t
Franklin Steam Printing Honse, Atlanta, Ga.

JOURNAL.
ATLANTA, GEORGIA,
Wednesday, January 10, 1877. At an annual session begun and held at the Capitol, in
the City of Atlanta, this day, Mr. J. L. Sweat, Clerk of
the former House of Representatives, presiding, the session was opened with prayer, by Rev. David E. Butler, when the following named Representatives appeared, and, after being duly qualified by Hon. James Jackson, one of the Judges of the Supreme Court, took their seats, to-wit:
From the county of Appling, Hon. John Roberson. From the county of Baker, Hon. A. L. Hawes. From the county of Baldwin, Hon. J. A. Green. From the county of Banks, Hon. J. J. Turnbull. From the county of Bartow, Hon. Thomas Tumlin and Hon. D. V. Stokely. From the county of Berrien, Hon. James H. Kirby. From the county of Bibb, Hon. A. 0. Bacon, Hon. L. N. Whittle and Hon. W. A. Davis. From the county of Brooks, Hon. H. G. Turner. From the county of Bryan, Hon. L. F. Cox.
From the county of Bulloch, Hon. R. vV. DeLoach.
From the county of Burke, Hon. W. F. Walton, Hon. S. A. Corker and Hon. E. A. Perkins.
From the county of Butts, Hon. S. F. Smith. From the county of Calhoun, Hon. 0. H. Paul. From the county of Camden, Hon. G. A. :Mallette. From the county of Campbell, Hon. James M. Wilson. From the county of Carroll, Hon. H. Hogan and Hon. E. Phillips.
From the county of Catoosa, Hon. J. W. Owenby.

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JouRNAL oF THE HousE.

From the county of Charlton, Hon. Felder Lang. From the county of Chatham, Hon. P. M. Russell, Hon. A. Pratt Adams and Hon. William W. Paine. From the county of Chattahoochee, Hon. A. Wooldridge. From the county of Chattooga, Hon. W. H. Penn. From the county of Cherokee, Han. W. B. C. Puckett. From the county of Clarke, Hon. H. H. Carlton. From the county of Clay, Hon. R. E. Kennon. From the county of Clayton, Hon. A. E. Cloud. From the county of Clinch, Hon. Lewi~ Strickland. From the county of Cobb, Hon. William Phillips and Hon. \V. P. Harden. From the county of Coffee, Hon. James Pearson. From the county of Columbia, Hon. J os. P. Williams. From the county of Colquitt, Hon. James Vick. From the county of Coweta, Hon. R. W. North and Hon. W. W. Thomas. From the county of Crawford, Hon. S. H. Causey. From the county of Dade, Hon. James A. Case. From the county of Dawson, Hon, Joseph McAfee. From the county of Decatur, Hon. Wm. W. Harrell and Hon. Hiram Brockett. From the county of DeKalb, Hon. M. R. Ragsdale. From the county of Dodge, Hon. Nicholas Rawlins. From the county of Dooly, Hon. L. W. Mobley. From the county of Dougherty, Hon. A. M. Wolihin and Hon. Howard Bunts. From the county of Douglas, Hon. C. P. Bowen. From the county of Early, Hon. \V. C. Sheffield. From the county of Echols, Hon. J. D. Smith. From the county of Effingham, Hon. H. P. Brewer. From the county of Elbert, Hon. J. J. Burch. From the county of Emanuel, Hon. Geo. W. McGar. From the county of Fannin, Hon. B. C. Duggar. From the county of Fayette, Hon. W. S. Brown.

WEDNESDAY, JANUARY 10, 1877.

7

From the county of Floyd, Hon. J. R. Freeman and

Hon. J. H. Reece.

From the county of Forsyth, Hon. Thos. Willingham.

From the county of Franklin, Hon. W. C. Mcintyre.

From the county of Fulton, Hon. J. H. James, Hon. G.

T. Fry and Hon. Henry Hillyer.

From the county of Gilmer, Hon. Joseph Pickett.

From the county of Glascock, Hon. E. G. Scruggs.

From the county of Gordon, Hon. M. J. Dudley.

From the county of Glynn, Hon. James Blue.

From the county of Greene, Hon. Wm. H. Branch and

Hon. V. D. Gresham.

From the county of Gwinnett, Hon. N. L. Hutchins and

Hon. W. J. Born.

From the county of J;labersham, Hon. J. H. Grant.

From the county of Hall, Hon. A. D. Candler.

From the county of Hancock, Hon. W. J. Northen and

Hon. J. T. Jordan.

'

From the county of Haralson, Han. A. R. Walton.

From the county of Harris, Hon. L. L. Stanford and

Hon. G. A. B. Dozier.

From the county of Hart, Hon. John B. Benson.

From the county of Heard, Han. M. T. Almon.

From the county of Henry, Hon. George E. Wise.

From the county of Houston, Hon. B. M. Davis, Hon.

A. L. Miller and Hon. J. F. Sikes.
From the county of Irwin, Hon. J. B. Fletcher.

From the county of Jackson, Hon. G. R. Duke and

Hon A. T. Bennett.

From the county of Jasper, Hon. J. C. Key.

From the county of Jefferson, Han. M. A. Evans and

Han. J. H. Polhill.

From the county of Johnson, Han. S. M. Fortner.

From the county of Jones, Hon. N. S. Glover.

From the county of Laurens, Han. C. S. Guyton.

From the county of Lee, Hon. John P. Adams.

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JouRNAL OF THE HousE.

From the county of Lincoln, Hon. J. L. Wilkes.
From the county of Lowndes, Hon. W. A. Carter. From the county of Lumpkin, Hon. W. P. Price. From the county of Macon, Hon. W. H. Willis and
Hon. J. D. Frederick.
From the county of Madison, Hon. S. W. Colbert. From the county of Marion, Hon. Howell Hollis.
From the county of McDuffie, Hon. J. S. Jones.
From the county of Mcintosh, Hon. Wm. Henry At. wood.
From the county of Meriwether, Hon. J. B. Roper and
Hon. J. W. Taylor. From the county of Miller, Hon. H. C. Sheffield. From the county of Mitchell, Hon. C. \V. Collins. From the county of Milton, Hop. J. M. Stewart. From the county of Monroe, Hon. Jeff. Hogan anc Hon.
T. S. M. Bloodworth.
From the county of Montgomery, Hon. D. J. McRae.
From the county of Morgan, Hon. J. S. Reid. From the county of Murray, Hon. Thos. Leach. From the county of Muscogee, Hon. R. J. Moses and Hon. N. G. Ottis, From the county of Newton, Hon. L. B. Anderson and Hon. J. P. Simms. From the county of Oconee, Hon. R. R. Murray. From the county of Oglethorpe, Hon. J as. M. Smith and Hon. A. F. Pope. From the county of Paulding, Hon. W. J. Gray. From the county of Pickens, Hon. L. J. Allred. From the county of Pierce, Hon. A. E. Cochrane. From the county of Pike, Hon. Jno. B. Matthews.
From the county of Polk, Hon. Seaborn Jones. From tht> county of Pulaski, Hon. Geo. W. Jordan. From the county of Putnam, Hon. John A. Reid. From the county of Quitman, Hon. L P. Dozier.
From the county of Rabun, Hon. W. M. Pickett.

WEDNESDAY, JANUARY 10, 1877.

9

From the county of Randolph, Hon. A. Hood, From the county of Richmond, Hon. P. Walsh, Hon. J. C. C. Black, Hon. W. E. Johnson. From the county of Rockdale, Hon. vV. L. Peek. From the county of Schley, Hon. M. J. Wall. From the county of Screven, Hon. U. P. Wade. From the county of Spalding, Hon. John D. Stewart. From the county of Stewart, Hon. C. C. Humber and Hon. B. F. Davis. From the county of Sumter, Hon. Allen Fort and Hon. vVm. H. Davison. From the county of Talbot, Hon. ]. C. Maund and Hon. J. M. Matthews. From the county of Taliaferro, Hon. B. F. Moore. From the county of Tattnall, Hon. J. B. Smith. From the county of Taylor, Hon. Bennett Stewart. From the county of Telfair, Hon. John Wilcox. From the county of Terrell, Hon. George T. Marshall. From the county of Thomas, Hon. W. M. Hammond and Hon. R. S. Burch. From the county of Towns, Hon. J. T. Kimsey. From the county of Troup, Hon. A. H. Cox and Hon. J. F. Awtry. From the county of Twiggs, Hon. J. T. Glover. From the county of Union, Hon. T. J. Haralson. From the county of Upson, Hon. J. vV. Brown. From the county of \Valker, Hon. J. M. Shaw. From the county of \Valton, Hon. vV. R. Smith. From the county of vVare, Hon. W. A. McDonald. From the county of \Varren, Hon. W. H. Pilcher. From the county of Washington, Hon. J. A. Robson and Hon. G. W. Peacock. From the county of Wayne, Hon. James Knox. From the county of Webster, Hon. W. C Kendrick. From the county of \Vhite, Hon. W. G. Goodrum. From the county of Whitfield, Hon. W. C. Richardson.

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JouRNAL OF THE HousE.

From the county of wilcox, Hon. \Vm. T. Faircloth. From the county of \Vilkes, Hon. F. H. Colley, Hon. \V. R. Callaway. From the county of \Vilidnson, Hon. N. C. Hughes.
From the county of Worth, Hon J. M. Rouse.
On motion, the House then proceeded to the election of a Speaker, and on taking the vote, viva voce, it appeared that Hon. A. 0. Bacon, of the county of Bibb, had received the whole number of votes cast, the same being a majority, and was thereupon declared the duly elected Speaker of the House of Representatives.

On motion of Mr. Hood, the following committee were appointed to conduct the Speaker-elect to the Chair, towit: Messrs. Hood, Price and Moses, who performed the duty assigned them, and the Speaker elect entered upon the discharge of the duties of his office.

The House then proceeded to the election of a Speaker protem., and upon taking a vote, viva voce, it appeared that Hon. H. H. Carlton of Clarke, had received the whole number of votes cast, being a majority, and was thereupon declared the duly elected Speaker pro tem. of the House of Representatives.

The House then proceeded to the election of a Clerk, and on taking the vote, viva voce, it appeared that Mr. E. P. Speer, of the county of Spalding, had received a majority of all the votes cast, and was declared elected.

The House then proceeded to the election of a DoorKeeper, and on taking the vote, viva voce, it appearing that Mr. B. H. Miller, of the county of Hancock, had received a majority of all the votes cast, he was declared elected.

The House then proceeded to the election of Messenger, and upon taking the vote, viva voce, it appearing that Mr.

WEDNESDAY, ]A~mARY 10, 1877.

11

J. R. Smith, of the county of Coffee, had received a ma-
jority of all the votes cast, he was declc>.red elected.

The following message was received from the Senate through Mr. Wellborn, assistant Secretary thereof:

Mr. Speaker: I am directed to inform the House of Representatives
that the Senate has convened with a quorum, and is now organized by the election of Hon. Rufus E. Lester, President, Hon. E. P. Howell, President protem., and William A. Harris, Secretary, and is now ready to proceed to business.
Mr. Speaker: The Senate has concurred in a resolution of the House
of Representatives appointing a com:nlttee to wait on His Excellency, the Governor, and inform him that both branches of the General Assembly are present and ready for business, and on the part of the Senate have appointed Messrs. Cabaniss and Black.

Mr. Stewart of Spalding offered the following resolution, which was agreed to, to-wit :
A ResolutionThat the clerk of the House notify the Senate that the House is ~ow organized, and ready for the transaction of business.

Mr. Stewart of Spalding also offered the following resolution, which was agreed to, to-wit:
A ResolutionThat the Speaker appoint a committee of three on the part of the House, to act tn concert with a committee on the part of the Senate, to wait on His Excellency, the Governor, and inform him that both branches of the General Assembly are organized, and ready to receive any communication he may have to make.

12

JOURNAL OF THE HOUSE.

The Speaker appointed the following committee, under said resolution, to-wit: Messrs. Stewart, of Spalding, Pope and Hammond_

Mr. Robson offered the following resolution, which was agreed to, to wit:
A resolutionThat the House proceed to draw seats in the following manner: Th'lt the names of counties be placed in a hat; that the members withdraw from the hall, and that as their counties are drawn from the hat, they do come forward and take their seats.

After the drawing for seats was completed, Mr. Cox of Troup offered the follo\ving resolution, to wit:
A resolutionThat the Speaker, at his convenience, appoint a Chaplain for the House. On motion of Mr. Hood, the resolution was laid on the table.

Mr. Stewart of Spalding, from the joint committee appointed to wait on his Excellency, the Governor, reported that the committee had performed that duty, and that his Excellency would communicate with the General Assembly in writing.

Mr. Stewart of Spalding offered a resolution that a committee of three be appointed to report rules for the government of the House, and that until such report is made, the rules of the last House be in force, which was agreed to.

Mr. James offered the following resolution, which was agreed to, to wit :
A resolutionThat the usual courtesies of the House be extended to the members of the press during the present session.

THURSDAY, jANUARY 11, 1877.

13

On motion of Mr. Turnbull, the House adjo:.~rned to 10 o'clock A.M., to-morrow.

ATLANTA, GEORGT\,
Thursday, January 11, 1876.
The House met pursuant to adjournment, and was called to order by the Speaker, and opened with prayer by Rev. John D. Stewart, of the county of Spalding.
The roll was called and a quorum found to be present.
The Journal of yesterday was read and approved.
Mr. Hood of Randolph moved to reconsider the resolution of yesterday in reference to the appointment of the Committee on Rules.
Mr. Fry of Fulton offered the following resolution, towit:
of The term his Excellency Jam~s M. Smith, as Gov-
ernor of Georgia, having expired by law, and it being a duty incumbent upon the General Assembly to open and publish the election return, and inaugurate the successor of Governor Smith ; therefore,
Resolved by the House of Representatives, the Senate concurn'ng, T~1at this, the 12th day of January, instant, at 12 o'clock M., the members of each branch of the General Assembly do convene in the Representative Hall, and the President of the Senate and Speaker of the House shall open and publish, in the presence of the General Assembly, the election returns for Governor, and the person found to have received a majority of the whole number of votes given shall be declared elected Governor of this State,

14

JOURNAL OF THE HOUSE.

and shall be inaugmated as such on to-morrow at 12 o'clock M.

Mr. Walsh offered the following resolution, to-wit: A resolutionThat the Speaker be authorized to appoint four pages for the House.

The following message was received from his Excellency the Governor, through Mr. Warren, his Secretary, towit:

Mr. Speaker:
I am directed by his Excellency the Governcr to deliver to the House of Representatives a communication in writing, with accompanying documents.

Order of business resumed.

Mr. Northen of Hancock moved to amend by adding "and that their pay be fixed at $1.50 per day," which amendment was agreed to, and the resolution, as amended, was adopted.
On motion of Mr~ Fry, the resolution providing for the counting and publication of the vote for Governor was transmitted to the Senate for concurrence.

Mr. Cox of Troup moved to take from the table the following resolution, to-wit: ''A Resolution that . the Speaker appoint a Chaplain," which motion prevailed.
Mr. Fry of Fulton offered the following substitute, towit:
That the Chair appoint a committee of three to procure the services of a Chaplain for this House, which was lost.
Mr. Miller, of Houston, offererl the following amendment to the resolution of Mr. Cox, to-wit:

THURSDAY, JANUARY 11, 1877.

15

"To be selected from the resident ministers of the city of Atlanta, the compensation of said Chaplain not to exceed one hundred dollars for the session."
Lost. Mr. Stanford, of Harris, offered the following substitute, to-wit: That the Speaker be, and he is hereby, authorized to appoint a Chaplain for this House, the pay not to exceed $50 for the session. Mr. Fry moved to amend by striking out $50, and inserting $100, and the substitute, as amended, was then adopted. Mr. James offered the following resolution, to-wit: A Resolution that the Speaker appoint two side doorkeepers, and one keeper of the gallery. On motion of Mr. Hood, the resolution was laid on the table. The Governor's message was taken up and read as follows:

EXECUTIVE DEPARTMENT, ATLANTA, GA., January 10, 1877.
To tire General Assembly:
I have the honor to communicate to the General Assembly such information as is deemed proper in reference to the condition of the Commonwealth, and to suggest for their consideration the measures thought necessary and expedient.
The cash balance in the Treasury January 1, 1876, as shown by the Treasurer's report of that date, was $511,785. 21. The amount received into the Treasury during the last fiscal year, as will appear by reference to the reports of the Comptroller General and of the Treasurer, herewith submitted, was $2,332, 933.38.
The disbursements, during the last fiscal year, amounted to $2, 280,435. 26.

16

JouRKAL oF THE HousE.

The objects for which these disbursements were made are particularly stated in the accompanying reports. The balance remaining in the Treasury January 1, 1877, was $564,283. 33.
The public debt, as shown by said reports, including the bonds maturing the present year, amounts to._$8,447,500. This statement does not include the bonds of the Macon and Brunswick Railroad Company, and of the North and South Railroad Company endorsed by the State, and for the payment of which the liability of the State is recognized. The sums necessary to meet the annual interest upon these bonds should be included in the appropriation made for the payment of the accruing interest on the publk debt.
In accordance with the provisions of the act, approved February 24, 1876, five hundred and forty-two 7 per cent. bonds of the State of $1,000 each, were executed for the purpose of funding the accrued interest upon the bonds of the Macon and Brunswick Railroad Company and of the North and South Railroad Company, for which the State was liable. The disposition made of these bonds, and of the proceeds arising from the sale thereof, is fully shown in the accompanying annual and special reports of the Treasurer.
The attention of the General Assemby is respectfully called to the estimates of the probable receipts and disbursements at the Treasury during the present fiscal year. I also commend to your consideration the several amendments of the law suggested by the Comptroller General.
STATE UNIVERSITY.
For particular information in regard to the condition of the State University, of the College of Agriculture and the Mechanic Arts, and of the. branch of the latter established at Dahlonega, the General Assembly is respectfully referred to the accompanying reports.
The receipts for the last collegiate year, from all sources,

THURSDAY, JANUARY 11, 1877.

17

including $5,000 of the special appropriation of the Legislature for the purchase of apparatus, amounted to $41,820.99, and the expenditures for the same period were $39,449.63. I would invite special attention to the report of the Board of Trustees of the North Georgia Agricultural College, located at Dahlonega. This institution was attended by over three hundred students during the past year. Fifty of these, in the latter part of the year, be came teachers and instructors of over four thousand children, in the common schools of the State. From all the information I have received, this College is performing its whole duty to the public, as an institution of learning, and I respectfully recommend that the sums asked for its benefit, by the Board of Trustees, be appropriated.
COMMON SCHOOLS.
The attention of the General Assembly ig specially invited to the accompanying report of the State School Commissioner, and to the suggestions and recommendations therein set forth. The report presents a most gratifying exhibit of the oper~tions of the Department of Education during the past year, and shows that, from small beginnings, our system of popular instruction, notwithstanding .all obstacles, has already attained a degree of usefulness most creditable to the State. Financial embarrassments, arising from a misappropriation of its lawful resources, the impoverished condition of our people, and, I regret to add, some difference of opini0n as to the wisdom of any system of education at the public expense, have been the chief difficulties with which we have had to contend. I am pleased to be able to state, however, that these obstacles are fast disappearing, and that our school system bids fair to be planted, at an early day, on a foundation so firm and enduring that no form of opposition can disturb it.
A brief resume of the history of popular education,
2

18

JouRNAL oF THE HousE.

since my entry on the duties of the Execu~ive Office, may not be out of place in this my last annual communication to the General Assembly. Our system of Common Schools, although organized at an earlier day, did not really go into effect until the year 1873. \Ve had a Common School Commissioner, and a tax for the support of schools had been levied and collected. Schools had been put into operation in some of the counties, and teachers employed; but at the close of the year 1871, there existed a school debt, in various counties of the State, amounting to more than $300,000. This debt was due to school officers and teachers, for services rendered by them to that date. The school fund, which amounted, October 1, 1R71, to $327,083.09, had been, in violation of the Constitution of the State, diverted from its lawful object, and appropriated to the p:lyment of legislative and other expenses of the Government. \Vhile teachers and school officers clamored for their pay, there was nothing to the credit of the school fund In the Treasury. Almost universal distrust of the system itself prevailed, and it was feared that it had received a fatal blow in the very first years of its existence.
From the lack of means to pay teachers, no schools were taught in the year 1872, and the Commissioner devoted his attention to systematizing the work under the law passed in August of that year. Not only the accumulated debts had to be paid, but it was also necessary to raise funds to revive and re-establish schools, The Legislq_ture of 1872 provided that a tax should be levied to raise money to pay the claims of teachers and school officials. Under the operation of this law $174,0t10 was raised and paid to claimants, and by other legislation since adopted, these local debts have been almost entirely extinguished. In the year 1873 schools were again put in operation, and have increased in number until every county of the State has its school organization. Means for the support of schools are regularly and punctually supplied, and not a

THURSDAY, jANUARY 11, 1877.

1~

well-founded claim upon the school fund in any county in the State remains unsatisfied.
While these facts are most gratifying, the increased interest and confidence in the system are forcibly exhibited by the following figures taken from the Commissioner's report:

School attendance in 1871 was [whites] .................... .42,91-1 School attendance in 1871 was [colored]..................... 6,664

Total. . . . . . . . . . . . . . . . . . . . . . . . . ........ .49,578

The attendance in 173 was [whites]. .......................... 63.922 The attendance in 1873 was [colored] ........................ 19,755

Total. ..........................................83,677

The attendance in 1874 was [whites] ........................... 93,167 The attendance in 1874 was [colored]. ......................... 42,374
Total .................................................. 145,541

The attendance in 1875 was [whites]. ......................... 10:i,990 The attendance in 1875 was [colored] . . . . . . . . . . . . . . . . . . . . . . . . 50,359
Total ............................................. 156,394

The attendance in 1876 was [whites] ..........................121,418 The attendance in 1876 was [colored] ......... ......... 57,987
Total. ............................................ 179,405

Increase of attendance <>ver that of 1875................... 23,011

The amount of money raised for the support of the school system since my induction to office, is as follows :

Amount raised under Act of 1872 for payment of school debts of 1871.............. . .. . .. . . .. . . . . . .. . . . .. . .. ........... $174.000
Amount apportioned for support of schoo~s in 1873 .......... 250,000 Amount apportioned for support Gf schooh in 1874 ........... 26-3,000 Amount apportioned and paid for support of sch11ols in 1875 ... 291,319 Amount apportioned and paid for support of sclwuls in 1876.. 291,319
Total. ................................... $1,271,638

20

JouRNAL OF THE HousE.

It is but due to certain communities in this State to add, that with a public spirit most praiseworthy the above sum has been supplemented by annual local city and county appropriations, to the amount of between $140,000 and $150,000.
In this connection, I take pleasure in bearing testimony to the ability and fidelity with which the present Commissioner has discharged the various and difficult duties of his office. To him, in a great measure, belongs the credit of having achieved success for the system in the face of grave obstacles. By p'..lblic discusc;ions, both oral and written, and by faithfulness and untiring energy in the discharge of his official duties, he has done much towards removing popular prejudice against the system, and to place its merits in a light to be readily comprehended by the public mind.
vVe have only to go forward as we have commenced in order to perfect our system of education, and to place Georgia in a position of proud pre-eminence among- her sister States. Defects existing in the system should be carefully remedied by legislation and by a judicious administration of details.
I respectfully commend to the favorable consideration of the General Assembly the suggestion more than once urged by the State School Commissioner, that the donation annually made to the Atlanta University be withdrawn from that object, and be devoted to the establic;hment of normal schools, for the education of colored teachers. Argument is not needed to demonstrate that, by this change, useful learning would be more widely diffused among the colored people, and consequently a greater amount of good accomplis:1ed.
There are other valuable and timely recommendations in the report that should claim your attention. I earnestly commend our school system, as a whole, to the fostering care of the representatives of the people.

THURSDAY, JANUARY 11, 1877.

21

COMMISSIONER OF AGRICULTURE AND STATE GEOLOGIST.
I invite the careful attention of tht: General Assembly to the reports of the Commissioner of Agriculture, and of the State Geologist, herewith transmitted.
In 1874 I had the honor of recommending to the Legislature the establishment of a Department of Agriculture. In February of that year, an act was passed in accordance with said recommendation. and the Department was organized and put into practical operation. The experience of only two years has demonstrated that it is one of the most valuable adjuncts of the State government. The detection and prevention of fraud in the manufacture of fertilizers, has already saved the people of the State many times the entire expense of the Department, while the discovery, through its agency, of cheaper manurial agents has greatly reduced the cost of production. The collection and dissemination of information respecting the various questions of farm economy has excited an active interest, and a spirit of inquiry and experiment among practical agriculturists throughout the State, and have resulted in the adoption of improved methods of husbandry, and in the multiplication of our industrial resources. The Legislature of 1874, which organized the Department of Agriculture, also had the honor of providing for the appointment of a State Geologist, and for a geological survey of the State. The work has been prosecuted vigorously and intelligently. There have been already collected at the Capitol more than ten thousand specimens of mineral rocks, fossils, plants and woods, appropriately arranged and labeled, according to counties. A general geological map of the State has been prepared, showing the formations which contain the various minerals useful in the arts and valuable for commerce. The characteristic soils have been collected from all the counties visited, and the vegetation peculiar to each noted.
One effect of the survey already observed, is the attrac-

22

JouRNAL OF THE HousE.

tion of foreign capital to the State, and its employment in remunerative work in the long abandoned mines of the gold region. The discovery of immense beds of marl in the southern and western portions of the State, is another interesting and highly important result of the survey.
The value of the information already obtained, and yet to be acquired from the labors in this Department, can hardly be overestimated. V/e have never fully appreciated-because we have not understood-the great value of our inheritance. The comparative analyses of the virgin soils of the State show a variety and fertility unsurpassed by any region of the earth. Georgia has water power sufficient to drive the looms and spindles of the world, and a mineral wealth whose extent is almost beyond computation.
But these, as well as other inviting fields of enterprise, will probably remain neglected it not upturned by scientific investigation. When the '' mineralogical, geological and physical survey" of the State shall have been completed, and the grand results officially promulgated, a powerful impetus will be given to the development of our material resources, and a new era of prosperity and progress will dawn upon Georgia.
ATTORNEY GENERAL'S REPORT.
The accompanying report of the Attorney General shows the condition of the official business in his charge, and the disposition made of the public money collected by him during the past year. This report, containing as it does, a particular statement of the action taken in all the cases in the h:mds of the Attorney General during the period mentioned, is an exceedingly important one, and I especially invite the attention of the General Assembly to its contents. Some of the cases determined durbg the year were of great interest both on account of the questions decided and the amounts of money involved. By the decision of the Supreme Court of the United States in

THURSDAY, ]AXUARY 11, 1877.

23

the railroad tax cases, the power of the Legislature to impose an ad valorem tax upon the property of certain leading railroad companies has been settled adversely to the State.
During the year certain criminal prosecutions commenced in the State Courts against Federal soldiers for alleged violations of law, were, by virtue of a statute of the United States, transferred to the Federal Circuit Court for trial. There is no provision of law for the prosecution of such cases in that Court, and the Attorney General calls attention to the propriety of remedying th~ defect by legislation. He also suggests that the law be amended so as to enable the Comptn ller General to traverse the correctness of tax returns made by railroad companies.
During last year suits were brought in the Courts of Tennessee against the \Vestern & Atlantic Railroad, for the recovery of certain claims growing out of what is usually known as the "Tennessee Car Company contract." The aggregate amount of these claims is large, and the Attorney General, under instructiona, retained Messrs. Cook, Van Dyke & Cooke to represent the State in the causes. These Attorneys have entered the proper defense, and, as far as possible, have taken steps to protect the Treasury against these fraudulent claims.
Before passing from the report of the Attorney General, it is not out of place to certify to the faithfulness and efficiency with which he has performe.-1 his public duties.
PENITENTIARY.
I herewith transmit the report of the Principal Keeper of the- Penitentiary for the year just closed. It contains a full and satisfactory account of the opentions of that institution during the period indicated. The number of convicts at the close of the year 1875 was 926, of whom 91 were whites and 835 were colored. In these figures are included 1 white and 30 colored female convicts.
The aggregate number of convicts at the close of last

..

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year was 1, 108, of whom 114 were white and 994 were colored. The number of convicts received during the year was 40-!; the number of discharges, 77; the number pardoned, 18; the namber of escapes, 44; and the number of deaths, 58.
The convicts were distributed among seven lessees, and were employed, during the year, in mining, agriculture, and upon public works. The numl.Jer of escapes and of deaths is worthy of attention. It is believed that the sanitary measures and the general care of the lessees were equal to those of former years ''hen the mortality was much less, and that the up usual number of deaths is to be ascribed to the exceptional heat of the summer months (quite a number having died of sun-stroke), <l_nd to the diseased condition of many of the convicts when received into the penitentiary. It is hoped that the changes soon to be inaugurated, under the Act passed at the last session, will produce a practical and permanent reform of all the evils existing in the present system.
In April last, I published an advertisement inviting bids for the penitentiary convicts und(;r the provisions of the Act approved February 25th, I876. In response to this advertisement bids were received, considered, and the convicts were let, under the provisions of the Act, to three companies, designated as Penitentiary Companies No. 1, Ko. 2 and No. 3. By the terms of their several contracts, these companies agreed to take the whole of the convicts for a period of twenty years, to commence after the expiration of the then existing leases, for the sum of $500,000, to be paid in twenty equal annual instalments of $25,000. The company designated as Penitentiary Company No. 1, contracts to take three hundred able-bodied long term me11, to be kept up to that number so long as there shall be so many in the penitentiary. These convics are to be employed in mining, as is provided by the statute referred to.
The companies Nos. 2 and 3 severally contract to take,

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25

each, one-half of the number of convicts remaining, and to keep and employ them as the law authorizing the lease requires.
Each company has given bond and security for the faithful performance of its contract, and for the management, control and safe-keeping of the convicts committed to its care.
It is further stipulated in the contracts, that in all cases where convicts under existing leases shall be thrown upon the hands of the State, the lessees under the new contracts shall take possession of the same, and shall hold, manage, and control them according to the provisions of their several contracts and bonds until the first day of April, 1879, when the term of the twenty year leases will commence to run.
These companies are composed of citizens of Georgia of high character, and, in the contracts entered into with them, the State possesses a guarantee that her crimnals, while receiving humane treatment, will also cease, m a great degree, to be a burden to her honest and law-abiding people.
Since these several contracts were made, it has been found necessary to establish a permanent State prison for each of the companies. That of Penitentiary Company No. 1 has been located at the mines of the Dade Coal Company, in the county of Dade; that of No. 2 at a point five miles west of the city of Albany, in the county of Dougherty; and that of No. 3 near Skull Shoals, in the county of Greene.
The penitentiary question has thus been disposed of for a period of twenty years from and after the first day of April, 1879, and while the:- solution reached has not, in all respects, been entirely satisfactory, it is, nevertheless, in my judgment, the very best one which, under the circumstances, could have been made.

26

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LUNATIC ASYLUM.
The report of the Trustees of the Lunatic Asylum shows the operations of that institution during the past year. The number of patients, at the date of the report, was six hundred and five, aiJd the c0st of their maintenance, including salaries of officers, for the year, was $88,816.65. The cost of maintaining each patient was 40k cents per diem, or $146.30 per annum. The cost in 1871 was 70 cents per diem, or $255.86 per annum, for each patient. Showing a reduction of nearly fifty per cent. in the cost of maintenance. It is believed that there is but little room for improvement in the administration of the affairs of the Asylum. The expenses have been reduced to the lowest point consistent with efficient management, and with the benevolent aims of the institution.
The Trustees suggest that, by changes of the interior construction of the buildings, an addition of seventy-eight rooms, affording accommodation to nearly or quite one hundred patients, can be secured at a cost not exceeding $12,500. The Trustees also suggest that two additional brick buildings on the premises could be erected for the accommodation of one hundred and twenty-five patients at a cost of less than $30.000. They also express the opinion that it will not be necessary, for some years to come, to make provision for more than one hundred additional patients. In this opinion I fully concur.
The General Assembly, at its last session, appropriated $20,000 for the purpose of constructing water works at the Asylum. I am gratified to be able to state that these works have been completed, and that an abundant supply of pure spring water is now furnished to the buildings.
On the night of the 15th of December, 1876, a fire occurred at the Asylum, which destroyed the work-shop and Contents and the laundry house, with its valuable rna chinery, and much clothing. The loss is a serious bne to the institution ; and regard to economy and convenience

THURSDAY, JANUARY 11, 1877.

27

requires that it should be repaired with the least possible delay.
More than $10,000 of the appropriation for the Asylum, authorized last year, has not been drawn, the saving of which is due to careful economy in the internal management of the institution. I recommend that the appropriation a3ked for by th'e Trustees ($9,000) be made for the purpose of replacing the buildings destroyed, and refitting them with the requisite machines.
The Trustees submit estimates for the maintenance of the Asylum for the present year, to which I respectfully invite your attention. I also recommend that an investigation of the claim of Messrs. Eakes & McKelfresh against the Asylum, referred to in the report, be made, and that a sum sufficient to pay the amount found due them be appropriated.
DEAF AND DUMB ASYLUM.
Accompanying this communication will be found the annual report of the Trustees and officers of the Institution for the education of the Deaf and Dumb. According to the report, the affairs of the Institution are in a satisfactory condition, and there is no immediate necessity for further legislation on its behalf.
Under a joint resolution of the General Assembly, approved February 25th, 1876, a Board of Visitors, consisting qf three citizens of the State, was appointed to visit this Institution and to investigate any irregularities or deficienciF.s existing in its government. This Board was further required to report to the Governor and the General Assembly, at its next session, "what reforms and recommendations are necessary and proper for the better management and successful operation of the Institution." A majority and a minority report have been submitted by the board, which are herewith transmitted, for the information of the General Assembly. These reports differ in relation to the best system of government for the Institu-

28

JouRNAL oF THE HousE.

tion, but not in reference to the management of its affairs under the existing system. The high character and intelligence of the members of the board, entitle their opinions to the careful consideration of the General Assembly.
GEORGIA ACADEMY FOR THE BLIND.
The condition of the Georgia Academy for the Blind is satisfactory, as appears from the report of the Board of Trustees. The academy contains fifty-seven pupils, and their progress during the past year was highly encouraging. The s11m of $4,654.38 was expended during the year in repairing and refurnishing the main building, and in erecting and fitting up a substantial and commodious workshop on the grounds of the academy. Provision has been made for a considerable addition to the number of pupils, and also for their better instruction in the useful arts.

PUBLIC PRINTER.
On the 6th of March last, the resignation of R. A. Alston as Public Printer was accepted. On the 8th day of the same month, Henry G. Wnght, of the couuty of Richmond, was appointed to fill the vacancy thus created, mtil the next meeting of the General Assembly. Proper bond and security were given, and Mr. vVright entered upon the discharge of his official duties. These have been creditably performed, but, by reaso!l of the facts referred to, the execution of the public printing has been somewhat delayed. Among the subjects which will require the attention of the General Assembly at the present session, is the election of State Printer to fill the unexpired term of said office.
MACON AND BRUNSWICK RAILROAD.
A very full report, by the State's Board of Directors, is transmitted herewith. The operations of the road for the past year, as therein set forth, may be briefly stated as follows:

THURSDAY, jANUARY 11, 1877.

29

Earnings for year ending November 30,1876 .............. $317,829 18 Expense account to same date................... .. . . . ... <!07,054 78
Net earnings..................................... $10,744 40

To the item of earnings it is legitimate to add a balance due from other roads, as per agreement for division of busintss and revenues, amounting to ............................. $47,701 32
!laking total net earnings ............................. $58,445 72

Of the $47,701.32 due from other roads as above, there has been paid, as per supplemental report, the sum of $18,097.62, leaving still a balance against them of $29,703.70, which every effort is being made to collect.
The policy of the State being to dispose of the road at the earliest day practicable, the efforts of the directors have been rather to the improvement of its condition than the production of revenue. Much has been accomplished in this way, and the board have advertised for sealed proposals of purchase or lease, to be received up to the 23d day of January, instant. Should an acceptable bid be made, the road will be sold or leased ; if not, there will be ample time for the General Assembly to take such action with regard to it as in its wisdom may seem most expedient. The various recommendations of the directors are submitted for a like consideration.
MEMPHIS BRANCH RAILROAD.
As stated in my message of January, 1875, the Memphis Branch Railroad, having complied with all the conditions of an act entitled ''an act to extend the aid and loan the credit of the State of Georgia to the Memphis Branch Railroad Company," etc., approved October 22, 1870, and having made formal application for such aid, an Executive order was issued May 12, 1874, providing for the State's endorsement ot the bonds of said company to the amount of thirty-four thousand dollars, ($34,000), the same being one-half of the estimated value of a section of said road then completed and equipped.

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In the month of May, 1876, being first satisfied by competent testimony that the interest which accrued and became due on the bonds of the company, thus endorsed by the State, on the first days of January and July of the year 1875, was not paid by the company when the same matured and became payable, by virture of authority conferred by said act of October 22, 1874, I seized and took possession of said road, with all its property, and placed the same in the hands of Robert T. Fouche as agent, to hold and manage it for the benefit of the State. A copy of this order will be found among the accompanying documents, and this action is reported in order that the Legislature may take such further steps for the protection of the interest of the State, as affected by said endorsment, as to it may seem best.
NORTH AND SOUTH RAILROAD.
The report of the receiver of this work shows that it is being operated at an expense to the State, its receipts being less than its expenditures, and with little prospect of improvemenl in this regard. The yearly account is thus stated:

Expense account ........................................... $9,013 95 Earnings................... . . . . . . . . . . . . . . . . . . . . . . . . . 8,681 33
Excess of expenses over earnings........................ $ 332 32

The shortness of the road, and the unfavorable character of the country which it traverses, preclude all idea of conducting it with profit to the State. The receiver presents an alternative-either to extend the road, at the State's expense, to a point beyond the mountains, twelve miles distant from the present terminus, or else to sell the property for what it will bring. The whole matter is submitted for your decision, without recommendation. I may remark, however, that I have seen no reason to change my opinion that the State will consult its best interest by ridding her-

THURSDAY, }ANUARY 11, 1877.

31

self of all ownership in and responsibility for such property, even at a tolerable loss.
DIRECT TRADE AND IMMIGRATION.
From the foundation of the government down to a very recent period, the tide of emigration from the Old World, upon reaching our shores, was, by skillful management, diverted, almost exclusively to the Northern and Northwestern States of the Union. Not one in the hundred of the millions who have sought homes on the great North American Continent has found his way to the State of Georgia, I am glad to say that we now have it in our power to bring about a change in this respect, and to divert to our own ports at least a portion of the large number of immigrants who still continue to seek work and homes in the New \Vorld. As the great advantages which we possess become known abroad, much interest is created among immigrants, and their agents and shippers, and, as a consequence, frequent applications have been addressed to the Governor and other State officials for information as to our climate, soil and other cognate subjects. For this gratifying change, and the prospects which it holds out, we are indebted, prim-rily, to the salubrity of our unrivalled climate, and secondarily, to the admirabfe work of our Geological and Agricultural Deparrments. These Departments were organized in 1874, and yet their labors are already attracting increasing attention to the mineral and agricultural wealth of the State, both in this country and in Europe, and especially among immigrants.
In this connection, I beg leave respectfully to invite the attention of the General Assembly to the accompanying
letter of Mr. J. S. Gartner, of New York city. It Will be
seen that he proposes tc> establish a line of ocean steamers between Savannah, in this State, and Liverpool, England, in the interests of immigration and direct trade. His proposition, briefly stated, is as follows: That the Legislature shall secure to him, by an act, the sum of $60,000,

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gold, per annum, for three years, in semi-annual payments; that in consideration of this subsidy, he will contract to run between Savannah and Liverpool, stopping at Queenstown as occasion may require, a first class steamer each month, or oftener if the trade should warrant, adapted to the service, and fitted for first class as well as lor steerage passengers ; that he will carry steerage passengers, or immigrants, for three pounds and ten shillings each, which is about one-half the usual fare between European ports and New York, and that he will commence the service as soon as the subsidy is secured, and the details for running the line are completed.
Under our present Federal revenue laws, foreign goods can be imported '' in bond " to interior Southern and \Vestern cities, and the establishment of a direct line of ocean steamers from Europe would thus enable the railroads of Georgia to compete with the trunk lines of the more Northern States. In addition to this advantage would be the benefit conferred on one ofour own sea ports in the increased business brought to it, and the securing of a direct export by steamship, instead of by the circuitous and more expensive route through Northern ports. Such a line would also give a great impetus to immigration, and to the sale and settlement of the large tracts of uncultivated land in the State. This, of itself, would secure to our people the speedy return of the cost of establishing direct steam communication with the Old World.
Such an enterprise would probably be attended with loss to the owners of the line in the beginning, and hence a subsidy is required until the undertaking can be started and placed beyond contingency. Similar grants of money, I believe, are usual in other States, where it has been found desirable to encourage immigration.
The benefits to accrue to the State from the regular and systematic introduction of trained laborers are too manifest to reqnire argument. If we estimate the value to the

THURSDAY, JANUARY 11, 1877.

33

State of each able- bodied man brought into it at $1,000, and allow that each immigrant brings with him $100 in cash, it will be seen that the annual arrival of one thousand immigrants would add to our working and actual capital $1,100,000 per annum. In ten years the addition to our wealth, upon a reasonable estimate, would be from $10,000,000 to $15,000,000, supposing there was no increase of the number of annual arrivals. fhese immigrants would require homes and work for themselves and families, and these we can supply upon reasonable terms. The territory of the State embraces about 58,000 square miles, or 37,120,000 acres of land, of which it is estimated that about 7,000,000 of acres only are in cultivation, leaving, say, 30,000,000 acres idle and unproductive. It is to the interest of every citizen of the State, proprietors and others, that these vast tracts of land should be brought into cultivation ; and the sooner this is done the better for all.
If to the above estimated value to the State of every immigrant who arrives upon our shores, we add the increased value of our lands and other property, resulting from his settlement in our borders, some idea may be formed of the vast importance which attaches to the sub. ject. The estimated value of the farms in Georgia in 1870, as shown by the last census, was, ht round numbers, $94,000,000. The estimated value of the farms, at the same time, in Illinois, a comparatively new State, was $920, 000,000, or ten times as much as the value of those in this State. This great disparity does not arise from the fact that the products of the lands in Illinois are ten times as valuabte as those of the lands in Georgia, but principaliy from the large immigration and settlement of skilled laborers, and the consequent larger area in cultivation in the former State. It is not assuming anything to say, that what immigration has done for Illinois and other States, it
3

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will do for Georgia also, if we will but adopt the necessary

measures to avail ourselves of its benefits.

Our colored laborers :tre annually removing in consider-

able numbers beyond the Mississippi, and those who re-

main behind will probably not, one in a hundred, ever be-

come land-owners; while of the hardy, industrial's white

immigrants who seek work among us, nearly all would

invest their first earnings in the purchase of homes for

themselves and families.

I, therefore, earnestly commend the subject to the fa-

vorable consideration of the General Assembly, and sug-

gest that the offer submitted by Mr. Gartner, be accepted;

the necessary appropriation made, and the Governor au-

thorized to close the contract at the earliest day practi-

cable.

REPORT OF SECRETARY OF STATE.

The attention of the General Assembly is respectfully

invited to the accompanying reports of the Secretary of

State, and to the several suggestions therein made.

MISCELLANEOUS.

Upon the petition of the municipal authvrities and of the Relief Association of the city of Brunswick, an Executive order was issued November 6th, 1876, suspending the collection of the State tax in the county of Glynn until the next meeting of the General Assembly. The petition represented that, by reason of the terrible epidemic through which the city of Brunswick was then passing, and the embarrassed c:ndition of the tax-payers caused thereby, the enforced collection of the State tax at that time would work great hardship to the people of the county.
Under the circumstances, I thought the request a proper one, and the petition was accordingly granted.
Paragraph 16, section 2 of the Act to levy a tax for the support of the Government for the year 1876, is in the following words :

THURSDAY, JANUARY 11, 1877.

35

" Upon all dealers in patent or intoxicating bitters, brandy, fruit, or other articles of like character, the sum of twenty-five dollars for each place of business where such articles are sold."
In the early part of last year, petitions were received from the druggists of Atlanta:, Macon, Savannah and Columbus, asking a suspension of the collection of said tax until the next meeting of the General Assembly. The petitioners represented that they were alr~ady taxed as druggists by the Federal Government in the sum of $25; and that besides a tax on sales, they paid to the State a specific tax of $25 for the privilege of vending:drugs, medicines, etc. They contended that the paragraph referred to was admitted into the tax act of 1876 through inadvertency, or without due consideration, and asked that the opportunity for revision might be given to the Legislature.
The petition was granted by an Executive order issued June 8th, 1876.
By a joint resolution of the General Assembly approved February 25th, 1876, the Governor was authorized to appoius a board of officers, nine in number, from the volunteer military organizations of the State, to revise that portion of the Code which relates to "the volunteers."
The members of said board were appointed during the past summer, and, I presume, the rt>sult of their deliberations will be placed before the General Assembly at the present session, as said resolution requires.
At the last session of the General Assembly, three several Acts proposing amendments to the Constitution of this State were passed, and received Executive approval. In order that said amendments should take effect, it is necessary that the Acts proposing them should be passed by " two successive Legislatures." If the present General Assembly should concur with its predecessor in regard to the merits of said amendments, it will, therefore, be neces-

36

JouRNAL OF THE HousE.

sary that the action above indicated be taken at the present session.
By an Act of the last General Assembly, the Governor was directed to require from the captain, or other officer of such companies as were called out by reason of the insurrectionary movements in Washington and adjoining counties, a particular and sworn statement of the number of men and horses employed in such service, the time for which they wel-e so employed, etc., and to report the same to the next General Assembly for their action. In obedience to the requirements of said Act, I transmit herewith such evidence of the service referred to as has been received, and I earnestly recommend that the amount due therefor be ascertained, and that the sum adequate for the payment thereof be appropriated.
CONDITION OF THE STATE.
In surrendering the high trust confided to me by the people, I may be pardoned for referring, in brief terms, to some of the results which have been accomplished since my accession to office.
The public credit, as indicated by the daily quotations at the centres of trade and commerce, is equal to that of any State in the Union. Our public securities, rated at the time I entered the Executive office at thirty per cent. discount, are now above par. I found a recognized floating debt of more than one and a quarter million dollars. The whole of this-amounting in exact figures to $1.277, 788.25, or to an average sum of over $250,000 per annum-has been entirely paid. The State has been relieved of a fraudulently contracted debt of $6,500,000, while there has been no addition to the amount of the bonded debt of the State contracted on her own account. Any apparent increase of our public debt is the result of liabilities created by railroad charters granted under former administrations. These results have been accomplished without a material addition to the public burdens.

THURSDAY, JANUARY 11, 1877.

37

Throughout the State the stream of justice has moved with a smooth and steady flow. The law has been impartially administered, and not a breath of suspicio11 has soiled the ermine. Life, liberty and property have been faithfully guarded, and not a single human being, of any color or condition, can justly complain of oppression. The great and manifest improvement of our condition, social, educational and industrial, is due to the home-bred common sense, the desire for progress and love of justice, which characterize the people of Georgia. I allude to it in no spirit of personal boasting, and claim no greater creJit than should be accorded to the humblest citizen who discharges his duty in his appropriate vocation. I gratefully acknowledge that the reform referred to in this communication could not have been effected without the active support of patriotic citizens, and the cordial co-operation of the representatives of the people.
FEDERAL RELATIONS.
Before closing this, my last annual communication to the General Assembly, I cannot forbear a brief reference to the grave circumstances which now surround us, and seem to threaten the existence of the liberties of the people.
On a given day, over eight millions of freemen, repre~enting nearly forty-five millions of people, came forth from their abiding places and quietly proceeded to the ballot-box for the purpose of choosing their rulers for the next tour years. This grave proceedinj:! was characterized by the utmost good order, notwithstanding the presence in many places of the military forces of the government, sent thither to over-awe the weak and ignorant, and tv secure the election of particular candidates. The law pointed out the mode ef selecting the President and Vice President of the United States. The question as to who should fill these high offices had been referred to the ballot-box. The true result of that reference, no candid mind can doubt. The election was held in pursuance of the laws of

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JouRNAL oF THE HouSE.

the United States and of the several States. It was peaceable and orderly, and free from intimidation and violence. And yet, immediately after the election, we find a few adventurers, acting under the direction of ambitious leaders at the Federal Capital, and backed by the military forces of the government, attempting, by fraud and chicane, to set aside the eminent statesmen chosen by the people, and to force into their places persons whom the people, after a fair trial, had refused to elect.
The question arises here: Shall the candidates fairly and legally elected by the people be placed in office, or shall persons rejected at the ballot box be elevated to power ? Shall law and order prevail, or shall fraud and violence have the mastery? Shall the people of the United States choose their own rulers, or shall political cheats and swindlers be permitted to perform that vital office for them ? We have appealed to the ballot-box: shall the result of this appeal stand, or shall it be set aside by force and fraud? If the latter, then our free institutions are already at an end, and constitutional liberty on the American continent has received its final blow. The right of the people to choose their own rulers, is the corner-stone of a free dem. ocratic republic; and when they voluntarily abdicate this invaluable privilege, or allow it to be wrenched from them, they have already obtained their own consent to become slaves. No more sacred cause can engage the patriotic efforts of a nation, than the firm maintenance of the fundamental right in all free governments to say who shall rule over it. This right the people of Georgia, and, I trust, of every other ,State in our Federal Union, will never willingly abandon. No division of the dirty spoils of office, no promise of personal advancement, no engagement to withhold the iror. hand of power, can ever compensate the people for the surrender of a right at once so dear to themselves and so vital to the very existence of constitutional liberty.

THURSDAY, jANUARY 11, 1877.

39

The people of the United States are thus brought face to face with a most momentous responsibility. What shall we do? The motto of our noble State furnishes the safe guide for our own action in this solemn emer gency: "Wisdom, Justice, Moderation." It is not for us to lead, or even to suggest, but to follow. It is the plain duty of Congress, by adhering to law and established precedent, to give effect to the clearly and legally expressed will of the people. But, if Congres'> should, unhappily, fail to do this, then it is believed that the proper determination of the grave questions now confronting us can, in the last resort, be safely left to the sober judgment of the right-minded people in the Northern States. If it cannot, then we are powerless, and they, as well as ourselves, will have lost the inestimable right of freementhe right of self-government. When they shall have decided what is proper to be done for the preservation of this right, it is assuming but little to say, that the peo?le of Georgia will be found ready to co-operate with them, and to do their whole duty under any and all circumstances.
CONCLUSION.
In conclusion, I beg to express my profound gratitude to the people of Georgia for the honor they have conferred upon me, and for the uniform support they have accorded my efforts to serve them. Deeply interested in all that concerns the welfare of my native St;:;.te, it is to me a ma:tcr of sincere gratification that her chief executive authority is soon to devolve upon the eminent citizen who has been called to succeed me by a popular majority unexampled in the annals of the State.
JAMES M. SMITH.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

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JouRNAL OF THE HousE.

.Mr. Speaker :
The Senate has concurred in the following resolution, with an amendment thereto, in which they ask the concurrence of the House of Representatives, to-wit :
A resolution providing for the counting and publishing the vote for Governor.
On motion of Mr. Fry, the resolution was taken up and the Senate amendment concurred in.

Mr. Jordan of Hancock offered the following resolution, which was agreed to, to-wit :
A resolution, that five hundred copies of the Governor's Message be printed for the use of the House.

Mr. Autry of Troup offerred the following resolution, to-wit:
A resolution, that the Message of his Excellency the Governor, with accompanying documents, be referred to appropriate committees. Agreed to.

On motion of Mr. Hood, Hon. vV. D. Kiddoo, Col. J. T. Flewellyn and Hon. W. M. Tumlin were invited to seats on the floor of the House.
On motion of Mr. Duggar, Prof. Veal, of North Carolina, was invited to a seat on the floor during his stay in the city.
Mr. Cloud offered the following resolution, to-wit: Resolved, That the hours of meeting and adjourning
for this House be as follows: Meet at 9! o'clock A.M., and
adjourn at 12! o'clock P.M.; meet at 2! P.M., and adjourn at 4! P.M.
On motion of Mr. Walsh, the resolution was indefinitely postponed.

THURSDAY, JANUARY 11, 1877.

41

On motion of Mr. Fort, Messrs. Thomas Eason, and Hon. A. G. McArthur, of Montgomery, were invited to seats on the floor during their stay in the city.

The following message was received from the senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker: I am directed by the Senate to transmit to the House of
Representatives the accompanying returns of election for Governor.

At 12 o'clock M., the Senate appeared, and was received by the House, and the President of the Senate and Speaker of the House, in presence of the General Assembly, in joint session, proceeded to open, count and declare the vote for Governor.

The President appointed as tellers, on the part of the Senate, Senators Thurman and Felton, and the Speaker appointed, on the part of the House, Messrs. Black, Turner and James.

Upon canvassing the returns, it appeared that the total vote cast for Governor ot the State of Georgia was 144,839; that Alfred H. Colquitt, of the county of DeKalb, had
received 111, 2!17, that Johnathan Norcross, of the county
of Fulton, had received 33,443, and scattering 99, and it was therefore declared that Alfred H. Colquitt, of the county of DeKalb, having received a majority of all the votes cast, was elected Governor of the State of Georgia, and must be honored, obeyed and respected as such.

The Senate having returned, Mr. Candler of Hall offered the following resolution, towit:
Resolved, That a committee of two from the Senate and three from the House of Representatives be appointed to wait upon His Excellency, Alfred H. Colquitt, and inform

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JOURNAL OF THE HoUSE.

him of his election as Governor of the State of Georgia, and enquire when it will suit his convenience to be inaugurated.
Adopted. The Chair appointed the following committee, to-wit: Messrs. Candler, Carlton and Hood, and the resolution was transmitted to the Senate for concurrence.

The following message was received from the Senate, through Mr. Harris, their Secretary, to-wit:

Mr. Speaker: The Senate has concurred in the joint resolution for the
appointment of a joint committee to wait upon his Excellency Alfred H. Colquitt, inform him of his election as Governor of Georgia, and inquire at what time it will suit his convenience to be inaugurated, and have appointed as that committee, on the part of the Senate, Messrs. Felton and Mattox.

Mr. Northen of Hancock offered the following resolution, to-wit:
A resolution that the Secretary of State, Treasurer, and Comptroller General be requested to report to the House, during the session of to-morrow morning, the salary and fees received from their offices during the last fiscal year.
Mr. James moved to amend by striking out the words "to-morrow morning," and inserting Monday in lieu thereof, and the amendment being accepted, the resolution, as amended, was then adopted.

Mr. Matthews, of Pike, offered the following resolution, to-wit:
A resolution that the House of Representatives dispense with assistant doorkeepers and assistant messenger during the session.
Mr. Moses offered the following substitute, to-wit:

THURSDAY, }ANUARY 11, 1877.

43

That the Speaker appoint a committee of three, whose duty it shall be to ascertain whether any additional service is required to assist the doorkeeper and messenger in the discharge of their duties, and in what manner they can be most economically obtained, and that said committee report to the House to-morrow morning the result of their investigations ; which was adopted, and the Speaker appointed as such committee Messrs. Moses, Turnbull, and Matthews of Pike.

On motion of Mr. Stewart of Spalding, the resolution appointing a committee of three on Rules for the Government of the House, was reconsidered, and so amended as to make the committee consist of five, with the Speaker as chairman, and as amended, adopted.

Mr. Moses offered the following resolution, to-wit: WHEREAS, specific charges have been publicly made against the present Comptroller, impugning his good faith in the management of his office, which charges are in substance as follows :
That the Collector of Fulton county was in default for the year 1871 for the sum of thirteen thousand and five hundred dollars, and in 1872 for the sum of ten thousand dollars; that the present Comptroller was elected in J anuary, 1873, and allowed said defaults to remain unsettled without the issuance of an execution until October, 1873, and then dic;charged the said default by receivihg for 1871, $13,500 without interest, and allowed the default of $10,000 for 1872 to remain unpaid; that during the year 1873, the said Tax Collector collected about $75,000, and paid no part of the same into the treasury until January, 1874, and while said default of $10,000 still remained unpaid, the Comptroller borrowed from the Tax Collector then in default between four and five thousand dollars, or other large sum ; and

44

JouRNAL oF THE HousE.

Whereac;, it is due as well to the Comptroller as to the

State, that charges of so serious a character should be investigated; therefore,

Be t Resolved, That a committee of

be appointed

by the Speaker, with power to summon witnesses and

compel the production of papers, whose duty it shall be

to investigate the charges referred to, and report to this

House the circumstances connected with said transaction.

Adopted.

The following message was received from the Senate, through Mr. Harris, Secretary thereof:

Mr. Speaker:
I am directed by the Senate to notify the House of Representatives that they have passed the following resolution, and ask their concurrence in the same, to-wit :
Resolved, by the Senate and House of Representatives, That a committee of two from tne Senate and three from the House of Representatives be appointed to wait upon his Excellency Governor James M. Smith, and inform cim that Honorable Alfred H. Colquitt has been duly elected Governor of the State of Georgia; and that Messrs. McDaniel and Harkness have been appointed on the part of the Senate.

The following from the Senate was concurred in, to-wit: A resolution that a committee of two from the Senate, and three from the House of Representatives, be appointed to wait upon his Excellency Governor James M. Smith, and inform him that Honorable Alfred H. Colquitt has been duly elected Governor of the State of Georgia. Mr. James moved to amend by inviting Governor Smith to be present at the inauguration of his successor. Adopted.

FRIDAY, JANUARY 12, 1877.

45

Mr. Candler, from the committee appointed to wait on his Excellency Governor Colquitt, submitted the following report, to-wit:

Mr. Speaker : As chairman of the House committee, in persuance of
a joint resolution of the General Assembly to wait upon General Alfred H. Colquitt, Governor elect of the State of Georgia, for the purpose of ascertaining when it would be his pleasure to be inaugurated, I am instructed to report that the Governor elect suggests that to-morrow, Friday, the 12th instant, at twelve o'clock M., would suit his convenience.

On motion of Mr. James, the House then adjourned to 10 o'clock to-morrow.

ATLANTA, GEORGIA,
Friday, January 12, 1877. The House met pursuant to adjournment, and was called to order by the Speaker, and opened with prayer by Hon. Mr. Jones, of the county of McDuffie.
On motion the call of the roll was dispensed with.
The Journal of yesterday was read and approved.
Mr. Hood offered the following resolution, to-wit: A resolutionThat Hon. T. J. Smith, Master of the State Grange, Hon. D. B. Harrell, Dr. H. H. Casey and A. C. Pate, Executive Committee of the State Grange, be invited to seats on the floor. Adopted.

46

JoURNAL OF THE HousE.

Hon. W. C. Bacon appeared and was sworn in as the Representative from the county of Liberty.

Mr. Conchran of Pierce offered the following resolution, which was adopted, to-wit:
A resolutionThat the front seats in the gallery be reserved exclusively for the ladies, during the inaugural ceremonies.

On motion of Mr. Overby, seats on the floor were ten dered Hons. W.-H. Payne, A. H. Gray, A. T. Hackett and C. T. Clements.

On motion of Mr. Taylor, Hon. J. E. Stallings, of the county of Coweta, was invited to a seat on the floor.

Mr. James, cf Fulton, offered the following resolution, to wit:
WHEREAS, the platform of the National and State Democratic Conventions have spoken in no uncertain voice in regard to retrenchment and reform in every department of the National and State Government, where such action can be wisely taken ; therefore, be it
Resolved, That a joint committee, composed of three members from the Senate and five from the House, be appointed by the presiding officers of their respective bodies, to carefully consider what offices, if any, can be abolished, and what salaries, if any, of public officials over which these bcdies have control, can be reduced, and to consider such other matters of retrenchment as may seem 1:0 the committee worthy of the attention of the Legislature.
On motion of Mr. Thomas of Coweta the Hon. L. J.
Featherston was invited to a seat on the floor.
Mr. Moses, from the Committee on Doorkeepers and and Assistant Messenger, moved to take up the resolution

FRIDAY, JANUARY 12, 1877.

47

of Mr. James on that subject, and submitted the following

report, to-wit:

The committee appointed to enquire what additional

assistance was necessary to enable the doorkeeper and

messenger to discharge their duties, and the most econom-

ical method of obtaining such assistance, ask leave to report

that they have discharged the duties assigned to them, and

deem it a wasteful expenditure of public money to employ

any assistant messenger or doorkeepers, except a gallery

keeper.

The present doorkeeper, messenger and pages being

ample for all purposes, except such menial work as clean-

ing and sweeping the halls and house, and other depart

ments connected therewith, including the closets, and for

this purpose they recommend that the sum of $100 be

allowed to a janitor, for which sum they have ascertained

that the work can be efficiently performed.

The adoption of this report will save to the State $802,

as compared with the expenditure of 1876, which was

32, 148. The amount saved in three items of expenditure

is in itfelf inconsiderable, but your committee regard it as

important in being the initial movement in a continuous

scheme of retrenchment greatly needed, and imperatively

demanded by the people.

[Signed]

R. J. MosEs, Chairman,
J. B. MATTHEWS of Pike, J. J. TURNBULL of Banks.

The following message was received from the Senate through Mr. Harris, the Secretary thereof:
Mr. Speaker: The Senate has concurred in a resolution of the House
of Representatives providing for the assembling of the General Assembly in the hall of the House of Re:presentatives for the purpose of administering the oath of office to General A. H. Colquitt, Governor-elect.

48

JOURNAL OF THE HoUSE,

The Senate has agreed to the following resolutions, in which they ask the concurrence of the House of Representatives, to-wit:
A resolution to appoint a committee of arrangements for the inauguration of the Governor-elect, and, upon the part of the Senate, have appointed Messrs. How.ell and Furman.
Also, a resolution in relation to election of State-house officers.

Mr. Turnbull of Banks, offered the following amendment to the original resolution and report of the committee, to-wit: By inserting one assistant doorkeeper and gallery keeper, in lieu of two side doorkeepers.
Mr. Cox of Troup offered the following as a substitute for the whole, to-wit :
Resolved, That the Speaker of this House appoint a gallery keeper and janitor, and that there be no assistant messenger and no assistant doorkeeper.
Adopted.

On motion of Mr. Hood, the Senate resolutions were taken up.

Senate amendments to House resolutions were concurred in.

The following resolution from the Senate was read, towit:
A resolutionThat on Saturday, the 13th instant, at 12 M., the Senate and House of Representatives will convene in joint session in the hall of the House of Representative~ for the purpose of electing a Secretary of State, Treasurer, Comptroller General and State Printer. Mr. Fry offered to amend by striking out Saturday, the 12th, and inserting Wednesday, the 24th.

FRIDAY, }ANUARY 12, 1877.

49

Mr. Ward offered as an amendment to strike out Comptroller General, and fix Tuesday, the 16th, as the day for the election of that officer.
On motion of Mr. Moses, the resolution and amendments were laid on the table.

The Speaker appointed the following committee on the part of the House, to act with the committee on the part of the Senate, to prepare for the inauguration, to-wit; Messrs. Price, Hillyer and Kennon.
On motion of Mr. Davison, the Hon. Sterling Glover, of Sumter, was invited to a seat on the floor.

Mr. Richardson offerecl the following resolution, to-wit:
A resolution-
That a committee of nine, three from the Senate and six from the House, be appointed to consider if any, and what, amendments to the Constitution the condition of the people and business of the State may demand, and that said committee report by bill or otherwise.
On motien, the resolution was laid on the table.

On motion of Mr. Stewart, the House took a recess of thirty minutes.

The following constitutional clerks having been apponted, were qualified by the Speaker, to-wit: Messrs. J. L: Sweatt, E. D. Graham, H. P. Wright, H, W. J. Ham, W. B. Butt, and C. P. Hansell.

The House was called to order by the Speaker.

Mr. Price, from the Joint Committee to wait on Gover-
nor Colquitt, reported that the Committee had performed
that duty, and that the Governor elect requested the com
4

50

JoURNAL OF THE HousE.

mittee to say that he would be ready to be inaugurated at 12 o'clock M.

At twelve o'clock the Senate attended in the Representative Chamber, and the General Assembly was called to order by Hon. Rufus E. Lester, President of the Senate.

The hour of twelve o'clock having arrived, the Hon. Alfred H. Colquitt, Governor elect, accompanied by his Excellency Governor James l\1. Smith, the Supreme Court, and other officers of the State, appeared in the Representative Chamber, and the Hon. Alfred H. Colquitt, Governor elect, delivered the following inaugural address :

Gentlemen t1f t!te Senate and House o.f Representatives:
In accordance with the constitution and laws of the State, I appear before you to take the oath of office as Governor of Georgia for the next four years. No edict of an autocrat convenes us in this hall to-day; no coercionwhether it comes from a master, or the exigencies of a faction, or the peril of the State-has forced us to assemble for this ceremony. But, self-marshaled, we are here to witness the peaceful change of public administration ; the dutiful and dignified surrender of power by one public servant, and the assumption of official responsibility by another.
The custom of predecessors, as well as my deep sense of gratitude to the people, demand from me a few words expressive of that gratitude, and indicating, in general terms, the poliLy which the times seem to demand.
The unprecedented majority which called me here overwhelms me with thankfulness. Language fails me in the attempt to give it adequate expression. It shall be my effort to prove the depth of my gratitude by a complete devotion to the public interests committed to me, and by an unremitting care that neither the honor nor the welfare of this beloved Commonwealth shall suffer by the confi-

FRIDAY, }ANDARY 12, 1877.

51

dence you have reposed in me as the servant of the State. The Executive Government of a free, great.and prosperous Commonwealth like Georgia, with-its million and a quarter of intelligent inhabitants, affords for the exercise of patriotic statesmanship, a sphere of honorable public service as exalted and comprehensive as the ambifion cf any man could desire.
Diffident of my ability, and distrusting my own capacity for this high and h)ly service, whilst I solicit your counsels and co-operation, I shall reverently invoke the aid of Divine Providence to enable me to fulfill the solemn obligations which I am now to assume.
The allusion to the large majority by which I was elected -the largest ever before given in the State on a similar occasion-has been made, not in any vain spirit of personal triumph, but to deduce from the magnitude of that majority two important public lessons. It exhibited the intense and universal interest felt by the masses of our people in this State in securing, at the ballot-box, the victory of those who are contending for the liberty and rights of the citizen and the limitations of the constitution. Never before in Georgia has there been a more profound conception of the true principles of Constitutional Government, a more wide spread sensibility to the dangers threatening our free institutions, or a more ardent and conscientious sympathy with the friends of the Constitutional Union. This noble devotion of our people to a true Republic of liberty and law, has pervaded all sections of the State and animated all classes of our population. It has given such an expression of sincere confidence in the legitimate methods of!awful election, as leaves no doubt of our fidelity to our constitutional convictions and the constitutional modes of giving them utterance and effect.
In the grand popular majority of the recent gubernatorial election, is to be read the overwhelming interest that Georgians feel in the great issues now convulsing the

52

JoURNAL oF THE HouSE.

country, and their determined purpose to keep in alignment with the patriotic millions of our Northern friends who are seeking, by the peaceful instrumentality of lawful suffrage, to re-establish good :;overnment under the undisputed supremacy of the Federal Constitution.
I but" speak my own deep-felt sentiment, and echo the public voice of Georgia, when I say that in all the complications of national politics, now so replete with fevered interest, we stand in immovable sympathy with the eleded exponent of constitutional liberty, retrenchment and reform. \Ve will adhere to him and his colaborers, with the fidelity due to the champion of a righteous cause, in every patriotic endeavor they may make to secure the honest and unmistakable will of a large majority of the American people, constitutionally expressed at the polls.
I refer with especial pleasure to the second lesson of our gratifying and unprecedented majority in the gubernatorial contest, repeated no less decisively in the presidential election in our State.
As the benefits of local self-government have becm experienced, and the baleful influence of malicious interference has been withdrawn, the colored people have recognized that our own home-folks are their true friends, and hence they fraternized and acted with us politically. Large numbers voted with us, and swelled the Gubern::1torial and Presidential majorities beyond all precedent. They have witnessed in all their material interests the effects of a goud home govt>rnment, administered by people wedded with them to the same soil, and whose interests are all interwoven with their own. Of no right ?as the humblest of them been deprived. The advancement of the race in knowledge and in civilization has been, and shall continue to be, a special trust and solemn duty. Hence, cordial relations, so natural and so necessary both to them and to the whites, are being rapidly and permanently established,

FRIDAY, JANUARY 12, 1877.

53

and quiet and peace and sympathy between the races pervade the entire State.
The people of this entire country have but to look, and they cannot fail to see how the more powcrfut race, when left to its own sense of right and policy, will treat the colored citizen ; and how, when thus free to act, the races feel for each other a mutual interest, pursue a common course, and enjoy a reciprocal prosperity. How wise were the fathers when they rested the constitution upon the solid pillars of local self-government in the States !
Georgia, gentlemen, is the horne of all Georgians, of every race, color and condition; her local government is the government of us all ; one future for weal or woe .awaits us and our families, and the nobler feeling of our nature, as well as the hard common sense of the self-interest of all, demand the united political action of all.
But to pass to other matters of domestic policy, wherein all Georgians have a common and vital interest. Not only were constitutional and political liberty talismanic words of power in the late great contest, but retrenchment and reform shone conspicuously on all the banners that heralded the victory of the friends of constitutional liberty at the polls. The eyes of all Americans look with confidence to the great reformer just elected President, to reform the National Administration.
Let us, gentlemen, look at home, and whilst my own immediate predecessor and your individual predecessors, have not been unmindful of their duty, let us remember that times have changed, and values of all kinds have sunk, and are still sinking. We must further retrench-we must reform yet more. It is our imperative duty to lighten the public burdens. Twenty years ago the taxable property in Georgia was over five hundred millions of dollars. To-day it is only two hundred and fifty millions. Then the taxation was only a half million-to-day it is a million and a quarter. With less than half the property, we have nearly three times

54

JouRNAL OF THE HousE.

the taxation. With property thus depreciated, and continuing to depreciate as it has done for the last two or three years, it is clear that our revenues will diminish in the same proportion, and our income will not meet our obligations. These obligations, gentlemen, are sacred. The interest on our debt, now about eleven millions, must and will be paid, and our credit, at any and every sacrifice, must be maintained. The current expenses of the State government must be promptly met. Our charitable institutions must be kept up. In this exigency, we are driven to the alternatives-retrenchment or increased taxation. The latter must: be avoided, if possible. I invite your earnest attention to the former, and now engage that in all methods which your experience and wisdom may devise for saving the people from increased burdens, I will most cordially co-operate with you. Let us not wait for grand occasions, or for instances of prodigious waste, in which to begin our reformin~ economy. If we cannot save large sums, let us see to it that the smallest leaks, which are wasting the public treasure, if there be such, shall be stopped. In such an industrial dearth and financial pressure as we are now experiencing, a system embracing small economies is not to be despised or neglected. Rigidly honest expenditure in the public administration, Stat<! policy demands. But besides this, a moral effect will be secured by it which will be of incalcul~ble benefit. While we give the whole financial world the fullest guarantee of our solvency by such a policy, we, at the same time, place before every household in the State an example worthy of all imitation.
\Ve rebuke, by this example, a wasteful and ostentatious expen,liture among our people, which as surely wrecks the substance and prosperity of the home, as it destroys the more imposing structure called the public credit. The counties and municip..tlities of the State will 'catch the inspiration, and we will again see the day when official probity will be the universal rule, and taxation never draw another

SATURDAY, JANUARY 13, 1877.

55

dollar from the producer's pocket to be wasted or misappropriated.
Our work is before us, gentlemen, and a grand achieve. ment is within our grasp. That work is the restoration of a vast heritage, which a sad fortune has sorely wasted and damaged. It is to evoke a thousand splendid resources, now unutilized. It is to maintain the proudest and noblest traditions-an honor unsullied-the status of as worthy and respectable a constituency as exists, and its position by the side of the most advanced of commonwealths. This labor, vast as it is, exacts no impossible thing at our hands. With the blessings of Heaven, and the agencies of clear heads and pure hearts, it may be accomplished.
Again solemnly invoking the Divine aid upon our efforts to serve our beloved State, I now take the oath of office.

On the conclusion of the address, the Governor elect, H on. Alfred H. Colquitt, took the oath of office prescribed by the Constitution, and was declared by the President of the Senate the duly elected and qualified Governor of the State of Georgia for the next four years.

On motion of Senator Black, the Senate then retired to their chamber.

On motion, the House then adjourned to 10 o'clock tomorrow.

ATLANTA, GEORGIA,
Saturday, January 13, 1877.
The H0use met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. John Jones.
On motion, the call of the roll was dispensed with.

56

JouRNAL OF THE HousE.

The Journal of yesterday was read and approved.

On motion of Mr. Carlton, the resolution of Mr. James and the amendments thereto were reconsidered.
The substitute by Mr. Cox was then put and lost. Mr. James moved to amend his resolution by striking out the am~:mnt of compensation, which was agreed to. Mr. Born called the previous question, and the resolution, as amended, was agreed to.

Mr. Stewart of Spalding introduced the following resotion, to-w't:
A resolutionvVHEREAS, a resolution has passed both branches of the General Assembly to appoint a committee to inquire into the salaries and perquisites of the offices of Comptroller General, Secretary of State, and others, and also into the propriety of dispensing with such officers as may be consistent with the public interest, in order that the said committee may more thoroughly and efficiently perform its work: Reso!<rcd, That said committee have power to hear testi mony, by subpcenaing, qu3.lifying, and examining witnesses, and by such other methods as are usually provided by law. Mr. Pilcher introduced the following resolution, to-wit : A resolution-
That this House meet at 9t o'clock A.M. and at 2! o'clock
P.M., and adjourn at 1 P.M. and 4! P.M. Mr. Simms of Newton, offered as a substitute that the
hours of meeting and adjourning be 10 A.M. and 1 P.M., 3 P.M. and 5 P.M.
On motion of Mr. Walsh, both were laid on the table.

Mr. Richardson offered the following resolution, which was agreed to, to-wit :
A resolution-

SATURDAY, JANUARY 13, 1877.

57

That, recognizing the general prostration of business and the industries of our State, and present distress of our people, we hail with pleasure the policy of his Excellency Governor Colquitt, as indicated yesterday in his inaugu ral address, and pledge ourselves to an earnest co-operation with his Excellency in carrying out the same.

Mr. Awtry of Troup offered the following resolution, to-wit:
A resolutionWHEREAS, the heavy burden of taxation under which the country is now laboring, together with the poverty of the people and the unproductiveness of all industrial ememployment, urgently demand a rigid economy in the administration of public affairs; therefore, Resolved, That it is the sense of this body that the pay of its members should not exceed the sum of five dollars per day. Laid on the table,

Mr. Bloodworth offered the following resolution, to-wit : A resolutionThat the Secretary of State be requested to lay before the House of Representatives all bills passed by the last Legislature, contemplating a change of the Constitution of the State of Georgia, which originated in this branch of the General Assembly, which resolution was agreed to.

Mr. Stokely offered the following resolution, to-wit: A resolutionThat his Excellency the Governor be requested, if not incompatable with the public interest, to defer his appointment of Superior Court Judges, and other State officers, until adon can be had by this General Assembly upon a fee bill, or some measure looking to retrenchment. Mr. Harris, of Baker, offerred the following substitute, to-wit:

58

JouRNAL oF THE HousE.

That appointment of Judges of the Superior Courts be deferred until it can be ascertained by the General Assembly, if some of the Circuits cannot be dispensed with, without detriment to the public interest.
Mr. Carlton, of Clarke, offered the following as a sub stitute for the whole, to-wit:
A resolution-
WHEREAS, His Excellency, in his inaugural address, referred to certain measures of possible retrenchment; and,
\Vhereas, the General Assembly desire to co-operate with the Governor in any contemplated plan of practicable reform in governmental affairs:
Resolved by the House of Representatives, the Senate concmnng, That his Excellency be requested to communicate to the General Assembly any suggestions regarding said subjects, and others connected therewith, and to present his views in relation thereto, in order that the Legislative and Executive Departments of the Government may cooperate, from the beginning of the new administration, in any effort looking in the direction of a reduction of expenses to a just, prudent and economical basis.
Mr. Fry called the previous question, and the substitute was adoptfO>d.

Mr. Black offered the following resolution, which was agreed to, to-wit:
A resolutionWHEREAS, by section 198 of the Code of Georgia, 1873, paragraph 3, it is required of the Clerk of the House of Represenb.tives, when he desires to employ clerks, other than the constitutional clerks. that he shall apply for leave to employ them to the House; and, Whereas, by section 199, it is provided that such clerks shaH only be employed upon an examination of their qualifications by the Enrolling Committee, and, upon a decision

SATURDAY, JANUARY 13, 1877.

59

of said committee, that they are competent and necec;sary to the public service;
Resolved, by tlze House of Rcpresentatives, That the Enrolling Committee of this body be, and is hereby required, in order to secure economy in the public service, and skill in the clerical department of the House of Representatives, to be careful in such examination, and to recommend only such as are competent and actually required to discharge the work to be done, and that the Clerk of the House of Representatives exercise the power vested in him with a careful regard to the public necessities.

Mr. McDonald offered the following resolution, to wit: A resolutionThat the Librarian furnish each member of the House with a pamphlet copy of the Constitution of the State of Georgia, if he has that number on hand. Agreed to.
The committee appointed to investigate the affairs of the Comptroller's office asked leave of absence for the purpose of entering on that duty, which was granted.

Under a suspension of the rules, Mr. Fry introduced the following bill, to-wit :
A bill to fix and regulate the salaries of certain officers therein mentioned, and to fix the per diem of officers and members of the General Assembly.
The bill was read the first time.

Under a suspension of the rules, Mr. James offered the following bill, which was read the first time, to.wit:
A bill authorizing the issuance of certain bonds to exchange for the first mortgage bonds of the Macon and Brunswick railroad, endorsed by the State.
On motion of Mr. Whittle, 300 copies of the bill were ordered printed.

60

JouRNAL OF THE HousE.

Under a suspension of the rules, Mr. James introduced the following bill, which was read the first time, to-wit :
A bill to authorize the Treasurer to pay the interest now due on the bonds of the North and South railroad, and the Memphis Branch railroad.
On motion, three hundred copies each, of this bill and the one introduced by Mr. Fry, were ordered printed.

Under a suspension of the rules, Mr. Davis, of Houston, introduced the following bill, towit:
A bill changing the method of electing the Public Printer, and provide for letting out the work to the lowest bidder.

Mr. Stokely asked for a suspension of the rules to introduce the following resolution, to-wit :
A resolutionThat the Speaker of this House appoint a committee, consisting of one member from each Superior Court Judicial Circuit in this State, to ascertain if it be practicable to reduce the number of said judicial circuits, said committee to report by bill or otherwise.

Mr. Cox of Troup asked a suspension of the rules to allow him to introduce the following bill, to wit:
A bill to incorporate the Independent Free School in the city of West Point.

Under a suspension of the rules, Mr. \Vhittle introduced the following bill, to-wit:
A bill to forbid all executors, guardians, or other trustees, from investing funds in their hands in other than the securities of the State of Georgia.
Also, to entitle certain parties to construct a Boom across the Ocmulgee river, at or near the city of Macon.

On motion of Mr. Bloodworth, the rules were suspended

SATURDAY, }ANUARY 13, 1877.

61

for the introduction of new matter, and, upon calling the roll of counties, the following bills were introduced and read the first time, to-wit:
By Mr. RobersonA bill to repeal an act consolidating the offices of Tax Receiver and Collector as far as the same relates to the the county of Appling. By Mr. StokelyA bill to reduce and distribute the number of grand jurors in the county of Bartow. Also, to incorporate the Wofford Academy, in the county of Bartow. Also, a bill to enforce the doctrine of retrenchment and reform. By Mr. PennA bill to incorporate Tryon Manufacturing Company. By Mr. CloudTo amend the acts incorporating the town of Jonesboro. Also, to abolish the County Court of the county of Clayton. By Mr. StricklandA bill to regulate the per diem of the members of the General Assembly. Also, to prevent seining in the Suwannoochee and Tom's creek, in the counties of Clinch and Echol-s. By Mr. PhillipsTo incorporate the Kennesaw Mills Company, in the county of Cobb.
By Mr. Harrell. A bill to amend the several acts incorporating the town of Bainbridge.
By Mr. Brewer-A bill to amend certain acts fixing the pay of county officers in the county of Effingham. Also, to allow the commissioners of roads and revenues

62

JouRNAL oF THE HousE.

to regulate the sale of spirituous liquors in the county of Effingham.
By :VIr. DuggarA bill to abolish the offices of county school commissioner and board of education in' the county of Fannin. By Mr. ReeceTo amend the Act incorporating the Bank of Rome. Also, to incorporate the Oostanaula and Coosawattee River Steam Boat Company. By Mr. HillyerA bill to require the Tax Collector of Fulton county to make more frequent settlements with the Comptroller General, and for other purposes. Also, a bill to alter the law in relation to the lien of judgments, and for other purposes. Also, to alter the law in reference to the lien of mortgages, and for other purposes. By Mr. FryA bill to enact other and further organization of the City Court of Atlanta. By Mr. PickettA bill to amend an act to loan the credit of the State to the Canton and Ellijay railroad, and for other purposes. By Mr. CandlerA bill to provide for the holding of a Constitutional Convention to revise the Constitution of the State, and for other purposes. Also, a bill to exempt from taxation cotton, corn and other produce in the hands of the producer on the first day of April in each year. By Mr. Jordan- A bill to amend section 4,414 of the Code. By Mr. DavisA bill to abolish the office of Principal Keeper of the Penitentiary, and to require the Secretary of State to perform the duties of that office.

SATURDAY, }ANUARY 13, 1877.

63

By. Mr. DukeTo repeal the act creating a county court for the several counties of this State, so far as the same relates to the county of Jackson. By Mr. BloodworthA bill to change the time of closing the polls at the election precincts in this State. Also. a bill to fix the compensation of members of the General Assembly, Secretary of the Senate and Clerk of the House, and for other purposes.
Also, a bill to alter and amend secti0n 2,918 of the Code of Georgia.
By Mr. Reid of MorganA bill to empower the Mayor and Aldermen of the city of Madison to provide for the registration of voters. By Mr. Matthews of PikeA bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Pike, and for other purposes. By Mr. HoodA bill to alter and amend section 4, 370 of the Revised Code. Also, a bill to add an additional section to the Penal Code of Georgia, in reference to slander, and for other purposes. By :Mr. Davis of StewartA bill to fix the fees of the sheriff and jailer of the county of Stewart. By Mr. Matthews of TalbotA bill to change the penalty for the crime of arson m the country.
By Mr. BrownA bill to fix the fees of the County Treasurer, and the pay of jurors, in the county of U p~on. Also. to make applicable to the county of Upson the act

64

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providing for a board of commissioners of roads and revenues for various counties of this State.
By Mr. McDonaldA bill to limit the power of the grand jury and the Ordinary of the county of \Vare in levying taxes. Also, to regulate the fees of jurors in the county of \\rare. By Mr. KendrickA bill to reduce the sheriff's bond in the county of Webster. Also, a bill to fix the compensation of bailiffs and jurors in the county of Webster. By Mr. Simms of NewtonA bill to abolish the County Court in the county of Newton. By Mr. FairclothA bill to change the line between the counties of Wilcox and Pulaski,

A communication was received from the Commissioner of Agriculture, informing the members of the House that he would be pleased to have them call at his office and procure copies of a hand-book of Georgia, prepared under the auspices of his department;
The Speaker announced the following committee on the part of the House to investigate the affairs of the Comptroller General's office, to-wit: Messrs. Moses, Keenan and Tumlin.

Leave of absence was granted Messrs. Smith, of Oglethorpe, Moses, Payne and Russell.

On motion, the House adjourned to 10 o'clock A.M. on Monday morning.

MONDAY, jANUARY 15, 1877.

65

ATLANTA, GEORGIA,
Monday, January 15th, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. John Jones.
The roll was called, and a quorum found to be present.
The Journal of Saturday was read and approved.
Mr. Stokely moved to reconsider the substitute of Mr. Carlton for the resolution of Mr. Stokely asking his Excellency the Governor to suspend the appointment of ct.rtain officers for certain reasons.
Mr. Fort moved to lay on the table, which motion did not preval.
The motion to reconsider prevailed.
Mr. Kennon, from the Committee on the Comptroller General, asked leave to make a report, which was read, as follows, to-wit:
The committee appointed under a resolution of the House of Representatives, to investigate certain charges made against W. L. Goldsmith, Comptroller General of the State of Georgia, have thoroughly investigated said charges, and submit the following report:
We find that at the time W. L. Goldsmith assumed the office of Comptroller General, in January, 1873, there was a large balance due the State by the Tax Collector of Ful-
ton county for the years 1871 and 1872, consisting offt. )as.
in hands of said collector, most of them endorsed nulla bona by the proper collecting officer;
It appearing to him that the State had been losing largely by insolvent lists previously allowed, he, with commendable zeal, determined to reduce the amount of these insol-
o

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vent lists ; and, to this end, entered into an agreement with the Ordinary of Fulton county that these insolvent lists
should only be allowed upon the return of the .ft. fas., en-
dorsed by proper officer, " K o property to be found," and not upon the oath of the Tax Collector, as previously done.
We find that the Collector of Fulton county was due the State $13,500 on the taxes of 1871, which was not paid until October, 1873, but we do not find that he was a defaulter, as it does not appear that he failed to pay over promptly all taxes collected, but the amount consisted
of uncollected .ft. fas., and the Comptroller General, wiselr,
as we think, gave him time to collect up closely. \Ve find the same facts to exist in regard to the balance of $10,000 due from the taxes of 1872.
'vVe find that none of the taxes of 1873 were collected or paid over until January, 1874, the time having been extended by the Comptroller General in consequence of the financial crisis of September, 1873, which made it nece!"sary to give this indulgence.
We find that all taxes due the State from Fulton county for the years 1871, 1872 and 1873, have been settled in full. No interest was charged the Collecter of Fulton county on balances collected on taxes for the years 1871 and 1872, for the reason that he had not been declared a defaulter, and interest is only charged to defaulting Tax Collectors.
In the opinion of the committee, the Comptroller General has not abused the discretion given him by law in extending time for final settlements to the Tax Collector of Fulton county, but, on the contrary, we fully approve his action, and we are satisfied that the insolvent list of Fulton county, has been greatly reduced, and the State benefitted thereby.
vVe find that, during the panic of September, 1873, Mr. W. L. Goldsmith borrowed of Mr. S. R. Hoyle two thou-

MoNDAY, JANUARY 15, 1877.

67

sand dollars of his private money. This seems to have

been purely a business transaction between gentlemen,

and, so far as we can a~certain, free from any taint of

wrong.

In conclusion, the committee beg leave to say that in

all these transactions we think the Comptroller General

has acted wisely, and properly used the discretion given

him by law, to the best interest of the State.

This investigation has shown him to be an honest, faith-

ful and efficient officer. Respectfully subm~tted,

R. E. KENNON,

THOMAS TuMLIN.

The following message was received from the Senate through .Mr. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has agreed to the following resolution, in which they ask the concurrence of the House of Representatives, to-wit:
A resolutionAppointing a joint committee for the purpose of taking into consideration that part of the message of James M. Smith, Governor, relating to the election of State Printer, and for other purposes, and, upon the part of the Senate, have appointed, Messrs. Black and Brewster.

1\h. vValsh offered the following resolution, to-wit: A resolutionThat the report of the committee appointed to investigate the affairs of the Comptroller's office be adopted.

Mr. Stanford offered the following resolution, to-wit: A resolutionThat a committee of ten be appointed to ascertain

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whether there can be any reduction of the judicial circuits, or of any expenses of other officials in this State.
On motion, it was laid on the table.

Mr. Hood moved to take up the Senate resolution in reference to the election of State-house officers.
Lost.

The Speaker announced the following standing committees, to-wit:
The Committee on the Judiciary, are Messrs. Stewart of Spalding, Chairman ; vVhittle, Turner, Black, Hammond, Hood, Corker, Turnbull, Fort, Hillyer, Jordan of Hancock, Key, Simms, Colley, Cox of Troup, Davis of Houston, Matthews of Talbot, Fry, Stanford, Wade, Sheffield of Miller, Cochran, Polhill, Adams of Chatham.
The Committee on Finance are Messrs. Carlton, Chairman; Moses, \Valsh, Jones of Polk, Hutchins, James, Northen, Kennon, Reid of Putnam, Phillips of Cobb, Guyton, Paul, Pope, Miller, Paine, Tumlin, Jordan of Pulaski, Harralson, Candler, Evans, Awtry, Willis, Leach.
The Committee on Corporations are Messrs. Hood, Chairman; James, Brewer, Reece, Black, Jones of Polk, Turner, Case, Sheffield of Miller, Guyton, Wade, Fort, Polhill, vVall, Stanford, Anderson, Cox of Troup, Hollis, Haralson.
The Committee on the State of the Republic are Messrs. Whittle, Chairman; Benson, Brewer, Hood, Cloud, Dozier of Quitman, Evans, Frederick, Green, Glover of Twiggs, Humber, Haralson, Price, Kendrick, Kennon, Miller, Matthews of Pike, McDonald, Ottis, Paul, Pickett of Gilmer, Reid of Morgan, Robson, Smith of Oglethorpe,
Stewart of Spalding, Turnbull, Walsh, Carlton. The Committee on Internal Improvements are Messrs.
Phillips of C~bb, Chairman; Wolihin, Stokely, Stewart of Taylor, Smith of Butts, Turner, Taylor, Sikes, Sheffield of

MoNDAY, JANUARY 15, 1877.

69

Early, Mcintyre, Hillyer, Hammond, Willingham, Allred, Goodman.
The Committee on Agriculture are Messrs. Jordan of Pulaski, Chairman; Frederick, Northen, Humber, Dozier of Harris, Richardson, Gresham, A wtry, Peek, Harden, Scruggs, Lang, Smith of Oglethorpe, Callaway, Atwood, Burch of Elbert, Glover of Twiggs, Glover of Jones, Reid of Morgan.
The Committee on Privileges and Elections are Messrs. Russell, Chairman; McDonald, Fort, Cox of Troup, Branch, Sheffield of Miller, Humber, Peacock, Adams of Chatham, Cochran, Hollis, Blue, Adams of Lee.
The Committee on Enrollment are Messrs. Payne, Chairman ; Green, Reid of Putnam, Born, Knox, Marshall, Peek, Wilkes, McDonald, Pope, Rouse, Humber, DeLoach.
The Committee on Journals are Messrs. Willis, Chairman; Almon, Brown of Upson, Duke, Owenby, North, Mallette, Harrell, Roper, Stewart of Miller.
The Committee on Military Affairs are Messrs. Colley, Chairman; Simms, Adams of Chatham, Jordan of Hancock, Grant, Collins, Colbert, Hughes, Pope, Reece, Shaw, Walton of Burke.
The Committt>e on Banks are Messrs. James, Chairman; Willis, Moses, Marshall, Dozier of Quitman, Cox of Bryan, \Vade, Wall, Sikes, Smith of Walton. ,. The Committee on Education are Messrs. Price, Chairman; Northen, Carlton, Hollis, Fort, Thomas, Goodrum, Stokely, Hutchins, Leach, Matthews of Pike, Corker, Frederick, Johnston, Rouse.
The Committee on the Deaf and Dumb Asylum are Messrs. Pilcher, Chairman; North, Mcintyre, Kendrick, Turnbull, Walton, Smith of Echols, Bloodworth, Peacock, Born, Shaw, DeLoach.
The Committee on the Academy for ~he Blind are Messrs. Dozier of Quitman, Chairman: Harden, Perkins, Glover of Twiggs, Bennett, Strickland, Guyton, Maund, Wolihin, Freeman, Duke, Davis of Bibb, Hughes.

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The Committee on the Lunatic Asylum are Messrs. Paul, Chairman; Dudley, Jones of McDuffie, Taylor, Murray, Mobley, Scruggs, Owenby, Wilkes, Green, Whittle, Northen, North, Pilcher, Richardson, Brown of Fayette, Sheffield of Early, Wilson, Burch of Elbert.
The Committee on the Penitentiary are Messrs. Kennon, Chairman ; Tumlin, Allred, Hawes, Peacock, Phillips of Cobb, Ragsdale, Rouse, Sheffield of Early, vVooldridge, Miller, Case, Brockett, Bacon of Liberty, Bunts.
The Committ~e on Auditing are Messrs. Allred, Chairman ; Cox of Bryan, Davison, Dozier of Harris, Faircloth, McRae, Fry, Stewart of Taylor, De Loach.
The Committee on New Cou!}ties and County Lines are Messrs. Thomas, Chairman; McRae, Maund, Bowen, Pearson, Duggar, Fortner, Wilcox, \Villiams, Roper, Puckett, Hogan of Carroll, Kimsey, McAfee, Carter, Causey.
The Committee on Public Printing are Messrs. Awtry, Chairman; Roberson, McGar, Moore, Ottis, Vick, Smith of Tatnall, Kirby, Davis of Stewart, Wise, Burch of Thomas, Cloud, Mallett.
The Committee on Immigration are Messrs. Jones of Polk, Chairman; Key, Johnston, Hawes, Lang, Matthews ofTolbert, Fletcher, Callaway, Gray, Hogan of Monroe, Mobley, Penn, Rawlins, Phillips of Carroll, Collins.
. The Committee on Public Library are Messrs. Reece,
Chairman; Branch, Black, Davis of Houston, Freeman, McAfee, Key, Johnston, \Villiams, Bloodworth.
The Committee on the Public Property are Messrs. Evans, Chairman; Maund, Hogan of Monroe, Pickett of Rabun, Rouse, Smith of Echols, Smith of Butts. Strickland, Walton of Burke, Benson, Brown of Upson, Brown of Fayette, DeLoach, Freeman.
The Committee on the Geological Bureau are Messrs. Candler, Chairman; Walsh, Price, Tumlin, Simms, Causey, Dudley, Jones of McDuffiie, Murray, Perkins, Smith of Tatnall, Walton, of Haralson, Puckett, Gresham.

MoNDAY, JANUARY 15, 1877.

71

On motion, 300 copies were ordered printed for the use of the House.

Under a suspension of the rules, that portion of the Governor's message relating to the election of State Printer was, on motion of Mr. Black, tak::-n up, and a resolution from the Senate concurred in, appointing a committee to consider it.

On the call of the roll of the counties the following bills were introduced and read the first time, to-wit:
By Mr. RichardsonA bill to fix the per diem of jurors in the county of Whitfield, and to fix the number thereof. By Mr. PilcherTo create a Board of commissioners of roads and revenues for the counties of Warren and Taliaferro. By Mr. McDonaldA bill to alter and change the school system of the counties of Ware, Echols and Clinch, and for other purposes. By Mr. ShawA bill to amend the several acts incorporating the Selma. Rome and Dalton Railroad. By Mr. Cox of TroupA bill to render females eligible to the office of State Librarian. By Mr. KimseyA bill t) regulate the pay of county officers in the county of Towns. Also, to establish an academy of learning in the town of Hiawassa, and to appropriate money for the same. By Mr. HammondA bill to amend the acts for the protection of animals
in the county of Thomas. Also, to amend an act providing for a board of commis-
sioners of roads and revenues for the county of Thomas.

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By Mr. Smith of TatnallA bill to repeal an act creating a board of commissioners for the county of Tatnall. By Mr. StewartA bill to amend the Constitution of the State of Georgia.

The Speaker announced the following committee on the part of the House on the election of State Printer, to-wit: Messrs. Black, Whittle, and Adams of Chatham.

By Mr. StewartA bill to require parties to have judgments of Justice's Courts entered upon the execution docket of the Superior Court.

The following message was received from the Senate through Mr. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has concurred in the following resolutions of the House, to-wit:
A resolutionTo authorize the Committee on Investigation of the Fees anc Perquisites of Comptroller General to take testimony. Also, a resolutionAppointing a committee to consider what offices can be abolished, and have appointed on the part of the Senate Messrs. Harrison, Cody and Brewster.

By Mr. HallA bill to abolish the County Criminal Court fn the county of Schley. Also, a bill to amend the act fixing the per diem of jurors in the county of Schley. By Mr. Walsh-

MoNDAY, JANUARY 15, 1877.

73

A bill to fix the compensation of the Tax Receiver of the county of Richmond.
Also, a bill to incorporate the Augusta and Knoxville Railroad.
Also, a bill to amend sections 3,419 and 3,420 of the Code.
Also, a bill to ratify and confirm an act allowing the Superior Courts to create corporations and renew the same.
By Mr. PickettA bill to repeal the act allowing pay to school commis sioners in the county of Rabun. By Mr. JordanA bill to repeal an act in regard to the revenue laws of the State of Georgia. By Mr. MatthewsA bill to amend an act creating a County Court in the county of Pike. By Mr. AllredA bill to authorize Addison C. Carson to peddle without a license; By Mr. GrayA bill to regulate the pay of jurors in the county of Paulding. By Mr. MurrayA bill to regulate the pay of jurors m the county of Oconee. By Mr. Simms of NewtonA bill to repeal an act in reference to the garnishment laws, and to amend section 3,554 of the Code. By Mr. ReidA bill to repeal an act changing the line between the counties of Green and Morgan. By Mr. BloodworthA bill to amend section 2,932 of the Code of Georgia. Also, a bill to repeal an act which compels the Tax Col-

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JouRNAL OF THE HousE.

lectors of the counties of Burke and Monroe to receive debts against themselves in paymeht for taxes.
By Mr.--A bill to change the line between the counties of Meriwether and Coweta. By Mr. RoperA bill to amend an act creating a board of commissiOners of roads and revenues for the county of Meriwether. By Mr. HollisA :,ill to abolish the County Court of the county of Marion. By Mr. PriceA bill to prohibit the sale of intoxicating liquors in the 82lst G. M., in the county of Lumpkin. By Mr. AtwoodA bill to require and provide for the registration of voters in the county of Mcintosh. By Mr. WilkesA bill to repeal an act providing for the assessment of taxes. Also, a bill to amend the act fixing the legal rate of interest. Also, to compensate the grand and petit jurors in the counties of Washington, Lincoln, Screven, Gordon and Hall. By Mr. DukeA bill to repeal an act prohibiting the sale of liquors at certain named places in the county of Jackson. Also, a bill to repeal an act preventing the sale of liquors within two miles of Harmony Grove Academy, in Jackson county, By Mr. WiseA bill to fix the compensation of jurors in the county of Henry. By Mr. Almon-
A bill to amend an act creating a board of commissioners of Heard county.

MONDAY, JANUARY 15, 1877.

75

By Mr. NorthenA bill to abolish the office of State Printer, and create the office of Superintendent of Public Printing. Also, a bill to prevent joint stock companies, and other corporations, from declaring dividends, when such dividends are not the legitimate earnings of said corporation. By Mr. JordanA bill to amend section 2, 009 of the Code. By Mr. FryA bill to regulate the collection and payment of costs in criminal cases. Also, a bill to amend section 4,388 of the Revised Code. By Mr. Branch-A bill to require and authorize the commissioners of Penfield to levy and collect taxes. By Mr. FryA bill to reduce and regulate the pay of Receivers and Collectors of Taxes in this State, and for other purposes. Also, a bill to preserve the purity of the ballot box in the State of Georgia. Also, a bill to fix the compensation of the Clerk of the Supreme Court, and for other purposes. Also, a bill to fix the compensation of Solicitors General, and for other purposes. Also, a bill to facilitate the collection of debts and enforcement of rights in this State, by certain means therin mentioned.
By Mr. Smith of EcholsA bill to change the county of Echols from the Brunswick to the Southern judicial circuit.
By Mr. RobsonA bill to relieve Gideon L. Mathews, and for other purposes. By Mr. HarrellA bill to authorize the board of commissioners of the

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JouRNAL oF THE HousE.

county of Decatur to issue certain bonds, and provide for the payment of the same.
By Mr. CauseyA bill to regulate the pay of jurors and bailiffs in the county of Crawford. By Mr. ThomasA bill to lay out and organize the new county of Jenkins from the counties of Coweta, Fayette and Meriwether, and for other purposes. By Mr. Adams of ChathamA bill to give the board of commissioners and Mayor of the city of Savannah the authority to enforce the removal of small-pox patients to the hospital, and to make vaccination compulsory. Also, a bill to appropriate one-half of the State taxes to be paid by the county of Chatham for the year 1877 for certain purposes therein named. By Mr. PayneA bill for the relief of John G. Lewister. By Mr. OweubyA bill to regulate the manner of returning lands for taxation in this State. By Mr. HoganA bill to change the line between the counties of Carroll and Douglas. Als0, a bill to abolish the county court of the county of Carroll. By Mr. PhillipsA bill to enable c0unty officers to give security without restriction as to number. By Mr. DeLoach of BullochA bill to consolidate the offices of Receiver and Collector of the county of Bulloch. By Mr. Turner of BrooksA bill to incorporate the Brooks County Manufacturing Association.

MoNDAY, JANUARY 15, 1877.

77

By Mr. Bacon of BibbA bill to incorporate the Middle Georgia Mineral Association. By Mr. Davis of BibbA bill to confer additional authority on the Tax Collector of the county of Bibb, and for other purposes. By Mr. Bacon of BibbA bill to incorporate the Merchants' Bank of the city of Macon.
The Speaker appointed the following committee on the part of the House, under the resolution providing for the appointment of a committee to consider what offices, if any, in this State can be abolished, to-wit: Messrs. James, Hutchins, Haralson, Miller and Wilkes.
By Mr. StokelyA bill to require railroad companies to pay promptly for all stock killed by them. Also, a bill to repeal the act regulating the sale of spirituous liquors in the county of Bartow, so far as it relates to the town of Adairsville, in the county of Bartow.

Under a suspension of the rules, the resolution requesting his Excellency to suspend certain appointments until there could be certain legislation on the subject of a fee bill, was taken up.
Mr. Stokely offered the following substitute, to-wit: Resolved, That a committee of two from the Senate and three from the House be appointed to wait upon his Excellency the Governor, and request him, if not incompatible with the public interest, to defer the appointment of Superior Court Judges, and other State officers; and also to ascertain the views of the Governor upon that and similar subjects; and that said committee report to-morrow morning. On motion of Mr. James. the words ''to-morrow morn ing" were stricken out, and '' Wednesday morning" in-

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JouRNAL OF THE HousE.

serted. The resolution, as amended, was then agreed to.

On motion of Mr. Pilcher, the House then adjourned to 10 o'clock to morrow morning.

ATLANTA, GEORGIA,
Tuesday, January 16, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chap~ lain, Rev. John Jones.
The roll was called, and a quorum found to be present.
The Journal of yesterday was read and approved.
Mr. Candler of Hall moved to take from the table a Senate resolution bringing on the election of State House officers and Public Printer.
The motion prevailed. Mr. Candler moved to amend by inserting Tuesday, 16th. Adopted. Mr. Hall also proposed to amend so as to make the resolution read : "for the election of a Public Printer to fill the unexpired term of Col. R. A. Alston, Public Printer. ' Adopted. The resolution, as amended, was then concurred in.
Mr. Black, from the committee to wait on his Excellency Gov. Smith to inquire into the election of Public Printer, submitted the following report, to wit :
Mr. Speaker: The committee appointed to consider that portion of the

TUESDAY, JANUARY 16, 1877.

79

Message of Governor James M. Smith, relating to the

election of State Printer, to fill the unexpired term in said

office, as reported to exist, and also to report to the Gen-

eral Assembly in what manner, under the constitution and

laws of the State said vacancy is properly to be filled, beg

leave to report, that the appointment of Mr. Henry G.

Wright, to fill the vacancy occasioned by the resignation of

Mr. Robert A. Alston, expired with the present session of

the General Assembly, and that in their opinion the proper

manner of filling said vacancy, under the constitution, as

construed by the Supreme Court, and the laws of the State,

is by an election by the present General Assembly, and

the printer so elected to enter at once upon the discharge

of the duties of the office.

(Signed)

JAMES C. C. BLACK,

Chairman Committee.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker: The Senate has concurred in the amendments to a resol-
ution of the Senate, providing for the election of State officers.

The regular order being the reading of House bills the second time, was then taken up.

The following bills were read the second time, and referred to the Committee on Agriculture, to-wit:
By Mr. StricklandA bill to prevent seining in the Suwannoochee and Tom's creeks, in the counties of Clinch and Echols.

A bill by Mr. Smith of Tatnall was read the second time and o1dered engrossed, to-wit:
A bill to repeal an act creating a board of county commissioners for the county of Tatnall.

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JouRNAL oF THE HousE.

The following bills were also read the second time and referred to the Committee on Public Printing, to-wit:
By Mr. Davis of HoustonA bill to change the mode of electing State Printer, and to provide for letting out the same to the lowest bidder.
The following bills were read the second time and referred to the Committee on Banks, to-wit:
By Mr. ReeceA bill to amend the act incorporating the Bank of Rome.
The following bills were also read the second time and referred to the Committee on Finance, to-wit:
By Mr. JamesA bill to authorize the Governor to issue bonds to take up the bonds of the Macon and Brunswick railroad. Also, a bill to authorize the Governor to issue bonds to pay falling due bonds, and floating debts ot all kinds. Also, a bill to authorize the Treasurer to pay interest now due on the bonds of the North and South and Memphis railroads. By Mr. WhittleA bill to forbid executors, guardians and other tntstees from investing in any other than the securities of the State of Georgia. By Mr. Strickland-A bill to fix the per diem and mileage of the members of the General Assembly. By Mr. PickettA bill to amend the act to loan the credit of the State to the Marietta, Canton and Ellijay Railroad. By Mr. Davis of HoustonA bill to abolish the office of Principal Keeper of the Penitentiary, ar.d to require the Secretary of State to perform the duties of that office. By Mr. BloodworthA bill to fix the compensation of members of the General Assembly, and for other purposes.

TUESDAY, }ANUARY 16, 1877.

81

By Mr. Brown of UpsonA bill to fix the fees of the County Tre,.asurer, and the per diem of jurors and bailiffs in the county of Upson. By Mr. KendrickA bill to fix the compensation of jurors and bailiffs in the county of \Vcbster. By Mr. KimseyA bill to regulate the pay of jurors in the county of Towns.
The following bills were read the second time, and referred to the Committee on Education, to-wit:
By Mr. DuggarA bill to abolish the offices of county school commissioner and board of education in the counties of Fannin and Pickens. By Mr. McDonaldA bill to change the public school system in the counties of Ware, Echols and Clinch. By Mr. Kimsey- A bill to establish an academy of learning 111 the town of Hiawassa, in the county of Towns.

The following bills were read the second time, and referred to the Committee on Corporations:
By Mr. ReeceA bill to incorporate the Oostanaula and Coosawatchie Steamboat Company. By Mr. PhillipsA bill to incorporate the Kennesaw Mills Company. By Mr. Har:-~llA bill to amend the charter of Bainbridge. By Mr. Penn-
A bill to incorporate Trion Manufacturing Company. By Mr. CloudA bill to amend the several acts incorporating the town of Jonesboro.
6

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JouR~AL OF THE HousE.

By Mr. StokelyA bill to incorporate \Vofford Academy. By Mr. Reid of MorganA bill to ,provide for the registration of voters in the city of Madison. .by Mr. ShawA bill to amend the act incoporating the Northwestern Railroad Company.

The following bill was read the second time, and re ferred to to the Committee on New Counties, to-wit;
By Mr. FairclothA bill to change the line between the counties of \Viicox and Pulaski.
The following bills were read the second time and referred to the Judiciary Committee:
By Mr. Cox of TroupA bill to incorporate the Independent Free School m the city of \Vest Point. By Mr. WhittleA bill to authorize certain parties to construct a boom across the Ocmulgee river at or near the city of Macon. By Mr. l\iillerA bill to require the Tax Collector of Fulton county to make more frequent settlements with the Comptroller General. ~]so, a bill to alter the law in reference to the lien of judgments in this State. Also, a bill to change the law in reference to the lien of mortgage, in this Sate. By Mr. StokelyA bill to enforce the doctrine of retrenchment and reform in thisState. By Mr. CloudA bill to abolish the County Court in the county of Clayton.

TUESDAY, jANUARY 16, 1877.

S3

By Mr. Roberson of ApplingA bill to repeal an act consolidating the offices of Receiver and Tax Collector in the county of Appling. By Mr. StokelyA bill to reduce the number of jurors in the county of Bartow. By Mr. BrewerA bill to regulate the issuing of liquor licenses in the county of Effingham. By Mr. CandlerA bill to provide for the holding of a constitutional convention. By l\1r. Jordan of HancockA bill to amend section 4,414 of the Code.. By Mr. DukeA bill to abolish t~e County Court in the county of Jackson. By Mr. BloodworthA bill to amend section 2, 918 of the Code. By.Mr. Matthews of PikeA bill \o consolidate the offices of Tax Receiver and Collector for tile county of Pike. By Mr. HoodA bill to amend section 4, 370 of the Code. Also, a bill to add an additional section to the Penal Code of Georgia. By Mr. Davis of StewartA bill to fix the fees of the jailer of Stewart county. By J\Ir. l'vhtthews of TalbotA bill to change the punishment for the crime of arson in the country. By Mr. Brown of UpsonA bill to establish a board of commissioners of roatls and revenues in the county of Upson By Mr. McDonaldA bill to limit the power of the Ordinary and grand jury of the county of \Vare, in levying taxes.

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JouRNAL OF THE HousE.

Also, a bill to regulate the fees of jurors in the county of \Vare.
By Mr. KendrickA bill to reduce the sheriff's bond in the county of Webster. By Mr. SimmsA bill to abolish the County Court of the county of Newton. By Mr. Richardson-A bill to fix the number and per diem of grand and tra- verse jurors in the county of Whitfield. By Mr. PilcherA bill to create a board of commissioners of roads, b;Jildings and revenues for the counties of\Varren and Taliaferro. By Mr. Cox of TroupA bill to render females eligible to the office of State Librarian. By Mr. HammondA bill to amend the act for the protection of partridges, turkeys, deer, etc., in the counties of Lowndes, Thomas and Putnam. Also, a bill to amend the act creating a board of commissioners of roads and revenues in the counties of Thomas, Camden and Echols, so far as the same relates to the county of Thomas. By Mr. Stewart of SpaldingA bill to amend the constitution of the State. Also, a bill to require parties obtaining judgments in Justices' Courts to enter them upon the execution docket of the Superior Court, and for other purposes. By l\Ir. WallA bill t0 abolish the County Criminal Court of the county of Schley.

The following bills were also read the second time and referred to the Committee of the Whole:

TuESDAY, JANUARY 16, 1877.

85

'

By l\Ir. Fry-

A bill to regulate the salaries of t:ertain officers therein

mentioned, and to fix the per diem and mileage of officers

and members of the General Assembly.

By Mr. Brewer-

A bill to regulate the pay of jurors and county officers

in the county of Effingham.

By Mr. Bloodworth-

A bill to change the time of closing the polls at the

several election precincts in this State.

At twelve o'clock ~L the Senate attended in the hall of the House, and the General Assembly was called to order by Hon. Rufus E. Lester, Pre'>ident of the Senate.

An election was then gone into for Secretary of State, and, upon taking the vote vzva voce, it appeared that Mr. N.C. Barnett had received 126 votes, Mr. \V. T. Newman 31 votes, and Mr. \V. H. \Veems 32 votes. Mr. Barnett having received a majority of all the votes cast, was declared elected.

An election was then had for State Treasurer, and, upon
taking the vote viva voce, it appeared that Mr. J. \N. Ren-
froe l!ad received 208, the whole number of votes cast, the same bein~ a majority, and was declared elected.
The ele'ction of Comptroller General was then gone into,
and, upon taking the vote viva voce, it appeared that Hon. W. L. Goldsmith had received 19"8 votes, Colonel Peterson Thweatt 10 votes, and Mr. B. \V. Frobell 2 votes; and, he having received a majority of all the votes cast, Hon. \V. L. Goldsmith was declared elected.

An election was then gone into for Public Printer to fill the unexpired term of R. A. Alston, late Public Printer, and, upon taking the vote viva voce, it appeared that Mr.

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JOURNAL OF THE HoUSE.

James P. Harrison had received 135 votes, and Mr. H. G. \Vright 74 votes. Mr. Harrison having received a majority of all the votes cast, was declared elected.

On motion, the Senate then retired.

Mr. Hood of Randolph moved to suspend the rules to allow him to introduce a resolution, which motion prevailed, and the resolution was read as follows, and referred to the Committee on the State of the Republic:
\VHEREAS, it is wise and proper that a people of a re publican government shall give free and unreserved expression to thepopular w'll, as ascertained through their chosen representatives upon all matters of public concern ; and
\Vhereas, one hundred aPd eig~ty-four electoral votes, clear and unquestioned, have been cast for one candidate for the Preside,Jcy and one candidate for the Vice-Presidency, and to other candidates for the same offices one hundred and sixty-five votes have been undoubtedly given; and
\Vhereas, nineteen votes, from the States of Florida, Louisiana and South Carolina, as also, one of three of Oregon, are disputed, and two sets of returns have been sent to the President of the Senate, to await the action of the two Houses of Congress, whose constitutional duty it is to verify, ascertain and count said votes; and
vVhereas, in a situation involving such momentous results, all the baser as well as the better forms of sbciety are naturally embattled to secure the prize, and it is in such a crisis that cardinal principles are liable to be weakened, dangerous concessions made, perilous precedents established, sacred traditions violated, as well as important bulworks of constitutional freedom destroyed; and
Whereas, the constitutional and legal rights of the people of Florida, Louisiana and South Carolina have been invaded by the Chief Magistrate of this Republic, without warrant or authority vested in him so to do ; and
Whereas, it is almost formally announced that the Con-

TUESDAY, JANUARY 16, 1877.

87

stitution and the rights of each of the States are to be again violated by the usurpation of power by the President pro tempore of the Senate, in determining what votes shall be counted and what votes shall not be counted, and to exercise that power which clearly devoles upon the two Houses of Congress ; and
Whereas, nothing could be more abhorcnt to the spirit of our system of government, than such exercise of usurped power by one man, and that man being three removes from the pe0ple, and without direct responsibility to them ; and
Whereas, the Constitution of the United States confers upon the President of the Senate no duty, and gives no right whatever, in respect to the counting of the electoral votes, further than that ' in the presence of the Senate and House be shall opm the certificates,'' giving no power to pass upon the authority or validity of an electoral vote, or in any wise to interfere with such questions, and such claim of power was never befcre set up by the Presidents of the Senate, but the mode has been uniformly regulated by the two Houses of Congress, which have assumed and exercised power from the beginning of the government to the present time, to act and determine these questions ;
Be it therefore resolved, That in the opinion of this General Assembly the people of the United States ought never to consent to have their Representatives in Congress stripped of these powers, or tolerate this usurpation by a deputy of the Senate, or by any single person, and still less by an officer who is frequently interested as a candidate in the result of the count.
Be it resohcd, That whilst the late relations between Georgia and a majority of the American States make it unbecoming in her to suggest to her political sisters any course of action in these grave matters, she does feel that a declaration of her devotion to the constitution and the ancient usages of the fathers is not surpassed by any of these sister sovereignties, and that she stands prepared to

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JouRNAL OF THE HousE.

maintain the existence and just authorities of the Union, and can never consent that the time-consecrated methods of constitutional government shall be supplanted or over. thrown by revolutionary expedients.
Resolved further, That. we stand in immovable sympathy with the elected exponent of constitutional liberty, retrenchment and reform. \Ve will adhere to him and his co laborers with the fidelity due to the champion of a righteous cause in every patriotic endeavor they may make to secure the honest and unmistakable will of the large majority of the American people constitutionally expressed at the polls.
And be it furtlze<resolued, That we de~ire to tender in this solemn form to the patriotic 1;itizens of the Northern and 'vV estern States who stand firmly by our republican form of government, assurances of our fixed determination, be the responsibilities what they may, to stand by them in any and all constitutional actions that may be neces:;ary to protect our rights and licerties, and in all efforts which they may deem expedient to make to maintain the purity of the ballot-box and to require a fair and honest count of the votes for President and Vice President of the U nitcd States, and to enforce in such manner as may be necessary the inauguration of the candidates who have been fairly and legally elected.
Be it furtlzer resolved, That the Governor of this State be requested to forward copies of these resolutions to the presiding officers of the Senate and House of Representatives of the Congress of the United States, with the request that they be laid before their respective bodies, as also to each of our Senators and Representatives in Con. gress.
Mr. Whittle of Bibb introduced the following resolution, to-wit:
A resolutionThat, the Senate concurring, the committees of the Seu-

WEDNESDAY, jANUARY 17, 1877.

89

ate and of the House on the State of the Republic, hold their sittings as a joint committee.
Agreed to.

On motion. the House adjourned to 10 o'clock to-morrow morning.

ATLANTA, GEORGIA,
vVednesrlay, January 17, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. Mr. Cloud.
The roll call was, on motion, dispensed with.
The Journal of yesterday was read and approved.
Mr. Cochran offered the following resolution, to-wit : A resolutionThat no bills be printed, except upon the rec0mmendation of the committee to whom the bills may be referred, which was referred to the Committee on Rules.
Mr. vVhittle offered the following resolution, to-wit : A resolutioi1That 300 copies each of the reports of the Attorney General, of the Secretary of State, Trustees of the Academy for the Blind, and of the Directors of the Macon and Brunswick Railroad, be printed for the use of the House. Agreed to.
Mr. Peek of Rockdale offered the following resolution, to-wit:
A resolution-

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JouRNAL OF THE HousE.

That the State Librarian be requested to furnish each member with a copy of the Code.
Agreed to.

Mr. James offered the following resolution, to-wit: A resolutionThat Dr. J- P. Hall and Rev. H. C. Hornady be invited, to seats on the floor. Agreed to_

By Mr_ Roberson of ApplingA resolutionThat Col. J- L Carter be invited to a seat on the floor. Agreed to.

Leave of absence was granted to Mr. Paul.

Mr_ Whittle offered the following resolution, to-wit: A resolutionTo provide for repairing the Executive mansion, and the furniture thereof. Agreed to.

Mr. Stewart, from the Committee on the Judiciary, submitted the following- report, to-wit:
Your committee have had under consideration the following bills, and beg leave to submit the following report :
A bill to be entitled an act to repeai an act consolidating the offices of Tax Collector and Receiver. so far as the same relates to the county of Appling, and recommend that .the same do pass.
Also, a bill entitled an act to repeal an act establishing a y Court for Clayton county, and disposing of the
business of the same, and recommend that the same do pass_
Also, a bill to be entitled an act to reduce and distribute

WEDNESDAY, JANUARY 17, 1877.

91

the grand jurors, and recommend that the same do not pass.
Also, a bill entitled an act to require the Tax Collector of Fulton county to make more frequent settlements with the Comptroller General of the State and the Ordinary of Fulton county, than is now required by law, and to fix his bond, and for other purposes.
Your committee offer an amendment to the same, and recommend that said bill, as amended, do pass.
J. D. STEWART,
Chairman.

Mr. Stewart offered the followmg resolution, towit: A resolutionThat a clerk be furnished the Judiciary Committee, his pay not to exceed five dollars per day, without mileage. Agreed to.

Mr. Jories of McDuffie offered the following resolution, to-wit:
A resolutionThat no new matter shall be introduced after the 2d of February, except upon a two-thirds vote of the House. On motion the resolution was laid on the table.

Upon the call of counties for the introduction of new matter, the following bills were introduced and read the first timf', to-wit:
By Mr. RobersonA bill to prevent the sale of intoxicating liquors within three miles of Consolation Church in Appling county.
Also, a bill to appropriate $ L, 500 of the county taxes to
build a new court house in the county of Appling. By Mr. GreenA bill to incorporate the Milledgeville Manufacturing
Company, and for other purposes. By Mr. Tumlin-

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JOURNAL OF THE HoUSE,

A bill to repeal an act fixing the fees of the sheriff of Bartow county.
Also, a bill to amend the the charter of the city of Cartersville.
By Mr. KirbyA bill to fix the fees of jurors and bailiffs in the county of Berrien.

By Mr. WhittleA resolutiOl~To authorize the Governor to purchase 200 copies of a digest prepared by N. E. Harris of l\Iacon. Referred to the Judiciary Committee.

By" Mr. PerkinsA bill to provide for the election of Treasurer of the county of Burke. By Mr. l\IalletteA bill to amend an act providing for a board of commissioners for Camden county. Also, a bill to allow John Sheffield to peddle without license. By Mr. LangA bill to consolidate certain county offices in the county of Charlton.

Leave of absence was granted Mr. Phillips.

By Mr. WooldridgeA bill to fix the pay of jurors in the county of Chattahoochee. By Mr. KennonA bill to allow the county of Clay to retain $2,000 of the State tax for certain purposes. By Mr. CloudA bill to change the lines between the counties of Clayton and Henry.

WEDNESDAY, JANUARY 17, 1877.

93

By Mr. WilliamsA bill to reduce the sheriff's bond in the county of Columbia. Also, a bill to prevent the sale of liquors near Berzelia station, on the Georgia Railroad.
By Mr. CauseyA bill to regulate the fed of clerk and sheriff of the county of Crawford. By Mr. OwenbyA uill to regulate the manner and places of voting. Also, a bill to require Tax C0llectors to turn over claims to the Ordinary. By Mr. HarrellA bill to regulate the pay of jurors in the county of Decatur. Also, a bill to repeal section 346 of the Code. By Nlr. Case of DadeA bill to repeal an act to encourage cotton and wool manufacture in this State. By Mr. StricklandA bill to reduce the sheriff's bond of Clinch county. Also, a bill to prevent fire-hunting in the county of Clinch.
By Mr. RagsdaleA bill to amend an act establishing a County Court in the counties of DeKalb, Henry, Carroll, and Sumpter. By Mr. MobleyA bill to allow La\\ SOn F. Colyer to sell drugs without license. By Mr. BowenA bill to repeal an act extending the jurisdistion of Justice~ of the Peace in the county of Wilcox. By Mr. BrewerA bill to repeal an act organizing a county criminal court in the county of Effingham, and for other pttrposes.

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JoUR~AL oF THE HousE.

By Mr. ReeseA resolutionTo appoint a committee to report on a manuscript index of Supreme Court reports prepared by Wm. D. Elim.

By Mr. HillyerA bill to provide for the sale of mortgaged property, and for other puposes. Also, a bill to authorize the transfer of certain cases from the Superior Court of Fulton county to the City Court of Atlanta. By Mr. FryA bill to alter and amend the Constitution of the State of Georgia, and for other pmposes.

The following message was received from the Senate, through Mr. Harris, the Secretary the~eof:
Mr. Speaker:
The Senate has concurred in the following resolutions of the House of Representatives, to.wit:
A resolutionProviding that the \committees of the General Assembly on the State of the Republic be made a joint committee.
ALo, a resolution appointing a committee to examine the premises and property of the Exl'!cutive mansion, and upon the part of the Senate have appointed Messrs. Furman and Bulloch.

By Mr. JamesA bill to provide for the reinvesting of the funds arising from sales of certain railroads whose bondsare endorsed by the State. Also, a resolutionPreventing the further redemption at "ar by the State Treasurer of the change bills of the "vVestern and Atlantic Railroad.

WEDNESDAY, JANUARY 17, 1877.

95

By Mr. BranchA bill to consolidate the offices of Tax Receiver and Sheriff in the county of Greene. Also, a bill to amend the act creating a board of com mi~sioners for the county of Greene. By Mr. Gresham-A bill to reduce the compensation of the co1nty treasurer of the county of Greene. By Mr. Hutchins-A bill to create a new judicial circuit, to be known as the Apa~achee Circuit. By Mr. Grant-A bill to repeal the act establishing a board of commissioners in the county of H,abersham. By Mr. CandlerA bill to_ repeal all laws incorporating the city of Gainesville, and for other purposes. Also, a bill to establish a City Court in the city of Gainesville. By Mr. Stanford of HarrisA bill to amend section 4, 05 7 of the Code. Also, to amend section 2,0-10 of the Code. Also, a bill to amend section 4, 911 of the Code. By Mr. DozierA bill to amend the homestead laws of this State. Also, a bill to sec::re costs to Justices of the Peace and constables. By Mr. RawlinsA bill to abolish the offices of State and County School Commissioner in this State, and for other purposes. Also, a bill to make sheriff's titles, under certain circumstances valid. Also, a bill to fix the pay of grand and traverse jurors in the county of Dodge.
By Mr. Sikes-
A bill for the relief of Felder Jackson and Green Jackson.

96

JOGRNAL OF THE HoUSE.

By 1\Ir. Davis of HoustonA bill to provide for the more equable payment of Tax Receivers and Collectors in this State. By l\Ir. Miller of HoustonA bill to amend section 3, 545 of the Code. Also, a bill to ame:1d section 3,583 of the Code. Also, a bill to amend section 3, 7-10 of the Code. By Mr. FletcherA bill to change the lines between the counties of Irwin and Berrien. By Mr. KeyA bill to secure the rights of parties to be heard on the issue provided for in section 4, 083 of the Code. Also, a bill to reduce the number of jurors in Jasper county, and for other purposes. Also, a bill to amend section 4, 325 of the Code, Also, a bill to amend certain acts for the propagation of fish in the waters of this State. By Mr. FortnerA bill to change the lines between the counties of \Vashington and Johnson. By Mr. GloverA bill to repeal an act changing the lines between the counties of Jones and Bibb. By Mr. BrownA bill to repeal an act creating a board of commissioners for the county of Fayette. By Mr. FrederickA bill to make uniform the charges for the inspection of guanos. By Mr. AtwoodA bill to provide the manner of appointing commissioners for the county of Mcintosh. Also a bill to authorize the ex officio mayor of the city
of Darien to exercise certain judicial functions. By Mr. Taylor-

\VEDNESDAY, }ANUARY 17, 1877.

97

A bill to incorporate the town of Rocky Mount m the county of Meriwether.

By Mr. RoperA resolutionThat the Speaker appoint a committee of six from the House to act in concert with a committee on the part of the Senate, to draft and report a bill for the purpose of reducing the number of members of the General Assem bly of the State of Georgia, said bill to take effect so soon as appropriate legislation may be had necessary to a new apportionment thereof.

By Mr. SheffieldA bill to change the time of holding the Superior Court in the county of Miller. By Mr. Stewart of MiltonA bill to fix the fees of Tax Receiver and Collector of the county of Milton. By Mr. WooldridgeA bill to require the voters of Chattahoochee county to vote in the militia districts. By Mr. Hogan of MonroeA bill for the relief of H. Y. Gibsob. By Mr. BloodworhA bill to prohibit the sale of liquors within two miles of the Union Church in the county of Monroe. Also, a bill to define the fees of Justices of the Peace and constables in this State. By Mr. HillyerA bill to authorize judgments at first term, in certain cases, and for other purposes. By Mr. MurrayA bill to enable the county treasurer of the county of Oconee to pay out certain moneys. By Mr. Matthews of Pike-
7

98

JouRNAL oF THE HousE.

A bill to amend an act prohibiting the sale of liquors in the town of Milner.
Abo, a bill to incorporate the Barnesville High School, and for other purposes.
Also, a bill to change the time of holding the Superior Court, in the counties of Rockdale and Pike.
By Mr. Jordan- A bill to relieve Julius A. Bagby. By l\fr. DozierA bill to amend section 898 of the Code. By Mr. JohnsonA bill to amend section 4,814 of the Code, so far as the same relates to the county of Richmond. Also, a bill to amend section 4, 560 of the Code. By Mr. BlackA biil to amend section 2, 617 of the Code. Also, a bill to amend section 4, 272 of the Code. Also a bill to amend an act incorporating the trustees of the Masonic Hall in the city of Augusta. By Mr. PeekA bill to reduce the compensation of the officers and members uf the General Assembly. By Mr. Matthew~ of TalbotA bill to amend the several acts providing a board of commissioners for the county of Talbot. Also, a bill to provide for claims in cases uf distress warrants. By Mr. MooreA bill to change the lines between the counties of Taliaferro and Greene. By Mr. Stewart of TaylorA bill to repeal the act creating the State Board of Health. Also, a bill to repeal the act providing for the publication of agricultural statistics. By Mr. Marshall-

'WEDNESDAY, JANUARY 17, 1877.

99

A bill to amend the Constitution of the State of Georgia.
By Mr. HammondA bill to amend section 1, 57-1 of the Code. By Mr. BurchA bill to amend the 296th section of the Code, so far as the same applies to the county of Thomas. BY. Mr. AwtryA bill to abolish the County Court of the county of Troup. By Mr. HarralsonA bill to allow Andrew King and John Anderson topeddle without license.

Leave of absence granted to Mr. Reece.

By Mr. HarralsonA bill to amenci the act incorporating the Union and Habersham Turnpike Company. By Mr. McDonaldA bill to exempt from taxation home-made, household and kitchen furniture. Also, a bill to exempt widows and orphans of deceased soldiers, and wounded and disabled soldiers, from taxation to the amount of $500. Al<>o, a resolutionThat the Committee on the Judiciary be requested to take into consideration the several acts or laws in this State relative to the selling, giving and furnishing spirituous liquors on election days, and report thereon by bill or otherwise what legislation, if any, is necessary, to prevent the selling, giving or furnishing spirituous liquors on election days. By Mr. PeacockA bill to fix the pay of jurors in the county of Washington.

100

JOURNAL OF THE HOUSE.

By Mr. Knox-
A bill to amend section 1, 270 of the Code, so far as the
same relates to the counties of \Vayne and Charlton. By Mr. KendrickA bill to abolish the County Court of the county of
Webster. By Mr. RichardsonA bill to p;;ty teachers of the common schools in the
county of Whitfield. Also, a bill to consolidate the offices of Superintendent
of Public Works and Secretary of State. By Mr. ColleyA bill to change the oath of grand jurors, and for other
purposes. By Mr. HughesA bill to reduce the sheriff's bond in the county of Wil-
kinson.

On motion, the House then adjourned to 10 o'clock tomorrow morning.

ATLANTA, GEORGIA,
Thursday, January 18, 1877.
The H ')USe met pursuant to adjournment, was called to onkr by the Speaker, and opened with prayer by the Chaplain, Rev. John Jones.
The :Journal of yesterday was read and approved.
Mr. Stewart of Taylor moved to reconsider the resolution of yesterday, providing for a clerk for the Judiciary Comm1ttee.
The previous question was called, and the motion to reconsider did not prevail.

THURSDAY, JANUARY 18, 1877.

101

Mr. Northen offered the following resolution, to-wit: Resolved, That the action of the Finance Committee, in dispensing with the services of a clerk, be earnestly commended to the other standing committees of the House, which was agreed to.

Mr. Moses, chairman of the committee to investigate the affairs of the Comptroller's office, submitted the following minority report, to wit:
The undersigned chairman of the committee of three appointed under a resolution of the House to examine into certai!1 charges publicly made against the Comptroller General, which required imestigation, and requiring the committee to report upon the facts connected with said transactions, met on the 12th inst., and had the evidence connected therewith taken down in writing, to be submitted to the House of Representatives, to be by it considered in connection with the report of the committee.
After closing the evidence, the committee had a conference, and being unable to agree, the undersigned proposed an adjournment until his return from Savannah, that the committee might have a further conference, to which his colleagues refused to assent, and during his absence have made their report, in which they say, in substance, ' That the Tax Collector of Fulton county was not in default, that the Comptroller has not abused the discretion given by law, and that they approve his action ; that the State has been benefitted, and the investigation has shown him to be a fa.ithful and efficient officer:" which report has been adopted by the House, and with which report it would have afforded the undersigned great plea~ure to concur; but, with his conceptions of the duty of the Comptroller General, under the facts presented in evidence, he regrets to say that, in his opinion, the conduct of the Comptroller General in his supervision of and dealings with the Tax Collector of Fulton county was unwise,

102

JouRNAL oF THE HousE.

entirely beyond the powers of the Comptroller General, and that but for the fact that such extreme indulgence as was given to the Tax Collector of Fulton county was exceptional and not general, it would have resulted in the inability of the State to meet its current expenses and annually accruing interest on its bonds.
From the books of original entry exhibited to the committee by the Copmtroller for taxes of the year 1871, it appeared that the charge that the Tax Collector of Fulton county was in arrears and had paid a default of $13,500 in Obtober, 1873, was utterly untrtte, and that said amount was paid in October, 1872, to the Comptroller's predecessor; but the facts as they really existed were shown the next day by the evidence of Peterson Thweatt, who produced the original voucher in the Comptroller's office, and these vouchers showed conclusively that the sutn of $1:3,500 was paid in October, 1873, and the charge was true in substance, and the Collector was only not technically a defaulter because the Comptroller had not issued execution against him.
The facts further showed that in October, 1873, the Tax Collector stood chargeable with over $19,000, taxes 1872, which was afterwards settled by a cash payment of $6,000, an allowance in October, 1874, of insolvent list, commissions, etc., and a final payment ;n January, 1875, of over $2,000.
It further appeared that, while the taxes for 1871 and 1872 were still unsettled, the taxes for 1873 should have been in the course of collection, and not a dollar yet paid in; so that, under this management, and the failure to make the Tax ~ollector a technical defaulter for his arrearages of 1871 and 1872, the Tax Collector was enabled, if he chose to do so, to use the taxes of 1873 to pay his arrearages of 18il and 1872, allowing arrearages to occur not contemplated by the State in assessing the amount of the Tax Collector's bond. I state, in justice to the Tax Collector,

THURSDAY, JANUAP.Y 18, 1877.

103

that he denies under oath ever using a dollar of the public money for his own benefit, or that of any of his fl'iends; but he admits that he sometimes accumulated in his hands $30,000 or $40,000 of State, county and his individual funds, all mixed together, and kept in a common account in his own name, and that, when his conduct as Tax Collector was brought before the grand jury of Fulton county, in the spring of 1874, he had nearly $:20,000 in bank, which he paid over, and settled the entire taxes of 1873 by the middle of the summer of 1874, except a small amount afterwards collected and paid, and that this fund had accumulated at the very time that the Comptroller was indulging him because of the panic. This management, on the part of the Comptroller, if divested of all imputation of moral wrong, or suspicion of improper motive, is, in :ny opinion, unwise and impolitic.
The other charge made against the Comptroiler, that, while the Tax Collector's accounts were in this unsatisfactory condition, the Comptroller borrowed money from the Tax Collector to the amount of $4,000, or other luge sum, is also sustained, except in amount.
The facts proven being that, in September, 1873, the Comptroller borrowed $2,000 from the Tax Collector and retained it several months.
The Tax Collector is satisfied, and so states in his evtrence, that this $2,000 was his private funds. I do not think the evidence sustains him in this particular, but that it rather shows that it was public money ; but as he kept State and county and individu'l.l m( ney all in his own name, and gave to the Comptroller his incliviJual check for the same, there is no evidence which tends to show that the Comptroller knew that this was public money, but he must have known that the Collector's accounts were not in a satisfactory condition, and it is the opinion of the undersigned that it was censurable in him to borrow money from a

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JouRNAL OF Tl-IE HousE.

subordinate officer, whose fiscal account it was his duty

to scrutinize, examine and press to settlement.

The undersigned further diffets from the majority report

in the opinion that, as the law now exi'>ts. the Comptroller,

under the circumstances connected with this case, had

power to withold execution against Tax Collectors, as he

has dune in this case, and it is his opinion that, if by the exist-

law, such unlimited discretion does exist, that it is a proper

subject for revisory legislation. Respectfully submitted.

R. J. MOSES.

The Committee on Rules offered the following report, to-wit:
DL"TIES OF THE SPEAKER.
1. The Speaker shall, in his discretion, suspend irrelevant debate, and command silence, whenever he may deem it needful.
2. In all cases of election by the House. the Speaker shall vote. In other cases he shall not vote unless the House shall be equally divided, or unless his vote, if given to the minority will make the division equal, and in case of such equal division, the question shall be lost.
3. \Vhen two or more members shall rise at the same time, the Speaker shall name the person entitled to proceed.
3. All committees shall be appointed by the Speaker, unless otherwise ordered by the House.
5. The method of stating a question, or any motion, by the Speaker, after the same has been read by the Clerk, shall be as follows: "All you who are in favor of the motion will say aye; all you who are against it say no." And when a decision may seem doubtful to the Speaker, or a division is demanded by any member of the House the Speaker shall call upon the members iQ. favor of the motion to rise, and after a count is had by the Clerk, he

THURSDAY, JANUARY 18, 1877.

105

shall call upon the members to reverse their position, and the Speaker shall announce the result.
OX DECORUM AND DEBATE.
1. \Vhen any member is about to speak in debate, or deliver any matter to the House, he shall rise from his seat and respectfully address himself to '' l\Ir. Speaker." He shaH be confined to the matter in debate, shall not speak more than twice on any subject, or more than once until every member choosing to speak shall have spoken. If any member, in speaking or otherwise, transgress the Rules of the House, 1he Speaker shall or may call to order--in which case the member so called to order shall immediately sit down, unless permitted to explain. The House shall, if appealed to, decide, and if the decision of the House be not submitted to, the delinquent. for the first offense, shall be reproved; for the second, fined in a sum not exceeding ten dollars, and, continuing refractory, may be expelled from the House.
2. The members of the House shall forbear from private conversation, and preserve silence until a speaking member .shall have taken his seat, nor shall the language be perverted by which his thoughts are communicated.
3. The members shall avoid naming each other when they may have occasion to take notice of their observations, but may designate them by the place in which they may be, or the county they represent.
4. No member shall be permitted to vote on any claim he may prefer against the State.
5. No member shall pass between the Chair and a member while he is speaking, nor shall any. at the time of adjournment, leave his seat until the Speaker retires.
6. In all elections, except for committees, a mJ.jority of the members present shall be necessary to a choice.
7. Any member may call for a division of the question on a subject in which the sense thereof will admit of it.
8. The previous question, viz; "Shall the main ques-

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JouRNAL OF THE HousE.

tion be now put?" shall only be admitted when demanded by a majority of the members present, and on the previous question there shall be no debate.
9. The motion for the previous question shall take precedence of all other m0tions, except a motion ~o postpone indefinitely, or to lay on the table ; and, when it is moved, the first question shall be : " Shall the motion for the previous question be sustained?" If decided in the affirmative, the House shall then proceed to act on the main question ; but before the main question is put, twenty minutes shall be allowed to the committee to close the debate. Where the report of the committee is adverse to the passage of the bill, the introducer of the bill shall be allowed twenty minutes before the time allowed by the committee for closing the debate. The committee, or the introducer of the bill, may yield the floor to such persons as they may indicate for the time allowed them under this rule.
10. \Vhen a subject is before the House for consideration, no motion shall be received but to adjourn, to lay on the table, to postpone indefini(ely, to postpone to a day certain, to commit, or to amend, which several motions shall have precedence in the order they stand hne arranged. No motion for adjournment shall be debatable, and the motion for adjournment the second time shall be out of order, until the question before the House is first disposed of.
11. No member shall smoke in the House, nor shall he converse with any one over the bar thereof.
12. All resolutions and all motions to amend any matter before the House shall be in writing; and the yeas and nays, on any quection, shall, at the desire of one-fifth of the members present, be entered on the Journal, and the Clerk shall also enter on the Journal the names of those members not voting.
13. \Vhen a message shall be sent to the House of Representatives, it shall be announced at the door of the

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House by the doorkeeper, and be respectfully communicated to the chair by the person by whom it may be sent.
14. It shall be the order of the day on every \Vednesday, to take up and decide on reports of committees on petitions, and that all petitions be numbered as they are received, and taken up and disposed of in the order they were received, unless otherwise ordered by a majority of the House.
15. Any motion containing new matter shall lie at least one day on the table ; nor shall any bill, ordinance, resolution or other matter, in any shape, whether origiml in the House, or transmitted from the Senate, be brought before the House a second time, during the same session, after a determination has been had thereof, except by a vote of two-third., of the members present.
16. When the Journal of the preceding day shall be read, it shall be in the power of any member to move for a reconsideration of any matter therein contained, except such matter has been reconsidered : Provided, such member shall notify the House of his intention to move such reconsideration at any time before the Journal is confirmed. But in cases where the life of an individual is concerned, or when he is in prison for life, there may be two reconsiderations.
17. After a motion is stated by the Speaker, or read by the Clerk, it shall be deemed to be in possession of the House, but may be withdrawn at any time before the decision or amendment, on consent of the House.
18. Any member may enter a protest against any proceeding of the House on passing any act.
ON BILLS,
1. It shall be in order to introduce bills, or other matter, upon the call of the counties, without any previous notice

108

JOURNAL OF THE HOUSE.

having been given for that purpose; and the g1vmg of notice for the appointment of committees to prepare and report bills shall be dispensed with.
2. No debate shall be admitted upon any bill at the first reading, and the question shall be : ''Shall this bill be committed or engrossed?" In case of engrossment, the entry thereof shall be made by the Clerk, and the bill shall not be amendable thereafter, unless subsequently committed. In case of commitment, it shall be to a Committee of the 'Whole House, unless the House shall otherwise direct, and bills committed to the \Vhole House, shall be considered in Committee of the Whole House. In cases where the report of a committee is favorable to the passage of a bill, the same shall be read a second time and passed to a third reading without question. Where the report of a committee is adverse to the passage of a bill, on the second reading thereof the question shall be on agreeing to the report of the committee. If the report of the c0mmittee is agreed to, tbe bill shall be lost. If the report of the committee is disagreed to, the bill shall be passed to a third reading, unless recommitted. Any bill may be withdrawn at any stage thereof, by consent of the House.
3. No bill or resolution shall be transmitted to the Senate on the day of the pass;~.ge thereof, unless two-thirds of the members present shall so order.
4. The House shall entertain no bill, or amendment to a bill, proposing to grant corporate powers and privileges to private companies, except to banking, insurance, railroad, canal, plank road, navigation, mining, express, lumber, telegraph and manufacturing companies. nor to make or change election precincts, nor to establish bridges and ferries, nor to change names of legitimate children, nor grant divorces.
5. No bill shall be entertained by the House which contains more than one subject matter, nor contains matter different from what is expressed in the title thereof.

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109

6. No bill shall be printed after the same has been reported to the House by the committee to which it has been referred, or by request of said committee, and the order of the House agreeing thereto.

MISCELLANEOUS RULES OF THE HOUSE.
1. On all questions, whether in committee or in the House, the last amendment, the most distant day, and the largest sum, shall be put first.
2. All proceedings touching the appropriation of money, shall be first considered in Committee of the Whole House.
3. When a message from the Senate or from the Executive is announced at the door of the House, by t)le doorkeeper, or messenger, all business shall be suspended until the same is respecfully coTDmunicated to the chair by the person bringing it.
4. A simple majority may call up a paper ordered to lie on the table, for consideration.
5. Applause or hisses in the Representative Chamber, or in the galleries or lobby, during any speech or legislative proceedings, shall be promptly suppressed.
6. During the reading of yeas and nays on any question, no debates shall be had.
7. Any member presenting a petition, memorial, or remonstrance, shall, as concisely as practicable, intimate the name and object of the petitioner, memorialist, or remonstrant, which shall be noticed on the Journal, and the paper may then be referred without reading.
8. The Speaker may, during a day's sitting, name any member to perform the duties of the chair, during any part of that sitting, but no longer.
9. No member shall vote upon any question in the event of which he is immediately and particularly interested, or in any caEe where he was not present when the question was put, unless by permission of the House.
10. Upon the call of the members, ordinary or extraor-

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dinary, the name of the absentees shall be noted, to be dealt with as the House may direct; and the absence of members beyond the leave obtained shall be particularly noted.
11. The several standing committees of the House shall have leave to report by bill or otherwise.
12. The Clerk of the House shall take an oath for the true and faithful discharge of the duties of his office, to the best of his knowledge and abilities, and shall be deemed to continue in office until another be appointed.
13. The Clerk shall take special care of the books provided for the u5e of the House.
14. The Joint Committee of Enrollment shall carefully compare enrolled bills and resolutious, and, correcting any errors that may be discovered in the enrolled bills or other papers, make their report forthwith to the respective Houses.
15. The Clerk shall, on Mondays, Wednesdays and Fridays, call the counties for the introduction of new matter, beginning alternately at the first and last of the alphabet.
16. The rl'les of this House shall in no case be suspended, nor shall the order of business be changed, except by a vote of three-fourths of the members present.
17. The Speaker shall appoint the following standing committees:
Committee on Corporations; Committee on J ndiciary. Committee on Finance. Committee on State of the Republic. Committee on Internal Improvements. Committee on Agriculture. Committee on Privileges and Elections. Committee on Enrollment. Committee on Journals. Committee on Military Affairs. Committee on Banks.

THURSDAY, JANUARY 18, 1877.

111

C6mmittee on Education. Committee on Deaf and Dumb Asylum. Committee on Blind Asylum. Committee on Lunatic Asylum. Committee on Penitentiary. Committee on Auditing. Committee on New Counties and County Lines. Committee on Public Printing. Committee on Immigration. Committee on Public Property. Committee on Public Library. Committee on the Privileges of the Floor. Committee on Rules, of which the Speaker shall be exofficio chairman. 18. All bills and resolutions shall be called in the order in which they stand on the calendar; and before reading any bill or resolution the second or third time, the Clerk shall distinctly state its number and the name 0f the member by whom introduced. 19. After the announcement of the standing committees, no new members shall be added thereto by the House, unless it be at the request of a majority of the committee to be added thereto. 20. When any question arises which is not provider} for in the foregoing rules, the same shall be controlled by the rules usually governing parliamentary bodies. 21. No person shall be allowed to enter upon the floor of this House, except the members and officers thereof, and the heads of the offices of the Executive Department, ex-Governors, Judges of Supreme and Superior Courts, in actual commission, ex-presiding officers of the General Assembly, and sucii others as the House m~y allow, upon recommendation of the Committee on the Privileges of the floor. 22. It shall be the duty of the Committee on Journals to read the Journal of each day's proceedings, and report

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to the House that the same is correct before the Journal is read by the Clerk.

THE ORDER OF BUSINESS SHALL BE AS FOLLOWS :
1. The unfinished business in which the House was engaged at the adjournment of a precooing day shall have the preference in the orders of the day, after the call of the counties, unless otherwise ordered.
2. Orders of the day. 3. Bills for a third reading. 4. Bills for a second reading. 5. Resolutions. 6. Bills of the Senate for the first, second and third readings.

In reporting these rules to the House, the Committee on Rules take the liberty of recommending to the members of the House the revised edition of Mell's Manual of Parliamentary Practice as a valuable work of easy reference.
A. 0. BACON,
H. H. CARLTON,
AI{THUR HooD,
w. T. PRICE,
J. D. STEWART, Committee on Rules. On motion, the report of the Committee on Rules was adopted; and, on motion, four hundred copies were ordered printed for the use of the House.

Mr. Stewart, of Spalding, chairman of the Judiciary Committee, submitted the following report, to-wit:
Mr. Speaker: The Committee on the Judiciary have had under consid
eration the following bills, and recommend that the same do pass:

THURSDAY, JA~olUARY 18, 1877.

113

A bill to be entitled an act to authorize Henry T. Powers and others to construct and operate a "Boom" across the Ocmulgee river, at Macon, and for other purposes, which bill your committee recommend do pass, with amendments as suggested by the committee.
Also, a bill to be entitled an act to amend section 4,414 of the Revised Code, which your committee recommend do pass as amended.
Also, a bill to be entitled an act to alter and amend sec- . tion 4, 370 of the Code of Georgia, relative to the offense of shooting at another.
Also, a bill to be entitled an act to fix the fees of the sheriff or jailer of Stewart county for dieting prisoners confined in the common jail of said county.
Also, a bill entitled an act to repeal an act to establish a County Court, and to abolish the County Court of Newton county, and for other purposes.
Also, a bill to be entitled a11 act to reduce the sheriff's bond of the county of Webster.
Also, a bill to be entitled an act to reduce the fees of jurors of the county of Ware.
Als0, a bill to be entitled an act to amend an act entitled an act to prohibit the killing of partridges, wild turkeys and deer, at certain seasons, in the counties of Lowndes, Thomas and Putnam, in this State, approved February 28, 1876.
Also, a bill to be entited an act to enact other and further provisions for the better organization of th~ City Code of Atlanta.
Also, a bill to be entitled an act to make applicable to the county of Upson an act approved March 17, 1869, creating a board of commissioners of roads and revenues for the county of Harris.
Also, a bill to be entitled an act to repeal so much of
an act entitled "an act to create a County Court in each
county of the State of Georgia; except certain counties 8

11-!

JouRNAL oF THE HousE.

therein mentioned, approved January 19, 1872," as applies to the county of Jackson.
Also, a bill to be entitled an act to consolidate the office of Tax Receiver and Tax Collector of the county of l'ike, to prescribe the duties thereof, and fix the compensation.
Also, a bill to be entitled an act to amend an act entitled an act to provide for a board of commisioners of roads and revenues for the counties of Camden, Thomas and Echols, , approved February 20th, 1873, so far as the same relates to the county of Thomas.

Your committee have had under consideration the following bills, and recommend that the same do not pass:
A bill to be entitled an act to fix the numbers and per diem of grand and traverse jurors of the county of Whitfield.
Also, a bill entitled an act to change the penalty for arson in the country.
A !so, a bill to be entitled an act to amend section 2, 918 of the Revised Code of Georgia, in relation to the statute of limitations on open accounts.
JoHN D. STEWART, Chairman.

Mr. Carlton, Chairman of the Committee on Finance, submitted the following report:
Mr. Speaker : The Committee on Finance have had under their consid-
eration the following House bills, which theyreportback,and recommend that the same be referred to the Committee on the Judiciary, to-wit:
A bill to be entitled an act to regulate the pay of county officers of Towns county.

Also, a bill to be entitled an act to repeal an act entitled an act to allow the commissioners of roads and revenues of

THURSDAY, JANUARY 18, 1877.

115

Effingham to change and regulate the charges for license to sell spirituous liquors in said county, approved August 24th, 1872, and for other purposes.

Also, the following bill, which they recommend be re-

ferred to the Committee. on the Penitentiary :

A bill to abolish the office of Principle Keeper of the

Penitentiary, and to require the Secretary of State to per-

form the duties now required by law of that officer.

(Signed,)

H. H. CARLTON,

Chairman.

The rules were, on motion, suspended, when Mr. Price of Lumpkin offered the following bill, which was read the first time, to-wit :
A bill to establish a normal department of the North Georgia College in the city of Dahlonega, and for other purposes.
The same was ordered to be referred to the Committee on Education.

The regular order of business being the reading of bills the second time, the following bill was read the second time, and referred to the Committee on the Judiciary, towit:
A bill to annul the act providing for the transfer of tax excutions.

The House took up the report of the committee on the bill to fix and regulate the salaries of certain officers, and fix the per diem and mjleage of members of the General Assembly.
On motion, the House went into Committee of the Whole for the consideration of the bill.
Mr. Black moved that the Committee of the Whole rise, and report the bill back, with a recommendation that it be made the special order for next Thursday.

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JouRNAL OF THE HousE.

Mr. Stewart of Spalding moved, as a substitute, that the committee rise and report progress, and ask leave to sit again on next Thursday.
The substitute was accepted, and the motion prevailed. Mr. Price, Chairman of the Committee of the Whole, reported progress, and asked leave to sit again. On motion of Mr. Stewart of Spalding, the bill was made the special order for next Thursday at 11 o'clock. The following members were announced as constituting the committee to investigate the question of reducing the judicial circuits of the State, to-wit: Messrs. Morris, Stokely, Hammond, Turnbull, Fort, Cox of Troup, Miller, Corker, Anderson, Wade, Hawes, Evans, Colley, Key, Humber, Cloud, Pickett of Gilmer, Lang, Stewart of Taylor, McRae, Freeman and Marshall.

The House took up the report of the committee on the bill (introduced by Mr. Roberson) to repeal the act consolidating the offices of Receiver and Collector in the county of Appling.
The report was agreed to. The bill was read the third time and passed.

The bill (by Mr. StokPly) to reduce the number of grand jurors and distribute the same, was taken up for the third reading, b:~t, on motion, was recommitted to the Committee on the Judiciary.

The Hou5e took up the report of the committee on the bill (by Mr. Cloud) to abolish the County Court of the county of Clayton.
The report was agreed to. The bill was read the third time and passed.

On motion of Mr. Jordan, chairman of the Committe on Agriculture, Messrs. Ragsdale of De.Kalb, and Davis of Bibb, were added to that committee.

THURSDAY, JANUARY 18, 1877.

117

A bill (by Mr. Brewer) to regulate the sale of liquors by the board of commissioners of Effingham county, was referred to the Judiciary Committee.

A bill to regulate and fix the pay of county officers in the county of Effingham, and repeal certain acts relative thereto, was referred to the Judiciary Committee.

A bill (by Mr. Hillyer) to require the Tax Collector of the county of Fulton to make more frequent settlements with the Comptroller General, and for other purposes, was taken up, amended and passed.

By Mr. FryA bill to perfect the organization of the City Court of Atlanta. Passed. By Mr. Jordan of HancockA bill to amend section 4,414 of the Code. Amended and passed. By Mr. Davis of HoustonA bill to abolish the office of Principal Keeper of the Penitentiary, and for other purposes. Recommitted to the Committee on Penitentiary. By Mr. DukeA bill to repeal the act creating a County Court for the county of Jackson.

By Mr. Hood of RandolphA resolutionThat the Committee on Public Property inquire at once into the propriety of replacing the accoustic wires in the hall of the House of Representatives. Agreed to.

By Mr. Blood'Yorth-

,

A bill to change the time of closing the polls at the

several election precincts in this State.

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JOURNAL OF THE HoUSE.

Referred to the Judiciary Committee. Also, a bill to amend section 2, 918 of the Code. Lost.

On motion of Mr. Price, the rules were suspended, and the regular order dispensed with, for the purpose of reading House bills the second time, by title, and the following were read and referred as hereinafter specified :
The following bills were read by title, and referred to the Committee on the Judiciary, to-wit:
By Mr. WalshA bill to fix the compensation of the Tax Receiver of Richmond county. By Mr. BlackA bill to ratify and confirm the decrees of the Superior Courts of this State, granting or renewing the existence of corporations. Also, a bill to amend sections 3,419 and 3,420 of the Code. By Mr. SimsA bill to amend the garnishment laws of this State. By Mr. MurrayA bill to regulate the per diem of jurors in the county of Oconee. By Mr. GrayA bill to regulate pay of jurors and bailiffs in the county of Paulding. By Mr. Matthews of PikeA bill to amend an act organizing a County Court for the several counties, so far as the same relates to the county of Pike.
By Mr. OwenbyA bill to regulate the manner of returning land for taxation in this State. By Mr. Adams of Ch~thamA bill to give the board of commissioners of the county

THURSDAY, JANUARY 18, 1877.

119

of Chatham, and the Mayor of the city of Savannah, power to remove small-pox patients, and for other purposes.
By Mr. CauseyA bill to regulate the pay of jurors in the county of Crawford. By Mr. HarrellA bill to authorize the county commissioners of Decatur county to issue bonds. By Mr. Smith of EcholsA bill to change the county of Echols from the Brunswick Judicial Circuit to the Southern Circuit. By Mr. Branch of Greene-A bill to authorize the commissioners of Penfield to levy taxes. By Mr. FryA bill to facilitate the collection of debts, and to enforce legal rights in this State. Also, a bill to preserve the purity of the ballot. Also, a bill to amend section 4,388 of the Code. By Mr. Jordan of HancockA bill to amend secdon 2, 009 of the Revised Code. By Mr. HutchinsA bill to create a new judicial circuit to be known as the Appalachee. By Mr. FryA bill to regulate the collection of costs in criminal cases. By Mr. Case of DadeA bill to repeal an act to encourage cotton and wool manufacturing in this State. By Mr. StricklandA bill to reduce the sheriff's bond in the county of Clinch. By Mr. Fry-
A bill to amend the constitutwn of the State, and for other purposes.

120

JouRNAL OF THE HousE.

By Mr. Branch of GreeneA bill to amend an act creating a board of commissioners for the county of Greene. By Mr. HillyerA bill to provide for the sale of mortgaged property. By Mr. BowenA bill to repeal an act extending the jurisdiction of Justices of the Peace in the county of Clinch. By Mr. HarrellA bill to regulate the compensation of jurors in the county of Decatur. By Mr. Ragsdale-A hill to amend the act creating a County Court for the county of DeKalb. By Mr. StricklandA bill to prohibit fire hunting in the county of Clinch. By Mr. LangA bill to consolidate certain county offices in the county of Charlton. By Mr. KirbyA bill to regulate the per diem of jurors in the county of Berrien. By Mr. PerkinsA bill to provide for the election of County Treasurer in the county of Burke. By Mr. BrewerA bill to supersede an act to organize a County Court in the county of Effingham. By Mr. WilliamsA bill to prevent the sale of liquors within one mile of Berzelia, on the Georgia Railroad.
By Mr. OwenbyA bill to regulate the manner and place of voting. By Mr. HarrellA bill to repeal section 346 of the Code. By Mr. Williams-

THURSDAY, }ANUARY 18, 1877.

121

A bill to nduce the sheriff's bond of the county of Co-

lumbia.

By Mr. Wooldridge-

A b!ll to regulate the pay of jurors in the county of

Chattahoochee.

By Mr. Turner of Brooks-

A bill to incorporate the Brooks County Manufacturing

Association.



By Mr. Stokely-

Arbill to require railroad companies to pay promptly for

stock killed by them.

By Mr. Davis of Bibb-

A bill to make the Tax Collector of Bibb county ex

officio sheriff in certain cases.

By Mr. DeLoach-

A bill to consolidate the offices of Tax Collector and

Receiver in the county of Bulloch.

By Mr. Hogan of Carroll-

A bill to abolish the County Court of Carroll county.

By Mr. Wise-

A bill to fix the compensation of jurors in the county of

Henry.

By Mr. Wilkes-

A biil to regulate the rate of interest in this State, and

for other purposes therein mentioned.

By Mr. Almon-

A bill to provide for a board of commissioners for the

county of Heard.

By Mr. Fry-

A bill to fix the compensation of Solicitors General, and

for other purposes.

By Mr. Hollis-

A bill to abolish the County Court in the county of

Marion.

By Mr. Hillyer-

A bill to authorize the transfer of certain cases from

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JouRNAL OF THE HousE.

Fulton Superior Court to the City Court of Atlanta, and vice versa.
By Mr. RobersonA bill to prohibit the sale of liquor within three miles of Consolation Church, in Appling county. By Mr. RoperA bill to constitute a board of commissioners for the county of Meriwether. By Mr. BloodworthA bill to repeal an act requiring the Tax Collector to take in payment for taxes all debts due by them, so far as the same relates to the county of Monroe. Also, a bill to amend section 2, 932 of the Code. By Mr. PriceA bill to prevent the sale of liquors within the 821st District G. M. By Mr. AtwoodA bill to require the registration of voters in the county of Mcintosh. By Mr. BennettA bill to repeal the act prohibiting the sale of liquors near the Academy in Harmony Grove, in Jackson county. By Mr. PhillipsA bill to better enable county officers to give bonds, without reference to the number of bondsmen. By Mr. MalletteA bill to amend the act creating a board of commissioners for the county of Camden.

The following bills were read by their titles, and referred

to the Finance Committee, to-wit:



By Mr. Robson-

A bill for the relief of G. L. Mathis of Washington

county. By Mr. Fry-
A bill to reduce and regulate the fees of Tax Collector

and Tax Receiver in the State, and for other purposes.

THURSDAY, JANUARY 18, 1877.

123

By Mr. PayneA bill for the relief of John G. Switzer, step-son of Leonard Fi11ister and son of Madeline Finister, deceased, and his legal representatives, and to prevent the estate of the said Leonard Finister from escheating to the State under the escheat laws thereof. By Mr. GreshamA bill to reduce the compensation of the County Treas urer of the county of Greene. By Mr. J 'lmesA bill to invest money arising from the sale of railroads seized by the State, and for other purposes. By Mr. Adams of ChathamA bill to appropriate one-half of the State tax paid and to be paid by Chatham county, for the year 1877, for extraordinary purposes of said county. By Mr. FryA bill to fix the compensation of the Clerk of the Supreme Court, and for other purposes. By Mr. RobersonA bill to appropriate the sum of fifteen hundred dollars of the State tax of the county of Appling for the rebuilding of a court house for said county. By Mr. CauseyA bill to regulate the manner of paying the clerk and sheriff of Crawford county extra compensation, and for other purposes. By Mr. MobleyA bill to allow Lawson F. Collier, of the county of Dooly, to sell drugs withoJ.It license. By Mr. OwenbyA bill to require all Tax Collectors to return all claims taken up by them in payment in county tax to the Ordinary. By Mr. Jordan of PulaskiA bill to repeal an act to amend section 4 of an act to

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JouRNAL oF THE HousE.

alter and amend the revenue laws of this State, and to provide a penalty for the violation of the same.
By Mr. WilkesA bill to repeal an act to provide for the correct assessment of taxable property in this State. By Mr. Branch of GreeneA bill to consolidate the offices of sheriff and Tax Receiver, and to fix the time when the same shall go into effect. By Mr. TumlinA bill to repeal an act fixing fees of sheriff of Cass county, now Bartow, approved December 9, 1854. By Mr. MalletteA bill to allow John Sheffield to peddle without license in the county of Camden. By Mr. Kennan-
A bill to allow the county of Clay to retain two thou-
sand dollars of the State tax for 1877, to aid in building a bridge across the Chattahoochee river, at Fort Gaines.
By Mr. AllredA bill to authorize A. C. Carson, of Pickens, to peddle without license.

The following bills were read by title and referred to the Committee on New Counties and County Lines, to-wit:
By Mr. Reid, of MorganA bill to repeal an act changing the lines between the counties of Greene and Morgan.
By Mr. TaylorA bill to change the county li,ne between the counties of Coweta and Meriwether.
By Mr. ThomasA bill to lay out the new county of Jenkins, and for other purposes. By Mr. Hogan, of Carroll-

THURSDAY, JANUARY 18, 1877.

125

A bill to change the line between Carroll and Douglas counties.
By Mr. CloudA bill to change the lines between the counties of Clayton and Henry.

The following bills were read by title, and referred to the Committee on Corporations, to-wit:
By Mr. WalshA bill to incorporate the Augusta and Knoxville Railroad Company.
By Mr. GreenA bill to incorporate the Milledgeville Manufacturing Company.
By Mr. NorthenA bill to prohibit joint stock companies from paying dividends, when the same are not net earnings. By Mr. Bacon of BibbA bill to incorporate the Middle Georgia Mineral Association. By Mr. TumlinA bill to amend the charter of the city of Cartersville.

The following bills were read by title, and referred to the Committee on Education, to-wit :

By Mr. Picket of RabunA bill to repeal an act in reference to the pay of teachers, so far as the same relates to the county of Rabun.

The following bills were read by title, and referred to the Committee on Judiciary, to-wit :
By Mr. WilkesA bill to fix the pay of jurors in Washington, Lincoln, Screven, Gordon and Hall counties. By Mr. Stokely--

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JouRNAL oF THE HousE.

A bill to repea! the local option law, so far as it relates to the town of Adairsville.

The following bill was read by title, and referred to the Committee on Banks, to-wit:
By Mr. BaconA bill to incorporate the Merchants' Bank of Macon.

The following bill was read by title, and referred to the Committee on Public Printing, to-wit:
By Mr. NorthernA bill to abolish the office of Public Printer, and create the office of Superintendent of Public Printing.

Mr. Fort introduced the following resolution, which was
agreed to, to-wit :
f!.csolvcd, That the Hon C. J. Tucker, of the county of
Stewart, be invited to a se:tt on the floor of this House
during his stay in this city.

Mr. Price introduced the following resolution, which was read the first time and referred to the Committee on Public Printing, to-wit :
Rcsolz,ed, That the Committee on Public Printing be instructed to inquire and report if any legislation is necessary to require the Public Printer to print all pamphlets, including the Journals of both Houses, in solid matter, and that the printing of the yeas and nays be printed in running lines, instead of the manner heretofore in use.

Mr. Northen introduced the following resolution, which was agreed to, to-wit:
Resolved, That the Hon. George F. Pierce, of the county of Hancock, be invited to a seat on the floor of this House during his stay in the city.

Mr. Stanford introduced the following resolution, which was read the first time, to-wit;

FRIDAY, jANUARY 19, 1877.

127

Resolved, That it is the sense of this House, that strict economy be enforced by all the officers of the State Government, in the expenditure of the public money. That all unnecessary attaches of the various departments be dispensed with, and that honesty, integrity and capacity be strictly regarded in all appointments to office in this State.

On motion of Mr. Bacon of Bibb, Hon. T. M. Norwood was invited to a seat on the floor.

On motion, Hons. John F. Clark, E. H. Pottle and Herbert Fielder were invited to seats on the floor.

Mr. Jones of Polk, Mr. Taylor and Mr. Perkins were added to the Committee on Deaf and Dump Asylum, at the request of Committee.

Messrs. Whittle, Walsh and James were appoited, on the part of the House, to act in concert with a Senate committee, on the condition of the Executive mansion.

On motion the House then adjourned to 10 o'clock tomorrow morning.

ATLANTA, GEORGIA,
Friday, January 19, 1877. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain, Rev. John Jones.
On motion, the call of the roll was dispensed with.
The Journal of yesterday was read, and, on motion of

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JouRNAL oF 'l'HE HousE.

Mr. Hood, was referred. to the Committee on Journals, with instructions that they report on the same.

Mr. Hood, Chairman of the Committee on Corporations, submits the following report:
Mr. Speaker: The Committee on Corporations have had under con-
sideration the following bills, which they recommen? do pass, to-wit:
A bill to amend the act to consolidate and amend the several acts incorporating the town of Bainbridge, in the county of Decatur.
Also, a bill to incorporate Trion Manufacturing Company, etc.
Also, a bill to amend an act entitled an act to incorporate the Northwestern Railroad Company.
Also, a bill to empower the Mayor and Aldermen of the city of Madison to provide for registration of voters, etc.
Also, a bill to incorporate the Middle Georgia Mineral Association.

The following message was received from the Senate through Mr. Harris, the Secretary thereof:
.Mr. Speaker : The Senate has agreed to the following resolutions, in
which they ask the concurrence of the House of Representatives, to-wit:
A resolutionThat the Senate and House Committees on the Lunatic Asylum be, and are hereby, constituted a joint committc:.e. Also, a resolutionProviding for the appointment of a joint committee to prepare and report a set of rules for the goverment of the General Assembly when in joint session.

FRIDAY, jANUARY 19, 1877.

129

The regular order of business being the call of counties for the introduction of new matter, the roll of counties was called, and the following bills were introduced and read the fist time and referred to the Committee on Judiciary, to-wit:
By Mr. PilcherA bill to prevent frauds on the ballot. Also, a bill to amend section 4, 570 of the Revised Code By Mr. FortA bill to repeal an act to authorize Judges of the Superior Courts, Ordinaries and Justices o[ the Peace to order sale of property levied on whenever the same is of a perishable nature, or liable to deterioate in value, or where there is expense attending the same By Mr. DavisonA bill to amend section 3, 971 of the Code m reference to the foreclosure of mortgages on personalty, and for other purposes. Alos, a bill to repeal an act to amend section four of an act to amend the revenue laws of this State, and to provide a penalty for the violation thereof, approved December 15th, 1862. By Mr. WallA bill to repeal an act to prevent the obstructing- of
Buck, Uchee, Kinchafoonee, Muckalee and Shoal creeks in the counties of Marion, Schley and Macon, and to remove all traps now erected in either or all of them.
By Stewart of SpaldingA bill to amend section 459 of the Code of 1873. Also, a bill to repeal sections 12 and 3 of an act to fix the compensation of the Clerk of the Supreme Court. By Mr. WadeA bill to amend section 4, 423 of the Cocle of 187:3. By Mr. Hood-A bill to amend an act to organize a County Court for Ra-ndolph county, and for other purposes. Also, a bill to require sheriffs to keep a record of persons committed to jail.
9

130

JOURNAL OF THE HOUSE.

By Mr. Jones of PolkA bill to repeal an act to regulate the sale of spirituous liquors in the counties of Floyd, Dade, Polk, etc., ap proved February 26, 1875, so far as relates to the county
of Polk. By :.Ir. Matthews of PikeA bill to allow land owners to forbid hunting on their
premises and to fix a penalty therefor.
By Mr. Gray-A bill to consolidate the offices of Tax Receiver and Tax Collector of Paulding county, and to fix the com-
pensation for said office. By Mr. SimmonsA bill to amend section 1, 991 of the Code with refer-
ence to the enforcement of liens on personalty.
By Mr. OttisA bill to amend section 4,386 of the Code of 1873.
By Mr. DuggarA bill to require certain officers mentioned to postpone public sales on conditions therein specified.
By Mr. Bloodworth-
A bill to require constables to notify defendants in .ft..fa.
of time and place of sale of perishable property, and for
other purposes. By Mr. CollinsA bill to repeal an act to amend an act establishing
County Courts in the counties of Dougherty, Early and Lee, approved February 20th, 1873.
By Mr. Sheffield of MillerA bill to repeal an act to regulate the sale of intoxicating liquors in the county of Miller. By Mr. HollisA bill for the relief of Mary A. Collins, of the county
of Chattahooche. Also, a bill to amend an act regulating the mode of
granting licenses in Jefferson, Burke, Washington, and other counties.
By Mr. Guyton-

FRIDAY, JANUARY 19, 1877.

13.1

A bill to consolidate the county offices of Laurens county, and to provide for compensation for the duties of the
same. .By Mr. FortnerA bill to amend an act creating a board of commissioners
for the county of Johnson. By Mr. KeyA bill to amend the homestead laws of this State, ap-
proved February 26th, 1876. Also, a bill to declare certain conduct therein named on
the part of an employer in the discharge and employment of laborers, to be cheating and swindling.
By Mr. MillerA bill to provide for an issue docket in the Superior Courts, and for other purposes. By Mr. GrantA bill to amend section 4, 763 of the Code of 1873. By Mr. GreshamA bill to amend an act {'ntitled an act to amend an act creating a County Court for the counties of this State, approved January 27th, 1872, so far as relates to the county of Greene, approved February 27th, 1875.
By Mr. BranchA bill to repeal an act to amend section 4, 401 of the
Code in reference to hog stealing, approved February 27th, 1875.
Also, a bill to amend section 3,665 of the Code in reference to the receiving of affidavits of illegality.
By Mr. DudleyA bill to pay balance due school commissioners of Whit-
field county for the year 1871. By Mr. HillyerA bill to require the Ordinary of Fulton county to
furnish chambers for the Judge of the Superior Court of
said county. By Mr. Duggar-
A bill to repeal section 3, 583 of the Code of 1873, and
to insert a new section in lieu thereof.

132

JouRKAL oF THE HousE.

By l\Ir. W olihinA bill to establish a County Court for the county of Dougherty. By Mr. CaseA bill to reduce and fix the number of grand jurors, and to regulate the manner of organizing grand juries. By Mr. CauseyA bill to allow John 'V.l. Chapman, of Crawford county, to peddle without license. By Mr. CarltonA bill to extend the jurisdiction of the County Court of Clarke county, and for other purposes. By l\Ir. Wooldridge-A bill to reduce the bonds of Tax Collector and Tax Receiver of Chattahoochee county. By Mr. Owenby-A bill to allow jurors to furnish substitutes. By Mr. MalletteA bill to repeal all laws authorizing issue of land war. rants under head rights from the land court of Camden
county. Also, a bill to prohibit the offices of Tax Collector, Tax
Receiver and sheriff of Camden county to be held two successive terms by the same person.
By Mr. WhittleA bill to amend section 298 of the Revised Code, relative to procuring and empanelling jurors for the trial of criminal cases in County Courts. By Mr. CorkerA bill to change the time of holding the Superior Court of Burke county. By l\Ir. Jordan of PulaskiA bill to provide for the service of writs, processes, etc., in certain cases, in the County Courts of this State. By Mr. TurnbullA bill to repeal an act establishing a Department of Ag-
riculture.

FRIDAY, JANUARY 19, 1877.

133

Also, a bill to repeal an act e:;tablishing a Board of Health of the State of Georgia.
Also, a bill to repeal an act to provide a board of commissioners for Banks county.
The foEowing message was received from the Senate through Mr. Harris, the Secretary thereof: Mr. Speaker:
The Senate has passed the following bill, to-wit: A bill to prohibit the sale of spirituous liquors within three miles of the Masonic Academy in the town of Swainsboro, in the county of Emanuel.

The Senate has concurred in a resolution of the House of Representatives, with an amendment thereto, in w!lich they ask the concurrence of the House of Representatives, to-wit:
A resolutionTo appoint a joint committee to wait upon his Excellency the Governor, and request him to defer the appointment of Superior Court Judges and other State officers, and for other purposes. Mr. McDonald, Chairman of the Committee on Privileges and Elections, submitted the following report :
11-fr. Speaker: The Committee on Privileges and Elections have had
under consideration the contested election case from the county of Glynn, and from the evidence submitted to the committee, are of the opinion that James Blue, the present incumbent, was duly elected Representative from said county, and recommend that he be allowed to retain his seat.
McDoNALD, Chairman Committee on Privileges and Elections.

The Committee on Privileges and Elections also submtt the following resolution, which they recommend adopted:

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JouRNAL oF THE HousE.

ResohJed, That James Blue, the member-elect from the county of Glynn, be, and is hereby, declared duly elected and entitled to his seat as a member of this House.
On motion of Mr. McDonald, the rules were suspended and the above resolution was considered and adopted.

The following bills were introduced, read the first tim<:>, and referred to the Committee on Finance :
By Mr. BlackA bill to refund the New England Life Insurance Company taxes collected by mistake. By Mr. KimseyA bill to fix the compensation of Tax Receivers and Collectors of the counties of Union and Towns, and for other pPrposes. By Mr. CandlerA t-ill to repeal sections 197, 198 and 1,645 of the Code, and to adopt new sections in lieu thereof. By Mr. CloudA bill to exempt certain persons in this State from tax dutv. By Mr. ScruggsA b'll to regulate the pay of the commissioners of roads and revenues of the county of Glascock. By Mr. BrewerA bill to amend section 4, 441 of the Code of 1873. By l\Ir. StricklandA bill to provide for the payment of insolvent costs due the clerk of the Superior Court and the sheriff of the county of Clinch.

The following bills were introduced and read the first time, and referred to the Committee on New Counties and County Lines, to-wit:
By Mr. CarterA bill to change the line between the cotmties of Lowndes and Echols.

FRIDAY, JANUARY 19, 1877.

135

By Mr. NorthA bill to change the line between the counties of Troup and Coweta.

The following bill was introduced, read the first time, and referred to the Committee on Military Affairs, to-wit:
By J\Ir. Adams of ChathamA bill to exempt members of the Georgia Huzzars from jury duty.

The following bills were introduced and read the first

time, and referred to the Committee on Corporations, to-

wit:

By Mr. Moses-

A bill to amend an act incorporating the Georgia Home

Insurance Company.

'

By Mr. Case-

A bill to incorporate the Dade Iron Company.

By Mr. Carlton-

A bill to contract the corporate limits of the city of

Athens.

The following bills were introduced and read the first time, and referred to the Committee on Education:
By :\Ir. Stewart of SpaldingA bill to repeal an act establishing a board of education for the city of Griffin, and to distribute the fund due said board. By Mr. PolhillA bill to provide for the appointment of school trustees for the sub-districts of the counties. Also, a bill to provide for submitting the question of a local tax for the support of public schools to the owners of property.

The following bill was introduced and read the first time, and referred to the Committee on Agriculture, to-wit:

1~6

JouRNAL OF THE HousE.

By Mr. Reid of MorganA bill to create a Commissioner of Fish and Fisheries in this State.

On motion, the following resolution of the House was taken up, and the Senate amendments thereto concurred in, to-wit:
A resolutionRequesting His Excellency the Governor to communi cate to the General Assembly any suggestions he may have to make in regard to practical reform in gov~nmental affairs, and to delay certain appointments of judges and other officers, and for the appointment of a committee to confer with the Governor and report on said subject.

Mr. Carlton of Clarke offered the following resolution, which was agreed to, to-wit:
A resolutionThat His Excellency the Governor be requested to communicate to the General Assembly any suggestions regarding practical reform in governmental affairs he may have to make.

l\Ir. Stokely introduced the following resolutions, to-wit: Resoh,ed, That the hours of meeting of this House shall be 10 o'clock A.:\1. and 3 o'clock P.M., and the hours of adjournment shall be 1 o'clock and 5 o'clock P.M. Resohed further, That this resolution shall take effect from and after Monday, the 22d instant. Mr. Turnbull moved to lay the said resolution on the table, which motion prevailed.

On m0tion of Mr.

, the rules were 5uspended,

and the Senate resolution declaring the Senate and House

Committees on the Lunatic Asylum to be a joint commit-

tee was taken up and concurred in.

FRIDAY, JANUARY 19, 1877.

137

The following resolution, offered by Mr. Carlton, was read and agreed to, to-wit:
A resolutionThat the House Committee on Rules, the Senate concurring, shall meet in joint session with a committee from the Senate for the purpose of proposing joint rules for the two houses.

The call of counties being resumed, the following bills were introduced and read the first time, and referred as hereinafter mentioned, to-wit:
By 1\'Ir. HawesA bill to define the duties of Justices of the Peace of Baker county. Referred to Committee on Judiciary.
Also, a bill to amend an act creating a County Court for the counties of Calhoun, Baker, et al., so far as relates to the connty of Baker.
Referred to Committee on Judiciary.
By Mr. JamesA bill to define the duties of the Ordinary of Fulton county. Referred to Committee on Judiciary.

The following bills wen! also read the first time, and referred to the Committee on Judiciary, to-wit:
By Mr. Stewart of SpaldingA bill to amend an act to prohibit the buyin:; and selling of farm products between certain hours named. Also, a bill to prohibit the sale of intoxicating liquors within one mile of Red Oak Church, Pike county, and Providence Church, in the county of Spalding. By Mr. RichardsonA bill to repeal so much of the local option law as relates to the city of Dalton, Whitfield county. By Mr. Fry-

138

JOURNAL OF THE HOUSE.

A bill to authorize affidavits in certain cases to be taken in other States, and for other purposes.
By Mr. Smith, of OglethorpeA pill to compensate surviving partners for settling up the partnership business.

Mr. Turnbull of Banks offered the following resolution :

\VHEREAs, thl'!re are now six clerks employed in the Ex-

ecutive office ; and



Where:as, the duties and labor required to be performed

by said clerks can be discharged by a less number; be it

therefore

Resolved, That the Committee on Reduction of Officers

and Salaries be requested to investigate the matter, and re-

port to this General Assembly the number of clerks abso-

lutely necessary to perform the clerical labor in the Execu-

tive Department.

Mr. Kennon offered an amendment to substitute the

words " Finance Committee" in lieu of the words " Com-

mittee on the Reduction of Officers and Salaries," which

amendment was not adopted.

Mr. Stewart of Spalding offered as a substitute for the

resolution the following:

A resolution-

That the Committee on the Reduction of Salaries and

Officers confer with his Excellency the Governor, as to

the number of clerks he deems necessary to discharge the

duties of the Executive Department, and report to this

House. The substitute was adopted.

On motion, the rules were suspended and the following bills which had been read the first time, were read by their captions and referred as hereinafter mentioned, to-wit:
The following bills were read by their captions and referred to the Committee on the Judiciary, the same having been heretofore read in full:

FRIDAY, JANUARY 19, 1877.

139

A bill to amend section 2, 040 of the Code of 1873, in reference to property exempt from levy and sale.
Also, a bill to establish a City Court for the city of Gainesville.
Also, a bill to repeal the second clause of section 4,325 of the Code of 1873.
Also, a bill to reduce the number of jurors in the County Court of Jasper county, and for other purposes therein named.
Also, a bill to change li.1e between the counties of \Vashington and Johnson.
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 Irwin and Berrien.

The following bills were read by their titles and referred to the Committee on Education, the same having been heretofore read in full.
A bill to abolish the State and County School Commissioners of the State of Georgia.
Also, a bill to pay teachers of common schools in \Vhitfield county for services in 1871.

The following bills were read by their titles and referred to the ComRlittee on Agriculture, the same having been heretofore read in full, to wit:
A bill to make uniform the charge for the inspection of guanos in this State.
Also, a bill to repeal an act to create a State Board of Health.
Also, a bill to repeal an act to provide for the collection and publication of sta'.istics of agricuLural productions.
Also, a bill to encourage the propagation of fish in the waters of this State.

The following bills, which had been read a first time,

140

JouRNAL OF THE HousE.

were read by their titles, and referred to the Committee on New Counties and County Lines, to-wit:
A bill to repeal an act changing the line between the counties of Jones and Bibb, and to establish the line between the same.
The following bills were read by their titles and referred to the Committee on Corporations, said bills having been read the first time :
A bill to incorporate the town of Rocky Mount, Meriwether county.
Also, a bill to amend the act incorporating the Habersham and Union Turnpike Company_
Also. a bill to amend the act incorporating the trustees of Masonic Hall, in the city of Augusta.
Also, a bill to amend the act incorporating the Barnesville Male and Female High School.
Also, a bill to r\"!peal all laws incorporating the city of Gainesville, and to incorporate the same, and define its limits.
Also, a bill to allow Henry King and John Anderson, of Union county, to peddle without license_
-Also, a bill to fix the compensation of Tax Collectors and Tax Receivers of Milton county_
Also, a bill for the relief of H. Y. Gibson, late Tax Collector of Monroe county, and his securities.
Also, a bill to prohibit the sale of liquors within two miles of Union Church, Monroe county.
Also, a bill to relieve Fielder Jackson and Green Jackson from State and county taxes.
Also, a bill to enable the treasurer of Oconee county to pay out money arising from fines and forfeitures in the County Coutrt of said county.

The following bills were read by their title and referred to the Committee on Finance, the said bills h3.ving been read in full a first time:

FRIDAY, }ANUARY 19, 1877.

141

A bill to exempt from taxation $200 worth of certain property.
Also, a bill to fix the per diem of jurors of Washington county.
Also, a bill to consolidate the offices of Secretary of State and Superintendent of Public vVorks.
Also, a bill to exempt from taxation five hundred dollars' worth of property owned by certain persons therein named.
Also, a bill to reduce compensation of members and officers of the General Assembly.
Also, a bill for the relief of Julius A. Bagby, Tax Collector of Pulaski county.
Also, a bill to amend section 898 of the Code. Also, a bill to release from homestead and exemption in certain cases. Also, a bill to secure costs to Justices of the Peace in certain cases. Also, a bill to make sheriff's titles to real estate good against all other titles. Also, a bill to fix the pay of grand and petit jurors of the county of Dodge. Also, a bill to regulate the compensation of Receivers and Collectors of taxes. .t !so, a bill to amend section 3, 545 of the Code. Also, a bill to repeal an act establishing a board of commissioners for the county of Fayette. Also, a bill to authorize the chairman of the board of commissioners of Mcintosh county, as ex-officio Mayor of Darien, to fine and imprison delinquent street hands. Also, a bill to change the time of holding the Superior Court of the county of Miller. Also, a bill to require the vote;s of Chattahoochee county to vote in their militia districts. Also, a bill to amend section 3, 911 of the Code, in ref erence to drawing jurors.

142

JouRNAL oF THE HousE.

Also, a bill to repeal an act establishing a board of commissioners for Habersham county.
Also, a bill to amend section 4, 057 of the Code, in relation to certiormis.
Also, a bill to provide for claimants in distress warrant cases, making paupers' affidavit.
Also, a bill to alter and define fees of Justices of the Peace, anci Notaries Public, and constables.
Also, a bill to authorize judgments at the first term, in certain cases, and to declare the lien of such judgments.
Also, a bill to provide for the appointment of commissioners of Mcintosh county.
Also, a bill to amend an act to prohibit the sale of spirituous liquors in the town of Milner, on the Macon and \Vestern Railroad.
Also, a bill changing the time of holding the Superior Court of the count1es of Pike and Rockdale.
Also, a bill to amend an act entitled act to amend section 4, 814 of the Code, so far as relates to the county of Richmond.
Also, a bill to abolish the County Court of the county of Troup, and for other purposes.
Also, a bill to abolish the County Court of the county of \Vebster.
Also, a bill to amend section 1,270 of the Code, so far as relates to the county of Wayne.
Also, a bill to reduce the bond of the sheriff of Wilkin son county.
Also, a bill to amend section 4,560 of the Code, in relation to vagrancy.
Also, a bill to amend an act establishing a board of commissioners for Talbot county.
Also, a bill to amend section 4,272 of the Code.
Also, a bill to amend section 1,574 of the Code, in reference to fees of Inspector of Fertilizers.

FRIDAY, }ANUAP.Y 19, 1877.

143

Also, a bill to amend section 2,617 of the Code, as amended by act of February 28th, 1876.
Also, a bill to secure to parties the right to be heard on the issue allowed under section 4, 083 of the Code, in reference to affidavits in forma pauperis,
Also, a bill to amend section 3,740 of the Code. A !so, a bill to amend section 3, 58;~ of the Code. Also, biB to change the oath of grand jurors, and to secure the better administration of pubiic justice. Also, a bill to amend section 9, article 5, of the Constitution of this State. Also, a bill to amend section 296 of the Code, so far as relates to the costs of the County Court Judge of Thomas county.

Mr. Carlton introduced the following resolution, which was read and agreed to, to-wit:
A resolutionThat the House Committee on Rules, the Senate agreeing, shall meet in joint session with a committee from the Senate for the purpose of proposing joint rules for the two Houses.

On motion of Mr. Green, Chairman pro tempore of the Committee on Enrollment, and by request of said committee, Messrs. Williams and Pilcher were added to the same.

Leave of absence was, on motion, granted to the Committee on the Deaf and Dumb Asylum after to morrow.

By request of the Committee on the Penitentiary and on motion of Mr. Kennon, Chairman of the same, Messrs. Roper and Harrell were added to said committee.

Leaves of absence were granted Messrs. Scruggs and Rawlins, also Messrs. Black, Anderson and Almon.

144

JOURNAL OF THE HOUSE.

On motion of lVlr. Stewart of Spalding, the House then adjourned to 10 o'clock to-morrow (Saturday) morning.

ATLANTA, GEORGIA,
Saturday, January 20, 1877. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. Mr. Evans.
On motion, the roll call was dispensed with.
The Committee on Journals submitted the following report, to-wit: Jvlr. Speaker:
The Committee on Journals have examined the Journal of the 19th and find the same correct.
The Journal was then read.
Leave of absence was granted Messrs. Guyton, Bowen, Moore and Goodrum.
Mr. l\Iatthews of Pike offered the following res0lution, to-wit:
Resolved, That all bills amending the Code of 187:3 be required to state the number of the section, and the section in full, as it would read if so amended.
Agreed to.
By Mr. WilliamsA resolutionThat the Finance Committee inquire into and report to this House how the $15,000 expended by the Superintendent of Public Works was disbursed.

SATURDAY, JANUARY 20, 1877.

14.5

By Mr. Reid of MorganA resolutionThat the Committees on Agriculture of the House and

Senate sit as a joint committee.

Agreed to.

Mr. Price, from the Committee on Education, made the

following report:

The committee have had under consideration a bill to abolish the offices of county school commissioner and members of the county board of education, in the counties of Fannin and Pickens, and to provide other agents for performing the duties now performed by the incumbents of those offices, and recommend that the bill do not pass.

Also, a bill to establish an academy of learning in the town of Hiawassee, in the county of Towns, and to appro-

priate money to build the same, which they recommend

do not pass.

\V. P.. PRICE, Chairman.

Mr. Thomas, Chairman of the Committee on New Counties ond 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 be entitled an act to change the lines between the counties of \Vilcox and Pulaski.
Also, a bill to be entitled an act to change the lines between the counties of Coweta and Meriwether.
Also, a bill to be entitled an act to change the lines between the counties of Carroll and Douglas, and for other purposes.
Respectfully submitted. W. \V. THOMAs, Chairman.
10

146

JouRNAL OF THE HousE.

Mr. Thomas, Chairman of the Committee on New Counties and County Lines, submits 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 be entitled an act to alter and change the lines

between the counties of 'vVashington and Johnson.

Also, a bill to be entitled an act to change the existing

county lines between the counties of Lowndes and Echols,

in this State.

Respectfully submitted.

W. W. THOMAS,

Chairman.

Mr. J. D. Stewart, chairman of the Judiciary Committee,
submitted the following report, to-wit:

Mr. Speaker:

The Committee on the Judiciary have had under consid

eration the following bill, entitled an act to provide for the

holding of a Convention of the people of this State, which

they recommend do pass, and direct me to request this

Hou!'e to make the same the special order for Monday

next, and from day to day until action is had upon the

same.

J. D. STEWART,

Chairman.

Mr. Stewart of Spalding moved to make the fee bill the special order for next Monday at 11 o'clock, and from day to day until disposed of.
Mr. Whittle moved to amend by adding, except where it may interfere with other special orders.
Mr. Whittle withdrew his amendment. Mr. Fry moved the same amendment. The amendment was adopted, and the bill was made the special order for Monday, and until disposed of.

SATURDAY, JANUARY 20, 1877.

147

Mr. Cox of Troup offered the following resolution, towit:
A resolutionThat the use of this Hall be tendered to the Hon. B. H. Hill, for the purpose of making an address on the political situation. Agreed to.

Mr. Stanford of Harris offered the following resolution, which was agreed to, to-wit :
A resolutionThat the Hon B. H. Hill be invited to a seat on the floor.

Mr. Green, Chairman pro tem. of the Committee on

Enrollment, submitted the following report, to-wit:

The Committee on Enrollment have, in accordance with

a rosolution of the House, examined. and find competent,

the following applicants for clerkships, and recommend

their appointment from this date, as we believe the clerical

work of the House renders it necessary:

Messrs. Brady, Wingfield, Lamar, Hudson, Estes, E.

B. Thomas, Matthews, Hardin, Simmons and Bell.

Your committee would furthermore recommend that

they be allowed the services of a clerk, Mr. J. C. Nisbet,

whom they have elected, as the business of the committee

requires his constant employment.

J. A. GREEN,

Chairman pro. tem.

Mr. James, Chairman of the Committee on Banks, submitted the following report:
Mr. Speaker: The Comm1ttee on Banks have had under their consid-
ation the following bill, which they report back to the House, with the recommendation that the same d') pass, to-wit:

148

JouRNAL oF THE HousE.

A bill to be entitled an act to amend an act incorporating the Bank of Rome.

They have also had under their consideration the fol-

lowing bill, which they recommend do pass as amended :

A bill to incorpotate the Merchants' Bank of Macon.

(Signed)

}No. H. }AMES,

Chairman.

Mr. Northen offered the following resolution, to-wit: A resolutionThat the chief Clerk appoint six assistant clerks, and their pay not to exceed five dollars per day. Mr. Turnbull moved to lay on the table, which motion prevailed.

Mr. Cox of Troup offered the following resolution, towit:
A resolutionThat in addition to the clerks of this House prescribed by the Code, the Clerk of this House, on application for the same, shall have leave to appoint twenty additional clerks to serve for not more than fifteen days each ; Provzdt'd, the Enrolling Commiftee shall deem such number necessary, and that there shall be no more clerical force appointed by him during this session, and that it is the sense of this House that all such appointees shall be examined by the Enrolling Committee, according to the plan prescribed in section 199 of the Code of Georgia. On motion, the resolu~ion was laid on the table.

The rules, on motion of Mr, Carlton, were suspended for the purpose of introducing the appropriation bill, as follows, to-wit:
By Mr. CarltonA bill to appropriate the sums therein mentioned for the purpo::e of carrying on the Executive, Legislative, and Ju-

SATURDAY, jANUARY 20, 1877.

149

diciary Departments of the State of Georgia, and for other purposes therein mentioned.
Referred to the Committee on Finance. Also, a bill to provide for the levying of taxes for the year 1877, and for Qther purposes. Referred to the Committee on Finance.

The following report was submitted by Mr. Evans, chair-

man of the committee to inquire what means could be used to improve the ac~ustic properties of the Hall:

7 o the Speaker of the House of Representatives :

The committee to whom was referred the propriety of

erecting acoustic wires in the House, and take steps to

have the same done, beg leave to report: That, after dili~ent inquiry, we are convinced that the
acoustic powers of the House will be greatly improved by

their erection, and have contracted to have said wins

erected at the small cost of twenty-five (2i>) dollars-the

work to commence immediately upon the adjournment of

this House to-day, and to continue from time to time when

the House is not in session.

January 20, 1877.

M. A. EvANS, Chairman.

The following communication was received and read, from Hon. N. C. Barnett, Secretary of State:

Hon. A. 0. Bacon, Spt:aker House Representatives: SIR-In compliance with a resolution passed by the
House of Representatives, requesting the Secretary of State, Treasurer and Comptroller General to report to the House the salary and fees received from their !':everal offices during the last fiscal year, I herewith present my report, to-wit:
The amount of my salary was two thousand dollars, ($2,000.)

150

JouRNAL OF THE HousE.

The amount of fees collec.ted and paid into the treasury,

wa<> five hundreu and four dollars and ninteen cents,

($504.19.)

All of which is respectfully submitted.

c. N.

BARNETT,

Secretary of State.

Atlanta, Georgia, January 20th, 1877.

Mr. Richardson of Whitfield asked a suspension of the rules, to allow him to introduce a preamble and petition, which was agreed to, and the same read and referred to the Committee on Reduction of Officers and Salaries.

Mr. Hood, Chairman of the Committee on Corporations, submitted the following repart:
Mr. Spraker: The Committee on Corporations have had under con-
sideration the following bills, which they recommend do pass, towit:
A bill to be entitled an act to incorporate the Kennesaw Mill Company, in the city of Marietta, in the co'unty of Cobb.
Also, a bill to be entitled an act to amend an act to incorporate the Georgia Home Insurance Company, approved December 12, 1859.
Also, a bill to be entitled an act to amend an act entitled an act to incorporate the trustees of the Masonic Hall, in the city of Augusta, approved December 22, 1827.
Also, a bill to be entitled an act to contract the corporate limits of the city of Athens.
Also, a bill to be entitled an act to incorporate the town of Rocky Mount, in the county of l\Ieriwether.
Also, a Lill to be entitled an act to incorporate the Milledgeville Manufacturihg Company.

Also, the following bills, which they recommend do pass by substitute, to-wit.

SATl:RDAY, JANUARY 20, 1877.

151

A bill to be entitled an act to amend the several acts incorporating the town of Jonesboro, in Clayton county.
Also, a bill to be entitled an act to incorporate 'vVofford Academy in Bartow county.

Also, the following bill, which they recommend do pass as amended, to-wit:
A bill to be entitled an act to incorporate the Oostanaula and Coosawattee Steamboat Company.

The following communication was received from J. \V,
Renfroe, State Treasurer, to-wit:

To the Hon. Speaker mtd House of Representatives :

In compliance with the resolution of your honorable

body requesting the Treasurer "to report to the House on

Monday next the salary and fees received from his office

during the last fiscal year," I have the honor to report that

I have received only the lawful salary of $2,000 per an-

num, and my clerk the lawful salary of $1,600. No fees

of any kind have been received either by myself or by any

assistant.

Respectfully submitted,

w. J.

RENFROE,

Treasurer.

Mr. Green offered the following resolution, to-wit: A resolutionThat the Clerk of the House be allowed and authorized to employ the ten clerks recommended as competent by the Examining Committee. Agreed to.
The regular order being the reading of House bills the third time for final disposition, the following were taken up, read the third time, and disposed of as hereinafter stated, to-wit:

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JOURNAL OF THE HOUSE.

By Mr. StokelyA bill to incorporate the Wofford Academy, and for other purposes. ?assed by substitute. By Mr. Penn of ChattoogaA bill to incorporate Trion Manufacturing Company, and to grant certain powers to the same. Passed. By Mr. Cloud of ClaytonA bill to amend the several acts incorporating the town of Jonesboro. Passed by substitute.

Mr. Carlton, the chairman of the Committee on Finance, submitted the following report:
Mr. Speaker: The Finance Committee have had under consideration
the following bills, which they recommend do pass: A bill to exempt certain persons in the State from tax
duty. Also, a bill to regulate the pay of commissioners of roads
and revenues for the county of Glascock. Also, a bill for the compensation of jurors and bailiffs in
the county of \Vebster.

They also unanimously recommend that the following bill do pass, as amended.
A bill to repeal sections 197, 198 and 1,645 of the Code of Georgia, and to adopt new sections in lieu thereof.

They also recommend the following bills to be referred

to the Judiciary Committee :

'

A bill to provide for the payment of insolvent costs due

the clerk of the Superior Court and sheriff of the county of

Clinch.

Also, a bill to amehd section 4,441 of the Code of 1873,

SATURDAY, JANUARY 20, 1877.

153

by extending the provisions of said section to unenclosed lands ; and also, by striking out certain words in said section, confining the protection therein given to sheep only.
H. H. CARLTON, Chairman.

By Mr. PhillipsA bill to incorporate the Kennesaw Mills Company, of the county of Cobb. Passed.
By Mr. HarrellA bill to amend the several acts incorporating the town of Bainbridge, and for other purposes. Passed.
By Mr. DuggarA bill to abolish the offices of county school commissioner and members of the board of education, so far as the same relates to the counties of Fannin and Pickens, and for other purposes.
On motion of Mr. Duggar, the bill was recommitted to the Committee on Education.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has passed the following, to-wit:
A bill to repeal an act to authorize the Judges of Superior Courts of the Western Circuit to fix the compensation of Ordinaries, Clerks Superior Courts and sheriff<>, in White, Rabun and Hall counties, so far as the same relates to White county.
Also, a bill to prohibit the sale of spirituous liquors in the village of Danburg, in the county of Wilkes.
Also, a bill to amend section 4,528 of the Code of Georgia.

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JOURNAL OF THE HOUSE.

The Senate has concurred in the following resolutions of

the House of Representatives, to-wit:

A resolution requesting the Governor to communicate

to the General Assembly his views in regard to retrench-

ment and reform.



Also, a resolution providing that the Committee on Ag-

riculture, of the Senate, and the Committee of the House

of Representatives be made a joint committee.

By Mr. ReeceA bill to amend the act incorporating the Bank of Rome. The Committee on Banks, to whom the bill had been referred, reported the same back to the House with the recommendation that it do pass, which report was agreed to. Upon the passage of the bill, a constitutional two-thirds majority being necessary, the vote was taken viva voce. Those voting in the affirmative are, Messrs.-

Almon, Allred, Atwood, Awtry, Bacon of Liberty, Blood worth, Blue, Branch. Brewer, Brown of Upson, Bunts, Burch of Thomas, Burch of Elbert, Callaway, Candler, Car!ton, Case, Causey, Cloud, Cochran,

Harden,

Puckett.

Harrell,

Ragsdale,

Harralson,

Rawlins,

Hawes,

Reid of Putnam,

Hillyer,

Richardson,

Hollis,

Roberson,

Hogan of Carroll, Robson,

Hood,

Roper,

Hughes,

Rouse,

Humber,

Shaw,

James,

Sheffield of Early,

Johnston,

Sheffield of Miller,

Jones of McDuffie, Sikes,

Jordan of Pulaski Simms,

Kennon,

Smith of Oglethorpe,

Key,

Smith of Echols,

Kimsey,

Smith of Walton,

Kirby,

Smith of Butts,

Knox,

Stanford,

Leach,

Stewart of Taylor,

SATURDAY, JANUARY 20, 1877.

Colley,

Marshall,

Stewart of Milton.

Collin~,

Matthews of Pike. Stewart of Spalding,

Cox of Bryan,

Matthews of Talbot, Stokely,

Davison.

Maund,

Strickland,

Davis of Bibb,

McAfee,

Thomas,

Davis of Houstvn, McDonald,

Tumlin,

Davis of Stewart, .McGar,

Turner,

Dozier of Quitman, Moses,

Turnbull,

Dudley,

Murray,

\Vade,

Duggar,

Northen.

Walton of Haralson,

Evans,

Ottis,

\Valsh,

Faircloth,

Owenby,

Wall,

Fletcher,

Paul,

\Vise,

Fortner,

Pearson,

\Vilkes,

Frederick,

Peck,

Willis,

Freeman,

Penn,

Whittle,

Fry,

Phillip' of Carroll, Wilson,

Grant,

Phi!lips of Cobb, Wooldridge,

Grav,

Pickett of Rahun, Williams,

Green,

Pickett of Gilmer, Wolihin.

Gresham,

Polhill.

WillinghJm,

Glover of Twiggs, Pope,

Wilcox.

Hammond.

Pr!ce,

Yeas, 127.

So the bill passed by the requisite constitutional majority.

The following message was received from His Excellency the Governor, through Mr. Avery, his secretary, to-wit:
Mr. Speaker: I am directed by His Excellency the Governor to deliver
to the House of Representatives a communication in writing.

On motion of Mr. Stewart of Spalding, the communica-

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JOURNAL OF THE HOUSE.

tion from the Governor was taken up and read, and is as follows:
ExECUTIVE DEPARTMENT, ATLANTA, GA., January 20, 1877.
To tlze General Assembly :
In response to your joint resolution of inquiry and request, I beg leave to submit the following suggestions in regard to the financial matters of the State, which, in anticipation of your action, I have prepared, in order that I might be able to reply promptly to your request, and save delay in the legislation deemed necessary.
The condition of Georgia is sucli that it is proper that we, who have been chosen to administer her public affairs, should try to devise some means to lessen the burdens of the State go'(ernment.
In the year 1876, the amount expended for the public service, as reported by the Comptroller, was $2,280,435. 46. Of this a~ount $1,336,177.95 was paid on the principal and interest of the public debt, of which $100,000 was principal and the balance interest. The large payment of interest included a part of nearly three years' defaulting interest on the endorsed bonds of the Macon and Brunswick and North and South Georgia Railroads, said interest amounting to $544,342.12. This left the sum of $944,257.51 as expended for the other disbursements of the State government.
Our public debt, at present, upon which we have to pay interest by taxation of the people is, $10,671,500, upon which the yearly interest is $7 48,005. Of the principal of the debt, $100,000 is to be paid this year. This makes the sum of $848,000 necessary to be raised by taxation for the public debt alone.
It will be observed that I have included in the statement of this debt the sum of $2,224,000, this being the State's liability on the endorsement of the bonds of the Macon and Brunswick, North and South Georgia, and Memvhis

SATURDAY, JANUARY 20, 1877.

157

Branch Railroads-the two first railroads being now in the possession and under the control of the State.
If the current expenses of the State continue the same as last year, viz: $944,257.51, then, by adding to that amount the sum of $848,005, that must be paid on the public debt, we get the large sum of $1,792,250 as the amount to.be raised this year for our public expenditures. As the Comptroller General has estimated t:he probable receipts of the State at the sum of $1,457,000, you will see that we will have a deficit of $325,256 to be paid up by increased taxation, by a system of economizing, or by the plan of a temporary loan, as appears to have been the custom. Increased taxation is to be avoided if possible Our receipts of taxes must be necessarily less, because property has depreciated in value in the last year fifteen million dollars, and it may be well for us to recognize the unwelcome fact that it is probable that property everywhere will undergo still further depreciations this year. Even at the same rate of taxation, the income will be less, as the property to be taxed has fallen off in value, and, therefore, if we can administer the State Government at the same tax, we shall have effected some retrenchment. The remedy for us is to economize, and I have given no little anxious thought to this problem of possible economy.
So far as the public debt is conc~rned, we need expect no lightening at present of its burdens. vVe must pay promptly principal and interest as they fall due, and we must pay the interest in money, so as not to increase the principal of the debt. It may be proper to offer our regular bond creditors the privilege of either payment in money or in new bonds at a lower rate of interest.
One incident of our financial practice has been a floating debt, carried over from one year to another, and not included in the statement of the public debt proper. This isregularly reported under the head of temporary loan. It would be well for us to get rid of this as soon as we can.

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Last year the money temporarily borrowed was $350, UOO, and the amount paid out under this head, up to the date of Comptroller's report, including interest, was $312,000. The idea of maki~g this loan is not to burden the people by taxation to pay its principal, but to relieve by raising simply the interest to carry it. This temporary loan is the part of the sum of $944,259'. 51, referred to as outside the money paid on the public debt, being the sum covering the general expenses of the State government. Take this temporary loan of S312,000 from the $944,259, and we have about $630,000 as the real amount of the curre!}t expenses to be raised, taking last ye~r as a basis of calculation. When we can bring down our taxation to cover this sum, the burden of the government would be light on the people. But we cannot now lessen the State debt to any appreciable extent, nor are our people in a condition to be taxed to raise money to pay the floating debt.
If, as has been the past experience, the receipts will not enable us to pay this floating debt, I would suggest, as the most practicable and convenient disposition of the matter, that bonds at 6 per cent. interest be issued to retire it and all other past floating debts. The interest upon the bonds will be less than the cost of a temporary loan, while much inconvenience will be saved, and the liability will be added where it properly belongs, viz: to the re1ular debt.
If there is any possibility of retrenchment-and my judgment, after <;areful scrutiny, is that expenses can be reduced, and saving made to some extent-it will come from a more exact return of property for taxation, a more rigid collection of taxes, saving in the cost of collecting the taxes, reduction in the cost of legislation and clerk hire of the General Assembly, diminution in the outlay of the contingent, printing and building funds, in the appropriation by the State of all perquisites, in the reduction, so far as practicable, in the number of clerks in the various departments, and in cutting off all unnecessary offices.

SATURDAY, JANUARY 20, 1877.

159

Small economies practiced in every branch of the government, will aggregate a handsome saving of the people's money.
An examination of the Comptroller's reports for the last twenty-five years, shows that, since the war the amount of uncollected tax and the cost of collecting the tax, are greater in proportion to the tax than before the war. They now average each ten per cent. of the tax, or both twenty per cent. of the whole. Before the war the largest figure that these two items reached was one-sixth, or sixteen per cent. of the whole. This was in 1854. The tax assessed that year was $449,990. The net tax was $374,914,)eaving $75,076, or one-sixth, as the lost tax and cost of collection. The closest and cheapest collection of State tax was in 1853, when the whole amount of tax uncollected and cost of collecting was one-tenth of the whole, and the general average of these two items before the war was one-seventh, or only fourteen per cent. of the whole. Now the average is twenty per cent. In the year 1874, by way of example, the aggregate tax was $1,365,460, and the whole collected tax was $1,211,628, leaving a balance of $153,832 of uncollected tax. The net tax was $1,092,029, showing as the cost of collecting the tax the large sum of $119,599. This includes the Receivers' fees. The two items of uncollected tax and cost of collection that year, therefore, summed up $573,431, being one-fifth or twenty per cent. 0f the whole tax_ If the average had been the same as before the war, of fourteen per cent., in uncollected tax and cost of collecting, instead of twenty per cent., the saving to the people would have been six per cent. of the whole, or the amount of $68,273. The rule of ordinary compensation for collections is that it diminishes in proportion as the amount increases. We have here in our State matters the cost increasing as the amount to be collected becomes larger. It will be seen, therefore, that there is a chance to increase the public revenue in

160

JouRNAL oF THE HousE.

these two items of reducing the cost of collection and the uncollected tax.
The law of compensation of Tax Receivers and Collectors has been changed, and th law of reduced compensation goes into effect this year. In 1876, under the old law, the compensation of these officers was $135,000 for collecting the tax, property, poll and professional, of $1,476,017, or nearly one-tenth. Under the new law the saving will be between twenty and twenty five per cent., or $30,000 of the $135, 000. A consolidation in more of the small counties of the offices of Tax Receiver and Collector, under a law that requires returns of assessments to be made as now. with a reduction of the compensation al-
lowed the two, would operate a still further saving. In the hasty examination given this subject, no sufficient
reason occurs to me why such a law might not be general. 'vVe shall, under the new law, have a considerable sav-
ing in the cost of collecting the tax. Let us see if still further saving cannot justly be made. It ought not to cost over $90,000 to assess and collect our tax. \Ve should thus have a saving of $45,000. The loss of uncollected and insolvent tax should not be more than five per cent. If, before the war, the average of loss was only six per cent., we ought to now be able to do as well. Every dollar of uncollected tax is. a wrong to those who pay their taxes promptly. There is no justice in exempting one man's property and burcening another's. Instead of $150,00t\ of uncollected tax out of a million and a quarter of assessments, there should be not one-half of that amount.
I find, by reference to the Auditor's report of Virginia, that the cost in 1876 of receiving the tax of $2,477,714, was only $47,071, while in Georgia it was $67,961 for receiving $1,229,265 of tax. And the uncollected tax was only $51,000 in Virginia, while it was more than double that in Georgia. The practice in Virginia will show that a much closer and cheaper collection of the tax can be made.

SATURDAY, jANUARY 20, 1877.

161

If we now add the increased tax resulting from a juster appraisement of property, we can see a chance for still more revenue.
Taxable property is notoriously returned at less than its value. I find, by referenee to the census of 1870, thar the estimated difference between the returned and the true value of the property in Georgia was some forty million dollars, it being returned then at $227,219,519 and estimated at $268,169,207.
In this matter of revenue from taxes there is possible ground for its increase in other ways. It is a grave question how far the tax laws should be amended so as to make th.e tax equal on individuals and corporations, whether the real and personal property of every kind of the incorporated institutions of the State should not be made to pay full State and county taxes, respect of course being observed to vested rights. Telegraph and express companies pay too little tax in proportion to their wealth and transactions. I find that in the year 1876 the express companies, with considerable property and an office in every city and town, and doing thousands of dollars of business, only paid the State $658.12 of tax. In Alabama it paid $2,000. The telegraph company paid only $520. 58 of tax in Georgia. The sleeping car company only paid $374. 48. These seem small revenues from such large and wealthy interests. In Virginia, in 1876, the tax from telegraph companies was $4,310, or $3,790 more th:m in Georgia. In Wisconsin this tax was $2 288, or $1,768 more than in Georgia. I can only call your attention to these few details as matter for investigation.
It may be practicable to revise the civil list. In 18,}2 there were twelve judicial circuits, and the cost of the judiciary was $33,825. In 1861 there were sixteen circuits, costing about $55,000. In 1876 we had twenty circuits, the judiciary costing about $80,000.
11

162

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If twelve judges did the work in 1852, and sixteen in 1861, the question arises .whether less than twenty can properly perform the same work in 1877. In 1856 the taxable property was $495,478,045; in 1861, $643,803,000, and in 1876, $245,853,750, or one-half less than in 1856, when the twelve judges administered the law. It is true that while properly the material of litigation decreased so much, the voting population, the material for litigants and criminals, has grown from 101,505 polls in 1861, to 208,939 in 1876.
This increase of polls has been due to growth of population and of the endowment of the colored people with citizenship, and this increase, affected by the demoralizing influence of war, has multiplied crimimils and crime. But the disturbed social condition resulting from war is passng away, and order prevails. As an offsst against the increase of criminal business, there is less civil litigation as the result of the decrease of property. Lawyers everywhere in the State complain of insufficient business, and the large increase in the number of applicants for the offices of Socilitor General ami Judge attest the lack of fees. I have the opinion of some of the judges of the courts, that the number of circuits can be decreased without injury to the State. Some of the judges have all they can well do. Others could easily do more.
The increase of courts-county and city-and the raising of the jurisdiction of the lower courts, has rendered fewer circuits necessary.
The reduction of the judiciary to sixteen circuits would save the State a large amount. I find the sum of $2,455 paid in 1876 under the Solicitor General's act of 1858, and about this amount is paid yearly. This is a compensation to Solicitors General for cases carried to the Supreme Court, ;:tnd is about equivalent to their expenses in attending that Court. This amount could be saved by having the Attorney General to attend to such cases without cost, the

SATURDAY, JANUARY 20, 1877.

163

Solicitors sending him briefs. This would not diminish the compensation of Solicitors, while it would save the State considerable expense.
The offices of Superintendent of Public Works, of 'Wild Land Clerk, and Physician of the Penitentiary, are unnecessary, and can, in my judgment, be abolished without detriment to the public interest. My present idea is to impose the duties of Superintendent of Public Works upon one qf the persons in the Executive Department; \Vhether the clerical force in any of the departments can be reduced, is a proper matter for you to investigate and determine.
I venture to suggest a considerable item of saving in the clerical service of your own body. The expense of clerk hire has been thought by many to be too large. In 1876 the House, with 175 members, had 74 attaches, and the Senate, with 44 Senators, had 50 attaches. The cost of the>"e 124 attaches for 219 members, or one to two, was $26,343. Over $15,000 ought to be saved in this clerical work.
There is good reason for the opini9n that the existing system of public printing should be remodeled. The profits of this work are excessive, as I am informed by those who have tried it. The State pays too much for the work done, and there is too much printing. A private individual could and would get the work done cheaper. The basis of cost upon which the State pays 25 per cent. of profit, has itself a margin of profit. And the amount of printing executed is in excess of the public needs. More copies of the laws and journals are published than are required. Perhaps nearly every member can call to mind in county towns boxes of undistributed laws a1 d journals, or distributed to persons not entitled to them. It is useless to be publishing copies not demanded for the public benefit.
The fees of inspectors of oils and fertilizers are generally in excess of a fair salary. In some places they amount to a magnificent income. By paying the inspectors a reason-

164

JouRNAL OF THE HousE.

able salary, and requiring the balance of tfie fees over the salary to be paid into the treasury, revenue could be derived from this source.
I would suggest that there can be effected an economising in each one of the foregoing items of State expense, to which I have referred, amounting in the aggregate to about the sum of $150,000. If this could be realized, the amount saved would pay the interest on over two millions of the public debt.
Savin~s may not be practicable in all of these matters, but it behooves us to attempt in earnest all of them that are possible. A reduction of $150,000 of the $630,000 that it takes to pay the current expenses of the State Government, would be an important benefit to the tax payers. It would be a decrease of over one.fourth in these expenses. If all the servants of the public will co-operate in this attempted retrenchment, we can accomplish a great deal. Nor r!oes the work stop with the officers and expenses of the State. In county and city matters the reform can be carried on, aiding us in our State retrenchment.
\Ve find, in 18i0, that the tax in Georgia was as follows: State tax .....................................................$945,394 County tax ................................................. 906, 2i0 J\1unicipal tax............................................. 7i5,365

Total ................................... ,........... $2,62i,029
Our people paid that year over two and a half millions of taxes. The county and municipal taxes were each nearly as large as the State tax. A reduction in these will relieve the tax-payers. While the State cannot regulate the city tax, it can, by proper general laws, improve county management, and county officers by good administration can make the inevitable burden of State taxation easier borne.
I do not mean, in urging a policy of reduced expenditure,

SATURDAY, JANUARY 20, 1877.

165

to contend for either parsimony in salaries or a crippling of the needed machinery of the government. The State must be just to her servants, and alive to her own necessities and dignity. Poorly paid officials will nor render faithful service, and the administration of the affairs of the Commonwealth must not be cramped in any department; and, while I argue for State economy, I would not have you understand that in the candid statement of the reasons for it, there is cause for our being ashamed of our financial standing in comparison with other States. The statistics show that Georgia is in a better condition in proportion of wealth to debt than any of her sister Southern States, and our securities stand higher in the commercial world. Our debt has increased, but the increase is due to an administration that unfortunately governed us for a few years since the war. In gpite of all the drawbacks of that burdensome rule and the depreciation of values last year, there has been an increase in Georgia since 1870, of over $-10,000,000 in wealth, and over 40,000 polls, and our per capta tax is far less than that of the best governed and most prosperous States of thP North and West.
In conclusion, it should be borne in mind that the extent of your appropriations is the measure of taxation. If you limit the rate of taxation, you must necessarily limit the appropriations accordingly, unless the pernicious policy prevails of running expenditures beyond receipts, and swelling the public debt. Let us proceed in this patriotic work of retrenchment resolutely, yet wisely and carefully. Let us begin at the bottom and work up. Let the people give in their whole property at just valuation. Let the tax be impartially imposed and rigidly collected. Let every dep:!rtment of the public service-city, county and Statebe.economically and faithfully administered. Let all superfluous offices and unnecessary expenses be cut off. Let new debt be avoided and old debt promptly paid. Let a

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JouRNAL OF THE HousE.

high sentiment of public duty animate all public officials, and we shall see a most gratifying result.
ALFRED H. CoLQUITT.

On motion of Mr. Walsh, the message was referred to the committee on Finance.

The regular order was resumed.

By Mr. Reese of FloydA bill to incorporate the Oostanaula and Coosawatchie River Steambc>at Company. Amended and passed. By Mr. Reid of MorganA bill to empower the Mayor and Aldermen ofthe city of Madison to provide for the registration of voters. Passed. By Mr. Matthews of PikeA bill to consolidate the offices of Tax Receiver and Collector in the county of Pike. Passed. By Mr. HoodA bill to amend section 4, 370 of the Code, relative to shooting at another. Passed. By Mr. Davis of StewartA bill to fix the fees of the sheriffand jailer in the county of Stewart. Passed, By Mr. M1.tthews of TalbotA bill to change the punishment of arson in the country.

The Judiciary Committee, to whom this bill was referred, reporte<i the same back, with the recommendation that it do not pass.
Mr. Matthews of Talbot moved to disagree to the report of the committee, which motion did not prevail.

MONDAY, } ANUARY 22, 1877.

167

The report of the committee was then agreed to, and the bill was lost.

By Mr. Brown, of UpsonA bill to establish a b0ard of commissioners qf roads and revenue for the county of Upson. Passed. By Mr. McDonaldA bill to regulate the fees of all jurors and bailiffs in the county of Ware. Passed. By Mr. Kendrick of WebsterA bill to reduce the sheriff's bond m the county of \Vebster. Passed.

Leave was gra.nted Messrs. Fort and Hutchins.

On motion the House then adjourned to next Monday mornipg at 10 o'clock.

ATLANTA, GEORGrA,
Monday, January 22, 1877. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. Mr. Cloud.
The roll was called, and a quorum found to be present.
The Committee on Journals, through Mr. Willis, chairman, submitted the following report: Mr. Speaker:
\Ve have examined the Journal of Saturday, the 20th, and find the same correct.

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JouRNAL OF THE HousE.

\Vc have also examined the Journal of the 18th, specially

referred to this committee, and find the same corrected

and re-written, and approve the same.

\Ve also approve the Journals of previous days, up to

the dates mentioned.

WILLIS, Chairman.

Mr. Northen of Hancock moved to reconsider the resolution of Saturday, relative to the appointment of ten clerks by the chief Clerk.
l\lr. Turnbull moved to lay the motion to reconsider on the table, which motion prevailed.

Mr. Moses moved to reconsider the bill consolidating the offices of Tax Receiver and Collector in the county of Pike, which motion prevailed.

Mr. Allred moved that the use of this hall be tendered to Hon. James M. Smith, at i o'clock to"-night, to deliver an address to the General Assembly, in compliance with an invitation which had been extended him to do so.
The motion was agreed to.

Mr. Whittle, Chairman of the Joint Committee on Repairs and Refurnish;ng the Execetive Mansion, submitted the following report, which, on motion, was referred to the Committee on Finance :
Mr. Speaker: Upon examination of the mansion, they find the same
leaking and requiring immediate repairs, and the furniture much worn and broken, needing upholstering and replacing.
They recommend that the sum of fitteen hundred dollars be appropriated for immediate repairs and refurnishing, tJ be made under the supervision of his Excellency the Governor.
And they further recommend that the Governor dispose of the broken and useless furniture, broken sets of crock-

MoNDAY, JANUARY 22, 18i7.

169

ery, etc., and reinvest the proceeds in refurnishing the manswn.

Under a suspension of the rules, Mr. Cochran of Pierce offered the following resolution, to-wit :
A resolutionThat the Committee on the Fnblic Library be instructed to inquire into the number of public journals, etc., furnnished public officers in this State, and what reduction, if any, can be made in same. Referred to Committee on Public Library.

Mr. Pilcher offered the following resolution, towit: A resolutionThat a committee of three from the House and two from the Senate secure the services of a competent architect to examine and report as to the safety of this building. Laid on the table.

Mr. Case of Dade offered the following resolution, towit:
Rfsolved, That the Senate and House of Representatives do adjourn immediately upon the election of United States Senator, to the 14th day of March next.
Laid on the table.

The regular order being the call of counties for the introduction of new matter, the following bills were introduced and read the first time, to-wit:
By Mr. RobersonA bill to fix and regulate liquor license in the county of Appling. Referred to the Committee on the Judiciary. By Mr. Cox, of BryanA bill to amend certain acts for the protection of game in the county of Bryan. Referred to the Com.mittee on the Judiciary.

170

JouRNAL OF THE HousE.

The following message was received frpm the Senate through Mr. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has passed the following bills, to-wit: A bill to amend sections 2, f)37 and 2, 539 of the Code. Also, a bill to change the time of holding the Superior Courts in the counties of Baker, Calhoun, Decatur and Lee. Also, a bill to amend section 3, 297 of the Code. Also, a bill to provide for the sale, by administrators, guardians or executors, of railroad and bank stocks. Also, a bill to amend section !3, 216 of the revised Code, and to make the same applicable to cases of mandamus. By Mr. CorkerA bill to incorporate the town of Midville, in the county of Burke. Referred to the Committee on Corporations. By Mr. Smith of ButtsA bill to prevent the obstructing of public roads in this State, and for other purposes. Referred to the Committee on the Judiciary. Also, a bill to repeal certain acts regulating the sale of liquors in Butts. Referred to the Committee on Internal Improvements. By Mr. PaulA bill to create a board of commissioners of roads and revenues for the county of Calhoun. Referred to the Committee on Judiciary.

The hour of 11 o'clock having arrived, the special order being the bill ''To provide for the holding of a Constitutional Convention," was taken up.
Mr. Fry moved to postpone the bill, and make it the special order for next Monday at 11 o'clock, which motion did not prevail.

MoNDAY, JANUARY 22, 1877.

171

The bill was then read.

An amendment was offered by Mr. Hillyer and read.

The House then went into Committee of the whole

House for the consideration of the bill.

The committee arose, reported progress, and asked leave

to sit again.



On motion of Mr. \Vhittle, and under a suspension of the rules, the following Senate bill was taken up and read the first time, to-wit:
A bill to amend section 3,216 of the Code. Referred to the Judiciary Committee.

Mr. Russell. chairman Committee on Privileges and Elections, submitted the following report, to-wit: Mr. Speaker:
The Committee on Privileges and Elections have had under consideration the petition of W. \V. Dews, protest ing against the right of A. L. Harris to his seat as Representative of the county of Baker, and ask leave to make the following report: ~-
The Committee have given the case a thorough investigation, and, in the opinion of the majority of the committee, W. W. Dews received the highest number of votes legally cast at the election for Representative of Baker county, and is entitled to the seat now held by Mr. Hawes.
Your Committee therefore submit the following resolution for the consideration of the House.
Resolved, That at an election held in the county of Baker on the fourth day of October last, for members of the General Assembly of this State, that A. L. Hawes did not receive the highest number of legal votes legally polled for Representative of said county of Baker, in the present General Assembly; that A. L. Hawes is not entitled to retain his seat as Representative of said county; that W. W. Dews, having received the highest number of legal

172

JOURNAL OF THE HOUSE.

votes legally polled for Representative of said county, is

entitled to the seat as Representative of said county of

Baker.

[Signed)

PHILLIP M. RTJSSELL,

Chairman.

A motion that the report be taken from the table was lost.

Mr. Fry moved to adjourn to 10 o'clock to-morrow morning.
Mr. Turnbull called the yeas and nays, which call was not sustained.

Leave of absence was granted Messrs. Brewer, Wilcox and Goodrum.

The House then adjourned to 10 o'clock to-morrow morning.

ATLANTA, GEORGIA,
Tuesday, January 23, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.

The roll call was, on motion, dispensed with.

Mr. Willis, chairman of the Committee on Journals, made the following report, to-wit :

Mr. Speaker:

The Committee on Journals have examined the Journal

of yesterday, the 22d, and report the same correct and ap

proved.

WILLIS, Chairman.

TuESDAY, JANUARY 23, 1877.

173

The Journal was then read and approved.

The following resolution was offered by Mr. Whittle, and agreed to, to-wit:
Resolved, That this House will to-day, at noon, proceed to elect a Senator in the Congress of the United States, for the term of six years from and after the fourth of March next.

Mr. Awtry offered the following resolution, to-wit:
That the committees of the House and Senate, on Public Printing, be made a joint committee.
Agreed to.

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

Mr. Speaker:
The Committee on the Judiciary have considered the following bills, which they recommend do pass, to-wit:
A bill to be entitled an act to repeal an act, so far as the county of Schley is concerned, and to amend an act entitled act to organize a Criminal Court in the county of Marion, and others, approved February 22d, 1873, and also an act approved March 4th, 1875.
Also, a bill entitled an act to repeal an act entitled an act to allow the commissioners of roads and revenue of the county of Effingham to change and regulate the charges for license to sell spirituous liquors in said county, approved August 24th, 1872, and to provide the mode of granting licenses to sell the same in said county.
Also, a bill to be entitled an act to provide for a county board of commissioners for the county of Heard, and to prescribe and define powers and duties thereof, approved August 24th, 1872.

174

} OURNAL OF THE HOUSE.

Also, a bill to be entitled an act to prohibit the sale of ardent spirits or intoxicating liquors within the 821st District G. M. of the county of Lumpkin.
Also, a bill to be entitled an act to regulate the per dt'em of grand and traverse jurors for the county of Oconee._
Also, a bill to regulate pay of jurors and bailiffs of the county of Paulding.
Also, a bill to be entitled an act to amend an act entitled an act to amend an act to organize a criminal court in the counties of DeKalb, Henry, Carroll and Sumter, so that the same apply to the militia district in which is situated the city of Barnesville, in the county of Pike.
Also, a bill to abolish the County Court of the county of Marion.
Also, a bill to be entitled an act to amend section 3,216 of the Revised Code, 1873, and to make the same applicable to cases of mandamus.
Also, a bill to be entitled an act to give the board of commissioners of the county of Chatham and the Mayor of Savannah the power to compel the removal of persons who have small-pox to the small-pox hospital, and to make vaccination compulsory.
Also, a bill to be entitled an act to provide for the election of County Treasurer of the county of Burke.
Also, a bill to be entitled an act to regulate the per dzem of jurors and bailiffs in the county of Berrien.
Also, a bill to be entitled an act to reduce the bond of the sheriff of the county of Columbia.
Also, a bill to be entitled an act to prohibit the sale of spirituous liquors within one mile of Berzelia, a station on the Georgia Railroad, in the county of Columbia.
Also, a bill to be entitled an act to consolidate certain county offices in the county of Charlton, and f:>r other purposes.
Also, a bill to reduce the sheriff's bond in the county of Clinch.

TUESDAY, jANUARY 23, 1877.

175

Also, a bill to be entitled an act to repeal an act 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 ~.I arch 2d, 1874, so as to apply the provisions of the same to the district embracing the county site of the county of Douglas, approved February 23d, 1876.
Also, a bill to be entitled an act to authorize the transfer of certain cases from the Superior Court of the county of Fulton to the City Court of Atlanta, and m"ce versa.
Also, a bill to be entitled an act to amend an act to create a board of commissioners for the county of Green, approved February 1-!th, 1876.
Also, a bill to be entitled an act to amend certain acts regulating the pay of jurors and providing for the extra compensation of county officers and the payment of insolvent costs claimed against the comity of Effingham, approved February 17th, ].)/d, and February 23d, 1876.
Also, a bill to Le entitled an act to prevent the sale of spintous or int.)xicating iiquors within three miles of "ConsoLition B.tptist Church." To which bill the committee offer an amendment, and recommend that the same do pass a:; amended.
Also. a biil to be entitled an ant to regulate the pay of jurors and bailiffs in the county of Crawford. To which bill your committee offers an amendment, and recommend that the same, as amended, do pass.
Also, a bill to be entitled an act to abolish the County Court of Carroll county and for other purposes. To which bill the committee subm1ts an amendment, and recommend that the same, as amended, do pass.
Also, a bill entitled an act to repeal an act assented to on the 20th day of February, 1873, to compel the Tax Collectors of Brooks and l\Ionroe to receive any debts due by said counties in payment of taxes, and for other pur-

176

JouRNAL OF THE HousE.

poses. To which bill said committee offer an amendment, and recommend that the same, as amended, do pass.
Also, a bill to be entitled an act to amend an act entitled an act to constitute a board of commissioners of the county of Meriwether. To which bill your committee offer an amendment, and recommend that the same, as amended, do pass.

The committee have considered the following bills, which they recommend do not pass, to-wi~:
A bill to be entitled an act to render females eligible to the office of State Librarian.
Also, a bill to be entitled an act to alter the law in reference to the lien of judgment in this State.
Also, a bill to be entitled an act to limit the power of the grand jury of the county of Ware, and the Ordinary, in the assessment of county taxes.
Also, a bill to be entitled an act to limit the number of grand jurors, and to distribute the selection of the same.
Also, a bill to be entitled an act to alter the law in reference to the recording and lien of mortgages, and for other purposes.
Also, a bill to be entitled an act to change the time of closing the polls at the several precincts in this State.
Also, a bill to be entitled an act to amend an act establishing Criminal Courts in the counties of DeKalb, Henry, Carroll and Sumter, approved February 22d, 1873.
Also, a bill to be entitled an act to repeal an act entitled an act to encourage the manufacturing of <!otton fabric;s in the State of Georgia, approved August 27th, 1872, and to repeal an act entitled an act to encourage the !llanufacturing of cotton in this State, approved February 19th, 1873.
Also, a bill to be entitled an act to repeal section 346 of the new Code of Georgia.
Also, a bill to be entitled an act to regulate the compen-

TUESDAY, jANUARY 23, 1877.

177

sation of jurors in the county of Decatur, etc., approved February 28th, 1876.
Also, a bill to be entitled an act to regulate the manner and place of voting.
Also, a bill to be entitled an act, to require all railroad companies to pay promptly for all stock killed by them.
Also, a bill to be entitled an act to regulate the manner of returning land for taxation in this State.
Also, a bill to be entitled an act to fix the compensation of talesjurors of the county of Henry.
Also, a bill to be entitled an act to prohibit the sale of intoxicating liquors within t\, o miles in any direction from Harmony Grove Academy in the town of Harmony Grove in Jackson county.
Also, a bill to be entitled an act to repeal an act to prohibit the sale of intoxicating liquors within two miles of the academy in the village of Harmony Grove in Jackson county, in the town of Camden, and Woodstock Academy, in the county of Cherokee.
Also, a bill to be entitled an act to regulate and restrict the rate of interest in this State, and for other purposes.
Also, a bill to be entitled an act to repeal an act with reference to the garnishment laws, and to amend section 3, 554 of the Code of 1873.
Also, a bill to be entitled an act to require parties obtaining judgments in justice's court to be required to enter the same upon the execution docket of the Superior Court, and for other purposes therein mentioned.

Your committee have also had under consideration the following bills~ which we recommend be referred to the Committee on Finance, to-wit:
A bill to be entitled an act to authorize the co'Jnty commissioners of the county of Decatur to issue bonds.
Also, a bill to comolidate the offices of Tax Collector and Tax Receiver of the county of Bulloch.
12

li8

JouRNAL OF THE HousE.

Also, a bill to be entitled an act to fix the compensation of the Tax Receiver of the county of Richmond, and for other purposes.

Your committee have also had under considerationA bill to be entitled an act to prohibit camp-hunting, and for other purposes, which they recommend be referred to the Committee on Agriculture.
J.D. STEWART, Chairman.

Mr. Bloodworth offered the following resolution: to-wit: A resolutionThat the regular hours of this House, from this date, shall be 9! A.M. and 3 o'clock P.M., and the regular hours of adjournment shall be 1 o'clock and 4! o'clock, until otherwise ordered. Laid on the table,

Mr. Case of Dade offered a resolution that Colonel J. M. Sutton and Robert M. Tatem, of the county of Dade, be invited to seats on the floor.
Agreed to.

On motion of Mr. Puckett, Hon. James H. Brown, of Cher~kee, was invited to a seat on the floor.

Mr. Russell, chairman of the Committee on Privileges and Elections, submitted the following report, to-wit:
Mr. Speaker:
The Co_mmittee on Privileges and Elections, respectfully report that they have had under consideration the petition of Madison Drummond protesting against the right of G. A. Mallette to his seat as Representative of the county of Camden. The committee have given the case a thorough investigation, and it is their unanimous opinion that G. A. Mallette received the highest number of votes legally cast at the election for Representative of Camden county, and

TUESDAY, JANUARY 23, 1877.

179

is entitled to the seat now held by him. Your committee, therefore, submit the following resolution for the consideration of the House:
Resolved, That at an election held in the county of Camden, on the fourth day of October last, for members of the General Assembly of the State, G. A. Mallette received the highest number of legal votes legally polled for Representative of said county of Camden.
PHILIP M. RussELL, Chairman.

Mr. Colley, chairman of the Committee on Military Affairs, submitted the following report:
Mr. Speaker: The Committee on Military Affairs have had under their
consideration the following bill, which they report to the House with the recommendation that the same do pass, to-wit:
A bill to exempt the officers and members of corps of cavalry in the city of Savannah, known as the " Georgia Hussars," from the performance of jury duty.
F. H. CoLLEY, Chairman.

Mr. Miller of Houston offered the following resolution: A resolutionThat a seat on the floor be tendered Hon. C. C. Duncan. Agreed to.

Mr. Awtry moved that seats be tendered to Col. A. P. Mooty and C. W. Mabry.
Agreed to.

On motion of Mr. McDonald, the report of the Committee on Contested Elections in the case of Mr. Mallette was taken up, which report was, on motion, adopted, and the resolution reported by the committee was agreed to.

Mr. Payne, Chairman of the Committee on Enrollment, submitted the following resolution:

180

JouRNAL oF THE HousE.

Resolved, That it is the sense of this committee, that the Clerk of the House has a sufficient number of assis. tants al:-eady appointed to do the clerical work of the House at present. Therefore, we recommend that there be no more appointments made, unless certified to by the Clerk of the House that additional assistance is needed.
Resolved furtlter, That the Clerk of the Committee on Enrollment be recognized as one of the Clerks of this House.

l\fr. Thomas, 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 their consideration the following bill, which they recommend do pass, to-wit:
A bill to change the lines between the counties of Troup and Coweta.

They have also had under their consideration the following bill, which they recommend do not pass, to-wit:
A bill to be entitled an act to repeal an act approved February 17th, 1875, changing the lines between the counties of Jones and Bibb.
\V. W. THOMAS, Chairman.

On motion of Mr. \Valsh, the House then went into a Committee of the Whole House for the consideration of the bill "to provide for the holding of a Constitutional Convention."
The committee arose, reported progress, and asked leave to sit again.
Under a suspension of the rules, the following bill was introduced, and referred to the Committee on Finance, to-wit:
By Mr. Walsh-

TUESDAY, JANUARY 23, 1877.

181

A bill to create a board of health for the city of Augusta, and for other purposes.
The following bills were also introduced, read the first time, and referred to the Committee on Judiciary, to-wit:
By Mr. HoodA bill to amend an act regulating the sale of liquors nea Ward's Station, in Randolph county. Also, a bill to amend section 4,262 of the Code. By Mr. RussellA bill to amend section 4,692 of the Code. Also, a bill to prescribe the penalty for assault, and for assault and battery.

The Senate bill. No. 36, to amend section 3,216, was read the second time.

The hour of 12 o'clock having arrived, the House, in pursuance of law, proceeded to the election of a United States Senator for the term of six years, beginning March 4th, 1877, and ending March 4th, 1883.
Mr. Carlton nominated Hon. B. H. Hill, from the county of Clark.
Mr. Walsh nominated Hon. James M. Smith, of the county of Muscogee.
Mr. Payne nominated Hon. Thomas M. Norwood, of the county of Chatham.
Mr. Blue nominated Hon. Dawson A. Walker, of the county of Whitfield.
The Clerk then proceeded with the call of the roll, the members voting viva voce.

Those voting for Mr. Norwood are Messrs.-

Adams of Chatham, Gresham,

Atwood,

Glover of Twiggs,

Benson,

Glover of Jones,

Black,

Guyton.

Polhill. Pr;ce, Reece, Richardson,

182

JouRNAL oF THE HousE.

Branch.

Harralson,

Roberson,

Brewer,

Hughes,

Rouse,

Brockett,

Johnston,

Russell,

Brown of Fayette, Jones of McDuffie, Scruggs,

Burch of Thomas, Kendrick,

Shaw,

Burch of Elbert, Key,

Sheffield of Early,

Callaway,

Kirby,

Sikes,

Candler,

Knox,

Simms,

Carter,

Lang,

Smith of Echols,

Case,

Mallette,

Smith of Tatnall,

Colley,

Marshall,

Smith of Butts,

Collins,

McDonald,

Stewart of Taylor,

Corker,

Me Gar,

Strickland,

Cox of Bryan,

McRae,

Thomas,

Davison,

MaLley,

Turner,

Davis of Bibb,

Moore,

Vick,

DeLoach,

Northen.

Wade,

Dozier of Quitman, Owenby,

Walton of Burke,

Duggar,

P1yne,

Willis,

Evans,

Paul,

Williams,

Fletcher,

Pearson,

Wolihin.

Fort,

Peek,

Willingh'<~m,

Frederick,

Perkins,

Wilcox.

Green,

Pilcher,

Those voting for Mr. Hill are Messrs.-

Almon, A \Ired, Anderson, Awtry, Bennett, Bloodworth, Born, Bowen, Carlton, Causey, Cloud, Cochran,

Harrell,

Phillips of Carroll,

Hawes,

Phillips of Cobb,

Hillyer,

Pickett of Rabun,

Hollis,

Pickett of Gilmer,

Hogan of Monroe, Pope,

Hogan of Carroll, Puckett.

Humber,

Ragsdale,

Hutchins,

Reid of Mogan,

James,

Reid of Putnam,

Jones of Polk,

Roper,

Jordan of Hancock, Sheffield of Miller,

Jordan of Pulaski Smith of Oglethorpe,

TUESDAY, }ANUARY 23, 1877.

183

Colbert, Cox of Troup, Davis of Houstun, Dozier of Harris, Dudley, Duke, Fortner, Fry, Grant, Gray, Hammond. Harden,

Kimsey,

Smith of Walton,

Leach,

Stanford,

Matthews of Pike. Stewart of Milton.

Matthews of Talbot, Stewart of Spalding,

Maund,

Taylor,

McAfee,

Turnbull,

Mcintyre,

Walton of Haralson,

:Moses,

Wise,

Murray,

Wilkes,

North,

Whittle,

Ottis,

Wilson,

Penn,

Mr. Speaker.

Those voting for Mr. Smith are Messrs.-

Brown of Upson, Davis of Stewart,
Faircloth, Hood, Kennon,

Miller, Peacock, Rawlins, Robson,

Tumlin, Walsh, Wall, Wooldridge,

Those voting for Mr. walker are 1\Ie;;srs.-

Adams of Lee,

Blue,

Bacon of Liberty,

Bunts,

Voting for Mr. Jenkins, Mr. Stokely.

Mr. Norwood, 83. Mr. Hill, 72. Mr. Smith, 13. Mr. Walker, 4. Mr. Jenkins, 1. Necessary to constitute a majority, 87. On motion, the House then adjourned to 10 o'clock tomorrow morning.

184

Jm;RxAL OF THE HouSE.

ATLANTA, GEoRGrA,
wednesday, January 24, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.

The roll call was, on motion, dispensed with.

The Committee on Journals submitted the following report, to-wit:

.llfr. Speaker :

The Committee on Journals have examined the Journal

of yesterday, the 22d, find the same correct, and report

the same approved.

(Signed)

WILLIS, Chairman.

The unfinished business of yesterday being the consideration of the bill to provide for the holding of a Constitutional Convention, l\'Ir. Moses of Muscogee moved to make the same the regular order for Friday next at 10 o'clock, and take up the call of counties for the introduction of new matter, which motion did not prevail.
On motion of Mr. Candler, the House went into Committee of the \Vhole House for the consideration of the bill.
Mr. Walsh, after discussion, n.oved that the committee rise, report progress, and ask leave to sit again, which motion prevailed, and Mr. Hammond, chairman of the committee, made the report.

The f;llowing communication was received and submitted to the House for information, towit:
Hon. A. 0. Bacon, Speaker of tlze House of Representatives : Sm-In compliance with a resolution of the House, I
beg leave to report that the salary of the Comptroller

.\VEDNESDAY, JANUARY 24, 1877.

185

'

General is two thousand dollars, and the fees about the

same.

Very respectfully, your obedient servant,
w. L. GOLDSMITH,

Comptroller General.

Mr. Turnbull moved that the bill be made the special order for 3 o'clock, w~ich motion prevailed.

Mr. Wilson offered a resolution that Hon. James E. Pugh and Hon. Henry D. Clayton, of Alabama, be invited to seats on the floor.
The resolution was agreed to.

On motion of Mr. Adams of Chatham, Hon. C. C. Jones, of New York, was invited to a seat on the floor.

On motion of Mr. Wolihin, Hori. C. B. Wooten was invited to a seat on the floor.

On motion of Mr. Davis of Bibb, Han. W. A. Huff was invited to a seat on the floor.

The following message was received from the Senate through Mr. Harris, the Secretary thereof:
Mr. Speaker: The Senate has concurred in a resolution of the House
of Representatives to make the Committees on Public Printing, of the House and Senate, a joint committee.
The Senate has agreed to the following resolution, in which they ask the concurrence of the House of Representatives, to-wit:
A resolution appointing a joint committee to take into consideration the propriety of having the public buildings insured against fire, and, upon the part of the Senate, have appointed as such committee Messrs. Godfrey and W essalo wski.

186

JouRNAL OF THE HousE.

The hour of twelve o'clock M. having arrived, the Senate

appeared in the hall of the House, and the General As-

sembly was called to order by Hon. Rufus E. Lester,

President of the Senate.

The Journal of the Senate was then read, and the result

of the vote for United States Senator, on yesterday, an-

nounced.

The House Journal was then read, and the vote of the

House also announced, and upon consolidating the votes

of the two Houses, it appeared that Hon. Thomas M.

Norwood had received 104 votes, Hon. B. H. Hill 96 votes,

Hon. James M. Smith 22 votes, Hon. Dawson A. Walker

4 votes, and Hon. Charles J. Jenkins one vote.

One hundred and nine votes being necessary to a choice,

and it appearing that no candidate had received that num

ber, it was declared that there had been no election, and

the two Houses then proceeded, in joint session, to ballot

for a United States Senator.

Mr. Black nominated Hon. Thomas N. Norwood.

Mr. Cabaniss nominated Hon. James M. Smith.

Mr. Moses nominated Hon. B. H. Hill.

Mr. Reid of Putnam nominated Hon. Herschel V. John-

son.

Mr. Polhill withdrew the name of Hon. H. V. Johnson.

Mr. Blue of Glynn nominated Hon. Dawson A. Walker,

of the s;:ounty of Whitfield.

The Committee on Rules for the Government of the

General Assembly, while sitting in joint session, reported

the following rules as having been adopted, to-wit:

1. In announcing a candidate, the mover shall not be

permitted to make any commepdatory or other remarks.

2. In dissolving the joint session, either House may vote

upon a motion made by a member of its own body, and if

determined affirmatively by either House upon the motion

of one of its own members, the joint session shall be de-

termined thereupon.

WEDNESDAY, JANUARY 24, 1877.

187

3. The Senate shall notify the House when it is ready to repair to the Hall of the House for joint session.
Upon calling the roll of the Senate, the Senators voting viva voce, the following was the result :

Thore voting for Mr. Smith are Messrs.-

Cabaniss, Chastain, Cody,

Hudson, McAfee,

Reid, Shewmake.

Those voting for Mr. Hill are Messrs.-

Asbury,

England,

O'Daniel,

Brewster,

Godfrey,

Ragsdale,

Bush,

Howell,

Rutherford,

Cureton,

McLeod,

Slaughter.

Deadwyler,

Those voting for Mr. Norwood are Messrs.-

Black, Bryan, Bulloch, Clifton, DuBose, Felton, Freeman, Furman,
Smith, 7. Hill, 13. Norwood, 23.

Grahsm, Harrison, Harkness, Hopps, Mattox, McDaniel, McDonald, Newbo,n,

Perry, Reese, Staten, Wilcox, Wilson, W essalowski, Mr. President.

The roll of the House was then ealled, the members voting viva voce, and the result was as follows:

Those voting for Mr. Smith are Messrs.-

Bowen.

Hogan of Monroe, Robson,

Brown of Fayette, Hood,

Tumlin,

Davis of Stewart, Kennon,

Walsh,

Faircloth,

Miller,

Wall,

Grant,

Ottis,

Wilson,

Hammond,

Peacock,

Wooldridge,

Harden,

Rawlins,

188

JOURNAL OF THE HOUSE.

Those voting for Mr. Hill are Messrs.-

Almon,

Hawes,

Phillips of Cobb,

Allred,

Hillyer,

Pickett of Rabun,

Anderson,

Hollis,

Pickett of Gilmer,

Awtry,

Hogan of Carroll, Pope,

Bennett,

Humber,

Puckett,

Bloodworth,

Hutchins,

Ragsdale,

Born,

James,

Roper,

Candler,

Jones of Polk,

Sheffield of Miller,

Carlton,

Jordan of Pulaski, Smith of Oglethorpe,

Cloud,

Kimsey,

Smith of Walton,

Cochran,

Leach,

Stanford,

Colbert,

Marshall,.

Stewart of Milton,

Cox of Troup,

Matthews of Pike, Stewart of Spalding,

Davis of Houston, Matthews of Talbot, Stokely,

Dozier of Harris, Maund,

Taylor,

Dosier of Quitman, McAfee,

Turnbull,

Dudley,

Mcintyre,

Walton of Haralson,

Duggar,

Moses,

Wise,

Duke.

Murray,

Wilkes,

Fry,

North,

Whittle,

Gray;

Penn,

Mr. Speaker.

Harrell,

Phillips of Carroll,

Those voting for Mr. Norwood are Messrs.-

Adams of Chatham, Harralson,

Atwood,

Hughes,

Benson,;

Johnston,

Brewer,

Jones of McDuffie,

Brockett,

Kendrick,

Brown of Upson, Key,

Burch of Thomas, Kirby,

Burch of Elbert, Knox,

Callaway,

Lang,

Carter,

Mallette,

Case,

McDonald,

Causey,

McRae,

Reece, Richardson, Roberson, Rouse, Russell, Scruggs, Shaw, Sheffield of Early, Sikes, Simms, Smith of Echols, Smith of Tatnall,

'WEDNESDAY, JANUARY 24, 1877.

189

Collins, Cox of Bryan, Davison, DeLoach, Evans, Fletcher, Fort, Frederick, Freeman, Green, Glover of Twiggs, Glover of Jones, Guyton,

Mobley, Moore, Northen, Owenby, Payne, Paul, Pearson, Peek, Perkins, Pilcher, Pol hill, Price, Reid of Morgan,

Smith of Butts, Stewart of Taylor, Strickland, Thomas, Vick, Walton of Burke, Willis, Williams, Wolihin, Willingham, Wilcox.

Those voting for Mr. Johnson are Messrs.-

Black, Branch, Colley, Corker,

Davis of Bibb,

McGar,

Fortner,

Reid of Putnam,

Gresham,

Turner.

Jo~dan of Hancock,

Those voting for Mr. Walker are Messrs.-

Adams of Lee,

Blue,

Bacon of Lil.Jerty,

Bunts.

Smith, 20. Hill, 64. Johnson, 11. \Valker, 4. Norwood, 73.

Upon a consolidation it appeared that there were 216 votes cast, of which number Hon. Thomas M. Norwood had received 96 votes, Hon. B. H. Hill 78 votes, Hon. James M. Smith 27 votes, Hon. Herschel V. Johnson 11 votes, and Hon. Dawson A. Walker 4 votes.
It appearing that no person had received a majority of

190

JouRNAL oF THE HousE.

the whole number of votes cast, it was declared that there had been no electwn.

Mr. Turner of Brooks moved that the joint session be now dissolved, which !llotion prevailed-a division being called, and standing ayes 91, nays 43.

The joint session was then dissolved, and the Senate retired to their chamber.

On motion, the House then adjourned to 10 o'clock to morrow morning.

ATLANTA, GEORGIA,
Thursday, January 25th, 1877. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll call was, on motion, dispensed with.

Mr. Willis, chairman of the Committee on Journals, submitted the following report, to-wit:

Mr. Speaker:

The Committee on Journals have examined the Journal

of yesterday, the 24th, and find it correct, and report the

same approved.

vVILLIS, Chairman.

The Journal was then read.

Leave of absence was granted Mr. Causey.

~Ir. Russell, chairman of the Committee on Privileges and Elections, submitted the following report, to-wit:

THURSDAY, JANUARY 25, 1877.

191

Mr. Speaker: The Committee on Privileges and Elections have had
under consideration the petition of E. Fuller, protesting against the right of I. H. Grant to his seat as Representative of the county of Habersham. The committee has given the case a thorough investigation, and it is the unanimous opinion of the committee that I. H. Grant received the highest number of votes legally cast at the election held in the county of Habersham, and is entitled to the seat now held by him as a Representative of said county.
Your committee, therefore, submit the following resolution for the consideration of the House:
Resolved, That at an election held on the fourth day in October last for members of the General Assembly of this State, I. H. Grant received the highest number of legal votes polled for Representative of Habersham county, and is entitled to the seat now held by him.
PHILIP M. RussELL, Chairman.

Mr. Whittle of Bibb moved to suspend the rules to allow a Senate bill to be read the third time, which motion prevailed, and the bill was taken up and read, to-wit:
A bill to amend section 3,216 of the Code. Passed.
Mr. Adams moved to take up the report of the committee on the contested election case of Dews vs. Hawes.
Laid on the table.

Under a suspension of the rules, Mr. Cochran introduced the following bill, which was read the first time, to-wit :
A bill to repeal certain acts conferring additional jurisdiction upon the Mayor and Aldermen of the town of Blackshear.
Referred to the Committee on the Judiciary.

The unfinished business being the consideration of the

192

JoURNAL OF THE HousE.

bill to provide for the holding of a Constitutional Convention, :'vir. Hillyer moved to postpone the same to to-morrow at 11 o'clock, and from day to day until disposed of, which motion prevailed.

Mr. Duggar offered the following resolution, to wit :
That a seat be tendered the Hon. J. B. Dickey.
Agreed to.

Mr. Price offered the following resolution, to-wit; That the Committees on Education, of the House and Senate, be made a joint committee. Agreed to.

Mr. Carlton, chairman of the Committee on Finance, submitted the following report:

Mr. Speaker:

The Committee on Finance have had under their consid-

eration the following bills, which they recommend do pass: .

A bill to amend an act to reduce the per diem of jurors

in the county of Schley. Also, a bill. for the relief of Gideon L. Mathews of

\Vashington county. Also, a.bill to fix the fees of County Treasurer. and the

per diem of jurors and bailiffs, for the county of Upson.

Also, the following bill, which they recommend do pass

by substitute.

A bill to amend an act to alter and amend the revenue

laws of the State, and to provide a penalty for the viola-

tion thereof, approved March 2, 1874, and thereby to

protect the purity of the ballot box.

Also, the following bill, which they recommend do not

pass: A bill to require Tax Collectors to return all county

claims taken up by them in payment of county rax, to the

Ordinary.

H. H. CARLTON, Chairman.

THURSDAY, JANUARY 25, 1877.

193

The special order of the day being the consideration of a bill "to regulate the salaries of certain officers therein mentioned, and to fix the per diem and mileage of the officers and members of the General Assembly," it was, on motion of Mr. Whittle, taken up.
Mr. Fry moved that the House now go into Committee of the Whole for the consideration of the bill, which motion did not prevail.
On motion of Mr. Jordan, the bill was referred to the Committee on Finance.

On motion of Mr. Walsh, Hon. W. D. Tutt and Hon. J. B. Cumming were invited to seats on the floor.

Mr. Price, from the Committee on Education, made the following report :
Mr. Speaker:
The Committee on Education have had under consideration the following bills :
A bill to be entitled an act to repeal an act approved February 23, 1876, requiring the county school commissioners to pay teachers of 1871, so far as relates to the county of Rabun, which the committee recommend do pass.
Also, a bill to be entitled an act to repeal an act establishing a board of public education for the city of Griffin, and to distribute the fund due said board, which the committee recommend do pass.
Also, a bill to be entitled an act to abolish the State and county school commissioners in the State of Georgia, which the committee recommend do not pass.
Also, a bill to be entitled an act to alter and change the school system in the counties of Ware, Echols and Clinch in certain particulars, which the committee recommend do not pass.
13

194

JouRNAL oF THE HousE.

Also, a bill to provide for the appointment of school trustees for the sub-districts of the counties, and to prescribe their duties, which the committee recommend do pass, with certain amendments thereto.
W. P. PRICE, Chairman.

The regular order being the reading of House bills the third time for final disposition, Mr. Candler moved to suspend the rules and call the roll of the counties for the introduction of new matter, which motion prevailed, and the followinR bills were read the first time and referred as hereinafter specified, to-wit :
By Mr. MalletteA bill to regulate the election of county school commissioner of the county of Camden. Referred to the Committee on Education.

Mr. Pilcher, chairman of the House committee, from the }oint committee 6f the House and Senate on the State Institution for the Deaf and Dumb, submitted the following report, to-wit: Mr. Speaker:
The Joint Committee of the Senate and House on the State Institution for the Deaf and Dumb, beg leave to submit the following report, to-wit :
Your committee having been informed that certain charges of irregularities in the management of the Institution had been made, which required investigation, made a visit to the institution, and made a personal investigation of the condition of the buildings and grounds thereof, ob served the manner in which the same were cared for, inquired diligently into the system by which the Institution is governed, and into qualifications and conduct of the various officers connected therewith.
The investigation of your committee discloses a condition of affairs with the management of the institution, which

THURSDAY, }ANUARY 25, 1877.

195

imperatively demands a thorough and prompt reformation. An entire change of system and a revision of the officers and trustees, are deemed essential to the successful operation of this important institution.
We find a system of management inaugurated by the :Board of Trustees which is anomalous in institutions of this kind, a hydra-headed officership, at variance with the system in vogue in all similar institutions which have achieved success. Instead of having a principal or superintend,ent, as an executive head through whom the board should manage the affairs of the institution, we find four separate and distinct heads to the four departments, no one of whom is responstble to any other, and yet each and all of them necessarily exercising control over the unfortunate children attending the institution. Aside from the - unnecessarily heavy expense to the State which this system involves, it creates confusion and want of harmony, which impairs the efficiency of the institution. A majority of the present Board of Trustees are in favor of the unnatural and inefficient system described. They do not seem to appreciate the examples set, and the principles involved in the management of institutions for the deaf dumb. The one man who, of all others, should be and reside in the Institution, the principal teacher, lives some distance from it, exercising no control over the children, except during the hours they are in the school rooms. We deem the inculcation of morality and the teaching of refined manners an important part of the instruction these unfortunate persons should receive from the benefice our State has granted them. To insure this, the principal teacher, who has naturally a strong influence over, and who is able to communicate readily with the children, in their mute language, should reside in the building with them, thus being present to instruct, counsel, and overlook them, as well when from their b0oks as when in the school rooms.

196

JouRNAL OF THE HousE.

We deem the office of steward an entirely unnecessary one. The number of mutes is not large enough to necessitate the expense attendant upon this office. The princi~ pal or superintendent can, with the assistance of some one of the assistant teachers who may be deputized for this purpose, purchase the supplies, under the superintendence of a resident executive committee of the Board of Trus.tees. The principal or superintendent can overlook and care for the buildings and grounds as well as :my person occupying the office of steward.
\Ve find that the domestic department of the institution has not been managed so as to give satisfaction to the parents or guardians of the mutes. We must say that the present incumbents of the offices of steward and matron have not performed the duties of their offices in a manner to reflect credit on the management, or to the best interests of the mutes. We believe that the failure of a satisfactory performance of these duties has arisen from a want of qualifications for the respective offices. All officers who have control of mutes should be thoroughly conversant with their language and peculiarities.
We found the apartments of the institution in a condition which is discreditable to the steward, whose duty it is to keep the same in a cleanly condition. The floors, the walls, the clothes closets, the dining rooms and kitchen, the yards, fences, etc., all bear evidence of a lack of proper attention on his part. The sleeping aparments, halls, and dining room are not kept in a tidy condition. The surroundings in an institution of this kind should be as cleanly as those which characterize a good boarding school. The steward can have no excuse for not keeping every apartment in order, as no restrictions have been placed upon expenditures for servant hire or material for cleaning.
\Ve are further satisfied thatthere has been reprehensible extravagance in the domestic department-much larger sums having been expended than were necessary, even to

THURSDAY, JANUARY 25, 1877.

197

feed well, clothe comfortably those whose poverty require clothing from the institution, and to keep the apartments in perfect order.
\Ve are satisfied that re-organized and re-officered, as we have already indicated, with the same number of pupils in attendance, the institution can be successfully operated on a smaller appropriation than the last one made by the Legislature.
In the intellectual department, we are satisfied that the mutes have been faithfully served. So far as we can judge, they are receiving careful and efficient instructions.
We recommend that the Board of Trustees be re-organized by the General Assembly, and be composed of seven members, and that the Board of Trustees selected by the present General Assembly be instructed to repair, imme_ diately after receiving their commissions, to Cave Spring, and organize, and at once pass by-laws in accordance with an act changing the system of government now in force in the institution, electing a principal, who shall be, under the said Board, the executive head of the institution, and that the said Board of Trustees be instructed to vacate the office of steward, and place upon the Principal the responsibilities now devolving upon the steward.
We further recommend tr.at an appropriation of sixteen thousand and five hundred dollars be made by appropriate legislation, to be expended by the Board of Trustees as follows:
Twelve thousand dollars for the support of the institution and the pay of officers and attaches, or such part thereof as the trustees may find necessary for the white deaf mutes; one thousand dollars for repairs now demanded upon the building of the institution for the whites, and for refurnishing it ; five hundred dollars for the purchase of apparatus for the educational department of both the white and colored institutions ; one thousand dollars for repairing and furnishing the building already purchased

198

JouRNAL oF THE HousE.

for the colored deaf mutes; and two thousand dollars for
the support of colored deaf mutes, to be drawn in the
event a school of colored deaf mutes shall be organized. or so much thereof as may be necessary.
vVe also recommend that the necessary legislation be
enated to cover the grounds of this report.
All of which is respectfully submitted.
T. J. PERRY,
Chairman Senate Committee.
w. H. PILCHER,
Chairman House Committee.

The following bills were read the first time and referred

to the Committee on the Judiciary, to-wit:

By Mr. MalletteA bill to make it a misdemeanor

to

plant a

crop

without



a good and sufficient fence.

By Mr. Owenby-

A bill to prohibit any person from giving, selling or

furnishing spirituous liquors on election days, and to pro-

vide a penalty for the same.

By Mr. Payne-

A bill to authorize the county commtsswners of Chat-

ham to establish certain voting places in said county.

By Mr. Davis of BibbA bill to define the mode and manner of purchasing and slaughtering cattle in the county of Bibb. By Mr. Puckett-

A bill to repeal sections 1,456 and 1,457 of the Code. By Mr. Carlton-

A bill to provide for the disposition of certain criminal

cases in the County Court of Clarke county. Also, a bill to repeal an act requiring the payment of

certain moneys into the county treasury of Clarke county.

and to provide f0r the disbursement of the same.

THURSDAY, }ANUARY 25, 1877.

199

Also, a bill to amend an act to prevent the sale of spirituous liquors to minors.
By Mr. StricklandA bill to authorize the clerks of the Courts of Ordinary of this State to administer oaths in certain cages. By Mr. WilliamsA bill to establish a board of commissioners ofthe county of Columbia. By Mr. CauseyA bill to repeal an act providing for the payment of insolvent criminal costs in the county of Crawford. By Mr. KennanA bill to prevent the dismissal of writs of error in the Supreme Court, and for other purposes. By Mr. W olihinA bill to prescribe the duties of the Judges of the Supreme Court, and for other purposes. By Mr. BrewerA bill to change the time of holding the Superior Court'> in the county of Effingham. By Mr. SheffieldA bill to create a board of commissioners of raods and revenues in the county of Early. By Mr. HarrellA bill to amend the act requiring the Mayor and Aldermen of the city of Bainbridge to assess the value of real estate. By Mr. NorthA bill to prohibit the sale of spirituous liquors in the town of Sharpsburg, in the county of Coweta. By Mr. WolihinA bill to repeal an act amending section 1, 700 of tl1e Code. By Mr. HarrellA bill to provide for juries in Justices' Courts. By Mr. Wooldridge-

200

JouRNAL OF THE HousE.

A bill to pay John Sapp, late sheriff of Chattahoochee, certain insolvent costs.
By Mr. FryA bill to require. the owners of all steam boilers in this State to have the same inspected. Also, a bill to amend section 1, 979 of the Code. By Mr. BornA bill to prohibit the sale of liquors within two miles of Midway Church in Gwinnett county. By Mr. DudleyA bill to prohibit the sale of spirituous liquors near Sugar Valley Baptist Church in Gordon county. By Mr. BurchA bill to amend the act limiting and defining the jurisdiction of the County Court of Elbert county. Also, a bill to amend section 281 of the Code. By Mr. JamesA bill to prevent the maintaining and carrying on of any lottery in this State. By lVIr. BurchA bill to provide for a board of commissioners of roads and revenue for the county of Elbert. By Mr. HillyerA bill to provide and fix the manner of tax sales by municipal corporations.

The following bills were read the first time and referred to the Committee on Finance, to wit :
By Mr. Davis of BibbA bill to appropriate ten thousand dollars to the South Georgia Orphans' Home. By Mr. WhittleA bill to pay off and settle the account of J. Boorman, Johnston & Co. By Mr. GreenA bill to authorize the Tax Collector of Baldwin county

THURSDAY, JANUARY 25, 1877.

201

to pay to the County Treasurer the State tax for the year 1877.
Also, a bill for the relief of John H. Stumbridge.
By Mr. PickettA bill for the relief of Geo. Keith. By Mr. GrantA bill to exempt from taxation one hundred dollars' worth of property to each head' of a family in this State. By Mr. PickettA bill for the relief of James R. Johnson. and others. By Mr. JamesA bill to di5pose of the public property in Milledgeville, and for other purposes. Also, a bill to appropriate a sum of money to pay a Speaker's warrant now held and owned by D. A. Beattie. By Mr. HillyerA bill to appropriate money to pay J. I. Miiier, former Tax Receiver of Fulton county, for services not heretofore compensated.

The following bills were read the first time, and referred to the Committee on Education, to-wit:
By Mr. MalletteA bill to regulate the election of county school commissioner of the county of Camden. By Mr. CauseyA bill to fix the pay of county school commissioner of the county of Crawford.

The following bills were read the first time, and referred to the Committee on New Counties and County Lines, to wit:
By Mr. Davis of BibbA bill to change the line between the counties of Bibb and Twiggs. By Mr. Whittle-

202

JouRNAL OF THE HousE.

A bill to change the line between the counties of Bibb and Monroe.
By Mr. CloudA bill to change the lines between the counties of Henry and Clayton. By Mr. JamesA bill to change the lines between the counties of DeKalb and Fulton.

The following bill was introduced, read the first time, and referred to "the Committee on Agriculture, to-wit:
By Mr. LangA bill to prevent the firing 9f woods, lands and marshes,

The following bill was introduced, read the first time, and ordered engrossed, to-wit:
By Mr. Reece of FloydA bill to repeal an act known as the local option law, so far as the same relates to the city of Rome.

The hour of twelve o'clock M. having arrived, the Senate appeared in the hall of the House, and the General Assembly was called to order by Hon. Rufus E. Lester, President of the Senate.

The Journals of yesterday were read, and upon a consolidation of the votes of the House and Senate, it appearing that no person had received a majority of all the votes cast, there was, consequently, no election, and the General Assembly in joint session then proceeded to ballot for a United States Senator for the term commencing 4th March, 1877, and ending 4th of March, 1883.

Mr. Moses nominated Hon. B. H. Hill. Mr. Reid of Putnam nominated Hon. Herschel V. Johnson. Mr. Polhill withdrew the name of H. V. Johnson.

THURSDAY, JANUARY 25, 1877.

203

Senator Black nominated Hon. Thomas M. Norwood. Mr. Blue nominated Hon. Dawson A. Walker.

The roll of the Senate was then called, and the result was as follows :

Those voting for Mr. Hill are Messrs.-

Asbury, Brewster, Bryan, Bush, Cureton, Deadwyler,

England, Godfrey, Howell, Hudson, McLeod,

O'Daniel, Ragsdale, Rutherford, Staten, Slaughter.

Those voting for Mr. Norwood are Messrs.-

Black, Bulloch, Clifton, DuBose, Felton, Freeman, Furman, Graham,

Gamble, Harrison, Harkness, Hopps, Mattox, McDaniel, McDonald, Newborn,

Perry, Reese, Reid, Wilcox, Wilson, W essalowski, Mr: President.

Those voting for Mr. Smith are Messrs.-

Cabaniss, Chastain,

Cody, McAfee,

Shewmake.

Smith, 5. Hill, 16. Norwood, 23.

The roll of the House was called, the members voting viva voce, and the result was as follows:
Those voting for Mr. Norwood are Messrs.-

204

JouRNAL OF THE HousE.

Adams of Chatham, Freeman,

Polhill,

Atwood,

Green,

Price,

Benson,

Glover of Twiggs, Rawlins,

Brewer,

Glover of Jones, Reid of Morgan,

Brockett,

Harralson,

Richardson,

Brown of Upson, Hughes,

Roberson,

Brown of Fayette, Johnston,

Rouse,

Burch of Thomas, Jones of McDuffie, Russell,

Burch of Elbert, Kirby,

Scruggs,:.

Callaway,

Knox,

Shaw,

Carter,

Lang,

Sheffield of Early,

Case,

Mallette,

Sikes,

Causey,

McDonald,

Simms,

Cloud,

McRae,

Smith of Tatnall,

Collins,

Mobley,

Smith of Butts,

Corker,

Moore,

Stewart of Taylor,

Cox of Bryan,

Northen,

Strickland,

Davison,

Owenby,

Thomas,

DeLoach,

Payne,

Vick,

Evans,

Paul,

Willis,

Faircloth,

Pearson,

Williams,

Fletcher,

Peek,

Wolihin,

Fort,

Perkins,

Willingham,

Frederick,

Pilcher,

Wilcox.

Those voting for Mr. Hill are Messrs.-

Almon, Allred, Awtry, Bennett, Bloodworth, Born, Candler, Carlton, Cochran, Colbert, Cox of Troup, Davis of Bibb,

Hawes, Hillyer, Hollis, Hogan of Carroll, Humber, Hutchins, James, Jones of Polk, Jordan of Pulaski, Key, Kimsey, Leach,

Phillips of Carroll, Phillips of Cobb, Pickett of Rabun, Pickett of Gilmer, Pope, Puckett, Roper, Sheffield of Miller, Smith of Oglethorpe, Smith of Walton, Stanford, Stewart of Milton,

THURSDAY, JANUARY 25, 1877,

205

Dozier of Harris, Marshall,

Dosier of Quitman, Matthews of Pike,

Dudley,

Maund,

Duggar,

McAfee,

Duke,

Mcintyre,

Fry,

Moses,

Grant,

Murray,

Guyton,

North,

Harrell,

Penn,

Stewart of Spalding, Stokely, Taylor, Turnbull, Walton of Haralson, Wilkes, Mr. Speaker.

Those voting for Mr. Smith are Messrs.-

Anderson,

Bowen,

Davis of Houston,

Davis of Stewart,

Gray,



Hammond,

Harden,

Hogan of Monroe,

Hood,

Tumlin,

Kennon,

Walton of Burke,

Matthews of Talbot, Walsh,

Miller,

Wall,

Ottis,

Wise,

Peacock,

Whittle,

Ragsdale,

Wilson,

Robson,

Wooldridge,

Those voting for Mr. Johnson are Messrs.-

Black, Branch, Colley, Fortner,

Gresham,

Reid of Putnam,

Jordan of Hancock, Turner.

Kendrick,

McGar,

Those voting for Mr. Walker are Messrs.-

Adams of Lee,

Blue,

Bacon of Liberty,

Bunts.

Norwood, 72. Hill, 61. Smith, 24. Johnson, 10. Walker, 4.

206

JouRNAL OF THE HousE.

Upon consolidating the vote of the two Houses, it appeared that Hon. Thomas N. Norwood had received 95 votes, Hon. B. H. Hill 77 votes, Hon. James M. Smith 29 votes, Hon. Herschel V. Johnson 10 votes, and Hon. Dawson A, Walker 4 votes.
No person having received a majority of the whole number of votes cast, it was declared that there had been no elect.ion.

Mr. Kennon moved that the joint session be now dissolved.
On motion the ayes and nays were called, and the call was sustained, and the result was as follows:

Those voting in the affirmative are Messrs.- ,

Adams of Lee, Almon, Allred, Anderson, Awtry, Bacon of Liberty, Bennett, Black, Blood worth, Blue, Born, Bowen, Branch, Brown of Upson, Bunts, Candler, Carlton, Cloud, Cochran, Colbert, Corker, Cox of Troup,

Fry,

Peacock,

Grant,

Pearson,

Gray,

Phillips of Carroll,

Hammond.

Phillips of Cobb,

Harden,

Pickett of Rabun,

Harrell,

Pickett of Gilmer,

Hawes,

Pope,

Hillyc,!r,

Puckett.

Hogan of Carroll, Ragsdale,

Hood,

Rawlins,

Humber,

Reid of Putnam,

Hutchins,

Robson,

James,

Roper,

Jones of Polk,

Sheffield of Miller,

Jordan of Hancock, Smith of Oglethorpe,

Jordan of Pulaski Smith of Walton,

Kennon,

Stanford,

Key,

Stewart of Milton.

Kimsey,

Stewart of Spalding,

Matthews of Pike. Taylor,

Matthews of Talbot, Turner,

Maund,

Turnbull,

THURSDAY, JANUARY 25, 1877.

207

Davis of Bibb,

Mcintyre,

Davis of Houston, McGar,

Davis of Stewart, Miller,

Dozier of Harris, Moses,

Dozier of Quitman, Murray,

Duggar,

North,

Duke,

O t t is,

Walton of Hualson, Wall, Wise, Wilkes, Whittle, Wilson, Wooldridge,

Those voting in the negative are Messrs.-

Adams of Chatham, Guyton,

Polhill.

Atwood,

Harralson,

Pr:ce,

Benson,

Hollis,

Reid of Mogan,

Brewer,

Hogan of Monroe, Richardson,

Brown of Fayette, Hughes,

Roberson,

Burch of Thomas, Johnston,

Rouse,

Burch of Elbert, Jones of McDuffie, Russell,

Callaway,

Kendrick,

Scruggs,

Case,

Kirby,

Shaw,

Causey,

Knox,

Sheffield of Early,

Colley,

Lang,

Sikes,

Collins,

Leach,

Simms,

Cox of Bryan,

Mallette,

Smith of Tatnall,

Davison,

Marshall,

Smith 'of Butts,

DeLoach,

McAfee,

Stewart of Taylor,

Dndlq,

McDonald,

Stokelv,

Evans, Faircloth,

McRae, MoLley,

-

Strickland, Thomas,

Fletcher,

Moore,

Tumlin,

Fort,

Northen.

Vick,

Fortner,

Owenby,

Walsh,

Frederick,

PJ.yne,

Willis,

Freeman,

Paul,

Williams,

Green,

Peek,

Wolihin.

Gresham,

Penn,

Willingh1m,

Glover of Twiggs, Perkins,

Wilcox.

Glover of Jonls, Pilcher,

208

JouRNAL oF THE HousE.

Those not voting are Messrs.-

Brockett, Carter, Goodrum,

Reece,

Wade,

Smith of Echols, Walton of Burke,

Yeas, 87; Nays, 80; Not voting, 7.

So the motion prevailed.

The~Senate then returned to their chamber.

Mr. Black offered the following resolution, to-wit:
A resolution, that the joint Committee on Rules be in. structed to report to each Honse such additional rules as may be necessary for the joint sessions of the General Assembly.
Which resolution was agreed to.

On motion, the same was ordered transmitted forthwith to the Senate.
Leave of absence was granted to Messrs. Puckett, Stew art of Milton, Whittle, Vick, Wade, Goodwin, and Smith of Echols.

On motion of Mr. Cox of Troup, the House then ad journed to 10 o'clock A.M., to-morrow.

ATLANTA, GEORGIA,
FRIDAY, January 26, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.

FRIDAY, JANUARY 26, 1877.

209

The roll call was, on motion, dispensed with.

Mr. vVillis, chairman of the Committee on Journals, reported the Journal of yesterday correct and approved.

The Journal was then read.

Mr. Stewart, chairman of the Committee on the Judi ciary, submitted the following report, to-wit:
Mr. Speaker:
The Committee on the Judiciary have considered the following bills, and recommend that the same do pass, to wit:
A bill to be entitled an act to provide for the manner of appointing the commissioners of the county of Mcintosh.
Also, a bill to be entitled an act to repeal an act to ere ate a board of commissioners of roads and revenues in the county of Fayette, and to define their duties, and for other purposes.
1\lso, a bill to be entitled an act to reduce the number of jurors in the County Court of Jasper county, to allow either party a jury trial on any cause pending, to provide how said jury shall be procured, and to authorize the commissioners to fix the per diem of said jurors.
Also, a bill to be entitled an act to amend section 2, 040 of the Code of 1873, in relation to property exempt from levy and sale.
Al~o, a bill to be entitled an act to establish a board of commissioners of roads and revenues for the county of Habersham, etc.
Also, a bill to be entitled an act to amend an act to pro vide for a board of commissioners of roads and revenues for the counties of Camden, Echols and Thomas, approved February 20, 1873, so far as the same relates to the county of Camden.
14

210

JOURNAL OF THE HoUSE.

Also, a bill to be entitled an act to change the time of holding the Superior Courts in the county of Miller.

Your committee have also had under considerationA bill to be entitled an act to incorporate a public inde pendent free school in the city of West Point, in Troup county, for which they offer a substitute and ask that the same may be ad?pted in lieu of original bill.
Also, a bill to be entitled an act to create a board of commissioners of roads, public buildings, public property and finance for the counties of Warren, Taliaferro, and for other purposes, for which they offer a substitute, ancf ask that the same may be adopted in lieu of original bill.
Also, a bill to be entitled an act to establish a City Court
for the city of Gainesville, prescribe its powers and juris- ,
diction, and for other purposes, to which bill your committee offer an amendment, and ask that the same do pass as amended.
Also, a bill to be entitled an act to authorize and empower the chairman of the board of county commissioners, in his ex-officio capacity as mayor of the city of Darien, to fine and imprison delinquent street hands in said city, to which bill your committee offer an amendment and ask that the same, as amended, do pass.
Also, a bill to be entitled an act to require the voters of Chattahoochee county to vote in their militia district, to which bill your committee offer an amendment, and ask that the same, as amended, do pass.

Your. committee have also had under consideration the follc>wing bills, and recommend that the same do not pass, to-wit:
A bill to be entitled an act to release from homestead and exemption in certain cases.
Also, a bill to be entitled an act to repeal and strike

FRIDAY, JANUARY 26, 1877.

211

out the second clause of section 4, 325 of the Code of 1873.
Also, a bill to be entitled an act act to amend section 3, 740 of the Revised Code of Georgia.
Also, a bill to be entitled an act to make sheriffs' titles good to real estate, and for other purposes.
Also, a bill to be entitled an act to alter and amend section 3, 911 of the Code of 1873, prescribing the mode and manner of drawing jurors in the Superior Courts of this State.
Also, a bill to be entitled an act to facilitate the collection of debts, and to enforce legal rights in the courts of law in the State of Georgia, by changing the time of filing petitions and defenses on the time of trial.
Also, a bill to be entitled an act to fix the compensation of Solicitors General in the State of Georgia, to prescribe the manner of its payment, and for other purposes therein mentioned.
Also, a bill to be entitled an act to preserve the purity of the ballot box in the State of Georgia.
Also, a bill to be entitled an act to amend section 4, 388 of the Revised Code of Georgia on subject of burglary in the night,
Your committee have also had under considerationA bill to be entitled an act to provide for the more just and equitable and economical compensation of the Tax Receiver and Collector, and they recommend that the same be referred to the Committee on Finance.
J. D. STEWART, Chairman.

Mr. Stewart of Spalding, 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, which they recommend do pass, to-wit:

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JouRNAL OF THE' HousE.

A biU to be entitled an act to reduce the bond of the sheriff of Wilkinson county.
Also, a bill to be entitled an act to amend an act organizing a County Court in the county of Randolph, and for other purposes.
Also, a bill to be entitled an act to amend section 3, 583 of the Code of 1873.
Also, a bill to be entitled an act to establish a board of commissioners for the county of Talbot, approved February 16, 1876.

Your committee have also had under consideration the following bills, to which they offer amendments, and ask that the same, as amended, do pass:
A bill to be entitled an act to change the oath of grand jurors, and to secure the better administration of public justice, and for other purposes.
Also, a bill to be entitled an act to make the Tax Collector of the county of Bibb ex-officio sheriff in certain cases.
Also, a bill to be entitled an act to ratify and confirm the orders and decrees of the Superior Courts of this State granting or renewing the existence of corporations, with all action thereunder of every kind by or with such corporations, and for other purposes.
Also, a bill to be entitled an act to amend section 459 of the Code of 1873 of Georgia in relation to changing
the place of holding Justices Courts in city districts as
often as may be necessary. Also, a bill to be entitled an act to regulate the pay of
jurors of the county of Chattahoochee. Also, a bill to be entitled an act to require the sheriffs
of this State to keep a record of persons committed to jail.
Also, a bill to be entitled an act to amend section 1,270

F!UDAY, JANUARY 26, 1877.

213 '

of the Code of Georgia, so far as the same relates to the counties of Wayne and Charlton.
Your Committee have also had under consideration the following bills, which they recommend do not pass, towit:
A bill to be entitled an act to amend section 3, 971 of the Code of Georgia in reference to the foreclosure of mortgages on personalty, and for other purposes.
Also, a bill to be entitled an act to amend section 4,570 of the Revised Code.
Also, a bill to be entitled an act to amend article 5, section 9, of the Constitution of the State of Georgia.
Also, a bill to be entitied an act to amend section 4, 560 of the Code of 1873 in regard to vagrancy.
Also, a bill to be entitled an act to authorize judgments at the first term of certain cases, to declare the lien of judgments, and for other purposes.
Also, a bill to be entitled an act to a.mend section 2,617 of the Code of Georgia, 1873, as amended by act of February 28, 1876.
Also, a bill to be entitled an act to amend an act prohibiting the sale of spirituous liquors in the town of Milner, on the Macon and Western Railroad, in the county of Pike, approved February 28, 1874.
Also, a bill to be entitled an act to prevent fraud on the ballot box in this State.

Your committee have also had under consideration-

A bill to be entitled an act to amend section 1,574 of the

Revised Code of Irwin, Lester and Hill, which section pre-

scribes the fees of inspector of fertilizers in the State, which

bill your committee recommend be referred to the Com

mittee on Agriculture.

J. D. STEWART, Chairman.

The following message was received from His Excellency the Governor, through Mr. Avery, his secretary, to-wit:

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JouRNAL OF THE HousE.

Mr. 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. Stokely, the message was taken up and read with accompanying documents, and is as follows:

EXECUTIVE OFFICE,
ATLANTA, GA., January 26, 1877. To t!te Gmeral Assembly :
I have the honor to submit for your consideration the accompanying document, received from the committee of Phy~icians of the State Board of Health, suggesting certain changes in the law regulating the powers and dutes of said board.
ALFRED H. CoLQUITT.
ATLANTA, GEORGIA, January 24, 1877.
To His Excellency Alfred H. Colquitt, Go11ernor of Georgia:
DEAR SrR-The undersigned beg leave to state that they have been appointed upon behalf of the Board of Health of the State of Georgia :o represent to your Excellency, and through you~to the Legislature, the difficulties which interfere with the successful operation of the law creating the board, and in accordance therewith, respectfully submit the followi:Jg statement, with the request that you will, at your earliest convenience, transmit it to the Legislature:
The Board of Health of the State of Ge0rgia, after careful consideration, have decided that it is due to themselves, to the State government, and especially to the important public interests committed to their charge, to represent that, after sufficient time has elapsed since their organization to make the experiment, they are forced to admit that they have not been able to accomplish fully the objects of the law, and are ,fully convinced that its intent cannot be attained

FRIDAY, JANUARY 26, 1877.

215

without most radical changes, and thus conforming it to the measures which have been found necessary in other States where boards of health h3.ve been successfully established.
It is not regarded as necessary or advisable to elaborate either the obstacles or the remedies, and they may be thus briefly stated:
Under the existing enactment, the board has no power to enforce any part of the ends for which it was created, and it is left entirely to the will of the people and communities whether they adopt any sanitary regulations whatever, and to the same voluntary disposition of physicians, ministers and Ordinaries, upon whom has been devolved the duty of executing the registration feature of the law for the returns of births, deaths and marriages. For reasons which are apr:arent to the board under the present statute, these laws of health will not be observed, and these returns will not be made, except under the pressure of an absolute compulsion. If, therefore, the board of health is to be continued, or unless the vital objects which have been sought are to be abandoned, the most stringent anq positive legislation must be adopted to force obedience to the demands of the board.
If it should be regarded as advisable to continue the existence of a registration law, it would be desirable to relieve the board appointed for the execution of a health law from the performance of a work which could be much more readily and efficiently performed by Tax Receivers, Ordinaries and the Comptroller General, and of antagonisms with the classes alluded to as responsible for the returns, calculated to cripple their influence in the discharge of the more immediately pressing and legitimate duties connected with the organization and enforcement of a thorough system of sanitary requirements throughout the State.
This system should embrace the absolute control of epidemics of every class, including conspicuously the power of enforcing vaccination and isolation during the prevalence

216

JouRNAL OF THE HousE.

of small-pox; the hygeine of cities and towns; the quarantine and disinfection of ships, steamboats and railroad cars; health regulations for asylums for the insane, blind, deaf and dumb: of hospitals, schools, prisons, and manufacturing establishments.
While the value of vital statistics to be obtained only through a system of registration is, after a number of years, very great, it is by no means necessary that they should be collected through the agency of a board of health, as it is with the results and returns of such registration that we have to do as the basis for a tabulation, to be used ultimately as a valuable adjuvant in promoting the health and general welfare of the State.
As the result of our experience with the present law, and investigation into the operation of health boards and laws of registration elsewhere, we would suggest, as indispensable to the success of either of the objects contemplated, and to which reference has been made, that the State should adopt such legislation as will require the returns of births and deaths to be made by heads of families, only requiring the certificate of the physician as to the cause of death ; but with such stringent provisions in the law as will be equally efficient in enforcing sanitary regulations, and in the collection of vital statistics, as the laws for the collection of taxes or the suppression of crime, neither of which are, in our judgment, in any degree more important. While, therefore, the present boa~d might be willing to continue to discharge the duties imposed in this connection as a gratuitous, and, we fear, unappreciated work, and as a labor of love in the interest of humanity, under a law which would give absolute power and ample means to enforce its requirements, and are prepared to suggest such provisions as would accomplish the object if it should be desired, they are not willing longer to remain as suppliants for existence, or the subjects of criticism for inefficiency in

FRIDAY, JANUARY 26, 1877.

217

the discharge of duties which they have neither legal power

nor means to perform.

For the more full and detailed consider,ation of this sub-

ject, embracing the difficulties and the remedies, we would

reft>r you to the able and comprehensive annual report of

the Secretary of the board.

Respectfully s_ubmitted. [Signed]

J. G. THOMAs, J- P. LoGAN,

H. F. CAMPBELL,

Committee.

On motion, the report of the committee from the State
Board of Health was referred to the Committee on Ju-
diciary. Mr. Stokely offered the following resolution, to-wit: Resolved, That the Committee on Public Property be
most respectfully requested to report to this House as soon as practicable as to the safety of this building, and whether or not there is a suitable building for the sessions of the Legislature in this city.
Agreed to.

Mr. Kennon offered the following resolution, to-wit: Resolved, That the doors of the gallery be closed for the day, and that no person be permitted to come upon t:le floor of the House, save the Senators and members, and those who have been invited to seats an the floor and are entitled to the privileges of the House. Resolved, That the doorkeeper be instructed to enforce this resolution rigidly and impartially. The resolution was agreed to.

Mr. Thomas, chairman of the Committee on New Coun-

ties and County Lines, submitted the following report:

Mr. Speaker:

'

The Committee on New Counties and County Lines

218

JouRNAL OF THE HousE.

have had under consideration the following bill, which they recommend do not pass, to-wit:
A bill to be entitled an act to repeal an act approved
January 25, 1872, changing the lines between the counties of Green and Morgan, and to re-establish the line as previous to said act.
Respectfully submitted. \V. W. THOMAS, Chairman.

Mr. Freeman, chairman of the Committee on Enrollment of the Senate, presented for the signatures of the Speaker and Clerk of the House pf Represenattives the following act, which has been signed by the President and Secretary of the Senate, and is now ready for the signatures of the Speaker and Clerk of the House of Representatives, to-wit:
An act to amend section 3, 216 of the Revised Code of 1873, and to make the same applicable to cases of mandamus.

The special order being the consideration of the bill to provide for the holrling of a Cons~itutional Convention, it ''as, on motion, taken up, and, on motion of Mr. Candler, the House went into the Committee of the Whole House for the consideration of the bill.
After some discussion, on motion of Mr. Walsh, the committee arose, reported progress, and asked leave to sit again.

Leave was granted Mr. Faircloth to be absent on important business.

Mr. Turnbull moved to rescind the resolution to clear the galleries, which motion did not prevail.

The hour of twelve o'clock M. having arrived, the Senate
appeared in the hall of the House, and the General Astil

FRIDAY, JANUARY 26, 1877.

219

sembly was called to order by Hon. Rufus E. Lester, President of the Senate.

The Senate and House Journals of yesterday were then read.
After nominations, the General Assembly, in joint session, then proceeded to ballot for a United States Senator f,)r the term commencing on the 4th of March next.

Upon calling the roll of the Senate, the result was as folbws:

Those voting for Mr. Hill are Messrs.-

Asbury, Brewstl!r, Bryan, Bush, Cabaniss, Chastain, Cody,

Cureton, Deadwyler, England, Godfrey, Harkness, Howell, Hudson,

McAfee, McLeod, O'Daniel, Ragsdale, Staten, Slaughter. Wilson.

Those voting for Mr. Norwood are Messrs.-

Black, Bulloch, Cliton, DuBose, Felton, Freeman, Furman,

Graham, Harrison, Hopps, Mattox, McDaniel, McDonald,

Newborn, . Reese, Reid, Wilcox, W essalowski,
Mr. President.

Mr. Gamble voted for Mr. Jenkins.

Mr. Shewmake voted.for Mr.~Smith.

Not voting-Messrs. Perry and Rutherford.


220

JouRNAL OF THE HousE.

Hill, 21. Norwood, 19. Jenkins, 1. Smith, 1.
Upon calling the roll of the House, the members voting viva voce, the result was as follows :
Those voting for Mr. Hill are Messrs.-

Adams of Lee,

Gresham,

Ott is,

Almon,

Goojrum,

Peacock,

Allred,

Guyton,

Peek,

Anderson,

Hammond,

Penn,

Awtry,

Harden,

Phillips of Carroll,

Bacon of Liberty, Harrell,

Phillips of Cobb,

Bennett,

Harralson,

Pickett of Rabun,

Bloodworth,

Hawe~,

Pickett of Gilmer,

Blue,

Hillyer,

Pope,

Born,

Hollis,

Puckett,

Bowen,

Hogan of Carroll, Ragsdale,

Branch,

Humber,

Robson,

Brockett,

Hood,

Roper,

Bunts.

Hutchins,

Sheffield of Miller,

Candler,

James,

Smith of Oglethorpe,

C1rlton,

Jones of Polk,

Smith of Walton,

Cloud,

Jordan of Hancock, Stanford,

Cochran,

Jordan of Pulaski, Stewart of Milton,

Colbert,

Kennon,

Stewart of Spalding,

Cox of Troup,

Key,

Stokely,

Davis of Bibb,

Kimsey,

Taylor,

Davis of Houston, Leach,

Tumlin,

Davis of Stewart, Marshall,

Turnbu 1l,

Dozier of Harris, Matthews of Pike, Walton of Burke,

Dosier of Quitman, Matthews of Talbot, Walton of Haralson

Dudley,

Maund,

Wise,

Duggar,

McAfee,

Wilkes,

Duke.

Mcintyre,

Whittle,

Freeman,

McGar,

Wilson,

Fry,: Grant, Gray,

FRIDAY, }ANUARY 26, 1877.

221

Moses, ::-.Iurray, North,

W onldridge, Mr. Speaker.

Those voting for Mr. Norwood are Messrs.-

Adams of Chatham, Glover of Jones, Rawlins,

Atwood,

Hughes,

Reid of Morgan,

Benson,

Johnston,

Reece,

Brewer,

Jones (lf McDuffie, Richardson,

Brown of Upson, Kendrick,

Roberson,

Brown of Fayette, Kirby,

Rouse,

Burch of Thomas, Knox,

Russell,

Burch of Elbert, Lang,

Scruggs,

Callaway,

Mailette,

Sheffield of Early,

Carter,

McDonald,

Sikes,

Case,

McRae,

Simms,

Collins,

Mobley,

Smith of Tatnall,

Corker,

Moore,

Smith of Butts,

Cox of Bryan,

Northen,

Stewart of Taylor,

Davison,

Owenby,

Strickland,

DeLoach,

Payne,

Thomas,

E~ans,

Paul,

Vick,

Fletcher,

Pearson,

Wall,

Fort,

Perkins,

Willis,

!<'red erick,

Pilcher,

Williams,

Green,

Polhill,

Wolihin,

Glover of Twiggs, Price,

Wilcox.

Those voting for Mr. Smith are Messrs.-

Hogan of Monroe, Walsh, Miller,

Willingham,

Those voting for Mr. Johnson are Messrs.-

Black, Colley,

Fortner,

Shaw,

Reid of Putnam, Turner.

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JouRNAL OF THE HousE.

Those not voting are Messrs. Causey, Faircloth, Smith of Echols, Wade.
Hill, 114. Norwood, 85. Smith, 5. Johnson, 5. Not voting, 4.

Upon counting the vote and consolidating the same, it appeared that the total number of votes cast was 210; necessary to a choice, 106. That Hon. B. H. Hill had received 114 votes, Hon. Thomas M. Norwood 85 votes,
Hon. H. V. Johnson 5 votes, Hon. J. M. Smith 5 votes,
and Hon. C. J. Jenkins 1 vote.
Mr. Hill having received a majority of the votes cast, was declared duly elected a Senator in the Congress of the United States for the term commencing 4th of March next, 1877, and ending March 4th, 1883.

On motion of Senator DuBose, the Senate then retired to their chamber.

Leave of absence was granted Messrs. Johnson of Richmond, Pilcher, Perkins, Born, Jones of Polk, Pope, Penn of Chattooga, Dozier, Puckett, Davis, Glover, Twiggs, Guyton, Perkins, Robson and vVilliams.

Mr. Kennon offered a resolution that the resolution closing the galleries be now rescinded, which motion prevailed.

On motion of Mr. Fry, the House then adjourned to 10

o'clock to-morrow morning.



SATURDAY, JANUARY 27, 1877.

223

ATLANTA, GEORGIA,
Saturday, January 27th, 1877. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. D. W. Gwin.
The call of the roll was dispensed with..
The Committee on Journals, through Mr. Duke, chairman pro tem., reported the Journal of yesterday correct and approved.
The Journal of yesterday was then read.
Leave of absence was granted Messrs. Kennon, Stokely, and Cox of Bryan.
Under a suspension of the rules, Mr. Green offered the following resolution, to-wit;
A resolutionThat the Committee on Public Property be authorized to have such additional accoustic wires put across the hall of the House of Representatives as they may deem necessary, and pay such amount for the same as they may deem necessary. Lost.
By Mr. JamesA resolutionTo authorize the Treasurer to pay ten per cent. on the change bills of the Western and Atlantic Railroad, was taken from the table, read and referred to the Committee on Finance.
The special order being the consideration of the bill "to provide for the holding of a c_onstitutional convention,"

224

JOURNAL OF THE HoUSE.

Mr. Allred moved that the same be postponed, and made the special order for next Tuesday at 11 o'clock.
Mr. Allred withdrew his motion. Mr. Jordan of Hancock moved that the House now go into Committee of the Whole House for the consideration of the bill. Mr. Colley called the previous question on the pending amendments. Mr. Colley withdrew his call for the previous question. The House then went into Committee of the Whole House. After some discussion, on motion of Mr. Hood, the committee rose, reported progress, and asked leave to sit again. Mr. Hood moved that, when the House again goes into Committee of the Whole, !hat the debate be closed in thirty minutes, and the committee report back to the House on the pending question, which motion prevailed. On motion of Mr. Hood, the House then went into the Committee of the Whole for the consideration of the bill. After discussion, the committee arose and reported the bill back to the House, with the recommendation that it do pass, as amended by the committee. Mr. Black moved that the consideration of the bill be postponed until after the call of the counties on Monday, and from day to day until disposed of, which motion prevailed.

Leave of absence was granted Messrs. Scruggs, Guyton, Bennett, Maund, and the Committee on the Lunatic Asylum.

Mr. Wilkes offered a resolution, that two hundred copies of the report of the Committee on the Deaf and Dumb Asylum be printed for the use of the House, which was agreed to.

SATURDAY, jANUARY 27, 1877.

225

Messrs. Kendrick, Williams, Roberson, and Reid of Putnam, were added to the Committee on Lunatic Asylum, at the request of that Committee.
Mr. Thomas, Chairman of the Committee on New Counties and County Lines, submitted the following report, towit:
Mr. Speaker: The Committee on New Counties and County Lines
haYe had under consideration the following bills, which they recommend do pass, to-wit:
A bill to be entitled an act to lay out and organize a new county from the counties of Coweta, Fayette and Meriwether, and attach the same to a judicial circuit, Senatorial and Congressional district, and for other purposes therein mentioned..
Also, a bill to be entitled an act to change the lines between the counties of Bibb and Twiggs.
Also, a bill to be entitled an act to change the lines between the counties of Bibb and Monroe.
Also, a bill to be entitled an act to change the lines between the counties of Taliaferro and Greene, so as to include the residences and enclosures of John T. Heard, Thomas Aiken and Red Runnels in the county of Taliaferro, and to define the line between said counties, and for other purposes.
Respectfully submitted. W. W. THOMAS, Chairman.

On motion of Mr. Hood, the House then adjourned to 10 o'clock on Monday morning.

15

226

JouRNAL OF THE HousE.

ATLANTA, GEORGIA,
MoNDAY, January 29, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called, and a quorum foJnd to be present.
Mr. Mallette, chairman pro tem. of the Committee on Journals, reported the Journal of Saturday read, found correct, and approved.
The Journal was then read.
The regular order being the call of the counties for the introduction of new matter, the following bills were read and referred as hereinafter specified :
The following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to-wit:
By Mr. RouseA bill to repeal an act to prevent seining in the waters of \Vorth county. By Mr. }{obsonA bill to organize a County Criminal Court in the county of washington. Bv Mr. Pilcher_/\ bill to repeal an act prohibiting the sale of liquors m \Varrenton, in the county of \Varren. By Mr. RobersonA bill to exempt maimed soldiers from poll tax. By Mr. McDonaldA bill to provide for a board of commissioners for the county of \Vare. By Mr. Brown of UpsonA bill to authorize \Villiam C. Harral to peddle without license.

MoNDAY, JANUARY 29, 1877.

227

By Mr. GloverA bill to abolish the County Court in the county of Twiggs. By Mr. Cox of TroupA bill to amend section 4, 608 of the Code. By Mr. ThomasA bill to amend the act providing for the probate of wills in this State, so as to include those probated in foreign countries. By Mr, WilcoxA bill to regulate the pay of jurors in the county of Telfair. Also, a bill to require the Georgia Land and Lumber Company to be incorporated under the laws of the State of Georgia. By Mr. Stewart of TaylorA bill to empower the Tax Collector of Taylor county
to levy tax .ft. fas.
Also, a bill to authorize the Mayor and Council of Butler to issue bonds.
By Mr. Matthews of TalbotA bill to amend section 1, 407 of the Code. Also, a bill to authorize the several Ordinaries of this State to enter up judgments vs. executors, administrators
etc., and issue ft. fas. and collect the same.
By Mr. Stewart of SpaldingA bill to make the purchase and sale of cotton futures a misdemeanor. Also, a bill to authorize the Ordinary of Spalding to remove his office from the court house. Also, a bill to amend the charter of t!le city of Griffin. Also, a bill to provide for the is<>uing and recording of orders on the County Treasurer of Spalding county. By Mr. PeekA bill to amend an act creating a County Court for the county of Rockdale.

228

JouRNAL OF THE HousE.

By Mr. BlackA bill to regulate the elective franchise in municipal elections in the city of Augusta. By Mr. Jordan of PulaskiA bill to amend section 4,411 of the Code. Also, a bill to make it penal for any person to change his or her proper name. By Mr. Matthews of PikeA bill to provide a form of government for the Georgia Institution for the Deaf and Dumb. Also, a bill to allow druggists to sell liquors and wines for sacramental and medical purposes, and alcohol for illuminating purposes, without license. By Mr. PopeA bill to require section 3) 917 to be be given in special charge to grand juries. By Mr. OttisA bill to allow Peterson Thweatt to sue the State. Also, a bill to amend the act to prevent the killing of game in the counties of Muscogee, Lincoln and Baldwin. By Mr. MurrayA bill to enable Solicitors General to defend criminal cases and receive pay therefor. Also, a bill to regulate the sale of liquor in Wild Cat and Scull Schoals districts, in Oconee county. Also, a bill to allow Robert Law to peddle without license. By Mr. Ottis- A bill to amend section 4, 440 of the Code. By Mr. Reid of Morgan-A bill to amend section 4,441 of the Code. By Mr. MosesA bill to regulate the docketing and trial of cases in the Supreme Court. Also, a bill to repeal sections 3,907, 3,908, 3,909, 3, 911, 3, 912, 3, 913 and 3, 931 of the Code.

MoNDAY, JANUARY 29, 1877.

229

Also, a bill for the relief of tht> assighees of J. J. Boswell, deceased.
By Mr. Jones of McDuffieA bill to change the place of holding sheriff's sale in the county of McDuffie. By M:r. TaylorA bill to change the time of holding the Superior Courts in the counties of Meriwether, Campbell and Fayette. By Mr. CarterA bill to abolish the County Conrt in tl~e ounty of Lowndes. By Mr. CollinsA bill to authorize the Ordinary of the county of Mitchell to farm out convicts. Also, a bill to provide for a board of county commissioners for the county of Mitchell. Also, a bill to make the Tax Collectors of Mitchell and Colquitt counties ex-officio sheriffs in certain cases. By Mr. CarterA bill to amend the charter of the town of Valdosta. By Mr. Davis of HoustonA bill to amend the County Court laws, so far as the same apply to the county of Houston. By Mr. NorthenA bill to prevent the sale of intoxicating liquors near Mt. Zion, in the county of Hancock. By Mr. MillerA bill to amend the homestead laws of this State. By Mr. Davis of HoustonA bill to amend the charter of the town of Perry. By Mr. McGarA bill to amend the act creating a hoard of commissioner;; for the county of Emanuel. By Mr. ReeceA bill for the relief of J. Branham. By Mr. Grant-

230

JouRNAL OF THE HousE.

A bill to amend section 1, article 3, paragraph 3, of the Constitution.
By Mr. CauseyA bill to abolish the County Court in the county ot Crawford. By Mr. StanfordA bill to amend the several acts incorporating the town of Hamilton. By Mr. Davis of HoustonA bill to amend section 3, U72 of the Code. By Mr. Adams of LeeA bill to regulate the assessment of county taxes in the county of Lee. By Mr. Davis of HoustonA bill to amend st>ction 2, 026 of the Code. By 1\'Ir. RussellA bill to amend the laws in relation to the City Court of Savannah. By Mr. PhillipsA bill to amend an act prohibiting the sale of intoxicating liquors near the village of Villa Rica. By. Mr. RussellA bill to amend the act fixing the fees of the sheriff of Chatham county. By Mr. MalletteA bill to require the registration of voters in the county of Camden. By Mr. JamesA bill to require the Ordinary of Fulton county to perform certain duties therein named. By Mr. WooldridgeA bill to create a board of commissioners for the county of Chattahoochee. By Mr. RussellA bill to amend section 4, 886 of the Code of 1873. By Mr. Wooldridge-

MoNDAY, JANUARY 29, 18i7.

231

A bill to repeal an act prohibiting the sale of spirituous liquors in Cusseta disrtict, Chattahoochee county.
By Mr. CloudA bill to prohibit the sale of liquors ntear Pleasant Grove Academy and church, in Clayton county, By. Mr. RawlinsA bill to abolish the County Court in the county of Dodge. By Mr. CloudA bill to attach the county of Clayton to the Flint Judicial Circuit.

By Mr. StricklandA resolutionAuthorizing the State Librarian to furnish certain books to the Clerk of the Superior Court of Clinch county.

By Mr. CloudA bill to change the line between the counties of Fulton and Clayton. By J\ir. BaconA bill to amend section 3, 6M of the Code. By Mr. ColleyA bill to protect and preserve unimpaired the right of trial by jury. By Mr. HawesA bill to require Judges of the Superior Courts of this State to alternate, and for other purposes. By Mr. Davis of StewartA bill to amend section 4,814 of the Code in relation to the employment of convicts. By Mr. CorkerA bill to amend an act entitled an act to organize a a Criminal Court for the county of Burke, and for other purposes. By Mr. Colley-

232

JouRNAL oF THE HousE.

A bill to allow the Justices of the Peace m Lincoln county criminal jurisdiction for the trial of misdemanors.
By Mr. RichardsonA bill to further protect the ballot from corruption.
By Mr. ColleyA bill to change the penalty of bes~iality as contained in section 4, 355 of the Revised Code.
By Mr. HawesA bill to regulate the granting of judgments in the Superior Courts in this State.
By Mr. TumlinA bill to organize a Criminal Court for the county of Bartow and to define its jurisdiction, and for other purposes.

The following bill was introduced, read the first time, and referred to the Committee on Internal Improvements:
By Mr. Davis of HoustonA bill to alter and amend the road laws of the State, so far as relates to the county of Houston to provide for the more effectual working of the public roads in said county, to auth0rize the employment of convict labor on said roads, and to authorize the board of commissioners of roads and revenue in said county to carry into effect this act, and for other purposes.

Mr. Speaker:
The Committee on Public Property, to whom was referred the following resolution :
Resolved, That the Committee on Public Property be most respectfully requested to report to this House as soon as practicable as to the safety of this building, etc,, beg leave to submit as their report the attached two reports of Calvin Fay, architect-one made to Governor James M. Smith on November 28th, 1876, and the other to your

Mo:>~DAY, JANUARY 29, 1877.

233

committee, through Hon. Mr. Hillyer, on January 26th, 1877.
Respectfully submitted. M. A. EVAKS of Jefferson, Chairman.

ATLANTA, GEORGIA, November 28, 1876.
Hon. James M. Smith, Governor of Georgia: SIR-Agreeably to your request, I have carefully ex-
amined the Capitol building, and beg leave to make the following repcrt:
The main supports in the roof a1 e perfectly sound, and abundantly sufficient to carry all the weight required of them.
The crooked form the roof has assumed is in consequence of the shrinkage of the timbers, which has let it down in some places, while at other points supported by brick walls, it remains in its original position.
My opinion is hat the main roof should be stripped of its covering, and be straightened by forcing up the sheeting to an even surface. The slates should then be replaced and new gutters put in. This will cost about $1,000.
The most serious difficulty, I think, is the condition of the west end wall, and about fifty feet of the south side wall. The west end wall is considerably bulged out, and the south wall at that end of the building is very much cracked. While I do not apprehend any immediate danger of its fallmg, yet I would recommend that the Library be removed from that part of the building, thereby relieving the walls from all duty of supporting anything except the mere weight of the building.
These walls cannot be repaired except by taking them down to the second floor and rebuilding them, which I would recommend to be done. This will inolve considerable expense, as the building will have to be shoved up all the way from the ground in a very careful manner.
The new work should be carefully and securely an-

JouRNAL oF THE HousE.

chored to the old work with iron anchors, so as to bind it closely together. All the inside in this part of the building, of course, must be replastered. All this work will cost about $6, 000.
The Senate chamber and Representative hall will rerequire to be repainted and the plastering repaired, which will cost about $800, making the whole cost of repairs proposed $7,800.
Respectfully submitted. CALVI:-! FAY, Architect.

ATLANTA, GA., January 26, 1877. Hon. Henry Hillyer:

DEAR SIR--Agreeably to your request, I have again examined the capitol building, and can see no cause of alarm as to its stability. It remains about the same as it was when I examined it a few weeks ago.

In making my report to the Governor, November 28, 1876, I did not intend to convey the impression that there was any danger of the falling of the building, or that it would

be at all dangerous for the Legish.ture to hold their session in it t~:is winter.
I think that, with the appropriation proposed in my report, the building can be so repaired as to make it perfectly sound in every respect.

Very. respectfully,

CALVIN FAY.

The following message was received from the Senate, through l\lr. Harris, the Secretary thereof:
Mr. !:>peaker: The Senate has passed the following bills, to-wit: A bill to amend s~tion 4, 712 of the Code. Also, a bill to regulate the compensation of the county
officers of the counties of Union. Towns and Rabun. Also, a bill for the better protection of creditors of es-

MoNDAY, JANUARY 29, 1877.

235

tates in all proceedings for the setting apart of the year's

support to widows and minors. Also, a bill to amend section 151 of the Code. Also, a bill to fix the pay of the grand and traverse ju-

rors and constables in the counties of Paulding and Har-

alson.



Also, a bill to require the county school commissioners

of the several counties to make annual reports of school operations.

Also, a bill to repeal an act to consolidate the offices of Tax Collector and Tax Receiver of Gilmer county.

Also, a bill to provide for the payment of certain criminal costs in the Northern Judicial Circuit of this State, so far as relates to the county of Lincoln.

Also, a bill to amend section 245 of the Revised Code.

The following bills were introduced, read the first time, and referred to the Committee on Finance, to-wit :
By Mr. RichardsonA bill to amend section 20 of the charter of the city of Dalton. By Mr. KnoxA bill to reduce the fees of timber measurers on the Satilla river, and for other purposes. By Mr. PeacockA bill to fix the per diem of officers and jurors in the counties of Washington and Johnson. By Mr. RobsonA bill for the relief of maimed Confederate soldiers.

By Mr. McDonaldA resolutionAsking the suspension of the collection of State taxes in the county of Ware.
By Mr. Awtry-

236

JouRNAL OF THE HousE.

A bill to amend section 889 of the Code. Also, a bill to amend the tax laws of this State as to express and telegraph companies. By Mr. FairclothA bill to reduce the sheriff's bond of the county of Wilcox. By l\Ir. Pickett of RabunA bill for the relief of Geo. A. Greenwood. By Mr. Reid of MorganA bill for the relief of John R. Hough. By Mr. BloodworthA bill to refund certain moneys to the tax payers of the county of Monroe. By Mr. Miller of HoustonA bill to repeal sections 1,571, 1,572, 1,573, 1,574, 1,575, and 1,576 of the Code. By Mr. JamesA bill to pay 10 cents on the dollar on the change bills of the \Vestern and Atlantic Railroad. By Mr. McGarA bill to fix the per diem of jurors 111 the county of Emanuel. By Mr. CandlerA bill to consolidate the offices of Tax Receiver and Collector for certain counties in this State. By Mr. Adams of LeeA bill to regulate the pay of juror~ in the county of Lee. By Mr. FortnerA bill to fix the fees of jurors and bailiffs in the county of Johnson. By Mr. RawlinsA bill to exempt from taxation two hundred dollars' worth of property to each head of a family in this State. By Mr. ThomasA bill to provide for letting out certain offices, therein named, to the lowest bidder.

MoNDAY, }ANUARY 29, 1877.

237

By Mr. CaseA bill to reduce the sheriff's bond in the county of Dade. By Mr. RussellA bill to prescribe the fees of Justices of the Peace and constables in the county of Chatham. By Mr. Cox of Bryan-A bill for the relief of Charles H. Baker and Jacob Wise of the county of Bryan. By Mr. ReidA bill for the relief of J. A. Parrett, of the county of Morgan. By Mr. TumlinA bill for the relief of E. W. Johnson, of Bartow county. Also, a bill for the relief of J. W. Kinabrew, of the county of Bartow.

By Mr. HawesA resolutionTo appropriate a sufficient fund to furnish Baker county with Supreme Court reports.

By Mr. Brockett-
A bill to exempt certain property of widows and orphans
from taxation. By Mr. CorkerA bill to authorize the Governor to issue certain bonds. By Mr. PearsonA bill to appropriate the sum of $3,000 to remove ob-
structions in the Satilla river. By Mr. PaineA bill for the relief of Valentine Klein. Also, a bill to authorize the Governor to purchase the
files of the Southern Recorder. By Mr. McEntireA bill for the relief of Daniel McKenzie. By Mr. Mallette-

238

JouRNAL OF THE HousE.

A bill to appropriate certain moneys to build a jail at St. Marys.

The following bills \1 ere introduced, read the first time and referred to the Committee on Corporations, to-wit:
By Mr. Brown, of UpsonA bill to incorporate The Rock in the county of Upson. By Mr. HammondA bill to am:'nd the act, incorporating the town of Boston in the ccunty of Thomas. By l\Ir. BlackA bill to incorporate the Georgia Chemical Works. Also, a bill to amend an act incorporating the Augusta Saving's Institution. By Mr. Walsh-A bill to amend the act incorporating the village of Summerville. By Mr. PriceA bill to incorporate the Fish Trap Gold Mining Company. Also, a bill to incorporate the Georgia Land and Immigration Company. Also, a bill to incorporate the Auraria Hydraulic and and l\Iining Company. By Mr. Hillyer-A bill to amend the charter of the Schofield Rolling Mill Company. By Mr. RawlinsA bill to change the time of holding the Superior Court in the county of Dodge. By Mr. James-A bill to amend the charter of Atlanta. By Mr. RawlinsA bill to compel the School Commissioner of Dodge county to pay t~acht:rs of public schools pro rata of the school fund of said county.

MoNDAY, jANUARY 29, 18i7.

239

By Mr. Fry-

A bill to incorporate the Atlanta Testing and Mining

Company.

By Mr. Hutchins--

.

A bill to incorporate the Lawrenceville Branch Railroad

Company.

By Mr. Carlton-

/\ bill to amend the charter of the city of Athens.

By Mr. Tumlin-

A bill to repeal an act to prevent the sale of spirituous

liquors in and near the town of Kingston, in Bartow county.

By Mr. Whittle-

A bill to incorporate the Georgia Cornwall Copper Min-

ing Company, and for other puq_::oses.

By Mr. Phillips of Cobb-

A bill to incorporate the Laurel Mill Manufacturing

Company.

The following bill was introduced, read first time and referred to the Committee on the Lunatic Asylum:
By Mr. RichardsonA bill to equalize rhe counties of this State in the appropriation hereafter made to the Lunatic Asylum.

The following bill was introduced, read first time andreferred to the Committee on Military:
By Mr. FryA bill to exempt from jury duty and city and county road duty and poll-tax, members of the volunteer military of the State of Georgia, and for other purposes.

The following bills were introduced; read the first time, and referred to the committee on agriculture, towit:
By Mr. KnoxA bill to tlefine the liability of owners of pastures or enclosures for stock. By Mr. Fort-

240

JOURNAL OF THE HOUSE,

A bill to make uniform the weighing of cotton in this State,
By Mr. Smith, of OglethorpeA resolution requesting our members of Congress and Senators to urge a repeal or modification of the Internal Revenue Laws, so far as the same relates to the distillation of fruit.
By Mr. Smith, of OglethorpeA bill to make defendants completent witnesses in cases of bastardy. Also, a bill to amend section 4, 319 of the code.
By Mr. WillisA bill to provide for the appointment by the Commissioner of Agriculture of a State Chemist and Inspector of Fertilizers.
By Mr. PriceA bill to amend the act incorporating the Belgian American Company.
By Mr. FrederickA bill to amend section 1,431 of the Code. By Mr. Jordan of HancockA bill to protect land owners and secure the collection of rents. By Mr. NorthenA bill to amend the act providing for the collection and publication of agricultural statistics. By Mr. Adams of LeeA bill to regulate the sale of farm products in the county of Lee. By Mr. StricklandA bill to allow certain parties to fire the woods in the county of Clinch. By Mr. MalletteA bill to amend an act for the protection of the farmers of Charlton county, to embrace the county of Camden.

MoNDAY, jANUARY 29, 18i7.

241

The following bills were introduced, read the first time, and referred to the Committee on Education, to-wit;
By Mr. Ptckett of RabunA bill to establish a system of public schools for the county of Rabun. By Mr. FortA bill for the relief of the board of education in the city of Amerkus. By Mr. PickettA bill for the relief of the county school commissioner of the county of Gilmer. By Mr. PolhillA bill to empower the board of education of the county of Jefferson to submit the question of a school tax to the vote of the people. By Mr. Smith of ButtsA bill for the relief of teachers of public schools of Butts county for the year 1871. By Mr. W oolrdidgeA bill to create liens in favor of school teachers. By Mr. MalletteA bill to provide for the compensation of the county board of Camden. By Mr. CarltonA bill to direct the appropriations made by the General Government to this State.
The following message was received from the Senate through Mr. Harris, the Secretary thereof:
Mr. Speaker: The Senate has passed the following bills, to-wit: A bill to consolidate the offices of County Treasurer
and Clerk of the Superior Court of the county of Paulding. Also, a bill to amend the claim laws of this State. Also, a bill to amend an act authorizing the lease for
twenty years of the penitentiary convicts.
16

242

JOURNAL OF THE HoUSE.

Also, a bill to prescribe the mode of tax returns of corporations, companies, persons, agencies or institutions required by law to be made to the Comptroller General.
Also, a bill to change the liue between the counties of Lumpkin and White.
Also, a bill to provide for the appointment of school trustees in sub-districts.
Also, a bill to prohibit the sale of spirituous liquors within the limits of 432u district G. M., in the county of Irwin.
Also, a bill to amend section 3,514 of the Code. Also, a bill to regulate the compensation of Tax Receiver of tax returns and Tax Collector for the counties of Dade, Walker and Catoosa. Also, a bill to fix the compensation of tales jurors of the county of Henry. Also, a bill to apportion road hands in the counties of Emanuel and Johnson. Also, a bill to amend an act to incorporate the town of Danielsville, in the county of Madison.

The Senate has concurred in a resolution of the House of Representatives that the Joint Committee on Rules be instructed to report to each house such additional rules as may be necessary for the joint session of the General Assembly.

The-Senate has passed the following bills of the House of Representatives, to-wit:
A bill to perfect the organization of the City Court of Atlanta.
Also, a bill to amend section 4,414 of the Revised Code. Also, a bill to repeal an act to consolidate the offices of Tax Collector and Tax Receiver, so far as the same relates to the county of Appling. Also, a bill to repeal so much of an act to create a County

MoNDAY, JANUARY 29, 1877.

243

Court in each county, so far as the same relates to the county of Jackson.
The following bills were introduced, read the first time, and referred to the Committee on Banks, to-wit :
By Mr. Jordan, of PulaskiA bill to amend an act to incorporate the Hawkinsville Bank and Trust Company. By Mr. Bacon, of BibbA bill to authorize the directors of the Exchange Bank of Macon, to reduce the capital stock of said bank. By Mr. WhittleA bill to revise, continue in force and amend so much of the act of the General Assembly of this State, entitled an act to incorporate the People's Bank of Macon, also the bank of Southwestern, Georgia, at Americus. Approved October 24, 1870, as relates to the Peoples Bank of Macon.

The following bill was introduced, read the first time, and referred to the committee on the Deaf and Dumb Asylum, to-wit:
By Mr. WilkesA bill to change the age of admission into the Asylum for the Deaf and Dumb.

The following bills were introduced, read the first time, and referred to the Committee on New Counti~s and County Lines, to-wit:
By Mr. ColbertA bill to change the line between the counties of Madison and Clarke. By Mr. HoodA bill to alter and change the county lines between the counties of Stewart and Randolph.

Upon conclusion of the call of counties, Mr. Cox of Troup moved to suspend the rules for the purpose of tak-

244

JOURNAL OF THE HoUSE.

ing up a bill authorizing the city of West Point to establish an independent free school, which motion prevailed.
The bill was read the the third time and passed, by substitute.

Under a suspension of the rules, the joint resolution appointing a Committee on Insurance, from the Senate, was concurred in.

The contested election case from Baker county was, on motion of Mr. Hood, made the special order for to-morrow at 11 o'clock, and fr0m day to day until completed.

On motion of Mr. Walsh, the House took up the regular order, it being the bi11 to provide for the holding of a Constitutional Convention.
The different sections and amendments thereto were then read and disposed of, as follows:
The second section and amendments 6ereto were read, and the amendments were adopted.
The fourth section having been also amended was read, with the amendments thereto.
Mr. Walsh offered a substitute for the fourth section and amendments thereto.
The previous question was called on the amendments to the fourth section, which call was sustained.
The main question was put, and the substitute of Mr. Walsh was lost by yeas 60, nays 65, under a call for the same by Mr. Jordan of Hancock.
Those voting in the affirmative are Messrs.-

Adams of Chatham, Harden,

Almon,

Harralson,

Atwood,

Hawes,

Black,

Hillyer,

Born,

Hood,

Branch,

Hughes,

Ott is, Peacock, Payne, Peek, Phillips of Cobb, Polhill.

MONDAY, JANUARY 29, 1877.

245

Brewer,

Hutchins,

Ragsdale,

Burch of Thomas, James,

Rouse,

Callaway,

Jones of McDuffie, Russell,

Candler,

Jordan of Hancock, Sikes,

Carlton,

Lang,

Simm;;,

Cloud,

Mallette,

Smith of Tatnall,

Cox of Troup,

Marshall,

Stanford,

Davis of Houston, Matthews of Pike. Stewart of Taylor,

Davis of Stewart, Matthews of Talbot, Stewart of Spalding,

DeLoach,

McAfee,

Thomas,

Dozier of Harris, McDonald,

Tumlin,

Dozier of Quitman, Miller,

Turnbull,

Freeman,

Moses,

Walsh,

Gresham,

Murray,

Wilkes.

Those voting in the negative are Messrs.-,

Adams of Lr.e, Allred, Awtry, Bacon of Liberty, Bloodworth, Blue, Bowen, Brockett, Brown of Upson, Bunts, . Carter, Case, Causey, Collins, Corker, Davison, Davis of Bibb, Duggar, Duke, Fletcher, fort, Frederick,

Fry,

Pickett of Gilmer,

Grant,

Price,

Gray,

Rawlins,

Green,

Reid of Mogan,

Glover of Twiggs, Reece,

Glover of Jones, Richardson,

Hammond.

Robson,

Harrell,

Roper,

Hollis,

Sheffield of Early,

Hogan of Monroe, Sheffield of Miller,

Hogan of Carroll, Smith of Oglethorpe,

Humber,

Smith of Echols,

Jordan of Pulaski Smith of Walton,

Key,

Strickland,

Kimsey,

Turner,

Kirby,

Walton of Burke,

Knox,

Walton of Haralson,

Leach,

Wall,

Mcintyre,

Wolihin.

McGar,

Willingh'lm,

Pearson,

Wilcox.

Phillips of Carroll,

246

JouRNAL oF THE HousE.

The Speaker appointed the following committee on the part of the House, under a joint resolution to in!'ure the public buildings, to-wit: Messrs. Price, Matthews of Pike, Wolihin.

The Speaker appointed the following standing committee on Privileges of the floor, to-wit: Messrs. Turnbull, Miller, Harralson, Lang, Gray, Williams and Collins.

Seats on the floor were tendered Messrs. A. J. Hansell and Hon. Geo. N. Lester.

Leave of absence was granted Messrs. McRae and \Vise. On motion of Mr. Adams of Chatham, the House adjourned to 10 o'clock A.M. to-morrow.

ATLANTA, GEORGIA,
Tuesday, January 30th, 1877. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found present.
Mr. Roper, from the Committee on Journals, reported the Journal of yesterday read and approved.
The Journal was then read.
On motion of Mr. Adams of Chatham, the Hon. J. L. Warren, of the county of Chatham, was invited to a seat on the floor during his stay in the city,
Mr. Turnbull moved to reconsider the action of the House on yesterday upon the substitute offered by Mr.

TUESDAY, JANUARY 30, 1877.

247

Walsh to the fourth section of the bill "to provide for the holding of a Constitution<!! Convention."
Upon this motion, Mr. Fort called for the yeas and nays, which call was sustained, and the result was as follows:
Those voting in the affirmative, upon the motion to reconsider, are Messrs.-

Adams of Chatham, Green,

Moore,

Atwood,

Gresham,

Moses,

Awtry,

Guyton,

.Murray,

Benson,

Harden,

Otti~,

Black,

Hawe~,

Peek,

Born,.

Hillyer,

Phillips of Cobb,

Branch,

Hood,

Polhill,

Brewer,

Hughes.,

Pope,

Burch of Thomas, Hutchins,

Rouse,

Callaway,

James,

Russell,

Candler,

Jones of McDuffie, Sikes,

Culton, Cochran,

Jones of Polk,

Simms,

Jo~dan of Hancock, Smith of Tatnall,

Colbert,

Jordan of Pulaski, Stanford,

Colley,

Kennon,

Stewart of Taylor,

Cox of Troup,

Knox,

Stewart of Spalding,

Davis of Houston, Lang,

Thomas,

Davis of Stewart, Mallette,

Tumlin,

DeLoach,

Marshall,

Turnbull,

Dozier of Harris, Matthews of Pike, Wade,

Dosier of Quitman, Matthews of Talbot, Walsh,

Evans,

McAfee,

Wise,

Fortner,

McDonald,

Wilkes,

Freeman,

Miller,

Willis.

Those voting in the negative are Messrs.-

Adams of Lee, Almon, Ail red, Bacon of Liberty, Blood worth,

Frederick, Grant, Glover of Twiggs, Glover of Jones, Hammond,

Rawlins, Reid of Morgan, Richardson, Robson, Roper,

248

JouRNAL OF THE HousE.

Blue, Bowen. Brockett, Brown of Upson, Bunts, Carter, Case, Causey, Cloud, Collins, Corker, Davison, Davis of Bibb, Duggar, Duke. Fletcher, Fort,

Harrell, Harralson, Hollis, Hogan of Monroe, Hogan of Carroll, Humber, Key, Kimsey, Kirby, Leach, Mcintyre, McGar, Pearson, Phillips of Carroll, Pickett of Rabun, Pickett of Gilmer, :Ragsdale,

Shaw, Sheffield of Early, Sheffield of Miller, Smith of Oglethorpe, ~mith of Echols, Smith of Walton, Smith of Butts, Stokely, Strickland, Turner, Walton of Burke, Walton of Haralson Wall, Wooldridge, Wolihin, Wilcox.

Those not voting are Messrs.-

Anderson,

Mobley,

Puckett,

Eennett,

North,

Reid of Putnam,

Burch of Elbert, Northen,

Reece,

Cox of Bryan,

Owenby,

Roberson,

Dudley,

Peacock,

Stewart of Milton,

Gray,

Payne,

Taylor,-

Goo:huon,

Paul,

Vick,

Johnston,

Penn,

Whittle,

Kendrick,

Perkins,

Wilson,

Maund,

Pilcher,

Williams,

McRae,

Price,

Willingham.

Yeas, 72.

Nays, 6~

Not voting, 33.

So the motion to reconsider prevailed.

The time having arrived for the consideration of the

contested election case from the county of Baker, it being

the special order, Mr. Jordan of Hancock moved to post-

TUESDAY, }ANUARY 30, 1877.

249

pone the same and make it the special order for to-morrow at 11 o'clock.
The Chair ruled that it was displaced by the c_onsideration of the bill now before the House. and that it would come up immediately upon the disposal of the Convention bill.
The question recurred upon the substitute of Mr. Walsh for the fourth section of the bill.
Mr. vValsh asked leave of the House to have read an additional section which he proposed to offer, for information.
Upon the question of the adoption of the substitute the yeas and nays were called for by Mr. Sheffield. The call was sustained, and the result was as follows :
Those voting in the affirmative are, Messrs.-

Adams of Chatham, Green

Moore,

Almon

Gresham

Moses,

.Atwood,

Guyton,

Murray,

Awtry

Harden,

Ottis

Benson,

Hawes,

Peek,

Black,

Hillyer,

Phillips of Cobb,

Born,

Hood

Polhill,

Branch.

Hughes,

Pope,

Brewer,

Hutchins

Ragsdale,

Burch of Thomas, James

Rouse,

Callaway,

Jones of McDuffie, Russell,

Candler,

Jones of Polk,

Stkes,

Carlt-?n,

Jordan of Hancock, Simms,

Cloud,

Jordan of Pulask.i, Smith of Tatnal1,

Cochran,

Kennon,

Stanford,

Colley,

Kirby,

Stewart of Taylor,

Cox of Troup,

Knox

Stewart of Spalding

Davis of Houstun, Lang,

Thomas,

Davis of Stewart, Mallette,

Tumlin,

DeLoach,

Marshall,

Turnbull,

Dozier of Harris, Matthew'> of Pike, Wade,

Dozier of Quitman, Matthews of Talbot Walsh,

250

JOURNAL OF THE HousE.

Evans, Fortner, Frt:eman,

McAfee, McDonald, 1\Iiller

Wise, ,Wilkes, Willis.

Those voting in the negative are Messrs.-

Adams of Lee, Allred, Bacon of Liberty, Bennett, Blood worth, Blue, Bowen, Brockett, Brown of Upson, Buntz, Carter, Case, Causey, Colbert, Cdllins, Corker, Davison, Davis of Bibb, Duggar, Dnke, Fletcher, Fort, FrederiGk,

Fry, Grant, Gray, Glover of Twiggs, Glover of Jones, Hammond, Harrell, Harralson, Hollis, Hogan of Monroe, Hogan of Carroll, Humber, Key, Kimsey, Leach, Mclnyre, McGar, Payne, Pearson, Phillips of Carroll, Pickett of Rabun, Pickett of Gilmer, Rawlins,

Reid of Morgan, Reese, Richardson, Robson, Roper, Shaw, Sheffield of Early, Sheffield of Miller, Smich of Oglethorpe. Smith of Echols, Smith of Walton, Smith of Butts, Stokelv, Strickland, Turner, Walton of Burke, Walton of Harralson, Wall, Wooldridge, Wolihin, Willmgham, Wilcox.

Those not voting are Messrs.-

Anderson, Brown of Fayette, Burch of Elbert, Cox of Bryan, Dudley,* Faircloth, G<Jodrum,

Mobley, North, Northen. Owenby, Peacoc:.., Paul, Penn,

Puckett. Reid of Putnam, Roberson, Scruggs, Stewart of Milton, Taylor, Vick,

TUESDAY, jANUARY 30, 1877.

251

Johnston, Kendrick, Maund, McRae,

Perkins, Pilcher., Price,

Whittle, Wilson, Williams.

Yeas 75. Nays 68. Not voting 31.

So the substitute was adopted.

The amendment of Mr. Moses to the amendment of ::\fr.

Stewart, was then put and lost.

The amendment of Mr. Stewart was then put and lost.

The section offered by Mr. Walsh, was then taken up,

the previous question being called on its passage, which

call was sustained, the main question was ordered, and the

section was adopted.

The amendment by Mr. Sheffield was then taken up.

Mr. Black called the previous question upon the pend-

ing amendment, the call was sustained, the main question

put.

Mr. Stokely called for the ayes and nays, which call was

sustained, and the result was as follows :

Those voting in the affirmative are, Messrs.-

Adams of Lee,

Gray,

Reese,

Allred,

Glover of Twiggs, Richardson,

Bacon of Liberty, Glover of Jones, Robson,

Bennett,

Hammond,

Rnper

Bloodworth,

Harrell,

Sh"l.w,

BluP,

Harralson,

Sheffield of Early,

Bowen,

Hillyer,

s:.effield of Miller,

Brockett.,

Hollis,

Smith of Oglethorpe,

Brown of Upson, Hogan of Monroe, Smith of Walton,

Bunts,

Hog~n of Carroll, Smith of Butts,

Carter,

Humber,

Stoke!<-,

Cloud, Collins,

Key, Leach,

Turner,

Wade,

~

Corker,

Mcintyre,

Walton of Burke,

Davison,

M cGar,

Walton of Haralson,

Davis of Bibb,

Pearson,

Wall,

252

JOURNAL OF THE HOUSE.

Dugger, Duke, Fletcher, Fort, Frederick, Fry, Grant,

Phillips of Carroll, Wise,

Pickett of Ra.hun, Wooldridge,

Pickett of Gilmer, Wolihin,

Price,

Willingham,

Ragsdale,

Wilcox,

Rawlins,

Reid of Morgan,

Those voting in the negative are Messrs.-

Adau.s of Chatham, Freeman,

Moore,

Almon,

Green,

Moses,

Atwood,

Gresham,

Murray,

Awtry,

Guyton,

Ottis,

Benson,

Harden,

Payne,

Black,

Hawes,

Peek,

Born,

Hood,

Phillips of Cobb,

Branch,

Hughes,

Polhill,

Brawer,

Hutchins,

Pope,

Burch of Thomas, James,

Rouse,

Callaway,

Jones of McDuffie, Russell,

Candler,

Jones of Polk,

Sikes,

Carlton,

Jordan of Hancock, Simms,

Case,

Jordan of Pulaski, Smith of Echols,

Cochran,

Kennon,

Sm:th of Tatnall,

Colbert,

Kirby,

Stanford,

Colley,

Knox,

Stewart of Taylor,

Cox of Troup,

Lang,

Stewart of Spalding,

Davis of Houston, Mallette,

Strickland,

Davis of Stewart, Marshall,

Thomas,

DeLoach,

Matthews of Pike, Turnbull,

Dozier of Harris, Matthews of Talbot, Walsh,

Dosier of Quitman, McAfee,

Wilkes,

Evans,

McDonald,

Willis.

Fortner,

Miller,

Tho~ not voting are Messrs.-

Anderson,

Maund,

Brown of Fayette, McRae,

Puckett, Reid of Putnam,

TUESDAY, JANUARY 30, 1877.

253

Rurcb of Elbert, Causey, Cox of Bryan, Dudley, Faircloth, Geodrum, Johnston, Kendrick, Kimsey,

::~Mobley,
North, Nortben, Owenby, Peacock, Paul, Penn, Perkins, Pilcher,

Roberson, Scruggs, Stewart of Milton, Taylor, Tumlin, Vick, Whittle, Wilson, Williams.

Yeas, 67. Nays, 74. Not voting, 32. So the section was lost. Mr. Hood moved the previous question upon the pas sage of the bill. The call was sustained. The ayes and nays were called, which call was also sus tained, and the result was as follows : Upon the final passage of the bill those voting in the affirmative are Messrs.-

Adams of Chatham, Glover of Jones, Peek,

Almon,

Guyton,

Phillips of Carroll,

Allreu,

Harden,

Phillips of Cobb,

Atwood,

Harralson,

Pickett of Rabun,

B~nson,

Hawes,

Pickett of Gilmer,

Black,

Hogan of Carroll, Polhill,

Bloodworth,

Hood,

Pope,

Born,

Hughes,

Price,

Bowen,

Hutchins,

Ragsdale,

Branclh

James,

Reece,

Brewer,

Jones of McDuffie, Robson,

Brown of Upson, Jones of Polk,

Rouse,

Burch of Thomas, J orda.n of Hancock, Russell,

Callaway,

Jordan of Pulaski, Shaw,

Candler,

Kennon,

Sikes,

Carlton,

Ktrby,

Simms,

254

JouRNAL OF THE HousE.

Case,

Knox,

Smith of Oglethorpe,

Cloud,

Lang,

Smith of Echols,

Cochran,

Leach,

Smith of Walton,

Colbert,

Mallette,

Smith of 'l'atnail,

Colley,

Marshall,

Smith of Butts,

Uorker,

Matthews of Pike, Stanford,

Cox of Troup,

Matthews of Talbot, Stewart of Taylor,

Davison,

McAfee,

Stewart of Spalding,

Davis of Houston, McDonald,

Strickland,

Dav1s of Stewart, Mcintyre,

Tumlin,

Dozier of Harris, McGc~.r,

Turner,

Dozier of Quitman, Mil!er,

Turnbull,

Evans,

Moses,

Wade,

Fortner,

Murray,

Walsh,

Frederick,

Ottis,

Wilkes,

Freeman,

Payne,

Willis,

Green,

Pearson,

Wilcox,

Gresham.

Those voting in the negative are Messrs.-

Adams of Lee, Bacon of Liberty, Bennett, Blue, Brockett, Bunts, Collins, Davis of Bibb, Dullller, Duke, Fort, Fry,
Gran~,

Gray, Glover of Twiggs, Hammond, Harrel, Hillyer, Hollis, Hogan of Monroe, Humber, Key, Kimsey, Rawlins, Reid of Morgan, Richardson,

Roper, Sheffield of Early, Sheffield of Miller, ::)tokely, Thomas, Walton of Burke, Walton of Haralson, Wall, Wise, Wooldridge, Wolihin, Willingham.

Those not voting are Messrs.-

Andenon,

Johnston,

Awtry,

Kendrick,

Brown of Fayette, Maund,

Perkins, Pilcher, Puckett,

TUESDAY, JANUARY 30, 1877.

255

Burch of Elbert, Carter, Causev, Cox of Bryan, DeLoach, Dudley, Faircloth, Fletcher, Goodrum,

McRae, Mobley, Moore, North, Northern, Owenby, Peacock, Paul, Penn,

Reid of Putnam, Robinson, Scruggs, Stewart of Milton, Taylor, Vick, Whittle, Wilson, Williams.

Yeas, 100; Nays, 38; Not voting, 36.

So the bill was pass'ed. Mr. Candler moved that the bill be immediately trans mitted to the Senate, which motion prevailed.

Mr. Paine, Chairman of the Committee on Enrollment, submitted the following report:
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 acts:
An act to repeal so much of an act to create a county court in each county of the State of Georgia, except cer tain counties therein mentioned, approved January 19, 1872, as applies to the county of Jackson.
Also, an act to repeal an act consolidating the offices of Tax Collector and Receiver, so far as the same relates to the county of Appling.
Also, an act to amend section 4,414 of the Revised Code of Georgia in reference to larceny from the house.
Also, an act to enact other and further provisions for the the better organization of the City Court of Atlanta.

Mr. Stokely moved that the House do now adjourn to 3 o'clock this evening, which motion did not prevail.
The special order being the consideration of the con-

256

JoURNAL oF THE HousE.

tested election case, from the county of Baker, it was taken up, and Mr. Cochran, from the Committee on Privi leges and Elections, submitted the following minority re port.

W. W. DEWS vs.
A. L. HAWES.

}Contested election case, from Baker county, Georgia.

The undersigned members of the Committee on Privi

leges and Elections beg leave to report in reference to the

above contested election case, that the same came before

the committee with all the evidence in said case; that by

request both sides were allowed to be heard before the

committee by counsel, and a most full and thorough sift

ing of both the law and the evidence was had.

The undersigned submit that the report made by the

chairman of said committee was not a report of the ma-

jority of the committee who sat at the hearing of the said

case-the Hon. Allen Fort having heard all the evidence

and:argument in said case, but prevented by sickness from

being present at the committee when the question was

considered by themselves and a vote taken, and the chair

man who made the report did so under a mistake that the

report he made was for the majority of said committee.

The undersigned, therefore, make this report not as a

minority report, but as the report of an equal number of

said committee; whether it be the majority or the minority

report, to depend on the vote of the chairman of the said

committee, whose vote has not yet been cast in the matter

of said contested election case.

The undersigned find that, after a serious and searching

investigation of this case, they are compelled to declare

that, both by the law and the evidence, the sitting mem

ber, A. L. Hawes, should be allowed to retain his seat in

the House of Representatives.

The first question considered by the undersigned, was

whether the statutes declaring the manner of holding elec-

TuESDAY, JANUARY 30, 1877.

257

tions in Georgia were m~rely declarations, or whether they were imperative and peremptory. Cushing, in his "Laws of Legislative Assemblies," says that the question as to whether an election is void or not in this country, (the United States) must depend on the statute whether it be merely declarative or imperative and peremptory. If the former, then the mere irregularities in an election would not effect it, provided the votes were legal ; but if the statute was imperative and peremptory, then, if not held in strict accordance with said statute, the election would be void.
Further Cushing in his" L3.ws of Legislative Assemblies," declares the well established rule, ofconstruction ofa statute; that if it contains negative words or their equivalent, it must be considered as imperative and peremptory, (see Cushing's Laws Legislative Assemblies," section 201.)
By reference to our statute contained in the code, section 1, 284, it will be seen that it is, in its very terms, imperative and peremptory. Besides it has negative words, or their equivalent, code section 1,334.
The very terms of the above section 1,334, showes the imperative and peremptory motive of section 1, 284, as to time, place and parties qualified to elections in Georgia; for it declares that no election shall be defeated for noncompliance with the requirements of the law, if it is held at the proper time and place by persons qualified to hear them."
All the decisions in the reports so far as your committee has been able to investigate, support the proposition that where the statute is imperative, and peremptory, a noncompliance with it, will render the election at those places, or precincts where it occurs, null and void, see 23 Cal. 315; 68. Penn. 338-95; Cal. 144; 2 Penn. 264.
Governed by thesf! rules of law, the undersigned pro ceeded to consider the grounds of the consolidating man-
17

258

JouRNAL OF THE HousE.

agers, in throwing out certain precincts in the election in October last.
First-The Milford precinct. 1. It appeared from all the evidence for contestant and defendant, that the polls were opened at this precinct, at quarter-past eight o'clock, by three persons claiming to be freeholders, there being a justice of the peace present, and not refusing to act. 2. That at ten o'clock a justice of the peace, was present and under all the evidence did not refuse to act. 3. That it appears from all the circumstances surrounding the organization of the board of managers, it appearing from the evidence that the Justice of the Peace thought he was a manager, was not fairly and justly organized. 4. That all of the managers acting at said precinct were not freeholders-one L. B. Whitlock holding, as shown by the evidence, only a bond for titles, and all the purchase money not paid, which does not constitute him a freeholder. See Cooley's Black. 2 Book, page 103-4; 15 Ga. 100; 40 Ga. 52; 21 Ga. 504. We therefore declare that the consolidating managers acted nnder the law, and properly, in throwing out this precinct. Second-The Couch's Mill precinct. At this precinct the evidence shows that the managers were not sworn either before or after the election. After the election, in the evening, two of the managers only signed the printed affida;vits attached to the election papers furnished by the State, without being sworn, and the affidavits signed by no means sufficient, referring to a future election and not to the one already held. The statute prescribing the oath for managers is impera-
tive. Code section 1, 28 >.
The undersigned, therefore, declare that the consolidating managers acted properly, and in accordance with law, in throwing out this precinct.

TuESDAY, JANUARY 30, 1877.

259

Third-The Hardup precinct, thrown out by the consolidating managers, it appears was objected to only on. the ground that one of the affidavits of one of the three sheets was not signed by the managers. The evidence discloses the fact that, all the oaths were taken by the managers, and that this one only failed to be signed by omission or mistake.
We therefore declare that this precinct should be re-established and counted for the sitting member.
Fourth-The Newton precinct returns were objected to by the contestant on the grottnd that B. F. Hudspeth, one of the managers, was not a Justice of the Peace, because his term of office had expired.
We declare not to be a good objection, the law declaring that all officers of this State shall hold over until their successors are elected and qualified. Code section 132.
It is a clear legal maxim that the acts of officers de facto are good.-49 Ga., 179; 20 Ga., 776; 44 Ga., 457.-2.
In the above legal view of the question, we declare the sitting member A. L. Hawes, clearly elected by a majority of two hundred and sixty-one votes. The only other view of this case is that presented by the evidence of the illegal votes cast at said election, admitting the election to have been held legally at all the precincts. The evidence discloses the fact: that of those who voted at the Milford precinct, three hundred and fifty-two were either defaulters or non-residents-35 defaulters and 307 non-residents. This fact is shown by the oral testimony of B. F. Hudspeth, Tax Receiver, and Levi Adams. Tax Collector, for the past ten years, also by the tax book of the county of Baker, their names appearing either as defaulters or not appearing at all. In referring to House Journal 1851, page 95-117, we find that this class of evidence was held sufficient to throw out that class of votes, and, in our judgment, under all the circumstances in this case, that ruling should be adhered to. We find, further, that 222 votes

260

JouRNAL OF THE HouSE.

cast at the Milford precinct, were cast before ten o'clockthis fact:appearing from the evidence; that 221 illegal votes were polled after the hour of ten o'clock, which, added to the 222 illegal votes cast before 10 o'clock, makes an illegal vote of 4!3 polled at that precinct, if it should be held thas any part of that election was legal.
At Conah's Mill precinct we find that, by the same character of evidence applied to the Milford precinct, 60 illegal votes were cast for W. W. Dews, which, added to the 443 illegal votes cast for the said W. W. Dews, contestant, at Milford, makes an illegal vote of 503. In this view of the case, it appears that A. L. Hawes, the sitting member, has bt>en elected by a legal majority of the votes polled.
The undersigned, therefore, declare and report to this House that A. L. Hawes, the sitting member, in any view of the case, has been duly elected, and we recommend that he be retained in his seat.
WM. H. BRANCH,
c. c. HUMBER,
A. E. CocHRAN. From the law and evidence adduced in the above case, I have voted for the sitting member, Hon. A. L. Hawes.
A. H. Cox.

I concur in the conclusions upon the law and evidence that have induced those who have signed the foregoing to decide that Mr. A. L. Hawes is'entitled to his seat, as the duly elected member from Baker county. I do not think that the consolidating managers had any right to reject the returns from any precinct, but as I think, under the law and evidence, Mr. Hawes is entitled to his seat, I so decide.
ALLEN FORT.
Mr. Cochran then moved to postpone the further consideration of the case until to-morrow morning, at 11 o'clock, which motion prevailed.

TUESDAY, }ANUARY 30, 1877.

261

Mr. Carlton offered the following resolution, to-wit : A resolutionThat all reports of standing committees be entered on the Journal without being read, unless the reading shall be demanded by some member of the Hou~e. Mr. Hood moved that the resolution be referred to the Committee on rules, which motion prevailed.

Leave of absence was granted the Finance Committee for this afternoon.

On motion of Mr. Jordan of Hancock the House adjourned to 3 o'clock P.M.

AFTERNOON SESSION.
3 O'CLOCK P.M.
The House re-assembled.
The roll was called, and a quorum fo~nd to be present.
The regular order being the reading of House bills the third time for final disposition, was taken up, and the following bills were read and disposed of, to-wit :
By Mr. StokelyA bill to reduce the number of grand jurors in this State. The Judiciary Committee recommended that this bill do not pass. The report of the Committee was adopted, and the bill lost. By Mr. BrewerA bill to amend certain acts regulating the pay of jurors and other officers of the county of Effingham.

262

JOURNAL OF THE HOUSE.

Passed. By Mr. HillyerA bill to alter the law in reference to the lien of judg ments and for other purposes. The Judiciary Committee reported the bill back, with the recommendation that it do not pass, which report was agreed to, and the bill was lost. Also, a bill to alter the law in reference to mortgages. The Judiciary Committee recommended that this bill do not pass, which report was agreed to, and the bill was lost. By Mr. BloodworthA bill to change the time of closing the polls at the several election precincts in this State. Lost. By Mr. Brown of Upson- A bill to fix the fees of the County Treasurer and the jurors in the county of Upson. Passed. By Mr. Kendrick-A bill to fix the compensations of jurors and bailiffs in the county of Webster. Passed. By Mr. SimsA bill to abolish the County Court in the county of Newton. Mr. Simms moved the following amendment, to wit: That said cases shall stand for trial at the first term of the court to which they are transferred, which amendment was adopted, and the bill as amended, passed By Mr. FairclothA biil to change the line between the counties of Wilcox and Pulaski. Laid on the table. By Mr. RichardsonA bill to fix the number and per diem of jurors in the county of Whitfield. Lost. Under a suspension of the rules, Mr. Jordan, of Hancock offered the following resolution, to-wit:

TUESDAY, JANUARY 30, 1877.

263

A ResolutionWHEREAs, this House by resolution called upon the Secretary of State, State Treasurer and Comptroller-General, requiring them to report to the House, ti:e fees and salaries received by them during the last fiscal year. And whereas, the Secretary of State and Treasnrer responded satisfactorily to said resolutions, and whereas, the Comptroller-General responded in the fcllowing language ''the salary of the Comptroller-General, two thousand dollars, and the fees are about the same. " Resolved, That this report of the Comptroller-General is not satisfactory. Resolved further, that said Comptroller be, and he is hereby required to repOt to this House, on or before next Monday, at twelve M, a full, specific and itemized statement of all the fees and commissions, received by him during the past fiscal year, from any source, and especially under the Insurance Laws of the State.

Mr. Jordan of Pulaski, Chairman of the Committee on Agriculture, submitted the following report.
Mr. Speaker:
The Committee on Agriculture have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to exempt from taxation the cotton, corn, and other produce of the previous year in the hands of the producer on the 1st day of April.
Also, the following bills, which they recommend do not pass:
A bill to repeal an act to provide for the annual collection and publication of statistics of the agricultural products and resources of this State.
Also, a bill to amend an act entitled an act to encourage the propagation of fish in the waters of the State of Geor-

264

JOURNAL OF THE HOUSE,

gia, and for the protection of the same. Approved Feb-

ruary 29th, 1876.

Also, the following bill, which they recommend be re-

ferred to the Committee on Finance, to-wit :

A bill to compensate the grand and petit jurors of the

C)Unties of vVashington, Lincoln, Screven, Gordon and

Hall.

G. W. JoRDAN, Chairman of Committee on Agriculture.

By Mr. PilcherA bill to create a board of commissioners of roads and revenues and public property in the counties of \Varren and Taliaferro. Passed. By. Mr. McDonaldA bill to change the school system in the counties of Ware, Echols and Clinch, in certain particulars. Mr. Jordan of Hancock moved to lay the bill on the table, which motion did not prevail. Mr. McDonald moved to amend the bill bymaking$1.50 $1. 00, wherever the same occurs in the bill, which amendment was adopted, and the bill passed. By Mr. ShawA bill to amend the act incorporating the Northwestern Railroad Company. Passed. By Mr. KimseyA bill to regulate the pay of county officers in the county of Towns. Lost. By Mr. KimseyA bill to establish an Academy of Learning in the town of Hiawassee, in the county of Towns, and to appropriate money for the same. Lost.

TUESDAY, JANUARY 30, 1877.

265

By Mr. HammondA bill to amend an act for the protection of game in the counties of J,owndes, Thomas and Putnam. Mr. Roberson offered an additional section, including the county of vVashington in said bill, which section was adopted, and the bill passed.

By Mr. Smith of TatnallA bill to abolish the county board of commissioners in the county of Tatnall. This being a commtted bill, the House, on motion of Mr. Hood, went into Committee of the vVhole for the consideration of the bill. The committee, through their chairman, Mr. Hood, reported the bill back with the recommendation that the bill do pass, which report was adopted, and the bill passed.

By Mr. HammondA bill to amend an act prr>viding for a board of commissioners for the counties of T!lomas, Camden and Echols. Passed.

Under a suspension of the rules, the following bill was taken up and read the second time, to-wit:
By Mr. HollisA bill to ptescribe the mode of selling spirituous liquors in the town of Buena Vista.

By Mr. Stewart of SpaldingA bill to require parties to enter Justice Court judgments upon the execution docket of the Superior Court. Lost.

By Mr. WallA bill to repeal an act organizing a County Court in the county of Schley. Passed.

266

JouRNAL oF THE HousE.

By Mr. McDonaldA bill to limit the power of the grand jury in levying taxes. Withdrawn. By Mr. Cox of TroupA bill to render females eligible to the office of State Librarian. Laid on the table. By Mr. Matthews of PikeA bill to consolidate the offices of Tax Receiver and Collector in the county of Pike. Referred to the Committee on Finance.

Upon the conclusion of the reading of House bills the third time, the regular order was the reading of House bills the second time, and the following bills were read:
By Mr. WardA bill to amend the act fixing the per diem of jurors m the county of Schley. By Mr. BlackA bill to amend sections 3,419 and 3,420 of the Code. Also, a bill to ratify and confirm the decrees of the Superior Courts of this State in reference to corporations. By Mr. Pickett of RabunA bill to repeal an act prcviding for the payment of county school commissioners and teachers for services in 1871. On motion of Mr. Jordan the House adjourned to 10 o'clock to-morrow morning.

WEDNESDAY, }ANUARY 31, 1877.

267

ATLANTA, GEORGIA, WEDNESDAY, January 31, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll call was dispensed with.
Mr. Willis, chairman of the Committee on Journals, reported the Journal ofyesterday read, correct and approved.
The Journal was then read.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker: The Senate has passed the following bills, to-wit: A bill to amend an act to organize a Criminal Court for
the counties of this State, so far as the same relates to the counties of Henry and DeKalb.
Also, a bill to prohibit the sale of spirituous liquors within five miles of Statenville, in the county of Echols.
Also, a bill to relieve the securities on the bond of Henry Martin, former Tax Collector for the county of Twiggs.
Also, a bill to compel the municipal authorities of the city of Savannah to discontinue the lazeretto established at Thunderbolt.
Also, a bill to prohibit the sale of spirituous liquors within the limits of Wilcox county.
The Senate has passed the following bills of the House of Representatives, to-wit:
A bill to fix the fees of sheriff or jailer of Stewart county for dieting prisoners confined in county jail.
Also, a bill to incorporate Trion Manufacturing Company.

268

JouRNAL OF THE HousE.

Also, a bill to amend the charter of the city of Madison.
Also, a bill to amend the charter of the town of Bainbridge.
Also, a bill to amend an act to create a board of commissioners of roads and revenue, so as to apply the provisions of said act to the county of Upson.
Also, a bill to prohibit the sale of intoxicating liquors within one mile of Wofford Academy, in the county of Bartow.

The Senate has concurred in a resolution of the House of 1\..epresentatives to make the committees of the Senate and House of iepresentatives on education a joint committee.

The Senate has passed the following bill of the House of Representatives, by a substitute, to-wit:
A bill to amend section 4,370 of the Code of Georgia.
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 fees of jurors and bailiffs for the county of Ware.

Mr. Richardson moved to reconsider a bill lost on yesterday, fixing the number and per diem of grand jurors in the county of Whitfield, v. hich motion did not prevail.

Mr. Stewart of Spalding moved to reconsider the bill organizing a board of commissioners in the counties of \Varren and Taliaferro, which motion prevailed.

Mr. Jordan of Hancock moved to reconsider the bill to alter the school system in the counties of Ware, Echols and Clinch, which motion did not prevail.

'WEDNESDAY, JANUARY 31, 1877.

269

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has passed the following bill of the House of Representatives, to-wit:
A bill to incorporate the Oostanaula and Coosawattie Steamboat Company.

The Senate has passed the following bills, to-wit:
A bill to authorise Malcom White to peddle without litense in the counties of Ware, Pierce, Appling and Coffee.
Also, a bill to to amend paragraph 7 of section 2, 533 of the Code of Georgia.
Also, a bill to extend the jurisdiction of Justices of the Peace and Notaries Public, in criminal cases, in the counties of Chattooga, Dade, Walker and Catoosa.
Also, a bill to change the time of commencement of the fall term of the Superior Court, and for other purposes.

Mr. Hood, chairman of the Committee on Corporations, submitted the following report :
Mr. Speaker:
The Committee on Corporations have had under consideration the following bills, which they recommend do pass:
A bill to incorporate the town /of Midville, in the county of Burke, and for other purposes.
Also, a bill to amend an act entitled an act to incorporate the town of Summerville, in the county of Richmond, to provide for the election of commissioners for the same, and for other purposes.
Also, a bill to incorporate the Lawrenceville Branch Railroad Company, and for other purposes.

270

JouRNAL OF THE HousE.

Also, a bill to incorporate the Georgia Cornwall Copper Mining Company;
Also, a bill to repeal an act to prevent the sale of spirituous liquors in and near the town of Kingston, in Bartow county.
Also, a bill to repeal all laws and amendments to laws heretofore passed incorporating the city of Gainesville, to incorporate said city, prescribe its limit'>, and for other purposes.
Also, a bill to incorporate the Dade Iron Company of Georgia.
Also, a bill to incorporate the town of The Rock, in the county of Upson, and for other purposes.
Also, a bill to incorporate the Georgia Chemical Works, and for other purposes.
Also, a bill to incorporate the Atlanta Testing and Mining Company.
Also, a bill to amend the charter of the Scofield Rolling Mill Company.
Also, a bill to alter and amend the charter of the city of Athens.
Also, a bill to amend an act entitled an act to incorporate the town of Boston, in the county of Thomas, and for other purposes.

Also, the following bills, which they recommend do not pass:
A bill to amend an act incorporating the Barnesville Male and Female High School, so as to appoint trustees for the same, and for other purposes.
Also, a bill to prevent joint stock companies, corporations and other associations from declaring dividends when they have not realized an income on their investments.

Also, the following bill, which we recommend do pass by substitute, to-wit;

WEDNESDAY, JANUARY 31, 1877.

271

A bill to amend the charter of the city of Cartersville, Bartow county.

Also, the following bill, which we recommend be referred to the Committee on Finance, to-wit:
A bill to incorpora~e the Augusta and Knoxville Railroad Company.

Also, the following bill, which we recommend be referred to the Committee on Banks, to-wit:
A bill to amend an act incorporating the Augusta Savings Institution.

Also the following bill, which we recommend be referred to the Committee on Education, to-wit:
A bill to compel the County School Commissioner of the county of Dodge to pay teachers of public scho::>ls their pro rata share of the public school fund of the county of Dodge.

Also, the following bill, whieh they recommend be referred to the Committee on Judiciary:
A bill to chanse the time of holding the Superior Court of the county of Dodge, in the Oconee Circuit.
HooD, Chairman.

Mr. Stewart of Spalding, chairman of the Committee on the Judiciary, submitted the following report:
Mr. Speaker:
The Committee on the Judiciary have considered the following bills, and reco:11mend that they do pass, to-wit:
A bill to be entitled an act to amend section 4,423 of the Revised Code of 1873, making it a felony for clerks, agents, etc., to eonvert goods entrusted to them to their own use.
Also, a bill to be entitled an act to amend section 2,009

272

} OURNAL OF THE HoUSE,

of the Revised Code of Georgia, 1873, relating to the approval and recording of application for homestead.
Also, a bill to be entitled an act to abolish the County Court of the county of Troup.

Your committee have also had under consideration the following bills, to which they offer an amendment, and ask that the same as am~nded do pass, to-wit:
A bill to be entitled an act to provide for claims in distress warrant cases, making paup~r affidavits, and for other purposes.
Also, a bill to be entitled an act to repeal sections 1, 2 and 3 of an act to fix the compensation of the Clerk of the Supreme Court of thb State, and for other purposes.
Also, a bill to be entitled an act to abolish the County Court of Webster county, and for other purposes.

Your committee have also had under consideration the following bills, and recommend that they do not pass :
A bill to be entitl~d an act the better to enable persons elected to fill the county offices in the several counties in this State to give the security required by law, and for other purposes.
Also, a bill to be entitled an act for the relief of Mary A. Collins, of the county of Chattahoochee.
Also, a bill to be entitled an act to allow land owners to forbid hunting on their premises, and to fix a penalty there for.
Also, a bill to be entitled an act to amend section 1, 991 of the Code, with reference to the enforcement of liens on personalty.

Your committee have also had under consideration the following bill:
A bill to be entitled an act to amend an act entitled an act to prescribe a mode of granting license to sell intoxi-

WEDNESDAY, JANUARY 31, 1877.

273

eating liquors in the counties of Burke, Jefferson and Washington, assented to February 20, 1873, and an act to amend said act, approved March 5th. 1875, an act to amend said before-mentioned act extending the provisions to the county of Marion, approved February HI, 1876, which they recommend do pass, by substitute.
Your committee have also had under considerationA bill to be entitled an act to consolidate the offices of Tax Receiver and Collector of Paulding county, and to fix his compensation, and for other purposes, which bill they recommend be referred to the Committee on Finance.
J. D. STEWART, Chairman.
Mr; Stewart of Spalding, chairman of the Committee on the Judiciary, submitted the following report:
M,-. Speaker: The Committee on the Judiciary have considered the
following bills, and recommend that they do pass, to-wit : A bill to be entitled an act to change and amend an act
entitled an act to limit and define the jurisdiction of the County Court of Elbert county in' matters of debt, approved March 1st, 1875, to extend and further define the jurisdiction of said court, and for other purposes therein mentioned.
Also, a bill to be entitled an act to prohibit the sale ot spirituous liquors, to be used as a beverage, within three miles of Sugar Valley Baptist Church.
Also, a bill to be entitled an act to prohibit the sale of intoxicating liquors within two miles of Midway Church, in Gwinnett county.
Also, a bill to be entitled an act to amend, an act regulating the sale of liquors at Ward's Station, in the county of Randolph.
Also, a bill to be entitled an act to provide for the payment of insolvent costs, due the Clerk of the Superior Court, and Sheriff of the county of Clinch.
18

274

JouRNAL OF THE HousE.

Also, a bill to be entitled an act to create a Board of Commissioners of Roads and Revenue for the county of Calhoun.
Also, a bill to be eptitled an act to amend the act approved February 21st, 1873, for the protection of deer, partridges and wild Turkeys, in the counties of Chatham and Bryan, and to make the killing or trapping of the same in said counties a penal offence during certain seasons of the year, and for other purposes.
Also, a bill to be entitled an act to repeal an act prescribing the mode of granting license to sell intoxicating liquors in the counties of Burke, Jefferson and \Vashington, so far as the county of Butts is concerned, approved March 5th, 1875, and to repeal an act entitled, an act to submit to the legal voters in each Militia District in Butts County, and each Municipal Corporation, the question of prohibiting the sale of ;pirituous liquors in said Malitia Districts, and said corporate limits in quantities less than one gallon, approved 2nd March, 1875.
Also, a bill to be eotitled an act to amend an act, approved October 25th, 1870, conferring civil and criminal jurisdiction upon the Mayor of the town of Blackshear. in the county of Pierce, in this State, approved August 27th, 1872, so as to limit the civil jurisdictio.1 conferred by said act, and to restrict the exercise of said jurisdiction to the Malitia District in which said town of Blackshear is situated, and for other purposes.
Also, a bill to be entitled an act to fix and regulate the cost of spirituous liquor licenses in the county of Appling, and for other purposes.
Also, a bill to be entitled an act to amend an act to prevent the sale of spirituous liquors to minors, and for other purposes, ;tpproved February 2-!th, 187.5.
Also, a bill to be entitled an act to rep~al so much of local option law for certain counties, approved February

WEDNESDAY, JANUARY 31, 1877.

275

26th, 1875, as relates to the city of Dalton, in the county of Whitfield.
Also, a bill to be entitled an act to repeal an act entitled an act to regulate the sale of intoxicating liquors in the county of Miller.
Also, a bill to be entitled an act to change the time of holding the Superior Courts in the county of Burke, and for other purposes.
Also, a bill to be entitled an act to repeal an act entitled an act to amend an act entitled an act establishing County Courts in the counties of Dougherty, Early and Lee, approved February 20, 1873.
Also, a bill to be entitled an act to extend the jurisdiction of the County Court of Clarke county, and to make the same a Court of Record, and for other purposes.
Also, a bill to be entitled an act to amend an act to create a County Court in each county in the State of Georgia, except certain counties therein named, approved January 19, 1872, so far as the same relates to the county of G.reen, approved February 27, 1875.
Also, a bill to be entitled an act to prohibit the sale of intoxicating liquors within one mile of Red Oak and Provi dence Church, in the county of Spalding.
Also, a bill to be entitled an act to repeal an act entitled an act to provide for a board of commissioners of roads and revenues for the county of Banks, to define their du ties, and for other purposes therein named, approved January 28, 1873.
Also, a bill to be entitled an act to provide for the service of w;its, pocesses, etc., in certain cases, in the County Courts of this State.
Also, a bill to he entitled an act to repeal an act to amend section 4,401 of the Code of Georgia, defining the punishment of hog stealing, approved February 27, 1875.
Your committeee have also had under consideration the following bills, which they recommend do not pass:

276

JouRNAL OF THE HousE.

A bill to be entitled an act to amend an act entitled an act to amend the homestead laws of this State, approved Fel:truary 26, 1876.
Also, a bill to be entitled an act to amend an act entitled
an act to amend section 4,814 of the new Code of Georgia, approved February 28, 1874, so far as the same relates to the county of Richmond.
Also, a bill to be entitled an act to alter and amend section 4, 763 of the Code of Georgia, (1873), by adding a proviso thereto.
Also, a btll to be entitled an act to require certain officers therein mentioned to postpone public sale on certain conditions mentioned, and for other purposes.
Also, a bill to be entitled an act to allow John W. Champion, a cripple, of Crawford county, to peddle in the counties of Houston, Crawford and Monroe without paying license therefor.
Also, a bill to be entitled an act to declare it cheating and S\vindling for any employer to wrongfully and fraudulently discharge any laborer before the expiration of the term of service for which they were employed without just cause, and to declare it cheating and swindling for any person to wrongfully and fraudulently obtain credit, or other thing of value, by promises to labor for another, and after obtaining the same shall, without just cause, refuse to perform the service agreed to be performed, or abandons the same before the completion or expiration of the time of service for which he contracted, and to punish the same.
Also, a bill to be entitled an act to prohibit the office of receiver of tax returns and that of sheriff to be held two suceessive terms by the same person in the county of Camden.
Also, a bill to be entitled an act to allow jurors to furnish substitutes.
Also, a bill to be entitled an act to amend an act entitled an act to organize a County Court for the counties of Cal-

WEDNESDAY, jANUARY 31, 1877.

277

houn, Baker, Quitman and Miller, so far as the same ap-

plies to the county of Baker, and for other purposes.

Also, a bill to be entitled an act to define the dPties of

Justices of the Peace in and for the county of Baker.

Also, a bill to be entitled an act to repeal section 3,583

of the Revised Code of Georgia, and to insert a new sec-

tion in lieu thereof, and for other purposes.

Also, a bill to be entitled an act to amend section 4, 386

of the Code of 1873, and to extend the area in which

burglary may be committed.

Also, a bill to be entitled an act to secure costs to Jus-

tices of the Peace etc., in criminal cases.

Also, a bill to be entitled an act to amend section 4, 057,

of the code of 1873, in relation to certiorari's in this State.

Also, a bill to be entitled an act to regulate the pay of

the county officers of the county of Towns.

Also, a bill to be entitled an act to prescribe the penalty

to be imposed upon persons convicted of the offense of

assault and battery.



Also, a bill to be entitled an act to .reduce and fix the

numberof grand jurors in the several courts of this State,

and to regulate the manner of organizing gram! jurors, and

for other purposes. .

'

Also, a bill to be entitled an act to repeal, an act to

prevent the obstructing of Buckuchee, Kinchafoonee,

Muckalee and Shoal creeks, in the counties of Marion,

Schley and Macon, and to remove all traps now erected

on either, or all of said creeks.

Also, a bill to be entitled an act to alter and change, an

act creating a board of commissioners of road~ and reve-

nues for the county of Johnson, defining their powers and

duties, approved February 29th, 1876.

Also, a bill to be entitled an act to amend section 3,665,

of the Code of Georgia, so as more clearly to define the

duty of Sheriffs and other executing officers, in regard ~o

receiving affidavits of illegality.

278

JouRNAL OF THE HousE.

Also, a bill to be entitled an act to repeal an act to require the payment of moneys arrising from fines and forfeitures in the County Treasury of Clark County, and regulate the disbursement of the same, approved February 29th, 1876.
Also, a bill to be entitled an act to amend section 4, 692 of the Code, relating to the trial of joint defendants.
Also, a bill to be entitled an act to reduce the number of grand jurors, and to provide for the drawing of the same.

Your Committee have had under consideration the following bills, for which they offer a substitute, and ask that the same be adopted in lieu of the original bills, towit:
A bill to be entitled an act to amend sections 3, 419 and 3,420 of the Code of Georgia, on the subject to bail trover.
Also, a bill to be entitled an act to amend section 296 of the ~ode of Georgia, so far as relates to the fees of Judge of the County Court of Thomas county.
Also, a bill to be entitled an act to amend sedion 298 of the Code, upon the subject of drawing jurors, to which your committee offer an amendment, and recommend that the same, as amended, do pass.

Your committee have also had under consideration the following bills, which they recommend be referred to the committee on Finance :
A bill to be entitled an act to consolidate certain offices in Lawrence county, and to provide for compensation for the same.
Also, a bill to be entitled an act to reduce the bonds of Tax Collector and Treasurer of the county of Chattahoochee.
The following bill your committee recommend be referred to the Committee on Education, to-wit:

WEDNESDAY, JANUARY 31, 1877.

279

A bill to pay balance due county school commissioJters of the county of Whitfield.
The following bill your committee recommend be referred to the Committee on Agriculture, to-wit:
A bill to be entitled an act to repeal an act to establish a Department of Agriculture of this State.
Your committee recommend that a resolution relating to to Harris' Digest of Supreme Court Reports be referred to the Committee on Finance.
J.D. STEWART, Chairman.

Mr. Price, from the Committee on Education, made the following report :
Mr. Speaker: The Committee on Education have had under consider-
ationA bill to be entitled an act for the relief of the board of
public education of the city of Americus, which the committee recommend do pass.
W. P. PRICE, Chairman.

Under a supension of the rules, Mr. Robson of Washington introduced the following resolution, which went over under the rule, to-~it:
WHEREAS, The citizens of Washington, Jefferson and Burke counties, of the State of Georgia, have an unadjusted claim, or claims, against the State of Georgia for supplies furnished by said citizens to the soldiers called out by authority of the Governor to suppress a threatened insurrection in said counties, and for other expenses incurred by said citizens in quelling said insurrection in the year 1875; therefore, be it
Resolved, That all the papers, vouchers, pay rolls, etc., appertaining thereto, be referred to the Finance Committee of the House of Representatives, with instructions to report by bill, or otherwise, upon the same.

280

JouRNAL oF THE HousE.

Under a suspension of the rules, Mr. Jones of McDuffie had read a petition asking the passage of a law prohibiting the sale of liquors in the county of McDuffie, which was referred to the Committee on the Judiciary.

The special order being the consideration of the contested election case from the county of Baker, it was taken up, and the evidence of the contestant and the sitting member read.
After reading part of the evidence, Mr. Wilkes moved to refer the evidence to a special committee of fifteen,
Mr. Turnbull moved to lay the motion on the table, which motion did not prevail.
Mr. \Vilkes withdrew his motion, and the reading of the evidence was concluded.
After some discussion, the House adjourned to 3 o'clock
P.M.

AFTERNOON SESSION.

The House reassembled.

3 o'CLOCK P.M.

The roll call was dispensed with.

The contested election case from the county of Baker was taken up.
After some discussion, Mr. Hood called the previous question on the resolution reported by the committee.
The call for the previous question was withdrawn. After some further discussion, Mr. Robson called the previous question. The call was sustained, and the main question ordered. The committee were allowed twenty minutes to close

'WEDNESDAY, JANUARY 31, 1877.

281

the debate, and the main question was put, which was upon the adoption of the following resolutinn reported by the Committee on Privileges :md Elections, to-wit:
A resolutionThat at an election held in the county of Baker on the fourth day of October last, for members of the General Assembly of this State, A. L. Hawes did not receive the highest nmmber of legal votes legally polled for Representative of said county of Baker in the present General Assembly; that A. L. Hawes is not entitled to retain his seat as Representative of said county; that \V. \V. Dews having received the highest number of legal votes legally polled for Representative of said county, is entitled to the seat as Representative of said county of Baker. Mr. Fort called for the yeas and nays. The call was sustained, and the result was as follows:

Those voting in the affirmative are, Messrs.-

Almon, Allred, Atwood, Bacon of Liberty, Bennett, Black, Bloodworth, Blue, Born, Bowen, Brewer, Brockett, Brown of Fayette, Bunts, Burch of Thomas, Callaway, Candler, Carlton, Carter,

Glover of Twiggs, Guyton, Harden, Harrell, Harralson, Hillyer, Hogan of Monroe, !logan of Carroll, Hood, Hughes, Hutchins, Jones lf McDuffie, Kendrick, Key, Kirby, Kr10x, Lang, Mallette, Marshall,

Price, Rawlins, Reece, Richardson, Roberson, Robson, Roper, Rouse, Russell, Scruggs, Shaw, Sheffield of Early, Sheffield of Miller, Sikes, Simms, Smith of Echols, Smith of Walton, Smith of Tatnall, Smith of Butts,

282

JouRNAL oF THE HousE.

Case,

Matthews of Pike, Stanford,

Causey,

Matthews of Talbot, Stewart of Taylor,

Cloud,

McAfee,

Stewart of Milton,

Collins,

McDonald,

Stewart of Spalding,

Corker,

Mclnty're,

Stokely,

Davison,

McGar,

Strickland,

DeLoach,

Miller,

Taylor,

Dosier of Quitman, Mobley,

Thomas,

Dudley,

Murray,

Tumlin,

Duggar,

Owenby,

Turner,

Evans,

Peacock,

Walton of Burke,

Faircloth,

Payne,

Walton of Haralson

Fletcher,

Paul,

Walsh,

Fortner,

Pearson,

\Vall,

Frederick,

Peek,

Wise,

Freeman,

Penn,

Willis.

Fry,

Phillips of Carroll, \Volihin,

Gray,

Pickett of Rabun, Willingham.

Green,

Pickett of Gilmer, Wilcox.

Those voting in the negative are Messrs.-

Adams of Chatham, Hammond,

Ragsdale,

Benson,

Humber,

Reid of Morgan,

Branch,

Jones of Polk,

Smith of Oglethorpe,

Cochran,

Jordan of Hancock, Turnbull,

Colbert,

Moore,

Wade,

Davis of Bibb,

Moses,

Wilkes,

Davis of Houston, Otti~,

Wilson,

Fort,

Pilcher,

W onldridge,

Gresham,

Polhill,

Williams,

Glover of Jones, Pope,

Those not voting are Messrs.-

Adams of Lee, Anderson, Awtry, Brown of Upson,

Duke. Grant, Gooclru;n, Hollis,

Maund, McRae, Nonh, Northen,

WEDNESDAY, JANUARY 31, 1877.

283

Burch of Elbert, Colley, Cox of Troup, Cox of Bryan, Davis of Stewart, Dozier of Harris,

James, Johnston, Jordan of Pu!aski, Kennon, Kimsey, Leach,

Perkins, Phillips of Cobb, Puckett, Reid of Putnam, Vick, Whittle,

Yeas, 114. Nays,29. Not voting, 30.

So the resolution was adopted.

Mr. Jordan moved that the House adjourn to 10 o'clock to-morrow, which motion did not prevail.

On motion of Mr. Hood, Mr. W. W. Dewes was sworn in by the Speaker as a member of the House from the county of Baker.

Mr. Payne, Chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:
The Committee on Enrollment report as duly enrolled and ready for the signature of the Speaker of the House of Representatives and President of the Senate, the following acts, to-wit :
An act to repeal so much of an act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19,1872, 3:5 applies to the county of Jackson.
Also, an act to repeal an act consolidating the offices of Tax Collector and Receiver, as far as the same relates to the county of Appling.
Also, an act to amend section 4,414 of the Revised Code. of Georgia in reference to larceny from the house.

284

JOURNAL OF THE HOUSE.

Also, an act to enact other and further provisions for the better organization of the City Court of Atlanta.

Mr. Carlton, chairman of the Finance Committee, submitted the following report:
Mr. Spet!ker:
The Committee on Fina'lce 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 reduce the compensation of the County Treasurer of the county of Greene.
Also, a bill to enable the Treasurer of Oconee county to pay out the money arising from fines and forfeitures in the County Court of said county.
Also, a bill to alter and amend the 898 section of the Revised Code of Georgia.
Also, a bill to repeal an act fixing fees of sheriffs of Cass county, now Bartow, approved December 9, 1859.

"fhey have also had under their consideration the following bills, which they report back to the House of Representatives, with the recommendation that the same do not pass, to-wit:
A bill to regulate the manner of paying the clerk and sheriff of Crawford county extra compensation, and for other purposes.
Also, a bill to authorize Addison C. Carson, of Pickens county, to peddle without license.
Also, a bill to allow John Sheffield, a citizen of Camden, to peddle goods without license in the counties of Camden and Charlton.
Also, a bill for the relief of H. Y. Gibson, late Tax Collector of Monroe county, and his securities.
Also, a bill to exempt from taxation all maimed, crippled, disabled or wounded soldiers of the late Confederate war,

WEDNESDAY, }ANUARY 31, 1877.

285

or the widows or orphans of such deceased soldiers ; also, the widows or orphans of any soldiers killed in battle, or that died in the service of the Confederate States, from this State, the amount of five hundred dollars.
Also, to exempt from taxation home-made and homemanufactured household and kitchen furniture to the amount of two hundred dollars.
Also, a bill to fix the per diem pay of jurors of the county
of. vVashington, in this State.

They have, afso, had under their consideration the following bill, which they recommend do pass as amended ; also, that two hundred copies of the same be printed for the use of the House, to-wit:
A bill to levy a tax for the support of the government for the year 1877, and to provide for the collection of taxes due the State, and for other purposes therein mentioned.

They have also had under their consideration the following bill, which they report back to the House with the recommendation that the same be referred to the Committee on Corporations, to-wit :
A bill to prohibit the sale of spirituous or malt liquors within two miles of Union Church, in the county of Monroe.
They have also had under their consideration the following resolution, which they recommend do not pass, towit:
A resolutionAuthorizing the Governor to purchase, at a sum not more than five dollars per volume, two hundred copies of Harris' Digest of the Supreme Court Reports, from volume 41 to 50, ir.clusive.
H. H. CARLTON, Chairman.

The following sub-committee from the House Commit-

286

JouRNAL oF THE HousE.

tee on Finance have been appointed under section 186 of the Code, to act with similar committee from the Senate Committee on Finance, to examine accounts and vouchers of the Comptroller and Treasurer, as provided in said section, viz.:
Messrs. Candler, Moses, Kennon, Pope, Hutchins. CARLTON, Chairman.

Mr. Carlton moved that two hundred copies of the tax bill be printed for the use of the House., which motion prevailed.

Under a suspension of the rules, Mr. Adams of Chatham offered the following resolution, to-wit:
A resolutionWHEREAS, A charter was granted by the Legislature of the State of Georgia to the Masonic and Fire Insurance Company of the city of Savannah on the 16th day of December, 1815, and the same was amended and banking powers conferred upon the said company under the name of the Masonic and Fire Insurance Bank of the State of Georgia, on the 20th day of December, 1825, and the same wes extended on the 9th day of December, 1843, until the 15th day of Decembt>r, in the year 1865, and was amended on the 22d day of December, of the year 1847, and was again amended and extended on the 13th day of February, in the year 1854, under the name of the Marine Bank of Georgia, until the end of the year 1878 ; and Whereas, the said Marine Bank of Georgia did, on the 29th day of January, 18ii, by the authority of the stockholders of said incorporation, surrender the said charter, and all the franchises of said corporation :
Be zt resolved by the General Assembly of the State of
Georgia, That his Excellency the Governor of the State of Georgia be, and he is hereby, authorized to accept the surrender of the charter of the said The Marine Bank of

THURSDAY, FEBRUARY 1, 1877.

287

Georgia, and all the franchises granted by the State of Georgia to the said the Marine Bank of Georgia.
Referred to the Committee on the Judiciary.

The following resolution was agreed to, to-wit: Resolved, That Mr. A. L. Hawes be paid his per diem and mileage, while sitting as a member of this House.

On motion, the House adjourned to 10 o'clock to-morrow morning

ATLANTA, GEORGIA,
Thursday, February 1, 1877. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. Mr. Richardson.
The roll was called, and a quorum found to be present.
Mr. \Villis, from the Committee on Journals, reported the Journal of yesterday read, correct and approved.
The Journal was then read.
Mr. Sheffield of Miller was added to the Committee on the Penitentiary, at the request of that committee.
The resolution introduced by Mr. Robson was, under a suspension of the rules, taken up and referred to the Finance Committee.
The regular order being the reading of House bills the third time, the following bills were read the third time, and disposed of as follows :
By Mr. Candler-

2R8

JouRNAL OF THE HousE.

A bill to exempt from taxation all produce of the previous year in the hands on the producer on the first day of April.
F a sse d. By Mr. \V:allA bill to fix the per diem of jurors in the counties of Schley, Whitfield, Jackson and Clayton. Passed.

Mr. Thomas, chairman of the Committee on New Counties and County Lines, submitted the following report:

Mr. Speaker:

The Committee on New Counties and County Lines has 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 Madison and Clarke.

Also, a bill to be entitled an act to change the line be-

tween the counties of Stewart and Randolph, so as to in-

clude the residence of Joseph Jones in Randolph county.

Also, a bill to be entitled an act to change the line be-

tween the connties of Henry and Clayton, so as to include

in the county of Clayton lots of land Nos. 164 and 165, in

Bear creek district of Henry county.

Respectfully submitted.

\V. W. THOMAS,

Chairman.

By Mr. BlackA bill to amend sections 3,419 and 3,420. Passed by substitute. Also, a bill to confirm the orders and decrees of the Superior Courts with reference to corporations. Passed. By Mr. Pickett of RabunA bill to repeal an act providing for the pay of school

THURSDAY, FEBRUARY 1, 1877.

289

teachers for the year 1871, so far as the same relates to the county of Rabun.
Passed.
By Mr. HollisA bill to repeal the act prescribing the method of granting liquor licenses for certain counties, so far as the same relates to the county of Marion. Passed by substitute, and ordered transmitted to the Senate.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has passed the following bills, to-wit : A bill to authorise the Dade Coal Company to retire its outstanding twelve per cent. bonds, and for other purposes. Also, a bill to prevent obstructions being placed in Rocky creek or Cobb's creek, in Tatnall county. Also, a bill to amend an act to incorporate the Barnard and Anderson Street Railroad.

The following bill was reconsidered, to-wit:
By Mr. PilcherA bill to create a board of commissioners of roads, revenues and public buildings, for the counties of Warren and Taliaferro.
For this bill the Judiciary Committee reported a substitute, which report was adopted, and the bill as amended by the substitute passed.

On motion, certain bills which had been laid on the table were taken up, read the third time, and disposed of as follows, to-wit :
By Mr. Faircloth19

290

JouRNAL oF THE HousE.

A bill to change the lines between the counties of Wi I cox and Pulaski.
Passed.

The following bills, with Senate amendments, were taken up, read and disposed of, as follows:
By Mr. HoodA bill to amend section 4,370 of the Code. Recommitted to the Judiciary Committee. By Mr. McDonaldA bill to regulate the fees of jurors and bailiffs for the county of Ware. Amendments concurred in.

The House then proceeded to read House bills the second time, and the following bills were so read:
By Mr. Jordan of PulaskiA bill to amend the revenue laws of this State. By Mr. Mathews of PikeA bill to amend certain acts allowing certain jurisdiction to the Justice of the Peace of the district including the town of Barnesville. By Mr. AllredA bill to allow Addison C. Carson to peddle without license. The Judiciary Committee recommended that this bill do not pass, which report was agreed to, and the bill was lost. By Mr. GrayA bill to regulate the pay of jurors and bailiffs in the county of Paulding. By Mr. SimmsA bill to amend section 3,554 of the Code. The Judiciary Committee recommended that the bill do not pass. The report was agreed to and the bill lost. By Mr. Reid of Morgan-

THURSDAY, FEBRUARY 1, 1877.

291

A bill to repeal an act changing the line between the counties of Greene and Morgan.
The Committee on New Counties and County Lines recommended the bill do not pass. Report agreed to and the bill lost.
By Mr. MurrayA bill to regulate the pay of jurors m the county of Oconee. By Mr. BloodworthA bill to repeal an act compelling the Tax Receivers to receive debts due the county for taxes. By Mr: TaylorA bill to change the line between the counties of Coweta and Meriwether. By Mr. RoperA bill to provide for changing the present number of the board of commissioners of the county of Meriwether. By Me. HollisA bill to abolish the County Court of the county of Marion. By Mr. PriceA bill to prohibit the sale of liquor in the 821st district of ~umpkin county. By Mr. WilkesA bill to regulate and restrict the rate of interest in this State. Recommitted to the Committee on Finance.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:
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 acts, towit :
An act to fix the fees of the Sheriff or Jailor of Stewart

292

JouRNAL OF THE HousE.

County, for dieting prisoners confined in the common jail in said county.
Also, an act to prohibit the sale of intoxicating liquors within one mile of vVofford Academy, in Bartow County, and to punish the same.
Also, an act to make applicable to the County of Upson "An act approved March 17th, 1869," creating a Board of Commissi0ners of Roads and Revenues for the County of Harris, and for other purposes.
Also, an act to empower the Mayor and Aldermen of the city of Madison, to provide for the registration of voters in the Corporate Elections in said city, and to enforce the same.
Also, an act to consolidate and amend the several acts incorporating the town of Bainbridge, in the County of Decatur, and to grant certain privileges to the same.
Also, an act to incorporate the Trion Manufacturing Company, and to grant certain powers and privileges to the same.
Also, an act to incorporate the Oostanaula and Coosawattee Steamboat Company.
By Mr. BurnettA bill to repeal an act prohibiting the sale of liquors at certain points in Jackson county. Under a report of committee the bill was lost. Also, a bill to repeal an act prohibiting the sale of liquors near Harmony Grove Academy. Lo;;t.
By Mr. WiseA bill to fix the pay of jurors in the county of Henry. Lost. By Mr. AlmonA bill to amend an act providing for a board of commissioners for the county of Heard. By Mr. Northen-

THURSDAY, FEBRUARY 1, 1877.

293

A bill to prevent any associations or incorporations from declaring dividends, when the same are not net earnings.
Lost. By Mr. Jordan of HancockA bill to amend section 2, 009 of the Code. By Mr. FryA bill to amend section 4,:~88 of the Code. Withdrawn. Also, a bill to preserve the purity of the ballot box. The adverse report of the Judiciary Committee was agreed to, and the bill was lost. By Mr. FryA bill to facilitate the collection of debts in the State of Georgia. Lost.
By Mr. RobsonA bill for the relief of Gideon L. Mathews, of the county of Washington. By Mr. CauseyA bill to regulate the pay of jurors and bailiffs in the county of Crawford. By Mr. Thomas of CowetaA bill to lay out and organize a new county from the counties of Coweta, Flint and Meriwether, and for other purposes. Recommitted to Committee on New Counties and County Lines. By Mr. AdamsA bill to allow the mayor and aldermen to compel the removal of small pox patients, and to make vaccination compulsory. By Mr. OwenbyA bill to regulate the manner of returning lands for taxation in this State. Lost. By Mr. Hogan of Carroll-

294

JouRNAL oF THE HousE.

A bill to change the line between the counties of Carroll and Douglass.
Also, a bill to abolish the County Court of the county of Carroll.
By Mr. Bacon of BibbA bill to incorporate the Middle Georgia Mineral Association of the city of Macon. By Mr. RobersonA bill to prevent the sale of spirituous liquors near Consolation Baptist Church. By Mr. PhilipsA bill to better enable persons elected to county offices to give security. Recommitted to Judiciary Committee. By Mr. BowenA bill to repeal an act to grant additional jurisdiction to certain Justices of the Peace. By Mr. StricklandA bill to reduce the sheriff's bond in Clinch county. By Mr. WilliamsA bill to prohibit the sale of liquors at or near Berzelia. By Mr. WilliamsA bill to reduce the bond of the sheriff of the county of Columbia. By Mr. WooldridgeA bill to regulate the pay of jurors m Chattahoochee county. By Mr. LangA bill to consolidate certain County Offices in the County of Charlton. By Mr. KirbyA bill to regulate the pay of jurors in the County of Berrien. By Mr. TumlinA bill to amend the charter of Cartersville. By Mr. Perkins-

THURSDAY, FEBRUARY 1, 1877.

295

A bill to provide for the County Treasurer of Burke County.
By Mr. TumlinA bill to repeal an act fixing the fees of the Sheriff of Bartow County.
By Mr. GreenA bill to incorporate the Milledgeville Manufacturing Company.
By Mr. Davis of BibbA bill to confer additional power on the Tax Collector of the county of Bibb, and make him exofficio sheriff in certain cases.
By Mr. Dozier of QuitmanA bill to amend section 898 of the Code.
AHC By Mr. MurrayA bill to enable the County Treasurer of Oconee to pay out certain moneys. By Mr. GreshamA bill to reduce the compensation of the County Treasurer of the county of Greene. By Mr. MalletteA bill to allow John Sheffield to peddle without license. Adversely reported by the committee, and lost. By Mr. StokelyA bill to c.ompel railroads to pay promptly for stock killed by them. Adverse report by the Committee on the Judiciary. Recommitted. By Mr. MalletteA bill to amend the act providing for a board of commissioners for the county of Camden. By Mr. StokelyA bill to repeal an act regulating the sale of liquors in the town of Adairsville, in the county of Bartow.

296

JOURNAL OF THE HOUSE.

Mr. Price, chairman of the Committee on Education, submmitted the following report :
Mt. Speake/':
The Committee on Education have had under their consideration the following bills, which they report back to the House with the recommendation that the same do pass, to-wit:
A bill to establish a normal department in the North Georgia Agricultural College, at Dahlonega, and to more efficiently to provide for the military department of the same, and for other purposes.
Also, a bill to repeal the local option law so far as it relates to Adairsville, in Bartow county.
They have also had under their consideration the following bill, which they report back to the House, with the recommendation that the same do pass as amended, to-wit:
A bill to establish a system of public schools for the county of Rabun.
They have also had under their consideration the following bill, which they report back to the House with the recvmmendation that the same do not pass, to-wit :
A bill to better provide for the education of the people of Georgia, and to create liens in favor of school teachers.
W. P. PRICE, Chairman.

By Mr. HillyerA bill to authorize the transfer of certain cases from the Superior Court of Fulton county to the City Court of Atlanta, and vice versa. By Mr. Branch-A bill to amend the act creating a board of commissioners for the county of Greene. By Mr. GrantA bill to repeal the act establishing a board of commissioners for the county of Habersham.

THURSDAY, FEBRUARY 1, 1877.

297

By Mr. CandlerA bill to repeal the several acts incorporating the city of Gainesville.

Mr. Paine, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker : The Committee on Enrollment report as duly enrolled
and signed by the Speaker of the Hous!;'! of Representatives, President of the Senate, and delivered to his Excellency the Governor, the following acts, to-wit ;
An act to fix the fees of the sheriff or jailer of Stewart county for dieting prisoners confined in the common jail in said county.
Also, an act to prohibit the sale of intoxicating liquors within one mile of Wofford Academy, in Bartow county, and to punish the same.
Also, an act to make applicable to the county of Upson an act approved March 17, 1869, creating a board of commissioners of roads and revenues for the county of Harris, and for other purposes~
Also, an act to empower the Mayor and aldermen of the city of Madison to provide for the registration of voters in the corporate elections in said city, and to enforce the same.
Also, an act to consolidate and amend the several acts incorporating the town of Bainbridge, in the county of Decatur, and to grant certain privileges to the same.
Also, an act to incorporate the Trion Manufacturing Company, and to grant certain powers and privileges to same.
Also, an act to incorporate the Oostanaula and Coosawattee Steamboat Company.
Also, an act to repeal an act consolidating the offices of Tax Collector and Receiver, so far as the same relates to the county of Appling.

298

JouRNAL oF THE HousE.

Also, an act to repeal so much of an act entitled an act to create a County Court in each county in the State of Georg'a, except certain counties therein mentioned, approved January 19, 1872, as applies to the county of Jackson.
Also, an act to amend section 4,414 of the Revised Code of Georgia, in reference to larceny from the.house.
Also, an act to enact other and further provisions for the better organization of the City Court of Atlanta.
By Mr. CandlerA bill to establish a city court for the city of GJ.inesville. By Mr. StanfordA bill to amend section 2040 of the Code. By Mr. Miller of HoustonA bill to amend section 3583 of the Code.
By Mr. StanfordA bill to amend section 4057 of the Code. Adverse report and lost.
By Mr. StanfordA bill to amend section 3911 of the Code Adverse report sustained and the bill lost. Also, a bill to cancel the homestead, in certain cases, at the will of the parties holding the same. Adverse report sustained and the bill lost.
By Mr. Dozier of Harris. A bill to secure costs to certain judicial officers. Lost. By Mr CauseyA bill to regulate the pay of clerk and sheriff of the county;of Crawford. Withdrawn. By Mr. OwenbyA bill to regulate th(manner and places of voting; Lost.

THURSDAY, FEBRUARY 1, 1877.

299

Also, a bill to require Tax Collectors to return all claims taken up. by them to the Ordinary.
Lost. By Mr. HarrellA bill to amend an act regulating the pay of jurors in the county of Decatur. Lost. Also, a bill to repeal section 346 of the Code. Lost. By Mr. CaseA bill to repeal an act to encourage the manufacture of cotton and woolen fabrics in the State of Georgia. Recommitted to the Finance Committee. By Mr. RagsdaleA bill to amend the act establishing a County Court in the county of DeKalb. Recommitted to the Committee on the Ju:liciary. By Mr. RawlinsA bill to abolish the offices of State and county school commissioner for the State of Georgia. Lost. By Mr. RawlinsA bill to make valid sheFiffs' titles in certain cases. Lost. By Mr. Miller of HoustonA bill to amend section 3, 740 of the Code. Recommitted to Judiciary Committee. By Mr. KeyA bill to provide for jurors in the County Court of the county of Jasper.

Mr. Russell, chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. Speaker: The Committee on Privileges and Elections have had
under consideration the petition of Luke and Hayes, pro-

300

JOURNAL OF TH~ HousE.

testing against the right of \Vm. M. Hammond and R. S. Burch to their seats as Representatives of the county of Thomas. The committee have given the case a thorough investigation, and it is the unanimous opinion of the committee that William M. Hammond and R. S. Burch received the highest number of legal votes polled for Representatives of said county, and that they are entitled to the seats now held by them. Your committee, therefore, submit the following resolution for the consideration of the House:
Resolved, That at an election held in the county of Thomas on the 4th day of October last, for members of the General Assembly of this State, Wm. M. Hammond and R. S. Burch did receive the highest number of legal votes polled for Representatives of said county, and are entitled to retain their seats.
Also, the petition of Amos R. Rodgers, protesting against the right of W. H. Atwood to his seat as Representative of the county of Mcintosh.
The committee have given the case a thorough investigation, and it is the unanimous opinion of the committee that \V. H. Atwood received the highest number of legal votes polled for Representative from said county, and that he is entitled to the seat now held by him.
Your committee, therefore, submit the following resolution for the consideration of the House:
Resolved, That at an election held in the county of Mcintosh, on the 4th day of October last, for members of the General Assembly of this State, that W. H. Atwood did receive the highest number of legal votes polled for Representative of said county, and is entitled to retain his seat.
Also, that the committee have had under consideration the petition of George M. English, Jr., protesting against the right of James D. Smith to his seat as the Representative of the county of Echols.

THURSDAY, FEBRUARY 1, 1877.

301

The committee have given the case a thorough investigation, and it is the unanimous opinion of the committee that James D. Smith, having received the highes(number of legal votes legally polled for Representative of said county, is entitled to the seat now held by him.
Your committee, therefore, submit the following resolution for the consideration of the House :
Resolved, That at an election held on the 4th day of October last, in the county of Echols, for members of the General Assembly o( this State, James D. Smith did receive the highest number of legal votes polled for Representative of said county of Echols, and is entitled to retain his seat.
PHILIP M. RusSELL, Chairman.

The following resolt1tion was taken up, read and adopted :
WHEREAS, the Committee on Privileges and Elections having reported that G. A. Mallette, of the county of Camden, James D. Smith, of the county of Echols, James H. Grant, of the county of Habersham, W. H. Atwood, ofthe county of Mcintosh, W. M. Hammond and R. S Burch, of the county of Thomas, were legally elected Representatives, and are entitled to their seats; be it therefore
Resolved, that the report of said committee be, and the same is hereby, adopted.
By Mr. GloverA bill to repeal an act establishing the line between the counties of Jones and Bibb. Lost.
By Mr. Brown of FayetteA~bill to repeal the act to create a board of commissioners for the county of Fayette. Recommitted to Judiciary Committee. By Mr. Atwood-

302

JouRNAL OF THE HousE.

A bill to prescribe the manner of appointing commis-

sioners in the county of Mcintosh.

Also, a bill to confer additional jurisdiction on the Mayor

of the city of Darien.

By lVIr. Taylor-

A bill to incorporate the town of Rocky Mount, in the

county of Meriwether.

.

By l\Ir. Sheffield of Miller-

A bill to change the time of holding the Superior Courts

in the county of Miller.

Bp Mr. Wooldridge-

A bill to require the voters of Chattahoochee county to

vote in their districts.

By Mr. Hillyer-

A bill to authorize judgments at the first term in certain

cases Lost.

Mr. Hood offered the following resolution, to-wit: A resolutionThat when there is an adverse report of a committee to the passage of a bill, it shall be read only by its title, unless the reading be demanded by a member of the H_ouse. If the report of the committee be disagreed to, the bill shall then be read. Agreed to.

By Mr. MatthewsA bill to amend an act prohibiting the sale of liquors at Milner. Lost. Also, a bill to amend an act to incorporate the Barnesville High School. Withdrawn. By Mr. JohnstonA bill to amend section 4, 814 of the Code. Lost.

FRIDAY, FEnRUARY 2, 1877.

303

Also, a bill to amend section 4, 560 of the Code. Lost. By Mr. BlackA bill to amend section 2, 617 of the Code. Lost. By Mr. Matthews of TalbotA bill to amend an act providing for the election of a board of commissioners for the county of Talbot.

Leave was granted Messrs. Jordan of Pulaski, Goodrum, Wall, Fort, Adams of Lee, Smith of Walton, Dozier of Quitman, Brewer, Cox of Troup, and Brockett.

On motion, the House adjourned. to 10 o'clock to-morrow morning.

ATLANTA, GEORGIA,

Friday, February 2, 1877.

The House met pursuant to adjournment, was called to

order by the Speaker, and opened with prayer by the

Chaplain.



The roll was called and a quorum found present.

The Committee on Journals, through Mr. Almon, chairman pro tem., reported the Journal of yesterday read and correct.

The Journal was then read.

Mr. Duke moved to reconsider two bills lost yesterday, regulating the sale of liquors at certain points in Jackson county.
The motion prevailed, and the two bills were recommitted to the Judiciary Committee.

304

JUURNAL OF TH'E HOUSE.

Mr. Northen moved a reconsideration of the bill in ref. erence to the declaration..,of dividends by joint stock companies.
The motion prevailed, and the bill was recommitted to the Committee on Finance.

Leave of absence was granted Messrs. Wilkes, Brown of Upson, \Volihin, Gresham, Matthews of Talbot, Sheffield of Miller, Marshall, Wilcox, Sims and Turnbull.

Mr. Paine, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker: The Committee on Enrollment report as duly enrolled
and signed by the Speaker of the House of Representatives and the President of the Senate, and delivered to his Excellency the Governor :
An act to regulate the fees of all jurors for the county of \Vare.

Mr. Pilcher, Chairman of the Committee on the Deaf and Dumb Asylum, submitted the following report :

Mr. Speaker:
The Committee on the Deaf and Dumb Asylum have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to amend an act entitled an act to change the age of admission of deaf and dumb children to the privileges of the Georgia Institute for the Deaf and Dumb, and to extend the time of privilege.
W. H. PILCHER, Chairman.

Mr. Fort offered the following resolution, to-wit: A resolutionThat whenever any bill shall be defective in the repeal

I

FRIDAY, FEBRUARY 2, 1877.

305

ing clause, that the Clerk be authorized toput the same in proper shape, under the direction of the Enrolling Committee.
Referred to the Committee on Judiciary.

The bill to loan the credit of the State to the Marietta, Canton and Ellijay Railroad, was made the special order for next Tuesday, at 11 o'clock.

Mr. Prke, Chairman of the Committee on Education, made the following report :

Mr. Speaker:

The Committee on Education have had under considera tion various bills to regulate and pay the claims of teachers for the year 1871, for the counties of \Vhitfield, Gilmer, Randolph, Butts, Dodge, Union and Towns counties, and report a substitute for said bills, which they recommend do pass.
Ah;o, a bill to be entitled an act to empower the board of education of the county of Jefferson to submit the question of a tax for school purpost>s to the freeholders of the county, or of any sub-district of the county, and to provide for the mode of doing the same, which the committee recommend do pass.
Also, a bill to be entitled an act to regulate the election of county school commissioner of Camden county, which the committee recommend do not pass.
Also, a bill to be entitled an a_!=t to provide for the com. pensation of the county board of education of the county of Camden, which they recommend do not pass.
oill Also, a to be entitled an act to fix the pay of the
county school commissioner of Crawford county, which the committee recommend do not pass.
W. P. PRICE, Chairman.
20

306

JouRNAL oF THE HousE.

Mr. Carlton, chairman of the Committee on Finance, submitted the following report, to wit :
Mr. Speaker: The Committee on Finance have had under their con-
!>ideration the following bill, which they report back to the House with the recommendation that it do pass, to wit:
A bill to authorize the county commissioners of Decatur county to issue bonds.

They have also had under their consideration the following bills, which they recommend do not pass, to-wit:
A bill to amend an act to fix the compensation of the clerk of the Supreme Court, to prescribe the manner of its payment, to define his duties in relation to costs, and for other purposes, approved February 25, 1875.
Also, a bill to consolidate the offices of Tax Collector and Tax Receiver in certain counties in this State, and to provide compensation for the services of the officer performing the duties of the two offices.

They have also had under their consideration the following bill, which they recommend do pass, by the following substitute, to-wit:
A bill to amend an act to reduce and regulate the fees of Tax Receivers and Tax Collectors in this State, and for other purposes, approveri February 21, 1876.

They have also had under their consideration the following bill, which they recommend do pass, as amended, towit:
A bill to loan the credit of the State to the Marietta, Canton and Ellijay Railroad, and for other purposes.
H. H. CARLTON, Chairman.

The following bill wa.s read and referred to the Geological Bureau, to-wit:
By Mr. Freeman-

FRIDAY, FEBRUARY 2, 1877.

307

A bill to abolish the office of State Geologist.

Mr. James, chairman of the Committee on Banks, submitted the following report :
Mr. Speaker:
The Committee on Banks have had under consideration the following bills, to-wit:
A bill, to be entitled an act to amend an act entitled an act to incorporate the Augusta Savings Institution, approved February 16th, 1875, and for other purposes; (with amendment to section 11).
Also, a bill to be entitled an act to amend an act, entitled an act to incorporate the Hawkinsville Bank and Trust Company, and for other purposes, approved August 26th, 1872.
Also, a bill to be entitled an act to revive, continue in force and amend so much of the act of the General Assembly of this State, entitled an act to incorporate the People's Bank of Macon; also, the Bank of Southwestern Georgia at Americus, approved October 24th, 1870, as relates to the People's Bank of Macon.
Also, a bill to be entitled an act to"authorize the directors of the Exchange Bank of Macon to reduce the capital stock of said bank.
All of which they recommend do pass. J. H. }A~IES, Chairman.

Mr. Stewart of Spalding, chairman of the Committee on the Judiciary, submitted the following report :
llfr. 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 be entitled an act to authorize and require the Ordinary of Fulton county to take entire management and

308

JouRNAL OF THE HouSE.

control of the Alms house in said county, and for other purposes.
Also, a bill to be entitled an act to organize a Criminal Court for the county of Bartow, to define its jurisdiction, and for other purposes.
Also, a bill to be entitled an act to change the penalty of the crime of bestiality, and for other purposes.
Also, a bill to be entitled an act to give to the county commissioners, ex-officio Judges of Chatham county, power and authority to establish two or more voting places in the court house of said county, and also to give the Mayor and aldermen of Savannah, power and authority to establish two or more voting places in the court house in said county, and for other purposes.
Also, a bill to be entitled an act to amend an act entitled, an act to create a board of commissioner!! of roads and revenues of the county of Emanuel, and to define the power and duties of the same, approved March 2nd, 1872.
Also. a bill to be entitled an act to amend an act to consolidate, amend and supersede the several acts incorporating the town of Hamilton, in the county of Harris.
Also, a bill to be entitled an act to require the registration of voters in Mcintosh county, and for other purposes.
Also, a bill to be entitied an act to amend an act entitled an act to require the Mayor and aldermen of the city of Bainbridge, to assess the value of taxable property of said city, and for other purposes.
Also, a bill to be entitled an act to repeal an act entitled an act to amend section 1, 700 of Lester, Hill and Irwin's Revised Code, approved March 1st, 1875.
Also, a bill to be entitled an act to amend section 4,814 of the Code of Georgia, in relation to the employment of convicts.
Also, a bill to be entitled an act to prevent the sale of

FRIDAY, FEBRUARY 2, 1877.

309

intoxicating liquors within three miles of the village of Mount Zion, in the county of Hancock.
Also, a bill to be entitled an act to prohibit any person from giving, selling or furnishing spirituous liquors to any other person or persons on election days.
Also, a bill lo be entitled an act to amend section 4,784 of Irwin's Revised Code of Georgia, and section 4,886 of the Code of 1873, which section prescri:::-es the power of the Mayor and aldermen of the city of Savannah, and for other purposes.
Also, a bill to be entitled an act to repeal an act entitled an act to provide for the payment of insolvent criminal costs in the county of Crawford, approved February 28, 1874.
Also, a bill to be entitled an act to prohibit the sale of spirituous,.iquors within the corporate limits of the town of Sharpsburg.
Also, a bill to be entitled an act to provide for the manner of tax sales by municipal corporations, and for other purposes.
Also, a bill to be entitled an act to amend an act entitled an act:to create a board of commissioners of roads and reve nues for the county of Early, and to define the duties of the same, approved February 28, 1876.
Also, a bill to be entitled an act to prohibit the sale of spirituous and malt liquors within three miles of Pleasant Grove Church and Academy, in Clayton county.
. Also, a bill to be entitled an 'act to alter an act entitled an act to allow the commissioners of roads and revenues of the county of Effingham, to change and regulate the charges for licenses to sell spitituous liquors in said county, and for other purposes.
Also, a resolution authorizing the Governor of this State to receive the surrender of the charter of the Fire and Insurance Company of the city of Savannah.
Also, a bill to be entitled an act to amend an act entitled

310

JouRNAL OF THE HousE.

an act to organize a Criminal Court for the county of Burke, and for other purposes, which your committee recommend do pass as amended.
Also, a bill to be entitled an act to define the mode and manner of purchasing and slaughtering cattle in the county of Bibb, to which your committee offer an amendment, and a3k that the same, as amended, do pass. ~~Also, a bill to be entitled an act to change the time of holding the fall term of Effingham Superior Court, to which your committee offer a substitute, and ask that the same be adopted in lieu of the original bill.
Also, a bill to be entitled an act to provide for an issue docket in the Superior Courts in this State, to which your committee offer an amendment, and ask that the same, as amended, do pass.

Your committee have had under consideration a resolution authorizing the State Librarian to furnish certain books to the Clerk of the Superior Court of the county of Clinch, which they recommend do pass as amended.
Also, a bill to be entitled an act toauthorize affidavits in certain cases to be taken in other States, and to certify the same, and for other purposes.

Your committee have also had under consideration the following bills, which they recommend do not pass:
A bill to be entitled an act to provide for jurors in the Justices' Courts in Decatur county, and for other purposes.
Also, a bill to be entitled an act to authorize the clerks of the Court of Ordinary in this State to administer oaths.
Also, a bill to be entitled an act to amend section 1, 9i9 of the Code of 1873, in relation to the liens of mechanics, and for other purposes.
Also, a bill to be entitled an act to amend the Constitution of this State fixing the sessions of the General Assembly, and for other purposes.

FRIDAY, FEBRUARY 2, 1877.

311

Also, a bill to be entitled an act to make it a misdemeanor to plant crops without having the same enclosed by a lawful fence.
Also, a bill to be entitled an act to require the owners of all steam boilers in this State to have the same inspected.
Also, a bill to be entitled an act to protect and preserve unimpaired the right of trial by jury.
Also, a bill to be en titled an act to further protect the ballot from corruption.
Also, a bill to be entitled an act to require the Judges of the Superior Courts of this State to alternate, and for other purposes.
Also, a bill to be entitled an act to amend the acts in relation ~o criminal fees of the sheriff of Chatham county.
Also, a bill to be entitled an act to regulate the granting of judgments in the Superior Courts in this State.
Also, a bill to be entitled an act to amend paragraph 3, section 1 of article 3, of the Constitution of this State, regulating the sessior;ts of the General Assembly.
Also, a bill to be entitled an act to repeal sections 1,456 and 1,457 of the Code of Georgia.
Also, a bill to be entitled an act to amend section 281 of the Code of Georgia, so far as the same relates to the county of Elbert.

Your committee have also had under consideration-
A bill to be entitled an act to change the line between the counties of Fulton and Clayton, which bill your committee recommend be referred to the Committee on New Counties and County Lines.
]No. D. STEWART, Chairman.

Mr. Payne, Chairman of the Committee on Enrollment, submitted the following report:

312

JOURNAL OF THE HOUSE.

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 acts :
An act to regul.::tte the fees of all juror> and bailiffs in the counties of \Vare, Lowndes, Echols, Charlton and Clinch.

The following message was received from his Excellency the Governor, through Mr. Avery, his secretary:
Mr. Speaker: The Governor has approved the following acts, to-wit: An act to enact other and further provisions for the bet-
ter orgauization of the City Court of Atlanta. Also, an act to empower the Mayor and aldermen of
the city of Madison to provide for the registration of voters in the corporate elections in said city, and to enforce the same.
Also, an act to incorporate the Oostanaula and Coosawattee Steamboat Company.
Also, an act to amend section 4,414 of the Revised Code of Georgia, in reference to larceny from -the house.
Also, an act to fix the fees of the sheriff or jailer of Stewart county, for dieting prisoners confined in the common jail in said county.
Also, an act to repeal an act consolidating the offices of Tax Collector and Receiver, so far as the same relates to the county of Appling.
Also, an act to prohibit the sale of intoxicating liquors within one mile of wofford Academy, in Bartow county, and to punish the same.
Also, an act to repeal so much of an act entitled an act to create a County Court in each county of the State of Georgia, except such counties therein mentioned, approved January 19, 1872, as applies to the county of Jackson.
Ajso, an act to make applicable to the county of Upson an act approved March 17, U~69, creating a board of com-

FRIDAY, FEBRUARY 2, 1877.

313

missioners of roads and revenues for the county of Harris, and for other purposes.
Also, an act to amend an act to consolidate and amend the several acts incorporating the town of Bainbridge, in the county of Decatur, and to grant certain privileges to the same.
Also, an act to incorporate Trion Manufacturing Company, and to grant certain powers and privileges to the same.
Also, an act to regulate the fees of all jurors and bailiffs in the counties of \Vare, Lowndes, Echols, Charlton and Clinch.

Mr. Moses offered the following resolution, which was,

under a suspension of the rules, adopted and ordered trans-

mitted to the Governor, to-wit:

Resolved, That his Excellency the Go\ernor be requested

to inform the House of Representatives under what law

the following amounts have been disbursed from the pub-

lic treasury, and why the employments hereinafter referred

to were not made according to the provisions of the Code,

section 6:3:

McCay & Trippe, retainer..................................$2, 500

W. A. Hawkins,

'' ........... ,..................... 1,500

T. L. Sneed,

" ... ... ... ................. .... ... 1, 500

W. T. Newman,

'' ................................. 200

D. P. Hill,

" .. .. .. .... .. .. .. .. .. .. ... .. .. .. .. 250

S. Dutcher,

" ......... .............. .......... 500

Total. .....................................................$6,450

The regular order, being the call of the roll of counties for the introduction of new matter, was taken up, the following bills introduced, read the first time, and referred as follows:
The following bills were read the first time, and referred to the Judiciary Committee, to-wit :

314

JouRKAL OF THE HousE.

By Mr. TurnbullA bill to require clerks of the Superior Courts to keep their offices open from nine o'clock A.M. to four o'clock
P.M.
By Mr. StokelyA bill to allow Judges of the Superior Courts to make certain rules.
By Mr. MalletteA bill to aid in the conviction of theft of animals in the county of Camden. By Mr. MalletteA bill to exempt pilots from jury duty.
By Mr. RussellA bill to allow the clerk of the Superior Court of Chatham county to demand a deposit to cover costs in civil cases. By Mr. KennonA bill to amend section 4, 716 of the Code.
By Mr. CloudA bill to repeal an act providing for the payment of certain insolvent costs in the county of Clayton.
By Mr. HardenA bill to provide a more expeditious and inexpensive manner of administering on small estates.
By l\Ir. McAfeeA bill to consolidate the offices of Tax Collector and Receiver in the county of Dawson. By Mr. ReeceA bill to amend the game laws so as to make them apply to the counties of Camden, Bartow, Putnam and Floyd. Also, a resolution recommending Perry's docket.
By Mr. FryA bill to define more fully the duties of the sheriff of the county of Fulton. By.Mr. James-

~

FRIDAY, FEBRUARY 2, 1877.

315

A bill to regulate sale of liquors at certain points in Fulton county.
By Mr. Hillyer-A resolutionIn reference to the bankrupt laws, and asking their repeal. By Mr. BowenA bill to amend the act to make the Tax Collector of Douglas county ex-officio Treasurer. Also, a bill to require the Collector and Receiver of taxes of the county of Douglas to pay over moneys to the Treasurer. By Mr. BlueA bill to prohibit the sale of spirituous liquors at St. Simon's Island. By Mr. BranchA bill to make the Penitentiary convicts liable to road duty. By Mr. BornA bill to repeal the act prohibiting- the sale of liquors at certain points in Gwinett county. By Mr. GrantA resolutionRelative to the repeal of certain revenue laws. By Mr. CandlerA bill to authorize dl'!puty clerks of Superior Courts to attest deeds, etc. By Mr. BennettA bill to fix the fees of jailers in the counties of Banks and Jackson. By Mr. KeyA bill to provide for the redemption of lands sold m certain cases. By Mr. GuytonA bill to fix the fees of jurors in the county of Laurens. Also, a bill to repeal the act creating an advisory board for the county of Laurens.

316

JouRNAL oF THE HousE.

By Mr. Willis-A bill to amend the County Court laws, so far as the same relates to the county of Macon. Also, a bill to prohibit the sale of liquors near Lebanon church, in the county of Macon. By Mr. RoperA bill to amend the act prohibiting the sale of liquors at certain points in the county of Meriwether. By Mr. CollinsA bill to abolish the pay of jurors in the county of Mitchell. By Mr. AdamsA bill to transfer the county of Liberty from the Brunswick to the Eastern Judicial Circuit. By Mr. McRaeA bill to require James Boyd, former Tax Collector of Telfair county, to make certain deeds. By .vir. MosesA bill to confer exclusive jurisdiction on the Superior Courts in certain misdemeanors. Also, a bill to amend section 1, 203 of the Code. Also, a bill to facilitate the collection of tax fi. fas. By Mr. SimsA bill to prevent persons from storing guano near the public square in the city of Covington. Also, a bill to establish a board of commissioners for the county of Newton. By Mr. Murray- A bill to provide for the payment of certain costs in the Superior Court of Oconee county. By Mr. WiseA bill to vest the authority to assign dower in the Ordinary. By Mr. BlackA bill to effect the more speedy service of court papers where the sheriff is a party.

FRIDAY, FEBRUARY 2, 1877.

317

By Mr. Jones of Polk-
A bill to repeal the act establishing a County Court in the several counties of this State.
By Mr. Matthews of PikeA bill to require the public school law to be given in charge to grand juries. By Mr. Walsh-A bill to regulate the liability of hotel keepers. By Mr. Pickett of RabunA bill to amend section 610 of the Code. By Mr. HumberA bill for the relief of teachers of public schools in the county of Stewart, in the year 1871. By Mr. HammondA bill to limit the time in which public laws may be signed by the proper officers. By Mr. KimseyA bill to prevent tbe furnishing of spirituous liquors on election days. By. Mr. McDonaldA petition for the relief of B. D. Draffin. By Mr. KimseyA bill to prohibit the sale of spirituous liquors at certain points in the county of Towns. By Mr. HoodA bill to regulate the liability 0f common carriers for the storage of fertilizers. By Mr. WalshA bill to make the wards and militia districts of the city of Augusta correspond. By Mr. PeacockA bill to abolish a board of commissioners for the county of Washington. By Mr. HoodA bill to allow D. T. Goff to practice medicine. By Mr. Knox-

318

JouRNAL OF THE HousE.

A bill to amend the law in reference to the legal advertising.
By Mr. JamesA bill to amend section 4,560 of the Cqde. By Mr. PilcherA bill to amend section 4,155 of the Code. By Mr. Adams of ChathamA bill to amend section 2, 040 of the Code,
By Mr. RichardsonA bill to authorize the Superior Courts to summons tales jurors in certain cases.

The following bills were read and referred to the Committee on Fincance, to-wit:
By l\Ir. TumlinA bill to regulate the commissions of County Treasurers in this State. By Mr. StokelyThe petition of James E. McGuire for relief. By Mr. KirbyA bill al.Jolishing the office of State Geologist. By Mr. DewsA bill to fix the pay of jurors in the county of Baker. By Mr. WilsonA bill for the relief of Brittain West. By Mr. LangA bill to appropriate the State taxes of the county of Glynn, to erect quarantine buildings in the harbor of Brunswick. Also, a bill to omit the collection of State taxes in the county of Glynn. By Mr. RussellA bill for the relief of the heirs of Mordecai Sheftall. By Mr. StricklandA bill to regulate the commissions of Tax Receivers and Collectors.

FRIDAY, FEnRUARY 2, 1877.

319

By Mr. CauseyA bill to repeal the act reqJiring one-half the rental of the Western and Atlantic Railroad to be given to the public schools. By Mr. W ollihinA bill to loan the credit of the State to the Brunswick and Albany Railroad. By Mr. WhittleA bill to regulate certain convicts in the county of Bibb.
By Mr. FryA bill to require the Ordinary of Fulton county to pay off certain jury certificates. Also, a bill to repeal certain acts in reference to the City Court of Atlanta, and for other purposes. Also, a bill to loan the credit of the State to the Elberton Air Line Railroad. A !so, a bill for the relief of the estate of John Caldwell, deceased. By Mr. HillyerA bill to authorize the payment of insolvent costs to Evan P. Howell. By Mr. AlmonA bill to fix the salary of the State School Commissioner and. his clerk. By Mr. Miller of HoustonA ResolutionIn reference to certain gold bonds. By Mr. BennettA bill to consolidate the offices of Tax Receiver and Collector in the county of Jackson.
Also, a qill to abolish the board of commissioners in the
county of Jackson. Also, a bill to prohibit the levy of more than fifty per
cent. on the State tax for county purposes in the county of Jackson.
By Mr. Evans-

320

JouRNAL OF THE HousE.

A bill to secure a correct and uniform valuation of prop-

erty.

By Mr. Price-

A bill to fix the salary of the clerk of t:he Commissioner

of Agriculture.

By Mr. Atwood-

A bill to authorize E. P. Champney to practice medicine.

Also, a bill to provide for a survey and map of the county

of Mcintosh.

By Mr. Stewart-

A bill to authorize the county of Milton to retain certain

moneys to build a court-house.

By Mr. Reid of Morgan-

A bill for the relief of L. M. Wilson.

By Mr. Leach-

A bill to authorize the payment of a certain sum to R.

E. Wilson.

By Mr. Moses-

A bill to amend section 864 of the Code.

Also, a bill to amend section 798 of the Code.

By Mr. Fry-

'

A bill for the. relief of F. C. McCreary.

By Mr. Reid of Putnam-

A bill to repeal the act prohibiting the sale of spirituous

liquors in Putnam county.

By Mr. Smith of Oglethorpe-

A bill to allow William Dixon to peddle without license.

By Mr. Walsh-

A bill to regulate the pay and bond of the Tax Col-

lector of the county of Richmond.

By Mr. Davison-
A bill to allow J. P. Raiford to peddle without license.

By Mr. Glover-

A bill to abolish the office of County Treasurer in

Twiggs county.

By Mr. Awtrey-

A bill to amend the usury Jaws of this State.

FRIDAY, FEBRUARY 2, 1877.

321

The following bills were introduced, read the first time, and referred to the Committee on Corporations, to-wit:
By Mr. MalletteA bill to amend the act incorporating the town of St. Marys. By Mr. HardenA bill to incorporate the Alatoona Gold Mining Company. By Mr.'ReeceA bill to repeal the act incorporting the town of Rome, and for other purposes. Also, a bill to incorporate the Rome Fire and Marine Insurance Company. By Mr. WhittleA bill to authorize the city of Macon to issue bonds. By Mr. HillyerA bill to incorporate the Gwinnett Manufacturing Company. Also, a bill to incorporate the Collins Manufacturing and Power Company. By Mr. OwenbyA bill to incorporate the Methodist Episcopal Church near Graysville, in Catoosa county. By Mr. FrederickA bill to amend the acts incorporating the town of Spaling. By Mr. Smith of WaltonA bill to amend the act incorporating the town of Social Circle. By Mr. RichardsonA bill to provide for the registration of voters in the city of Dalton. Also, a bill to amend the 8th section of the charter of the city of Dalton, as to declare failure to work on the streets and side-walks a misdemeanor.
21

322

JouRNAL oF THE HousE.

The following bills were read the first time, and referred to the Committee on New Counties and County Lines, to-wit:
By Mr. PaulA bill to change the line between the counties of Randolph and Calhoun. Also, a bill to change the line between the counties of Baker and Calhoun. By Mr. PearsonA bill to change the line between the counties of Ware and Coffee, and Coffee and Clinch. By .Vlr. OwenbyA bill to change the line between Whitfield and Cotoosa counties. By Mr. DudleyA bill to change the line between the counties of Floyd and Gordon. By Mr. AtwoodA bill to change the line between the counties of Mcintosh :md Liberty. By Mr. AndersonA bill to change the line between the counties of Newton and Jasper. Also, a bill to change the lines between the counties of Jasper and Newton. By Mr. MarshallA bill to change the lines between Lee and Terrell counties. By Mr. KnoxA bill to change the lines between the counties of\Vayne and Camden.
The following bill was introduced, read, ar.d refer~ed to the Committee on Military Affairs, to-wit:
By Mr. FortA bill to grant certain privileges and powers to the Griffin Light Guards.

FRIDAY, FEBRUARY 2, 1877.

323

The following bill was read the first time and referred to the Committee on Education, to-wit:
By Pickett of RabunA bill to incorporate the Rabun Gap High School.

The following bills were read and referred to the Committee on the Penitentiary, to-wit:
By Mr. TumlinA bill to abolish the office of Principal Keeper of the Penitentiary. By Mr. FryA bill to repeal the act to farm out the convicts of the State of Georgia.

The following bills were read the first time, and referred to the Committee on Agriculture, to-wit:
By Mr. HardenA bill to make more effective and economical the inspection of fertilizers. By Mr. FreemanA bill to repeal an act to protect the farmers of Georgia from imposition in fertilizers.

The following bill was read and referred to the Committee on Public Printing, to-wit :
By Mr. CorkerA bill to create commissioners of public printing, and for other purposes.

A resolution by Mr. Stokely, asking railroad companies to enclose their property, was read and referred to the Committee on Internal Improvements.

The following bill was introduced, read and referred to

the Committee on Privileges and Elections, to-wit;

By Mr. Richardson-

'

A bill to authorize the Ordinaries and county commis-

324

JouRNAL oF THE HouSE.

sioners to dispose of contested elections for representatives and county officers.

The regular order being the reading of House bills the third time for final disposition, the following bills were read and disposed of as follows, to-wit:
By Mr. Jordan of HancockA bill to amend section 2,009 of the Code. Passed. By Mr. AlmonA bill to amend the act providing for a board of commissioners of the county of Heard. Passed. By Mr. WhittleA bill to authorize certain parties to construct and ope~ rate a boom across the Ocmulgee river, near the city of Macon, and on their own land. Amended and passed. By Mr. Jordan of PulaskiA bill to repeal an act to alter and amend the revenue laws of this State. Laid on the table.
By Mr. Mathews of PikeA bill to amend the act organizing a County Court in the county of Pike. Amended and passed. By Mr. GrayA bill to fix the pay of jurors in the county of Paulding. Amended and passed.
By Mr. BloodworthA bill to repeal the act to compel the Tax Collectors to receive debts due by them to the county in payment of taxes. Amended and passed.

Mr. Carlton moved t9 suspend the rules and read the

SATURDAY, FEBRUARY 3, 1877.

325

tax act the second time, which motion prevailed, and the bill was read.

Mr. Tumlin introduced the following resolution, to-wit : A resolutionThat on and after Monday next the roll of counties be dispensed with and no new matter be introduced except by committees. Laid on the table.

The Speaker appointed the following special committee to whom shall be referred the memorial on the establishment of an inebriate asylum, to-wit: Messrs. Paul, Dudley, Taylor, Kendrick and Mobley.

On motion of Mr. Adams of Chatham, the rules were
suspended, and ~ resolution in reference to the surrender of the charter of the Marine Bank of G~orgia was taken up, read, and agreed to.

Leave of absence was granted Messrs. Hutchins, Price, Calloway, Jordan of Hancock, and Duke.

On motion. the House adjourned to 10 o'clock to-morrow morning.

ATLANTA, GEORGIA,
SATURDAY, February 3, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Hon. Mr. Cloud.
The roll was called.

326

JouRNAL OF THE HousE.

Mr. Willis, chairman of the Committee on Journals, reported the Journal ofyesterday read, correct and approved.

The Journal was then read.

Henry H. Carlton, Chairman of the Finance Committee, made the following report :
Mr. Speaker:
The Committee on Finance have had under consideration the following bills, which they recommend do pass:
A bill to be entitled an act to allow the county of Clay to retain two thousand dollars of the State tax for 1877, to aid in re-building a bridge across the Chattahoochee river at Fort Gaines.
Also, a bill entitled an act to fix the compensation of Tax Receivers and Tax Collectors of the counties of Union and Towns, and for other purposes therein mentioned.
Also, a bill entitled an act to fix the compensation of the Receiver of Tax Returns for the county of Richmond, to pass as amended.
Also, a bill entitled an act for the relief of James R. Johnson and others, to pass as amended.
Also, a resolution asking suspension for collection of taxes in the county of vVare, do pass as amended.

The committee also recommends that the following bills do not paos:
A bill to be entitled an act to consolidate the offices of Tax Receiver and Collector of the county of Pike.
Also, a bill to be entitled an act to consolidate the offices of Tax Collector and Receiver of Tax Returns in the county of Bulloch, and for other purposes therein mentioned.
Also, a bill to be entitled an act to repeal, an act to provide for the correct assessment of taxable property in this State.
Also, a bill to be entitled an act to appropriate the sum

SATURDAY, FEBRUARY 3, 1877.

327

of fifteen hundred dollars of the State tax for the county of Appling, for the rebuilding of a court house ofsaid county.
Also a bill to be entitled an act to repeal an act entitled an act to encourage the manufacturing of cotton and woolen fabrics in the State of Georgia, Approved August the 27th, 1872. And to repeal an act entitled an act to extend the provisions of an act to encourage manufacturing of cotton and woolen fabrics in the State of Georgia, approved August 27th, 1872, to iron furnaces and the manufacturing of iron, approved February the 19th, 1873.
Also, a bill to be entitled an act to allow Lawson F. Collier of the county of Dooly to sell drugs without a license.
Also, a bill to be entitled an act to fix the compensation of Tax Collector and Tax Receiver of Milton county.
Also, a bill to be entitled an act for the relief of H. Y Gibson, late Tax Collector of Monroe county, and his securities.
Also, a bill to be entitled an act to relieve Felder Jackson of Houston county, and Green Jackson of the county of Crawford, from taxation by State and county, except poll tax, on account of permanent blindness.
Also, a bill to be entitled an act for the relief of J ulias A. Bagley, Tax Collector of the county of Pulaski.
Also, a bill to be entitled an act to allow Henry King, a disabled soldier, and John Anderson, a cripple of Union county, to peddle in this State, without license.
Also, a bill to be entitled an act to consolidate the offices of Tax Receiver a.1d Tax Collector of Paulding county, and fix his commission, and for other purposes.
Also, a bill to be entitled an act for the compensation of J. I. Miller, late Tax Receiver of Fulton county.
Also, a bill to be entitled an act to refund to the tax payers cf Monroe county the sum of seven hundred and fifty dollars and six cents, illegally assessed against them in the years 1866 and 1867, which sum was collected and

328

JOURNAL OF THE HOUSE.

paid into the State treasury, with the further sum of four hundred and seventy-three dollars and twenty-nine cents, interest thereon, and to provide for the disposition of said sums, and for other purposes therein contained.

The committee also have had under consideration the

following resolutions, which they recommend do not pass:

A resolution-

To prevent the State Treasurer of Georgia from redeem-

ing the treasury notes issued by the western and Atlantic

Railroad during the war.

Also, a resolution-

To appropriate a sufficient fund to furnish the Superior

Court of Baker county with Georgia Supreme Court reports.

Also, a resolution-

To provide for the appropriation of a portion of the gen-

eral State tax of Camden county, in this State, f,>r the

current year for building a county jail in Saint Mary's, in

said county.

HENRY CARLTON, Chairman.
By R. J. MosES, Chairman pyo tem.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the following resolution, in which they ask the concurrence of the House of Representatives, to-wit :
A resolution concerning a tract of 366,720 acres of land in Southern Georgia, and to direct the Governor to have the same surveyed.
The Senate has passed the following bills, to wit: A bill to provide for the selection and compensation of competent and impartial jurors, and for other purposes. Also, a bill to regulate law of insurance in the State. Also, a bill to amend section 598 of the Revised Code.

SATURDAY, FEBRUARY 3, 1877.

329

Also, a bill to amend the charter of the Scofield Rolling Mill Comrany.
Also, a bill to amend the charter of the Castle Rock Coal Company of Georgia.

Under a suspension of the rules, a resolution by Mr. McDonald, suspending the collection of State taxes in the county of Ware, was taken up, read and agreed to.
Mr. Hillyer asked a suspension of the rules, to allow the re-committal of a certain bill, which motion did not prevail.
Mr. Moses asked a suspension of the rules for a similar purpose, which motion was also lost.
Leave of absence was granted Messrs. Burch, Hollis, Branch, Roberson, Strickland, Smith of Oglethorpe, Hogan of Carroll, Gray, Bloodworth, Hogan of Monroe, ar>d Greene.

Mr. Stewart of Spalding, Chairman of the Committee on the Judiciary, submitted the following report :
Mr. Speaker :
The Committee on the Judiciary have had under consideration the following bills, and recommend that the same do pass, to-wit:
A bill to be entitled an act to regulate the elective fran chises in municipal elections in the city of Augusta, and for other purposes.
Also, a bill to be entitled an act to incorporate the Brooks County Manufacturing Association.
Also, a bill to be entitled an act to repeal an act to provide for a county board of commissioners for the county of Mitchell, and to prescribe the powers and duties thereof.
Also, a bill to be entitled an act to change the place of holding sheriff's sales in the county of McDuffie.
Also, a bill to be entitled an act to amend the charter of the town of Perry.

3:~0

JouRNAL OF THE HousE.

Also, a bill to be entitled an act to amend section 3,654 of the Code of Georgia, 1873.

Also, a bill to be entitled an act to make the Tax Collectors of Mitchell and Colquitt counties ex-officio shenff,

each in his own county, and for other purposes. Also, a bill to be entitled an act to amend the charter of

Valdosta, and for other purposes.

Also, a bill to be entitled an act to authorize the Ordi-

nary of the county of Mitchell to hire out prisoners confined in the county jail of said county, convicted of misde-

meanors, and for other purposes.

.

Also, a bill to be entitled an act to amend the charter of

the city of Griffin, relative to changing the fees of city

sexton.

Also, a bill to be entitled an act to authorize the Ordi-

nary of Spalding county to keep his office at any place within the corporate limits of the city.
Also, a bill to be entitled an act to amend an act entitled an act to provide for the probate in this State of wills

already proven in foreign countries, and for other purposes,

approved March 2, 1874.

Also, a bill to be entitled an act to provide for the disposition of certain criminal cases in the County Court of

Clarke county, in which the county Judge is disqualified from presiding.
Also, a bill to be entitled an act to amend section 4, 440

of the Code of Georgia, in relation to trespassing on lands.

Your committee have also had under consideration a bill to be entitled an act to alter and define the fees of Justices of the Peace and constabks of this State, and for other purposes, to which your committee offer an amendment, and recommendthat the same, as amended, do pass.

Your committee have also had under consideration the following bills, to which your committee offer a substitute,

SATURDAY, FEBRUARY 3, 1877.

331

and recommend that the substitute, in lieu of the original, do pass:
A bill to be entitled an act to repeal an act to prohibit the sale of spirituous liquors within two miles in any direction from Harmony Grove Academy, in the town of Harmony Grove, in Jackson county.
Also, a bill to be entitled an act to repeal an act to prohibit the sale of spirituous liquors within two miles of the Academy in the village of Harmony Grove, in Jackson county; also, the town of Canton, Woodstock Academy, in Cherokee county.
Also, a bill to be entitled an act to amend the homestead laws of this State, approved February 26th, 1876.
Also, a bill to be entitled an act to amend an act entitled an act to establish a County Court for the county of Dougherty, and to repeal so much thereof as fixes the compensation of the judge of the court, and for other purposes.

Your committee have also had under consideration the following bills, and recommend that the same do not pass, to-wit:
A bill to be entitled an act to regulate the assessment and levy of taxes for county purposes, in the county of Lee.
Also, a bill to be entitled an act to enable Solicitors General engaged in defending criminal cases, and receive fees therefor.
Also, a bill to be entitled an act to strike out from section 4,411 of the Code of Georgia, "as prescribed in section 4, 310 of this Code," and to insert in lieu thereof the words "by confinement and labor in the penitentiary - not less than one and not longer than ten years."
Also, a bill to be entitled an act in relation to the selling of spirituous and malt liquors in Wild Cat and Scull Shoals District of Oconee county.
JOHN D. STEWART, Chairman.

332

JouRNAL OF THE HousE.

Mr. Thomas, chairman of the Committee on New Counties and County Lines, submits the following report.
Mr. Speaker:
The Committee on New Counties and County Lines, have had under their consideration the following bills which they recommend to pass, to-wit:
A bill to define and establish the lines between the counties of Ware and Coffee, and Coffee and Clinch.
Also, a bill to change the line between the counties of Berrien and Irwin.
They have also had under their consideration the following bills which they recommend Jo not pass, to-wit:
A bill to so change the line between the counties of Wayne and Camden, as to include William Ammons, now of the county of Camden, in the county of Wayne.
They have also had under their consideration, the following bill which they report back to the House, with the recommendation that the same be withdrawn, to-wit:
A bill to change the lines between the counties of Clayton and Henry, so as to include in the county of Clayton the balance of the original 12th district of Henry.
Respectfully submitted. W. W. THOMAS, Chairman.

The regular order being the reading of House bills the third time for final disposition, the following bills were read the third time, and disposed of, as follows :
.dy Mr. BrewerA bill to repeal the act allowing the board of commis~ioners of Effingham county to fix and regulate liquor licenses. Passed. By Mr. Stewart of SpaldingA bill to amend the Constitution of the State. Laid on the table. By Mr. Murray of Oconee-

SATURDAY, FEBRUARY 3, 1877.

333

A bill to fix the per diem of jurors in county of Oconee. Amended and passed. By Mr. TaylorA bill to change the line between the counties of Coweta and Meriwether. Amended and passed. By Mr. RoperA bill to amend the act creating a boad of commissioners for Meriwether county. Amended and passed. By Mr. Hollis of MarionA bill to abolish the County Court in the county of Marion. Amended and passed.
By Mr. PriceA bill to prohibit the sale of liquors in the 821st District G. M. of Lumpkin county. Recommitted to Judiciary Committee.
By Mr. RobsonA bill for the relief of Gideon L. Mathews. Passed. By Mr. CauseyA bill to regul~te the pay of jurors and bailiffs in the county of Crawford. Amended to include the county of Pierce, and passed. By Mr. Adams of ChathamA bill to give the Mayor of Savannah and the board of commissioners of Chatham county the power to compel the removal of small-pox patients, and to make vaccination compulsory. Passed. By Mr. Hogan of CarrollA bill to change the line between the counties of Carroll and Douglas. Amended and passed.

334

JouRNAL OF THE HousE.

Also, a bill to abolish the County Court of Carroll county.
Amended and passed. By Mr. Bacon of BibbA bill to incorporate the Middle Georgia Mineral Association. Passed. By Mr. Davis of BibbA bill to make the Tax Collector of the county of Bibb ex-officio sheriff in certain cases. Amended and temporarily laid on the table. By Mr. Bacon of BibbA bill to incorporate the Merchants' Bank of Macon. This being a bill requiring the call of the yeas and nays of the House on its passage, the same was had, and the result was as follows :

Those voting in the affirmative are, Messrs.-

Adams of Chatham, Fry,

Penn,

Adams of Lee,

Grant,

Perkins,

Almon,

Gray,

Phillips of Carroll,

Allred,

Green,

Phillips of Cobb,

Anderson,

Glover of Jones, Pickett of Rabun,

Atwood,

Hammond,

Pickett of Gilmer,

Awtry,

Harden,

Pilcher,

Bacon of Liberty, Harrell,

Polhill,

Benson,

Harralson,

Puckett,

Bennett,

Hollis,

Ragsdale,

Black,

Humber,

Rawlins,

Bloodworth,

James,

Reid of Morgan,

Blue,

Johnston,

Reece,

Born,

Jones of McDuffie, Richardson,

Bowen,

Jones of Polk,

Robson,

Branch,

Kendrick,

Roper,

Bunts,

Kennon,

Rouse,

Burch of Thomas, Key,

Russell,

Candler,

Kimsey,

Scruggs,

SATURDAY, FEBRUARY 3, 1877.

335

Carter, Case, Causey, Cloud, Cochran, Colbert, Colley, Collins, Corker, Davison, Davis of Stewart, DeLoach, Dozier of Harris, Dudley, Duggar, Dews, Faircloth, Fletcher, Fort, Fortner, Frederick, Freeman,

Kirby, Knox, Lang, Leach, Matthews of Pike, McAfee, McDonald, Mcintyre, McGar, Miller, Mobley, Moore, Moses, Murray, North, North en, Otti,, Owenby, Peacock, Paul, Pearson, Peek,

Shaw, Sheffield of Early, Sikes, Smith of Echols, Smith of Tatnall, Smith of Butts, Stewart of Taylor, Stewart of Milton, Stewart of Spalding, Stokely, Taylor, Thomas, Turner, Wade, Walton of Burke, Walton of Haralson Walsh, Whittle, Wilson, Wooldridge, Wolihin, Willingham.

Those voting in the negative are Messrs.-

Mallette,

Vick.

Those not voting are Messrs.-

Brockett,

Hillyer,

Roberson,

Brown of Upson, Hogan of Monroe, Sheffield of Miller,

Brown of Fayette, Hogan of Carroll, Simms,

Callaway,

Hood,

Smith of Oglethorpe,

Carlton,

Hughes,

Smith of Walton,

Cox of Troup,

Hutchins,

Stanford,

Cox of Bryan,

Jordan of Hancock, Strickland,

Davis of Bibb,

Jordan of Pulaski, Tumlin,

Davis of Houston, Marshall,

Turnbull,

D~sier of Quitman, Matthews of Talbot, Wall,

336

JouRNAL oF THE HousE.

Duke. Evans, Gresham, Glover of Twiggs, GooJru,n, Guyton,

Maund, McRae, Payne, Pope, Price, Reid of Putnam,

Yeas, 123. Nays, 2. Not voting, 49.
So the bill was passed.

Wise, Wilkes, Willis, Williams, Wilcox.

The bill of Mr. Davis of Bibb was then taken up, amended and passed.
By Mr. StokelyA bill to repeal the act regulating the sale of liquors in the town of Adairsville, in the county of Bartow. Amended and passed. By Mr. RobersonA bill to prevent the sale of liquors near Consolation Church. Laid on the table. By Mr. GreenA bill to incorporate the Milledgeville Manufacturing Company. Amended and passed. By Mr. Tumlin of BartowA bill to repeal the act allowing additional compensation to the sheriff of Bartow county. Amended and passed. The bill by Mr. Roberson of Appling, to prevent the the sale of spirituous liquors near Consolation Church, in the county of Appling, was taken up and passed, as amended by the Judiciary. By Mr. Tumlin of BartowA bill to amend the charter of the city of Cartersville.

SATURDAY, FEBRUARY 3, 18i7.

337

Substitute reported by the committee adopted and passed.
By Mr. PerkinsA bill to provide for the election of County Treasurer of the county of Burke. Passed.
By Mr. KirbyA bill to regulate the pay of jurors and bailiffs in the county of Berrein. Amended and passed.
By Mr. l\IalletteA bill to amend the act providing for a board of commissioners for the county of Camden. Amended and passed. By Mr. LangA bill to consolidate certain county offices in the county of Charlton, and for other purposes. Amended and passed. By Mr. WooldridgeA bill to regulate the pay of jurors in the county of Chattahoochee. Passed by substitute. By Mr. WilliamsA bill to reduce the sheriff's bond in the county of Columbia. Amended to include the counties of McDuffie, Pierce, Chattooga and Warren, and passed. Also, a bill to prohibit the sale of liquors near Berzelia, on the Georgia Railroad. Amended and passed. By Mr. StricklandA bill to reduce the sheriff's bond in the county of Clinch. Amended and passed. By Mr. Bowen-
22

338

JouRXAL OF THE HousE.

A bill to repeal the act increasing the jurisdiction of certain J m.tices of the Peace in the county of Douglas.
Passed. By Mr. HillyerA bill to authorize the transfer of certain cases from the Superior Court of Fulton county to the City Court of Atlanta, and vice versa. Pdssed. By Mr. BranchA bill to amend the act creating the board of commissioners of the county of Greene. Passed. By Mr. GreshamA bill to reduce the compensation of the County Treasurer of the county of Greene. Passed. By Mr. GrantA bill to repeal the act estnblishing the board of commissioners of the county of Habersham. Passed as amended. By Mr. CandlerA bill to repeal all laws incorporating th;:> city of Gainesville, and for other purposes. Amended and passed. Also, a bill to establish a City Court for Gainesville. Laid on the table. By Mr. StanfordA bill to amend section 2,040 of the Code. Amended and passed. By Mr. MillerA bill to amend section 3, 583 of the Code. Passed. By Mr. KeyA bill to reduce the number of jurors in the county Court of Jasper county, and for other purposes. Amended and passed.

SATURDAY, FEBRUARY 3, 1877.

339

By Mr. AtwoodA bill to provide for the manner of appointing commissioners in the county of 1\Iclntosh. Amended and passed. Also, a bill to grant certain additional jurisdiction to the Mayor of the city of Darien. Passed. By Mr. TaylorA bill to incorporate the town of Rocky Mount, in the county of Meriwether. Passed. By Mr. Sheffield of MillerA bill to change the time of holding the Superior Courts in the county of Miller. Passed. By. Mr. WooldridgeA bill to require the voters of Chattahoochee county to vote in their militia districts. Recommitted to the Judiciary Committee. By Mr. MurrayA bill to enable the County Treasurer to pay out certain moneys. Amended and passed. By Mr. Doszier of QuitmanA bill to amend section 898 of the Code. Recommitted. By Mr. MatthewsA bill amending the act establishing a board of commissioners for the county of Talbot. Amended and passed.

Under a suspension of the rules, ~ir, Northen of Hancock, introduced a memorial which was referred to the Committee on Education, and a similar petition and memorial, introduced by Mr. \Valsh, was also referred to the Judiciary Committee.

310

JOURNAL OF THE HOUSE.

The regular order being tbe re~ding of House bills the second time was taken up, and the following bills were taken up and read.
By Mr. WalshA bill to fix the compensation of Tax Receivers in the county of Richmond. By Mr. AtwoodA bill to require the registration of voters in the county of Mcintosh. By Mr. WilkesA bill to repeal an act providing for the correct assessment of taxable property. Lost. By Mr. FryA bill to fix the compensation of the clerk o{ the Supreme Court. Lost. By Mr. HarrellA bill to authorize the county commissioners of Decatur county to issue bonds. Referred to the Committee on Finance. By l'dr. DeLoachA bill to consolidate the offices of Tax Receiver and Collector in the county of Bulloch. Withdrawn. By Mr. TurnerA bill to incorporate the Brooks County Manufacturing Company.
By Mr.,Case-
to A bill repeal an act to encourage the manufacture of
cotton and woolen fabrics in the State of Georgia.
By Mr. RobersonA bill to appropriate the sum of $1,500 of the State tax of Appling county to rebuild a court house. By Mr. Cloud-

MONDAY, FEBRUARY 5, 1877.

341

A bill to change the line between the counties of Clayton and Henry.
Withdrawn. By Mr. KennonA bill to allow the county of Clay to retain two hundred ddlars of the State tax. By Mr. MobleyA bill to allow Lawson F. Collier to sell drugs without license. Recommitted to Judiciary Committee. By Mr. SikesA bill for the relief of Felder and Green Jackson. Recommitted to Judiciary Committee.

Leave of absence was granted Mr. McGar.

The House adjourned to 10 o'clock to-morrow morning.

ATLANTA, GEORGIA,
Monday, February 5, 1877. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. Mr. Rich.ardson.
The roll was called and a quorum found present.
Mr. Roper, from the Committee on Journals, reported the Journal of Saturday read and correct and approv<:>d.
The Journal was then read.
Mr. Hood offered the following resolution, to-wit: A resolution-

342

JouRNAL OF THE HousE.

That until the further order of this House, the hours of meeting be 9 o'clock A.M., and adjournment 2 o'clock P.M.
Agreed to.

Mr. \Vilkes of Lincoln moved to reconsider the action of the House on a bill lost on Saturday, to repeal an act to provide for the correct assessment of taxes in this State, which motion did not prevail.

Mr. Blood worth offered the following re~olution, to-wit:
A resolutionThat from and after this date, the call of counties be dispensed with. and no new matter shall be received after this date, except by a two-thirds vote of the members present. Amended t~ take effect on Wednesday next. l\'Ir. \Valsh moved to amend, by making the same take effect after to d:ty, which motion did not prevail, and the resolution was agreed to.

l\Ir. Adams offered a resolution, that Messrs. C. W. An-
derson, J. F. Wheaton and \V. S. Bassinger be invited to
seats on the floor, which was agreed tc.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

Mr. Spmker: The Senate has passed the following bills, to-wit : A bill to allow a nolle prosequi to be entered in crimi-
nal cases with the consent of the court. Also, a bill to incorporate the Mount Airy Savings
Bank.

The Senate has passed the foHowing bills of the House of Representatives, to-wit:
A bill to abolish the County Court of Clayton county;

MONDAY, FEBRUARY 5, 1877.

343

Also, a bill to amend an act to incorporate the Bank of Rome.

The regular order being the call of counties, for the introduction of new matter, the same was taken up and the following bills were introduced, read the first time and referred as follows, to wit :
The following bills were introduced, read the first time, and referred to the Commit:ee on the Judiciary, towit:
By Mr. RouseA bill to confer certain privileges on J. J. Forehand.
By Mr. RouseAlso, a bill to authorize Moses Tison to practice medicine. By Mr. PilcherA bill to amend the law in reference to the liability of railroad companies in certain cases.
By Mr. Cox of Troup. l\ bill to make it lawful for the County Treasurers of this State to pay insolvent costs to Solicitors General, out of any moneys not otherwise appropriated. By Mr. FortA bill to require emigrant agents to pay for a license in each county in which they may operate. By Mr. Davis of StewartA bill to authorize the erection of gates across second and third class roads in the county of Stewart, and for other purposes. By :\Ir. Stewart of SpaldingA resolutionFor the relief of the Savannah, Griffin and North Alabama R eiilroad. By Mr. WadeA bill to to allow the firing of woods on turpentine farms in Bullock and Screven counties.

344

JouRNAL OF THE HousE.

Also, a bill to make it felony for any one to take and carry away corn, &c. in the night time.
By Mr. AndersonA bill to prohibit the sale of liquors near Snap1'ing Shoals in the county of Newton. By Mr. CollinsA bill to authorize the levy of a certain tax in the county of Mitchell. By Mr. CochranA bill to fix the license for retailing spirituous liquors in the town of Blackshear. By Mr. CarterA bill to authorize Wm. F. Shuman and James Spain to peddle without license. By Mr. FortnerA bill to abolish the Board of Commissioners m the county of Johnson. By Mr. CandlerA bill to amend sections 1,429 and 1,431 of the Code. By Mr. GrantA bill to abolish the State Board of Health. By Mr. MosesA bill for the mutual protection of dealers and purchasers of fertilizers. By :rvir. PaineA bill in relation to the election of Justices of the Peace in the city of Savannah. By Mr. OwenbyA bill to provide for the collection of costs in certain cases. By Mr. Walton of BurkeA bill to provide for the payment of certain inscdvent costs in the Augusta Judicial Circuit. By Mr; VickA bill to consolidate the offices of Tax Receiver and Coll~ctor in the county of Colquitt.

MoNDAY, FEBRUARY 5, 1877.

345

By Mr. WhittleA bill to authorize the county commissioners of Bibb county to pay election expenses. By Mr. Cox of BryanA bill to prevent any person from hunting or fishing on the lands of another in the county of Bryan. By Mr. RobsonA bill to amend the acts incorporating the town of Sandersville. By Mr. DewesA bill to provide for a vote of the people of Baker county on the removal of the court-house. Also, a bill to abolish the board of commissioners in the county of Baker.

The following bills were introduced, read the first time, and referred to the Committee on Finance, to-wit:
By Mr. HumberA bill to amend section 457 of the Code.
By Mr. Hollis of MarionA bill to authorize William Askew to sell liquor without license. By Mr. GloverA bill to authorize Absalom Fennell to peddle without license. By Mr. GrantA bill to fix the per diem of officers and members of the General Assembly. By Mr. JamesA bill to authorize the Georgia Railroad to buy or lease th~ Macon and Augusta Railroad. Also, a bill to limit the pay of the Treasurer of Fulton county. Also, a bill to authorize the Georgia Railroad to issue bonds.

346

JouRNAL OF THE HousE.

Also, a bill to authorize the Georgia Railroad to purchase the Port Royal Railroad.

The following bills were introduced, read and referred to the Committee on New Counties and County Lines, towit:
By Mr. FortA bill to change the line between the counties of J.ee and Sumter. By Mr. SimmsA bill to change the line between the counties of Newton and Jasper. By Mr. MobleyA bill to change the lines between the counties of Houston and Dooly. By Mr. PeekA bill to chaflge the line between the counties of Newton and Rockdale.

The following bills were introduced, read the first time and referred to the Committee on Corporations, to-wit :
By Mr. SimmsA bill to incorporate the Grand Lodge of the Knights of Honor. By Mr. ThomasA bill to prohibit the sale of liquors in the town of Senoia. By Mr. HardenA bill to incorporate the Direct Trade Union.

The following bills were introduced, read the first time, and referred to the Committee on Education, to-wit:
By Mr. KendrickA bill to provide for the payment of the claim of Katy Pickett. By Mr. Davison-

MoNDAY, FEBRUARY 5, 1877.

347

A bill to abolish the office of county school commissioner in the county of Sumter.

,.he following bill was read the first time, and referred to the Committee on Military Affairs, to-wit:
By Mr. CoxA bill to exempt the members of the Hardwick Mounted Riflemen from road duty.

The following bill was introduced, read the first time, and referred to the Geological Bureau, to-wit:
By Mr. GrantA bill to abolish the office of State Geologist.

The following bill was read the first time, and referred to the Committee on Agriculture, to-wit:
By Mr. GrantA bill to abolish the Department of Agriculture.

The following bills were read the first time and referred to the Committee on the Penitentiary, to-wit:
By Mr. Miller of HoustonA bill to amend the act to farm out the convicts of the State of Georgia.

The following bills were introduced, read the first time, and referred to the Committee on Public Printing, to-wit:
By Mr. HoodA bill to abolish the office of Public Printer.

Hon. R. H. May and Col. Wilberforce Daniel were invited to seats on the floor.

Mr. Russell, chairman of the Committee on Privileges and Elections, submits the following report:
Mt. Speaket: The Committee on Privileges and Elections have had

348

JouRNAL OF THE HousE.

under consideration the following bill, which they direct me to report back to the House with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act to authorize Ordinaries and county commissioners to dispose of contested elections for representative and county officers.
PHILIP M. RussELL, Chairman.

Mr. Paine, chairman of the Committee on Enrollment, submitted the following report:
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 acts, to-wit :
An act to amend an act incorporating the Bank of Rome. Also, an act to abolish the County Court of Clayton county, and to make disposition of the business of said corrt.
Mr. Mallette introduced a resolution upon the subject of a canal between the Atlantic Ocean and the Gulf of Mexico, which was read and referred to the Committee on the State of the Republic.
Mr. Moses, chairman pro. tem. of the Committee on Finance, submits the following report, to-wit:
Mr. Speaker: The Committee on Finance have had under considera-
tion the following bill, which they recommend do pass, towit:
A bill to be entitled an act to authorize the county commissioners of Decatur county to issue bonds, etc.
Also, the following bill, which they recommend do not pass:
A bill to be entitled an act to provide for the more equitable, just and economical compensation of Receivers

MONDAY, FEBRUARY 5, 1877.

349

and Collectors, for collecting and receiving the State and

county tax.

R. J. MosEs, Chairman protem.

Mr. Frederick, chairman pro tem. of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
The Committee on Agriculture have had under consideration the following bills, which they recommend do pass:
A bill to amend section 4,379 of the Code of 1873. Also, a bill to prohibit camp hunting and hunting with fire at night in the county of Clinch. Also, a bill to repeal the act creating the State Board of Health and to prevent the spread of diseases in the State of Georgia. Also, a bill to prevent any person or persons from seining for fish in the waters of Suwanoochee and Tom's creek, in the counties of Clinch and Echols.
FREDERICK, Chairman pro tem.

The regular order being the reading of House biils the third time, the following bills were taken up, read the third time, and disposed of as follows, to-wit:
By Mr. StricklandA bill to prevent seining in the Suwanoochee and Tom's Creek in the county of Clinch. Passed. By Mr, TurnerA bill to incorporate the Brooks County Manufacturing Association. Passed. By Mr. WalshA bill to fix the compensation of Receiver of Tax Returns in the county of Richmond. Amended and passed. By Mr. Kennon-

350

JouRNAL oF THE HousE

A bill to allow the county of Clay to retain $2,000 of the State tax for certain purposes.
Laid on the table.
By Mr. AtwoodA bill to require the registration of voters in the county of Mcintosh. Amended and passed.
By Mr. BennettA bill to repeal the act preventing the sale of liquors near Harmony Grove Academy, in the county of Jackson. Passed by substitute.
By Mr. BennettA bill to repeal the act prohibiting the sale of liquors at certain points in Jackson county. Passed by substitute.

The regular order being the reading of House bills the second time was taken up, and the following bills so read, to-wit;
By Mr.--A bill to change the line between Berrien and Irwin counties. By Mr. Stewart of MiltonA bill to fix the compensation of Tax Receiver and Collector in the county of Milton. By Mr. HoganA bill for the relief of H. Y. Gibson. Laid on the table. By Mr. BloodworthA bill to fix the fees of Justices of the Peace and Constables. By Mr. Jordan of PulaskiA bill for the relief of Julius A. Bagby. Laid on the table. By Mr. Black-

Mo~DAY, FEBRUARY 5, 1877.

351

A bill to amend the act to incorporate the Trustees of the Masonic Hall in the city of Augusta.
By Mr. Matthews of TalbotA bill to provide for claims in distrain cases.
By Mr. MooreA bill to change the lines between the counties of Taliaferro and Greene.
By Mr. MarshallA bill to amend article 5, section 9, of the constitution. Adverse report sustained and the bill lost. By Mr. Stewart of TaylorA bill to repeal the act providing for the publication of agricultural statistics. Adverse report agreed to and the bill lost. By Mr. BurchA bill to amend section 296 of the Code. By Mr. AwtreyA bill to abolish the County Court in the county of Troup. By Mr. HarralsonA bill to allow Henry King and John Anderson topeddle without license. Adverse report and the bill lost. By Mr. HarralsonAlso, a bill to amend an act to incorporate the Habersham and Union Turnpike Company. Adverse report of committee agreed to and the bill lost. By Mr. McDonaldA bill to exempt from taxation $200 worth of furniture. Adverse !"eport and the bill lost. By Mr. McDonald-Also, a bill to exempt from taxation, all disabled soldiers and the widows and orphans of the same. "Adverse report and the bill lest.

352

JOURNAL OF THE HoUSE.

By l\Ir. PeacockA bill to fix the pay of jurors in the county of Wash ington Lost. By Mr. KnoxA bill to amend section 1270 of the Cod~. By Mr. KendrickA bill to abolish the County Court in the county of Webster. By Mr. ColleyA bill to change the oath of grand jurors, and for other purposes. By Mr. HughesA bill to reduce the sheriff's bond in the county of Wilkinson. By Mr. PriceA bill to establish a normal department for the North Georgia Agriculture College. By Mr. PilcherA bill to prevent fraud in the ballot. Lost. Also, a bill to amend section 4570 of the Code. Lost. By Mr. DavidsonA bill to amend section 3, 976 of the Code. By Mr. Stewart of SpaldingA bill to repeal an act to establish a board of education for the city of Griffin. Also, a bill to repeal certain sections of the act fixing the pay of the Clerk of the Supreme Court, and for other purposes. ByMr. WallA bill to repeal an act to prevent the obstruction of certain waters in the county of Schley. Laid on the table. By Mr. Wade-

MoNDAY, FEBRUARY 5, 1877.

353

A bill to amend section 2, 443 of the Code. By :\fr. HoodA bill to amend the County Court laws of Randolph county. By t\lr. Stewart of SpaldingA bill to amend section 459 of the Code. By :\'Ir. Matthews of PikeA bill to allow land owners to forbid hunting on their premises. Lost. By Mr. HoodA bill to require the sheriffs to keep a. record of persons committed to jail. By Mr. SimmsA bill to amend section 1, 991 of the Code. Lost. By Mr. OttisA bill to amend section 4, 386. Lost. By Mr. MosesA bill to amend an act incorporating the Georgia Home Insurance Company. By Mr. CollinsA bill to abolish the County Court of Mitchell. By Mr. Sheffield of Miller-A bill to repeal the act regulating the sale of liquors in the county of Miller. By Mr. CarterA bill to change the lines between Lowndes and Echols in this State.
a By Mr. Fortner-
A bill to amend the act providing board of commisers of Johnson.
By Mr. HollisA bill for the relief of Mary A. Collins. By Mr. Key-
28

35-!

JouRNAL OF THE HousE.

A bill to regulate labor in this State, and for other pur-
poses. Withdrawn. By Mr. KeyA bill to amend the Homestead Laws ofthis State. Withdrawn. Mr. Fort asked a suspension of the rules to allow a cer-
tain bill read the second time, which was not granted. By Mr. Miller of HoustonA bill to provide for an issue docket in the Superior
Courts. By Mr. CandlerA bill to repeal section 197 and 198 of the Code. By Mr. GrantA bill to alter and amend section 4,763. By Mr. GreshamA bill to amend the County Court Law of Greene county By Mr. BranchA bill to amend section 4, 401 of the Code.

The following communication was received from Mr. W. L. Goldsmith, Comptroller General.
Hon. A. 0. Bacon, Speaker of House of Representati-z,es: SIR :-In obedience to the resolution of the House, re-
quiring the Comptroller General to report to the House on or before next Monday at twelve M., a full, specific and itemized statement of all the fees and commissions received by him during the past fiscal year, from any source, and especially under the insurance laws of the State,
I beg leave to respectfully submit the following: As the fees of the office and personal that is, not belonging to the State, no account was kept of the same, therefore, I cannot give an itemized statement; but I have, from the best information, that the press of business would permit, approximated closely the correct amount.

MoNDAY, FEBRUARY 5, 1877.

355

The fees from supervision of insurance were about two

thousand three hundred and forty-five dollars.

No fees were received from any other source, except

twelve dollars and fifty cents, under paragraph 4, section

943 of the Code, and which was paid into the treasury on

December 27th, last.

I beg of the House permission to say that, I would

greatly prefer, and wo.lld take it is a favor, if the General

Assembly would pass a bill requiring these fees paid into

the treasury; provided a reasonable and just compensation

be allowed for the onerous and responsible duties imposed

by law on this office since the salary of Comptroller Gen-

eral was fixed. (Signed.)

W. L. GoLDSMITH,

Comptroller General.

Leave of absence was granted Messrs. Strickland, Stewart, Stokely and Robson.

On motion, the House adjourned to 3~ o'clock P.M.

AFTERNOON SESSION.
3~ o'CLOCK P.M.
The House re-assembled.
The roll was called, and a quorum found to be present.
The special order being the reading of House bills the second time was taken up, and the following bills read the second time, to-wit:
By Mr. ReeceA bill to repeal the liquor laws in the county of Floyd, so far as the same apply to Rome.

356

JouRNAL oF THE HouSE.

By l\ir. PickettA bill to establish a system of public schools in the county of Rabun. By Mr. PearsonsA bill to define the lines between the counties of \Vare and Coffee and Coffee and Clinch. By Mr. BurchA bill to define the jurisdiction of the County Court of Elbert county. By Mr. Pickett of GilmerA bill for the relief of James R. Johnson and others. By Mr. DudleyA bill to prohibit the sale of spirituous liquors near Sugar Valley Baptist Church. By Mr. BornA bill to prohibit the sale of liquors near Midway Church. By Mr. Strickland-A bill to provide for the payment of insolvent costs in the county of Clinch. By Mr. Kimsey-A bill- to compensate the Tax Collectors of the counties ol Union and Towns. By Mr. WollihinA bill to amend the County Court law, so far as it applies to the county of Dougherty. By. Mr. NorthA bill to change the line between the counties of Troup and Coweta. By Mr. CarltonA bill to contract the corporate limits of the city of Atlrens. Also, a bill to extend the jurisdiction of the County Court of the county of Clarke. By Mr. Adams of ChathamA bill to exempt the Georgia Huzzars from jury duty. By Mr. Corker-

MnNDAY, FEBRUARY 5, 1877.

357

A bill to change the time of holding the Superior Court in the county of Burke.
By Mr. WhittleA bill to amend section 298 of the Code. By Mr. Jordan of PulaskiA bill to provide for the service of court papers in certain cases. By Mr. TurnbullA bill to repeal an act providing for a board of commissioners for Banks county.
By Mr. Stewart ofSpalding-
A bill to prevent the sale of liquor near certain points in Pike and Spalding counties.
By Mr. RichardsonA bill to repeal the local option law in Dalton. By Mr. RobersonA bill to repeal the act regulating the sale of liquors in the county of Appling. By Mr. CorkerA bill to incorporate Midville, in Burke county. By Mr. Cox of BryanA bill to amend the game laws of the county of Bryan. By Mr. CochranA bill to amend the act granting additional jurisdiction to certain Justices of the Peace in the county of Pierce. By Mr. HoodA bill to amend the act regulating the sale of liquors in the county of Randolph.
By Mr. PaulA bill to create a board of commissioners for the county of Calhoun.
By Mr. Smith of ButtsA !Jill to repeal an act prescribing the mode of granting liquor license in the county of Butts. By Mr. Owenby-

358

JouRNAL OF THE HousE.

A bill to prevent the furnishing of spirituous liquors on election days.
By Mr. PickettA bill to repeal se'ctions 1,456 and 1,457 of the Code. By Mr. WhittleA bill to change the line between the counties of Bibb and Monroe. By Mr. Davis of BibbA bill to change the lines between the co'.lnties of Bibb and Twiggs. Also, a bill to define the manner of purchasing and slaughtering cattle in the county of Bibb. By Mr. PaineA bill to authorize the establishment of certain voting places in the county of Chatham. By Mr. FryA bill to authorize affidavits in certain cases to be taken in other States. By Mr. NorthA bill to prohibit the sale of spirituous liquors in the town of Sharpsburg. By Mr. Brown of UpsonA bill to incorporate the town of The Rock. By Mr. HammondA bill to amend the act to provide for the probate of wills in this State so as to include those proven in foreign countries. By Mr. HillyerA bill to provide the manner of tax sales by municipal corporations. By Mr. BrewerA bill to change the time of holding the Fall Term of Effingham Superior Court. By Mr. HammondA bill to amend the charter of the town of Boston, Thomas county.

MONDAY, FEBRUARY 5, 1877.

359

By Mr. W olihinA bill to repeal an act amending section 1, 700 Code of 1873.
By Mr. StewartA bill to amend the charter of Griffin. Also, a bill to allow the Ordinary to have his office at any place in the city of Griffin.
By Mr. WalshA bill to amend the act incorporating the town of Summerville.
By Mr. CollinsA bill to repeal the act organizing the board of commissioners in the county of Mitchell. Also, a bill to make the Tax Collectors of the counties Mitchell and Colquitt ex-officio sheriff. By Mr. CarterA bill to amend the charter of Valdosta. By Mr. HarrellA bill to amend the act allowing Mayor and aldermen of Bainbridge to assess value of real estate. By Mr. CauseyA bill to repeal an act to pay insolvent costs in Crawford county. By Mr. CloudA bill to change the line between Henry and Clayton counties. By l\Ir. CarltonA bill to dispose of cases in the County Court of Clarke county, in which the Judge is disqualified. Also, a bill to prevent the sale of intoxicating liquors to minors. By .\Ir. WillkesA bill to change the age of admission into the Georgia Deaf and Dumb Asylum. By Mr. Polhill-

360

JOURNAL OF THE HOUSE.

A bill to authorize the vote of the people upon the question of a school tax in the county of Jefferson.
By Mr Miller of HoustonA bill to amend the Homestead Laws of this State. By Mr. Davis of HoustonA bill to amend the charter of Perry. By Mr. StanfordA bill to amend the several acts incorporating the town of Hamilton. By Mr. NorthenA bill to prohibit the sale of liquors near Mount Zion, in Hancock county. By Mr. Hutchins-A bill to incorporate the Lawrenceville Branch Railroad. By Mr. Hillyer-A bill to amend the charter of the Scofield Rolling Mills Company. By Mr. McGarr-A bill to amend the act providing for a board of commissioners in the county of Emanuel. By Mr. FryA bill to incorporate the Atlanta Testing and Mining Company. By Mr. CloudA bill to prohibit the sale of liquors near an academy in Clayton county. By Mr. PolhillA bill to provide for the appointment of sub-school trustees. By Mr. SmithA bill to amend section 4,319 of the Code. By Mr. Stewart of TaylorA bill to abolish the State Board of Health. By Mr. CarltonA bill to amend the charter of Athens. By Mr. Fry-

MoNDAY, FEBRUARY 5, 1877.

361

A bill to reduce the fees of county officers. By Mr. CaseA bill to incorporate the Dade Manufacturing Company. By Mr. ScruggsA bill to fix the pay of the county commissioners of
Glasscock. By Mr. RussellA bill to amend section 4, 784 of the Code. By Mr. CorkerA bill to amend the County Court laws of the county of
Burke. By Mr. JamesA bill to require the Ordinary to take control of the
alms-house in the county of Fulton. By Mr. PriceA bill to incorporate the Cornwall Copper Mining Com-
pany. . By Mr. Whittle-
A bill to amend the act incorporating the People's Bank of Macon.
By Mr. Bacon of BibbA bill to authorize the reduction of the capital of the Exchange Bank of Macon. By Mr. BaconA bill to amend section 3, 654 of the Code. By Mr. TumlinA bill to create a County Court for Bartow county. By Mr. HoodA bill to change the line between the counties of Randolph and Stewart. By Mr. ColleyA bill to change the penalty of bestiality. By Mr. TumlinA bill to repeal the act prohibiting the sale of spirituous liquors in the county of Bartow. . By Mr. Davis of Stewart-

362

JouRNAL OF THE HousE.

A bill to amend section 4, 814 of the Code. By Mr. Smith of ButtsA bill for the relief of teachers of public schools in the year 1871. By Mr. RichardsonA bill to pay teachers of public schools in Whitfield county. By Mr. RawlinsA bill to pay teachers of public schools in the county of Dodge in the year 1872. By Mr. PickettA bill to pay teachers of public schools in the county of Gilmer.

On motion, the House adjourned to 9 o'clock to-morrow morning

ATLANTA, GEORGIA, TuESDAY,February 6, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found present.
Mr. Almon, from the Committee on Journals, reported the Journal of yesterday, read, correct, and approved.
The Journal was then read.
The following message was received from the Senate, through 1\ir. Harris, the Secretary thereof:

TUESDAY, FEBRUARY 6, 1877.

363

Mr. Speaker:
The Senate has passed the following bill of the House of Representatives by a constitutional majority of 37 yeas and 0 nays, to-wit:
A bill to incorporate the Kennesaw Mills Company, in the city of Marietta.
The Senate has passed the following bills of the House of Representatives, to-wit:
A bill to provide for the compensation of jurors and bailiffs in the county of Webster.
Also, a bill to amend the charter of the city of West Point.
The Senate has passed the following bill, to-wit : A bill to prohibit giving or furnishing to any person intoxicating liquors on the days of election in this State.

Mr. Stewart of Spalding, chairman of the Committee on the Judiciary, submitted the following report :

Mr. Speaker:

The Committee on the Judiciary have had under con-

sideration the following bills, and recommend that the same

do pass, to wit :

A bill to be entitled an act to alter and amend section

4, 608 of the Code of Georgia of 1873.

Also, a bill to be entitled an act to change the time of

holding the Superior Courts of the county of Dodge, in

the Oconee Circuit.

-

a Also, bill to be entitled an act to amend an act to pre-

vent the killing ofgame in the counties of Muscogee, Lin-

coln and Baldwin, approved March 3, 1875.

Also, a bill to be entitled an act to change the times of

holding the Superior Courts in the counties of Meriwether,

Campbell and Fayette, and for other purposes.

Also, a bill to be entitled an act to provide for the issu-

364

JOURNAL OF THE HOUSE,

ing and recording of orders on the Treasurer of Spalding county, and for other purposes.

Your committtee hwe also had under csnsideration the following bills, to which they offer a substitute, and ask that the same be adopted in lieu of the original :
A bill to be entitled an act to repeal the act to create a County Court in each county in this State, except certain .counties therein named, approved January 8, 1872, so far as the same applies to the county of Dodge, and to abolish the County Court of Dodge county.
Also, a bill to be entitled an act to supercede an act to organize a County Court in the county of Effingham, approved February 27, 1875.

Your committee have also had under consideration the following bills, to which they offer an amendment, and ask that the same as amended do pass, to wit :
A bill to be entitled an act to repeal 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 Chatham, approved March 4, 1870. So far as the said act relates to the county of Crawford.
Also, a bill to be entitled an act to alter and amend certain portions of the Code of 1873, embraced in chapter 4, title 5. Part 1 relating to the County Court and its officers, so far as it relates to the county of Houston, to prescribe the duties and powers of said J udgc in certain cases ; to provide for the prosecution of criminal cases in said court where a jury is demanded under existing laws, and for other purposes.

Your committee have also had under consideration the following bills, which they recommend do not pass, to-wit;
A bill to be entitled an act for the relief of the assignees of J. J. Boswell, deceased.
Also, a bill to be entitled an act to repeal an act entitled

TUESDAY, FEBRUARY 6, 1877.

365

an act to create a County Court in each county in this State, except certain counties therein nam':!d, approved January 19, 1872, so far as the same relates to the county of Lowndes in this State.
Also, a bill to be entitled an act to amend section 2, 026 of the Code of 1873, referring to the disposition and exemption of the rents and profits of homestead property.
Also, a bill to be entitled an act to amend section 4,441 of the Code.
Also, a bill to be entitled an act to enable Robert Lane, of the county of Oconee, to peddle without license.
Also, a bill to be entitled an act to regulate the drawing and summoning of grand and petit jurors, and to repeal sections 3,907, 3, 908, 3, 909, 3, 911, 3, 912, 3, 913, 3, 931 of the Code.
Also, a bill to be entitled an act to authorize William C. Harw::tll, of the county of Upson, to peddle without license.
Also, a bill to be entitled an act to repeal an act entitled an act to prohibit the sale of spirituous, malt or other intoxicating liquors within the incorporation of the town of \Varrenton, and within a radius of two miles of said incorporation, and to provide a punishment for the same, approved February 28, 1876.
Also, a bill to be entitled an act to allow Lawson F. Collier, of the county of Dooly, to sell drugs without a license.
Also, a bill to be entitled an act to make uniform the weighing of cotton by the warehouses, factors and commission merchants, and for other purposes.
Also, a bill to be entitled an act to authorize and em power the Tax Collector of the county of Taylor to levy -end collect fi. fas. for State and county tax for said county.
Also, a bill to be entitled an act to regulate the pay o grand and petit jurors for the county of Telfair.
Also, a bill to be entitled an act to make it a penal of. fence for any person to change his or her name in this

366

JouRNAL OF THE HousE.

State, except by due process of law, or to answer to be recognized and pass under more than one name, except the same be a common nick name.
Also, a bill to be entitled an act to require the Superior Courts of this State to give in special charge to grand jurors, section 3, ~17 of the Code of 1873.
Your committee have also had under consideration " A bill to be entitled an act 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 this State," which your committee recommend be referred to the Committee on Finance.
JoHN D. Sn:\vART, Chairman. The following message was received from His Excellency, the Governor, through Mr. Avery, his Secretary, towit: Mr. Speaker: I am directed by His Excellency, the Governor, to deliver to the House of Representatives a communication in writing, with accompanying documents. Mr. Blue of Glynn offered the following resolution, towit: A resolutionThat the use of this Hall be tendered to Rev. Frank Joseph, colored, to-night, to explain the condition of his people, and more especially the colored convicts of the State of Georgia. Agreed to.

Leave of absence was granted Mr. Owenby.

Messrs. L. B. Anderson, Miller and Robson were added to the Committee on Judiciary.
Messrs. Waddell and Gen. G. J. Wright were invited to
seats on the floor.

TuESDAY, FEBRUARY 6, 1877.

367

The special order being the consideration of the bill to loan the credit of the State to the Marietta and North Georgia Railroad Company, was taken up and read, to gether with the amendments proposed by the Committee on Finance.
The first amendment was to the first section, and provides for six, instead of seven per cent. interest.
Agreed to. The second amendment was also to the first section, and was also adopted. The other and further amendments by the committee were agreed to. Mr. Whittle moved to amend by giving the State a lien upon all after acquired property of the company. Adopted.
Mr. Hood moved to amend the first section so as to require the road to be free from incumbrance before any endorsement is made.
Lost.
Mr. Moses offered a further amendment to the 1st section:
That no endorsement after the first twenty miles be made, until the iron is laid on said road for the full twenty miles, nor shall any subsequent endorsement be made until the iron purchased with the previous endorsement shall be laid on the road.
Adopted. Mr. Hood moved to amend, that no part of the money arisi!1g from the sale of said bonds be applied for any other purpose than to buy iron and rolling stock. Mr. Philips offered as a substitute, that no part of the proceeds arising from the sale of said endorsed bonds, shall be applied to the payment of any debt whatever incurred for the construction of said road. Mr. Philips withdrew his su:;stitute.

368

JouRNAL oF THE HousE.

Mr. Fry offered the following substitute for the amend-

ment of Mr. Hood :

Provided the proceeds of no part of the bonds to be in-

dorsed by the State shall be used for any other purpose,

than to purchase iron spikes, fastening, machinery, rolling

stock, and the laying down the iron upon the roadbed, and

in no case shall any part of the money so realized be used

to pay salaries of any officer.

Mr. Hood withdrew his amendment.

Mr. Fry's amendment was then adopted,

Mr. Whittle offered to amend by striking out the words

five thous::md dollars per mile, wherever they occur, and in-

sert in lieu thereof the words four thousand dollars per mile

in the first section.

The amendment was not agreed to.

Mr. Black moved to amend as follows :

By striking from the 15t:1 line of the printed bill the

words, that the chief engineer of said road, and insert the

following, the directors hereinafter named.

The amendment was withdrawn.

Mr. Black offered the following amendment to section

1st:

Add after the words private person, in the 14th line,

which shall be certified under oath by the directors herein-

after named.

Agreed to.

Mr. Davis of Houston moved to amend as follows, which

was agreed to, to-wit :

Amend by changing section 4 to 5, and to add an addi-

tional section, to be section 4, to-wit :

That in accepting the indorsement provided for in this

act, said company shall relinquish all rights that may have

accrued, or may hereafter accrue to it, under the act of

October 24, 1870.

Mr. Turner moved to amend by striking out the preamble

of the bill.

'

WEDNESDAY, FEBRUARY 7, 1877.

369

Pending the discussion of this amendment, the House adjourned to half-past three o'clock.

AFTERNOON SESSION.
3.- o'cLOCK P. M. The House re-assembled. The roll-call was dispensed with. The pending question, being the amendment of Mr. Turner to strike the preamble of the bill, was resumed. Mr. Moses offered to amend the preamble by striking out certain parts of the same. Mr. Moses withdrew his amf'ndments. Mr. Walsh moved the following substitute for the title: ' A bill to loan the credit of the State to the Marietta and North Georgia Railroad." Adopted. Mr. Black moved to adjourn, which motion prevailed, and the House adjourned to 9 o'clock to-morrow morning.

ATLANTA, GEORGIA, WEDNESDAY, February 7, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a qu0rum found present.
Mr Almon, from the Committee on Journals, reported the Journal of yesterday read, correct and approved.
24

370

JouRNAL oF THE HousE.

The Journal was then read.

Mr. Paine, Chairman of the Committee on Enrollment, submitted the following report:
llfr. Speaker :
The Committee on Enrollment report as duly enrolled and ready for the signature of the Speaker the following acts, to wit:
An act to authorize the city of West Point, in Troup county, to organize a public school system independent of the public school system of the State of Georgia, and for other purposes.
Also, an act to incorporate the Kenesaw Mills Company, in the city of Mariett:J., in the county of Cobb.
Also, an act to provide for the compensation of jurors and bailiffs in the county of Webster.

N r Kennon, chairman of the Committee on the Penitentiary submitted the following report:
Mr. Speaker: The Committee on the Penitentiary have had under con-
sideration the following bills which they recommend do not pass.
A bill to amend an act entitled an act to regulate the leasing out of the penitentiary convicts, approved February 25, 1&76.
Also, a bill to abolish the office of Principal Keeper of the Penitentiary.
R. E. KENNON, Chairman.

The regular order, being the call of the roll of the counties for the introduction of new matter, was taken up, and the following bills were introduced, read the first time, and refened as follows:
The following bills were read the first time, and referred to the Commi1itee on the Judiciary, to-wit:

WED~ESDAY, FEBRUARY 7, 1877.

371

By Mr. MarshallA bill to provide for certiorari's in possessory warrant cases. By Mr. RagsdaleA bill to regulate the sale of spirituous liquors at certain points in the county of DeKalb. By Mr. Sheffield of EarlyA bill to repeal the act incorporating the town of Blakely. By Mr. BrewerA bill to repeal section 926 of the Code. By Mr. BurchA bill to prohibit the sale of liquors near Eureka and Bethel Churches. By Mr. BrewerA bill to amend section 520 of the Code. By Mr. BranchA bill to amend section 1, 631 of the Code. By Mr. ScruggsA bill to prevent citizens of Warren, W a.;hington and Jefferson from selling spirituous liqwrs in t~e county of Glascock. By Mr. FrederickA bill to amend section 2,040 of the Code. By Mr. PriceA bill to abolish the board of commissioners of roads and revenues of Lumpkin county. By Mr. MosesA bill to amend section 1, 656 of the Code. Also, a bill to provide for the maintenance of the Georgia Orphan's Home. By Mr. Jordan of PulaskiA bill to regulate the time of opening and closing the polls at Cochran in the couf'lty of Pulaski. Also, a bill to alter and amend the code of 1873, so far as the same relates to the county of Pulaski.

372

JouRNAL oF THE HousE.

Also, a bill to prohibit the sale of spirituous liquors in the county of Pulaski, outside of incorporate towns.
By Mr. WalshA bill for the relief of James McAndrew. By Mr. FortA bill to protect sheriffs in making levys on personal property. By Mr. Sheffield of MillerA bill to change the rule of' evidence in certain cases. Also, a bill to change the law of distribution in this State. .dy Mr. Adams of ChathamA bill for the relief of loan and building associations m the payment of certain taxes. Also, a bill to amend section 4, 845 of the Code. By Mr. Cox of TroupA bill for the relief of W. C. Yancey. By Mr. RussellA bill to amend section 4,875 of the Code. By Mr. PilcherA bill to repeal the act regulating the sale of spirituous liquors in the county of \Varren.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following bills, to-wit ; A bill to authorize and require the registration of all voters in the county of Glynn. Also, a bill to amend section 1,099 of the Code of Georgia. Also, a bill to change the lines between the counties of Irwin and Coffee. Also, a bill to amend the charter of the town of Grantville.

WEDNESDAY, FEBRUARY 7, 1877.

373

Also, a bill to amend an act to regulate public instruction in the county of Richmond.
Also, a bill to repeal an act to regulate the sale of spirituous liquors in the counties of Floyd, Dade and other counties in this State, so far as the same may apply to the city of Newnan.
Also, a bill to alter and amend the charter of the Gainesville, Blairsville and Northwestern Railway.
Also, a bill to incorporate the Georgja Chemical and Mining Company.

The following bills were read the first time and referred to the Committee on Corporations, to-wit:
By Mr. BranchA bill to amend the act incorporating the city of Greensboro. By Mr. HutchinsA bill to repeal certain portions of the act incorporating the town of Duluth. By Mr. OttisA bill to amend the charter of the city of Columbus. By Mr. StewartA bill to establish and define the corporate limits of the
city of Griffin, and for other purposes. By Mr. FortA bill to amend the charter of the city of Americus. By Mr. MarshallA bill to amend the act incorporating the city of Dawson. By Mr. Smith of WaltonA bill to amend the several acts incorporating the town
of Munroe. By Mr. HutchinsA bill to incorporate the town of Suwannee.

The following bills were read and referred to the Committee on Agriculture, to-wit:

374

JouRNAL oF THE HousE.

By Mr. GreshamA bill to declare the Apalachee river a lawful fence.
By Mr. HutchinsA bill to prescribe a stock law for certain points on the Chattahoochee river.
By Mr. GrantA bill to prohibit the sale of intoxicating liquors near the town of Clarkesville.
By Mr. Miller of HoustonA bill to encourage the raising of stock in this State.
By Mr. RichardsonA bill to prevent drunkenness in this State. By Mr. Davis of BibbA bill to encourage sheep husbandry in this State. The following bills were read the first time, and referred to the Committee on New Counties and County Lines, towit: By Mr. WilcoxA bill to change the line between the counties of Telfair and Montgomery.

The following bill was read and referred to the Committee on Finance, to-wit;
By Mr. PickettA bill for the relief of W. B. Level.

The following bill was read and referred to the Committee on Internal Improvements, to-wit:
By Mr. KennanA bill to incorporate the Fort Gaines and Pataula Valley Railroad.
The following bills were read the first time, and referred to the Committee on Education, to-wit:
By Mr. Hood-

wEDNEsDAY, FEBRuARY 7, 1877.

375

A bill to repeal an act to provide for the equitable apportionment of the proceeds of land scrip.
By Mr. PaulA bill for the relief of W. J. Hicks. By Mr. Brown of UpsonA bill to appropriate money to the Thompson High School.

The following bill was introduced and referred to the Committee on Lunatic Asylum.
By Mr. WhittleA bill to govern and control the Lunatic Asylum. Mr. Bloodworth of Monroe introduced the following resolution, to-wit: A resolutionThat the Committee on Finance be requested to report back to the House of Representatives, at the earliest day practicable. all bills and resolutions looking to a reduction of the salaries of members of this General Assembly, as, also, all bills proposing a reduction of the salaries of the public officers of this State. Laid on the table.

The unfinished business of yesterday being the consideration of the bill " to loan the credit of the State to the Marietta and North Georgia Railroad," was resumed.
Mr. Jones of Polk offered the following amendment to the bill:
That only the sum of four thousand four hundred dollars of said indorsed bonds, for each mile, shall be drawn or used by said company, the other six hundred dollars per mile being left in the treasury of this State to be sold by order of the Governor, and used in payment of the interest on said bonds, sold by the company, as it becomes due, until said sum is exhausted.
The amendment was adopted.

376

JouRNAL OF THE HousE

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has concurred in a resolution of the House of Representatives asking the suspension of the collection of taxes in the county of Ware.

The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary.

llfr. Speaker:
The Governor has approved the following acts, to-wit: An act to amend an act incorporating the Bank of Rome. An act to abolish the County Court of Clayton county, and to dispose of the business of said court. :Mr. Polhill called the previous question upon the adoption of the report of the committee, which favored the passage of the bill, which call was sustained, and the question odered. The Committee were allowed twenty minutes to close the debate. Mr. Matthews of Talbot called for the yeas and nays on the adoption of the report of the committee, which call was sustained, and the result was as follows :

Those voting in the affirmative are, Messrs.-

Adams of Lee, Allred, Anderson, Atwood, Bacon of Liberty, Bennett, Blue, Born,

Fry, Grant, Green Harden, Harralson, Humber, Hutchins James

Perkins, Phillips of Cobb, Pickett of Rabun, Pickett of Gilmer, Pope, Price, Puckett. Ragsdale,

WEDNESDAY, FEBRUARY 7, 1877.

377

Bowen,

Jones of Polk,

Brown of Fayette, Jordan of Pulaski,

Bunts,

Kennon,

Burch of Thomas, Kimsey,

Burch of Elbert, Knox

Candler,

Lang,

Carlton,

Leach,

Cochran,

Matthe\\'S of Pike,

Corker,

McAfee,

Cox of Troup,

McDonald,

Dozier of Quitman, Moses,

Dudley,

Murray,

Duggar,

Ottis

Dnke,

Peacock,

Dews,

Payne,

Faircloth,

Pearson,

Reid of Putnam, Richardson, Roberson, Robson, Rouse, Stewart of Milton, Tumlin, Turnbull, Walton of Burke, Walsh, Wise, Wilkes, Wilson, Wolihin, Willingham, Wilcox.

Those voting in the negative are Messrs.-

Adams of Chatham, Hammond,

Rawlins,

Almon

Harrell,

Reid of Morgan,

Benson,

Hillyer,

Reese,

Biack,

Hollis,

Roper,

Bloodworth,

Hogan of Monroe, Scruggs,

Branch.

Hogan of Carroll, Shaw,

Brewer,

Hood

Sheffield of Early,

Callaway,

Hughes,

Sheffield of Miller,

Carter,

Johnston,

Sikes,

Case,

Jones of McDuffie, Simms,

Causey,

Kendrick,

Smith of Oglethorpe,

Cloud,

Key,

Smith of Echols,

Colbert,

Kirby,

Smith of Walton,

Colley,

Mallette,

Smith of Tatnall,

Collim,

Marshall,

Smith of Butts,

Cox of Bryan,

Matthews of Talbot Stanford,

Davison,

Maund,

Stewart of Taylor,

Davis of Houston, Mcintyre,

Stokelv,

Davis of Stewart, McRae,

Strickland,

DcL?ach,

Miller

Taylor,

378

JouRNAL OF THE HousE.

Dozier of Harris, Evans, Fortner, Frederick, Freeman, Gray, Gresham Glover of Twiggs, Glover of Jones, Guyton,

J\IoLley, Moore, North, Northen. Paul, Peek, Penn, Phillips of Carroll, PilCher, Pol hill,

Tt1omas, Turner, Vick, Wade, \\Talton of Harralson, Willis. Whittle, Wooldridge, Williams.

Those not voting are Messrs.-

Awtry Brockett, Brown of Upson, Davis of Bibb, Fletcher,

Fort,

Owenby,

Goodrum,

Russell,

Jord1n of Hancock, Stewart of Spalding

McGar,

Wall,

Yeas 72. Nays 89. Not voting 13.

So the report of the committee was not adopted.

Upon the passage of the bill, Mr. Pilcher called for the yeas and nays. The call was sustained, anJ the result was as follows:

Those voting in the affirmative are Messrs.-

Adams of Lee, Allred, Anderson, Atwood, Bacon of Liberty, Bennett, Blue, Born,

Grant, Green, Harden, Harralson, Humber, Hutchins, James, Jones of Polk,

Perkins, Phillips of Cobb, Pickett of Rabun, Pickett of Gilmer, Pope, Price, Puckett, Ragsdale,

WEDNESDAY, FEBRUARY 7, 1877.

379

Bowen,

Jordan of Pulaski,

Brown of Fayette, Kennon,

Bunts,

Kimsey,

Burch of Thomas, Knox,

Burch of Elbert, Lang,

Candler,

Leach,

Culton,

l\'1-ltthews of Pike,

Cochran,

:McAfc:e,

Corker,

McDonald,

Dos1er of Quitman, Moses,

Duggar,

Murray,

Dews,

Otti,,

Faircloth,

Pt:!acock,

Fort,

Payne,

Fry,

Pearson,

Reid of Putnam, Richardson, Roberson, Robson, Rouse, Tumlin, Turnbu'l, Walton of Burke, Walsh, Wise, Wilkes, Wilson, Wolihin, Willingham. Wilcox.

Those voting in the negative are Messrs.-

Adams of Chatham, Guyton,

Polhill,

Almon,

Hammond,

Rawlins,

Benson,

Harrell,

Reid of Morgan,

Black,

Hill}t.r,

Reece,

Bloodworth,

Hollis,

Roper,

Branch,

Hogan of Monroe, Scruggs,

Brewer,

Hogan of Carroll, Shaw,

Callaway,

Hood,

Sheffield of Early,

Carter,

Hughes,

Sheffield of Miller,

Case,

Johnston,

Sikes,

Causey,

Jones (If McDuffie, Simms,

Cloud,

Kendrick,

Smith of Oglethorpe,

Colbert,

Key,

~mith of Echols,

Colley,

Kirby,

Smith of Walton,

Collins,

Mallette,

Smith of Tatnall,

Cox of Bryan,

Marshall,

Smith of Butts,

Davison,

Matthews of Talbot, Stanford,

Davis of Houston, Maund,

Stewart of Taylor,

Davis of Stewart, Mcintyre,

Stokely,

DeLoach,

McRae,

Strickland,

Dozier of Harris, Miller,

Taylor,

380

JouRNAL OF THE HousE.

Evans, Fletcher, Fortner, Frederick, Freeman, Gray, Gresham, Glover of Twiggs, Glover of Jones,

Mobley, Moore, North, Northen, Paul, Peek, Penn, Phillips of Carron, Pilcher,

Thomas, Turner, Vick, Wade, Walton of Haralson Willis, Whittle, W o0ldridge, Williams,

Those not voting are Messrs.-

Awtry, Brockett, Brown of Upson, Cox of Troup, Davis of Bibb,

Dudley,

Russell,

GooJru,n,

Stewart of Milton,

Jordan of Hancock, Stewart of Spalding,

McGar,

Wall,

Owenby,

Yeas 69. Nays 90. Not voting 14.

So the bill was lost.

On motion of Mr. Walsh, the House adjourned to 3 o'clock P.M.

The House reassembled.

3 o'CLOCK P.M.

The roll was called and a quorum found present.

Mr. Tumlin offered a resolution that the use of this hall be tendered to Moses H. Bently, at 7! o'clock this evening,

WEDNESDAY, FEBRUARY 7, 1877.

381

for the purpose of delivering an address upon the political situation.
Agreed to.

Mr. Paul, chairman of the House Committee on the Lunatic Asylum, submitted the following report, to-wit:
Mr. Speaker:
Your joint committee of the Senate and House of Representatives beg leave to submit the following report, to-wit:
Your committee in visiting the State Lunatic Asylum, have endeavored, with untiring energy, to ascertain, as far as possible, the wants of the inmates of the institution, individually and collectively.
In order that the work might be done properly and efficiently, the joint committee arranged itself into various sub-committees, suited to the several departments of the institution, and each made a separate report, thus enabling the joint committee to make a thorough, and we hope, a satisfactory investigation of the institution.
It was, indeed, gratifying for your committee to be able t? report all the inmates of the institution, numbering six hundred and thirteen (613), are receiving at the haz,ds of those in charge all the attention that could possibly be bestowed, considering the facilities of the institution, and the heavy pressure in our finances. We, therefore, congratulate the State upon having so able and efficient a corps of officers. \Ve found the institution in a tolerably fair state of preservation, and the various departments, halls, beds, clothing, etc., both cleanly and well kept.
vVe feel and hope that the near future will so develop our resources, that upon principles of energy, industry and economy, our State may reach a higher state of civilization and wealth, whereby all the demented in mind may receive the care and attention they so justly merit at the hands of the more fortunate.

382

JouRNAL oF THE HousE

It is not the desire of your committe to leave the impression upon the mind of any one that we will be slow to recommend such appropriations as will furnish comfort and support to that most unfortunate class of persons who are considered fit subjects of an insane asylum, for to them, above all others, we should cheerfully open the pursestrings of the State as lavishly as her impecunious condition will allow. We regret exceedingly to be obliged to say, that the repout comes from various sections of the State that many of the unfortunate class alluded to above, are still unprovided for that many are to day incarcerated in prisons, because of the want of suitable accommodations at the State Asylum, located at Milledgeville, Georgia.
So soon as circumstances will allow, ample provision should be made for every insane person within the limits of our State, free of charge to any who should be so unfortunate as to be convicted of lunacy, thereby preventing inviduous distinctions. By this we do not wish to be understood as recommending that harmless imbeciles shall be forced away from their homes, when they can be provided for there.
Your committee think it wise that this General Ass<tmbly pass a law requiring the Comptroller-General to require Tax Receivers of this State to ascertain the number of lunatics, epileptics and idiots, their sexes and color, so that the authorities may understand the number of such persons in Georgia, unprovided for and likely to require treatment at the asylum.
These poor unfortunates cannot speak for themselves, and those connected with them by family relationship feel a delicacy in doing so. Upon whom, then, does this duty devolve? Of course upon the representatives of the whole people. At present, perhaps, it will not be necessary to m3.ke preparation for mor.e than about two hundred and fifry (250.)
Perhaps the people of Georgia are not aware that statis-

WEDNESDAY, FEBRUARY 7, 1877.

383

tics show that there is not less than an average of three (3) insane persons now in each county unprovided for. There being one hundred aHd thirty-seven counties in Georgia, would show over four hundred (400) unprovided for.
This appears to us even, who have taken the time and pains to make investigation, incredible, and, of course, more so to those who have not taken the trouble and pains to inform themselves on this important subject. These are startling, facts but nevertheless we believe them to approximate the truth, as our calculations have been based upon the most reliable statistics that could be obtained. Perhaps we do not have as many insane persons proportionately as some of those States which have large commercial centres, like New York and Philadelphia.
It is well known to you that a recent fire caused a loss to the State, at the Asylum, of not less, perhaps, than $9,000. This injury must be speedily repaired, in a manner as cheap to the State as is compatible with the credit of the institution.
Your Committee feels constrained upon principles of justice to the State, to express an unqualified condemnation of the combined carelessness and neglect of those in authority, if such was the case. It has been stated that the fire could have been extinguished had the hose and other appliances belonging to the fire department been in proper condition and accessible. Every facility for the protection of the State's property against loss, by fire, sh:)Uld have been, and should always be in readiness, and equal to any emergency.
Your Committee are of the opinion that unless a steam engine, or other equally protective means for the protection of the institution be at once employed, that it should certainly be protected by insurance. .
Your committee further believe that the law, as it now stands, is defective in regard to the manner in which patients are received and discharged from the institution.

384

JouRNAL oF THE HousE.

Your committee think that a majority of the medical staff

ought to have full authority to receive and discharge

patients. After due consideration, the Joint Committee unani-
mously recommend the following appropriations, to-wit:

Forhose..................... ......................... $ 1,800 00

For erection of brick walls and additional

rooms ............................................ . 5,000 00

For rebuilding laundry............................. 9,000 00

For piping......................................... . 1,000 00

For steam engine.................................... 2,000 00

For medicines ..................................... .. 1,200 00

For two wooden buildings (100 rooms) ..... . 5,000 00

For water appliances and closets to asststant's rooms ............................................
For instruments, books, etc...................... For general appropriations .....................

200 00 300 00 97,500 00

Add 10 per cent. for additional patients ....... 9,750 00

For paying claim of Eaves & McElfish...... ..

501 38

For interest on same two years ............... .

70 19

$132,521 47
w. O'DADIEL,
Chairman Senate Committee, 0. H. PAUL,
Chairman House Committee.
Mr. Paul, Chairman of the Committee on the Lunatic Asylum, submitted the following report:
Mr. Speaker : The Committee on the Lunatic Asylum have had under
consideration the following bill, which they recommend do not pass, to-wit:
A bill to equalize the counties of this State in the appropriation hereafter made to the Lunatic Asylum..A

WEDNESDAY, FEBRUARY 7, 1877.

385

They have also had under their consideration the following bill, which was referred to the Joint Committee on the Lunatic Asylum, and is returned with the recommendation that it do pass, to-wit:
A bill to govern and control the Lunatic Asylum, and to give the board of tru~tees certain powers and authority.

The committee also submit the accompanying report of the ]oint Committee on the Lunatic Asylum.
0. H. PAUL, Chairman.

Mr. Payne, chairman of the Committee on Enrollment. submitted the following report:
Mr. Speaker :
The Committee on Enrollment report as duly enrolled and signed by the Speaker of the House of Representatives and President of the Senate, and delivered to His Excellency the Governor, the following acts:
An act to provide for the compensation of jurors and bailiffs in the county of Webster.
Also, an act to incorporate the Kennesaw Mills Company, in the city of Marietta, in the county of Cobb.
Also, an act to authorize the city of West Point. in Troup county, to organize a public school system independent of the public school system of the State of Georgia.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
The Committee on Enrollment report as duly enrolled and signed by the Speaker of the House of Representatives and President of the Senate, and delivered to his Excellency the Governor, the following resolution :
A resolution-
25

386

} OURNAL OF THE HOUSE.

Asking the suspension of the taxes in the county of Ware.

Mr. Green, chairman pro tem. of the Committee on Enrollment, submitted the following report;

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 resolution :
A resolutionAsking the suspension of the collection of taxes m the county of Ware.

Mr. Cochran asked a suspension of the rules for the purpose of concurring in a Senate resolution; which motion did not prevail.
Under a suspension of the rules, Mr. Price introduced the following bill, which was read the first time and referred to the Judiciary Committee, to-wit:
A bill to regulate the sale of liquors in certain points in White county.

Leave of absence was granted the Finance Committee.
On motion of Mr. Sims, 200 copies of the report of the Committe~ on Lunatic Asylum were ordered printed.
Mr. Carlton, chairman of the Committee on Finance, submitted the following report : Mr. Speaker :
The Finance Committee have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to reduce the sheriff's bond of Dade county to five thousand dollars.

WEDNESDAY, FEBRUARY 7, 1877.

387

Also, a bill to repeal an act to define the per diem of grand and special juron of Emanuel county.
Also, a bill to reduce the sheriff's bond of Wilcox county.
Also, a bill to pay 10 cents on the dollar for change bills issued by the Western and Atlantic Railroad during the war.
Also, a bill to regulate the bond, and define the duties of the Tax Collector of Richmond county.
Also, a bill to authorize and require the Ordinary of Fulton county to pay off certain jury certificates issued to jurors of the City Court of Atlanta, and for other purposes.
Also, a bill for the relief of John G. Switzer, step-son of Leonard Finisteree ancl son of Madeline Finisteree, dedeceased, and his legal representatives, and to prevent the estate of said Leonard Finisteree from escheating to the State under the escheat laws thereof.

Also, the following bills whic}:l. they recommend do not pass, to-wit:
A bill to forbid executors, and administrators, guardians and trustees from investing funds in their hands, in any corporation, bonds or stocks, other than those of the State of Georgia, and for other purposes.
Also, a bill for the relief of J. W. Kinabrew of the county of Bartow.
Also, a bill to appropriate the sum of three thousand dollars, or so much thereof as may be necessary to remove the obstructions in the Satilla river from the mouth of Budding creek to \Viggin's creek, in Coffee county.
Also, a bill to authorize the county of Milton to retain three thousand dollars per annum of the State tax to be collected in said county for the years 1877 and 1878, for the purpose of building a court house in said county.
Also, a bill to authorize the Tax Collector of Baldwin

388

JouR~AL oF THE HousE.

county to pay to the County Treasurer of said county, the State tax for the year 1877.
Also, a bill for the relief of Brittain 'vVest of Fayette county, and for other purposes.
Also, a bill for the relief of F. C. McCreary of the county of Fulton.
Also, a bill to authorize J. P. Raiford, of the county of Sumter, to peddle without license.
Also, a bill to exempt from taxation property to the amount of one hundred dollar:: to each head of a family in this State, and for other purposes.
"Also, a bill to consolidate the offices of Tax Collector for the county of Jackson.
Also, a bill to provide for a survey and map of the county of Mclnto>h.
Also, a bill to allow William Dixon, of the county of Oglethorpe, to peddle in the counties of Oglethorpe, Madison, Jackson, Clarke, Oconee, Elbert and Greene without license.
Also, a bill to consolidate the offices of sheriff and Tax Receiver of the county of Greene, and to fix the time when the same shall go into effect.
Also, a bill to dispose of the public property in Milledgeville, and use the same for the enlargement and improvement of the lunatic asylum.
Also, a bill to authorize E. P. Champney to practice medicine in the county of Mcintosh.
Also, a bill to appropriate a sum of money to pay a Speaker's warrant now held by Mr. David A. Beatie.

Also, the following bills, which they recommend do pass, as amended, to-wit :
A bill to compensate the grand and petit jurors of the counties of \Vashington, Lincoln, Screven, Gordon and Hall.
Also, a bill to repeal an act entitled an act to fix the

vVEDNESDAY, FEBRUARY 7, 1877.

389

compensation of Tax Collector, Tax Receiver, County Treasurer, and the per diem pay of jurors in the county of Washington, and the per diem pay of jurors in the county of Johnson, approved February 28th, 1876, so far as it effects the officers and jurors in Washington county.
Also, a bill to pn~vent joint stock companies, corporations and other associations from declaring dividends when they have not realized an income on their investment.
And, also, the following bill, which they recommend do pass by substitute, to-wit:
A bill to create a board of health in the city of Augusta, for the protection of life and health and to prevent the spread of disease in said city, and for other purposes.
H. H. CARLTON, Chairman.

Mr. Thomas, chairman of the Committee on New Counties and County Lines, submitted the following report:
11fr. Speaker : The Committee on New Counties and County Lines has
had under consideration the following bills, which they recommend do pass, to-wit:
A bill to be entitled an act to change the lines between the counties of \Vhitfield and Catoosa.
Also, a bill to be entitled an act to change the lines between the counties of Baker and Calhoun.

They have also had under their consideration the following bill, which they report back to the House with the recommendation that the same be withdrawn, to-wit:
A bill to be entitled an act to change the lines between the counties of Newton and Rockdale.
Respectfully submitted. \V. W. THOMAS, Chairman.

Mr. Colley, chairman of the Committee on Military Affairs, submitted the following report :

390

JouRNAL OF THE HousE.

Mr. Spcakn : The Committee on Military Affairs have had under con-
sideration the following bill, which they recommend do pass.
A bill to exempt members of the Hardwick Mounted Riflemen from road duty.
Also, the following bill, which they recommend do pass as amended:
A bill to exempt from jury duty, and city and county road duty and poll tax, members of the volunteer military of Fulton county, Georgia.
A. H. CoLLEY, Chairman.

The regular order being the reading of House bills the third time, for final disposition, the following bills were so read, and disposed of as follows, to-wit:
By Mr. W olihinA bill to amend the act establishing a County Court for the county of Dougherty. Amended and passed. By Mr. Davis of HoustonA bill to abolish the office of Principal Keeper of the Penitentiary, and for other purposes. Lost. By Mr. FryA bill to amend the acts regulating the fees of certain county officers.
Laid on the table. By Mr. StricklandA bill to prohibit fire hunting m the county of Clinch. Passed. By Mr. StewartA bill to abolish the State Board of Health. Laid on the table. By Mr. Harrell-

WED~ESDAY, FEBRUARY 7, 1877.

391

A bill to authorize the County Board of Decatur county to issue bonds.
Amended and passed. By Mr. KimseyA bill to compensate certain officers in the counties of Union and Towns. Laid on the table.

Tb.e Committee on the Reduction of Judicial Circuits made the following report:

ll1r. Speaker:
The special committee appointed under a resolution of the House of Representatives, and charged with the duty of inquiring into, and reporting upon, the practicability of reducing the number of judicial circuits in this State, beg leave to report that they have given to the subject indicated in the resolution, such investigation as the circumstances under which they have acted would permit, and while they have been unable, within the limited time that they were able to devote to the examination, to procure such definite information respecting the condition of the dockets and the amount of business ordinarily transacted in the Superior Courts of the counties composing the several circuits, as would have been desirable, your comtllittee have no hesitation in declaring that, in their opinion, the number of judicial circuits can be reduced without inconvenience to the citizens, or prejudice to the promt-t and proper administration of justice in the several counties of this State.
Your committee find, that under the arrangement of circuits now existing, there is much inequality in the amount of labor performed by the different Superior Court Judges ; and while this is an evil attributable in some measure to the great difference in population of the different counties, and to their geographical situation, yet

392

JouRNAL oF THE HousE.

your committee feel, that such distribution might be made of the several counties among the circuits when so reduced, <1s would tend greatly to diminish, if not to entirely remove the evil suggested.
The multiplication of courts of inferior jurisdiction throughout the State, and the extension of the jurisdiction of such courts, long existing in some counties, together with the increased, and ever increasing, facilities for travel in every section of the State, and the removal of many things formerly the subject matter of litigation in the courts. have not been without their proper weight in leading your committee to the conclusion abr)Ve indicated.
One of the most embarassing questions encountered by your committee, has grown out of the difficulty necessarily attendant upon the work of so distributing the counties among the diminished numbt>r of circuits, as to secure equality of labor on the part of the Judges, and, at the same time, to avoid confusion and conflict in the time of holding the courts.
Your committee have, however, carefully applied themselves to this task, and as the result of their labors, beg to submit, as part of their report, the accompanying bill to fix the number of Judicial Circuits, and prescribe the time for holding the court<; therein.
Respectfully submitted, STOKELY, Chairman.

;.,rr. Stokely asked a suspension of the rules to have read
the first time a bill accompanying the report of the special Committee on Reduction of Judicial Circuits.

Mr. Fort and Mr. Sheffield of Miller asked that their bills be included in the suspension, which motion did not prevaiL

By Mr. Scruggs-

WEDNESDAY, FEBRUARY 7, 1877.

393

A bill to regulate the pay of the board of commissioners in the county of Glascock.
Passed.
By Mr. PolbillA bill to provide for the appointment of sub school trustees. Amended and passed.
By Mr. MillerA bill to require Clerks of the Superior Courts in this State to make up and keep an issue docket. Amended and passed.
By Mr. NorthenA bill to prevent joint stock companies from declaring dividends when none has been earned. Amended and !Jassed.
By l'vlr. FletcherA bill to change the lines between the counties of Berrien and Irwin. Passed. By Mr. KimseyA bill to fix the compensation of county officers in the counties of Union and Towns. Passed. By Mr. Jordan of PulaskiA bill to alter and amend the revenue laws of this State. Amended ;:md passed. Also, a bill for the relief of Julius A. Bagby. Recommitted to the Finance Committee. By Mr. BloodworthA bill to alter and define the fees of J usticcs of the Peace, Notaries Public and Constables. Recommitted to the Judiciary Committee.

Leave of absence was granted to the Penitentiary Committee and Mr. Davidson.

JoURNAL OF THE HousE.
The Governor's message in relation to attorneys' fees, was referred to a special committee of five.
On motion, the House adjourned to 9 o'clock to-morrow morning.
ATLA~TA, GEORGIA,
Thursday, February 8, 1877. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found present.
Mr. Almon, from the Committee on Journals, reported the Journal of yesterday read, correct and approved.
The Journal was then read.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof: .Mr. .Speaker:
The Senate has passed the following bills : A bill to amen,} an act to organize a board of commissioners for the county of Twiggs, Also, a bill to repeal an act to authorize the Justices of the Peace of Emanuel county to act as road commissioners. Also, a bill to amend the charter of the town of .Jefferson, in the county of Jackson. Also, a bill to amend an act for the relief of maimed and indigent soldiers. Also, a bill to amend section 375 of the Code, and for other purposes.

THRUSDAY, FEBRUARY 8, 1877.

S95

The Senate has passed the following bill of the House of Representatives, to-wit:
A bill to amend the charter of theNorthwestern Railroad Company.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker: The Committee on Enrollment report as duly enrolled,
and ready for the Speaker of the House of Representatives, the following acts:
An act to amend an act entitled an act to incorporate the Northwestern Railroad Company, and for other purposes, approved February 28, 1876.

The following message was received from the Senate through Mr. Harris, the secretary thereof.
Mr. Speaker :
The Senate has passed the following bills, to-wit :
A bill to amend section 1, 649 of the Code. Also, a bill for the better protection of creditors of estates in proceedings to assign dower. Also, a bill to make it not unlawful to sell by retail any domestic wines manufactured in this State from grapes. Also, a bill to repeal an act to provide for the payment of insolvent costs to the Solicitor General of the Macon circuit, and for other purposes. . Also, a bill to amend an act to provide for a county board of commissioners for the county of Decatur. 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 amend section 1,563 of the Code of Georgia. Also, a bill to incorporate the Georgia Chemical Works.

396

JouRNAL OF THE HousE.

The Senate has passed the following bill by a constitutional majority of :35 yeas and nays 1.
A bill to amend the charter of the Capital Bank of Macon-

The Senate has agreed to the following resolution in which they ask the concurrance of the House of Representatives, and I am directed to transmit the same forthwith, to-wit:
A resolutionAllowing the board of nine officers of volunteers appointed by the Governor to revise that part of the Code which relates to the volunteers, to make their report to the next session of the General Assembly.

The Senate has passed the following bill, to-wit: A bill to regulate the practice in the Supreme Court of Georgia.

:Mr. Hood, chairman of the Committee on C0rporations, submitted the following report:
Mr. Speaker:
The Committee on Corporations have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to repeal so much of the act incorporating the town of Duluth, in the county of Gwinnett, as confers on the President and Commissioners of said town power to regulate or pr~hibit the sale of intoxicating liquors in said corporation.
Also, a bill to amend an act to establish and define the corporate limits of the city of Griffin, to limit the number of officers, et:., assented to February 15th, 1876.
Also, a bill to amend an act to incorporate the city of Greenesboro, and to provide for its government, and for other purposes, approved March 5th, 1~56.

THURSDAY, FEBRUARY 8, 1877.

397

Also, a bill to amend the charter of the city of Columbus, and to change the term of office of certain officers in said city. . Also, a bill to amend an act to incorporte the city of Dawson, in the county of Terrell, and for other purposes, approved August 22, 1872.
Also, a bill to amend the several acts incorporating the town of Monroe, in the county of Walton, and to confer additional powers on the President of the Board of Commissioners of said town.
Also, a bill to incorporate the town of Suwanee, in the county of Gwinnett.
Also, a bill to amend the charter of the city of 1\.merlcus.
Also, a bill to authorize the Mayor and Council of Macon to issue bonds, and to further amend the charter of said city.
Also, a bill to amend an act to incorporate the Direct Trade Union of the Patrons of Husbandry.
Also, a bill to repeal ''an act to prohibit the sale, by retail, of spirituous liquors within the corporate limits of the town of Lawrenceville, Gwinnett county, or within three miles of the court-house of said county, and to regulate the sale of liquors in said corporation, and to prescribe penalties for violations of this act," approved February 26, 18i5.
Also, a bill to amend an act to incorporate the town of Spalding, in the county of Macon, and for other purposes, approved March 16, 1869.
Also, a bill to amend an act to incorporate the town of Social Circle, in the county of Walton, approved March 18, 1869.
Also, a bill to repeal certain sections of an act incorporating the city of Rome, in the county of Floyd.
Also, a bill to incorporate Laurel Mills Manufacturing Company, and to legalize certain acts.

398

JouRNAL oF THE HousE.

Also, a bill to prohibit the sale of spirituous or intoxicating liquors within three miles of the corporate limits of the town of Senoia, in the county of Coweta.
Also, the following bill, which they recommend do pass with amendment, to-wit:
A bill to prohibit the sale of spirituous or malt liquors within two miles of Union Church, in the county of Monroe.

The following bills the committee recommencl do pass by substitute, to-wit:
A bill to incorporate the Methodist Episcopal Church, South, near Graysville, Catoosa county.
Also, a bill to amend the charter of Atlanta.

Your committee have had under consideration the following bills, which they report back to the House, with the recommendation that J:hey do not pass, to-wit:
A bill to incorporate the Grand Lodge of the Knights of Honor of the State of Georgia, and for other purposes.
Also, a bill to amend an act to incorporate the town of St. Mary's, and the several acts amending the same, and for other purposes.
ARTHER Hooo, Chairman.

l\Ir. Thomas, chairman of the Committee on 1\ew Counties and County Lines, submitted the following report, towit:
Mr. Speaker:
The Committee on New Counties and County Lines have had under consideration the following bill, which they recommend do not pass, to-wit:
A bill to be entitled an act to provide for the cutting off the following lots of land: No. 127 and others, in the second district of Lee county, into the county of Terrell.

THURSDAY, FEBRUARY 8, 1877.

399

Also, a bill to be entitled an act to change the lines between the counties of Lee and Sumter.

They have::, also, had under their consideration the fol. lowing bills, which they report back to the House with the recommendation that the same be withdrawn. to-wit;
A bill to be entitled an act to repeal an act entitled an act to change the county line between the counties of McIntosh and Liberty, approved December 4, 1871.

They have, also, had under their consideration the following bill, which they recommend do pass with an amendment, to-wit:
A bill to be entitled an act to change the Pine between the counties of Floyd and Gordon.

They have, also, had under their consideration the following bills, which they recommend do pass by one bill as a substitute for the three, to-wit:
A bill to be entitled an act to change the line between the counties of Jasper and Newton, so as to include lots of land 318 and 319, in the eighth district of originally Walton, now Jasper county, in the county of Newton.
Also, I bill to be entitled an act to change the line between the counties of Newton and Jasper, so as to make the north bank of the Alcova river, for a certain distance, the line between said counties.
Also, a bill to change the line between the counties of Newton and Jasper, so as to include the residences and premises of Wm. F. Gay and John W. Gay, now in the county of Jasper, in the county of Newton.
Respectfully submitted. W. W. THOMAs, Chairman.

Mr. Carlton, chairman of the Committee on Finance, submits the following report:

400

JoURNAL OF THE HousE.

Mr. Speaker:
The committee on Finance have h:1d under their consideration the following bills, which they recommend do pass, to wit:
A bill to limit the pay of the Treasurer of Fulton county.
Also, a bill to amend section 798 of the Code. Also a bill to fix the compensation of Tax Collector and Tax Receiver of Milton county. They have also had under their consideration the following bills, which they recommend do pass as amended, to-wit: To fix thli per diem pay of grand and petit jurors for the county of Baker. They have also had under their consideration the following bills, which they recommend do not pass, to-wit: A bill to appropriate the State taxes to be assessed against the county of Glynn for the year 18i7, for the purpose of erecting quarantine buildings for the city of Brunswick, and for other purposes. Also, a bill to reduce and regulate the commissions of Tax Receivers and Tax Collectors of the State of Georgia. Also, a bill to authorize William Askew to r~il spirituous liquors in the county of Marion without license. Also a bill to authorize and allow Peterson Thweatt, former Comptroller General, to have the legality and rightfulne~s of his claim against the State determined by the courts of the State. Also a bill to remit the collection of taxes for State purposes, for the year 1876, in the county of Glynn, and other purposes therein mentioned. Also, a bill to amend an act approved February 20, 1875. to regulate and restrict the rate of interest in this State, and for other purposes. Also, a bill to fix the salary of the clerk of the Depart-

THURSDAY, FEBRUARY 8, 18i7.

401

ment of Agriculture, and make it equal to the salaries of the clerks in other departm::nts of tht> State.
Also, a bill for the relief of indigent maimed Confederate soldiers of this State.
Also, a bill to exempt from tax two hundred dollars of property of all male tax-payers, and three hundred dollars worth of property of widows.
Also, a bill to exempt certain property of widows and orphans from taxation.
Also, a bill to authorize Ab-solom Fennell to peddle and barter goods, wares and merchandise in the county of Jones without license.
Also, a bill to consolidate the offices of Secretary of State and Superintendent of Public \Vorks.
Also, a bill to amend an act to regulate and restrict the rate of interest in this State.
Also, a bill to repeal an act approved 16th February, 1875, prohibiting the sale of intoxicating liquors outside the incorporate limits of Eatonton.
Also, a bill to regulate the pay of grand and petit jurors in the county of Lee.
Also, a bill to amend section 457 of the Revised Code of Georgia, in reference to the duties of Justices of the Peace, so far as the same relates to the county of Stewart.

They have also had under their consideration the following resolution, which they report back with a report, towit:
Resolved, That the Finance Committee inquire into and report to this House,how and for what purpose the $1,500, 00, expended by the Superintendent of Public Works, was dis bused.
To which resolution they submit the following repot t, towit:
We the sub-committee appointed under a resolution to inquire into and report to the House, how and for what
26

402

}OURJ'\AL oF THE HousE.

purpose the $1,500,00 expended by the Superintendent of

Public Works was disbursed, beg leave to make the follow

ing report.

That there was only $9,006.09 expended, for which the

Superintendent of Public \\iorks had proper vouchers.

'N e find upon examination, amounts paid different per-

sons in employ of Superintendent of Public \Vorks, that a

great reduction might be made, saving to State out of the

amount of $9,006.09, paid out, the sum of $1,650, as fol-

lows:

Engineer ...........$ 900 00 could be employed for ..$600 00

Three servants.... 1,350 00 could be employed for.. 900 00

Guard to building 1,600 00 could be employed for.. 700 00

-----

----

$3, 850 00

$2, 200 00

(Signed)

TUMLIN,

Chairman of Sub-Committee.

H. H. CARLTON, Chairman of Finance Committee.

Mr. Price, from the Joint Committee on Education, made following report :
J.Wr. Speake.~ :
The Joint Committee on Education have had under consideration:
A bill to be entitled an act to provid~ for the payment of the claims cf Katie Pickett, of the county of 'Vebster, for services rendered as teacher in 1875 and 1876, which the committee recommend do pass as amended.
Also, a bill to be entitled an act to incorporate Rabun Gap High School, in Rabun county, and appoint commissioners for the same, and for other purposes, which the committee recommend do not pass.
Also, a bill to be entitled an act to appropriate money t0 Thomaston High School, which the committee recommend do not pass.

THURSDAY, FEBRUARY 8, 1877.

403

Also, a bill to be entitled an act to pay balance due

county school commissioner of Whitfield county, for ser-

vices rendered in the year 1877, which the committee rec-

ommend do not pass.

vV. P. PRICE, Chairman.

Mr. Paul, chairman of the Committee on Lunatic Asylum, makes the following report:
Mt. Speaker:
The Joint Committee on Lunatic Asylum beg leave to report, that they have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to govern and control the Lunatic Asylum, and to give the board of trustees certain power and authority.
PAUL, Chairman.

Mr. Paul, chairman of the Special Committee on Inebriate Asylum, submitted the following report:
Mt. Speaker:
The special committee to whom was referred a memorial from the Georgia Medical Association, praying the General Assembly to build an Inebriate Asylum in this State, have had said memorial under consideration, and beg leave to submit the following report:
That the committee fully concur with the Georgia Medical Association in their opinion, that there is great need of an Inebriate Asylum in the State of Georgia, and we feel that not only the medical profession of our noble old State should feel interest~d in this enterprise, but that every good citizen should give it his most hearty endorsement.
The committee are of the opinion that while it is the duty of the State to provide for the idiot, the epileptic, the lunatic, the blind, the deaf and dumb, it is no less our duty to provide for the inebriate, and we would be proud if the financial condition of the State was such that we could recommend to the General Assembly the propriety

40-!

JouRNAL oF THE HouSE.

of building and putting into operation and practical u!le,

so great a blessing as this would be to some of our unfor-

tunate fellow- beings. And while it pains the committee

to have to report unfavorably on the memorial on account

of the financial condition and embarrassment of the State,

we wish the Georgia Medical Association God-speed in

their glorious undertaking, and hope the day is not far

distant when Georgia will be able to build an asylum for

inebriates.

Respectfully submitted,

0. H. PAULL, Chairman.

Mr. Mobley offered the following resolution, which was adopted:
A resolutionResolved, That the Clerk of this House cause a copy of the report of the committee to whom was referred the memorial of the Georgia Medical Association, to be forwarded to Dr. Eugene Foster of Augusta, chairman of the committee of said medical association memorializing this General Assembly, and that the same be done at once,

Mr. Stewart of Spalding, chairman of the Committee on the Judiciary, submitted the following report:
Mr. Speaker:
The Committee on the Judiciary have had under consideration the following bill, and recommend that the sanie do pass, to- wit :
A bill to he entitled an act to repeal an act entitled an act to regulate the sale of spirituous and malt liquors in the counties of Floyd, Dade, Polk, Chattooga, et a!., and for other purposes, approved February 26th, 1875, so far as the act applies to the county of Polk.

Also, the following bills, which they recommend do pass, as amended, to-wit :
A bill to be entitled an act to prohibit the sale of ardent

THURSDAY, FEBRUARY 8, 1877.

405

spirits or intoxicating liquors within the limits of the 821st District G M. of the county of Lumpkin.
Also, a bill to be entitled an act to organize a County Criminal Court for the county of Washington, and for other purposes.
Also, a bill to be entitled an act to amend an act entitled an act to create a County Court for the county of Rockdale, approved March 2, 1874.
JoHN D. STEWART, Chairman.

Mr. Stewart of Spalding, chairman of the Committee on the Judiciary, submitted the following report:
Mr. Speaker:
The Committee on the Judiciary have had under consideration the following bills, and recummf!nd that the same do pass, to-wit :
A bill to be entitled an act to make penitentiary convicts in this State, working under lessees, liable to road duty in certain cases, to provide the manner in which they shall be summoned, to fix the penalty for a failure to comply with the same, and for other purposes.
Also, a bill to be entitled an act to prohibit the sale of spirituous or malt liquors within four miles of Lebanon church in the county of :\facon.
Also, a bill to be entitled an act to alter and amend the County Court laws of this State, so far as the same relate to the county of Macon, and to make the Clerk of the Superior ex officio Clerk of the County Court.
Also, a bill to be entitled an act tc effect more speedy service of mesne process at law or in equity in this State where the sheriff is a party, or named as defendant, or when he is sick and unable to act and has no deputy, and for other purposes.
Also, a bill to be entitled an act to repeal an act entitled an act to create a board of commissioners of roads and revenues for the county of Baker, and for other purposes.

406

JouRNAL OF THE HousE

Also, a bill to be entitled an act to provide for a vote of the people of Baker county on the question of the removal of the court-house in said county, and to make provisions for said removal, and for other purposes therein named.
Also, a biii to be entitled an act to prohibit the sale of spirituous and intoxicating liquors within one mile of the Court-house, (Hiwassee) in the county of Towns, and for uther purposes therein mentioned.
Also, a bill to be entitled an act to amend section 4,155 of the Revised Code of Georgia of 1873, relating to the continuances in Justices' Court, and for other purposes.
Also, a biii to be entitled an act to provide a form of government for the Georgia institution for the education of the deaf and dumb, and for other purposes.
Also, a bill to be entitled an act to establish a board of commissioners for the county of Columbia.
Also, a bill for the relief of the Savannah, Griffin and North Alabama Railroad.
Also, a bill to be entitled an act to require the Ordinary of Fulton county to furnish chambers for the Judge of the Superior Court of said county.
Also, a bill to be entitled an act to amend an act to prohibit the sale of intoxicating liquors or alcoholic bitters within two miles of the village of Villa Rica, in the county of Carroll.
Also, a bill to be entitled an act to amend an act to suppress and prohibit the sale of spirituous and intoxicating liquors within two miles of Jacksonville, Telfair county, Georgia, and within two miles of Trinity and Fletcher Chapels, being churches in the 3d district of Meriwether county.
Also, a bill to be entitled an act to amend section 2,040 of the Code, to which your committee offer an amendment, and ask that the same, as amended, do pass.
Also, a bill to be entitled an act to change the county of Echols from the Brunswick Judicial Circuit to the Southern

THURSDAY, FEBRUARY 8, 1877.

407

Circuit, to which your committee offer an amendment, and

ask that the same, as amended, do pass.

Also, a bill to be entitled an act to repeal an act ap



proved January 19, 1872, to create a County Court in each

cou1 y of the State of Georgia, except certain counties

therein mentioned, and for other purpose, to which your

committee offer an amendment, and ask that the same, as

amended, do pass.

Your committee have also had under consideration the following bias, which they recommend do not pass, to-wit:
A bill to regulate and limit the liabilities of common carriers, in the storage of fertilizers.
Also, a bill to be entitled an act to create a board of commissioners of roads, public buildings and public property and finance for the county of Washington, and for other purposes, approved 25th February, 1876.
Also, a bill to be entitled an act to confer exclusive jurisdiction on the Superior Courts of this State, of certain miscemeanors.
Also, a bill to be entitled an act to abolish the per diem pay of jurors of the county of Mitchell, and to regulate the jury fees therein, and to provide for the payment of the same.
Also, a bill to be entitled an act to regulate the liability of hotel keepers, and for other purposes therein named.
Also, a bill to be entitled an act to alter and amend section 610 of the Code of Georgia_
Also, a bill to be entitled an act to allow D. T. Goff to practice medicine and charge for the same.
Also, a bill to be entitled an act to make the militia district in the city of Augusta conform to and correspond with the wards of said city_
Also, a bill to be entitled an act to require all railroad companies to pay promptly for all stock killed by them.
Also, a bill to be entitled an act to create a new judicial

408

JouRNAL OF THE HousE.

circuit, to be called the Apalachee Circuit, compnstng the counties of Clark, Gwinnett, Jackson, Newton, Oconee, Rockdale and \Valton, and to appoint the time for holding the Superior Courts of said circuit, and for other purpu::;es.
A !so, a bill to be entitled an act to fix the pay of grand and traverse jurors for the county of Dodge, and for other purposes.
Also, a bill to be entitled an act to amend section 3, 740 of the Code.
Also, a bill to be entitled an act to change the time of holding the Superior Courts of the counties of Pike and Rockdale, to extend the term of !he Superior Courts of the county of Pike, and for other purposes therein stated.
Also, a bill to be entitled an act to amend an act to authorize the transfer of executions issued for State, county and municipal taxes, approved February 2(), 1875.
Also, a biii to be entitled an act to alter and amend the revenue laws of this State, and to prescribe a penalty for the violation thereof, approved December 15, 1862.
Also, a bill to be entitled an act to repeal an act to create a State Board of Health for the protection of life and health, and to !Jrevent the spread of diseases in the State of Georgia, and for other purposes, approved February 25, 1875.
Also, a bill to be entitled an act to amend an act approved August 23, 1872, prohibiting the buying and selling, delivering and receiving, farm products, between sunset and sunrise, in certain counties, be made applicable to the county of Spalding.
Also, a bill to be entitled an act to compensate surviving partner for services rendered in settling up the business of the firm of which he may be a member, tu fix his pay for the same, and for other purposes.
Also, a bill to be entitled an act to pay J. Branham, Jr.,
his unpaid salary as Solicitor General of the Macon Circuit.
Your committee have, also, had under consideration a

THURSDAY, FEBRUARY 8, 1877.

409

resolution on the subject of the United States bankrupt law, declaring in favor of its repeal, which they recommend be adopted.

Also, the following resolutions, which they recommend be not agreed to, towit:
A resolution recommending the Magistrates' Docket prepared by Thomas J. l'erry, Esq., of ]{orne, Ga.
Also, a resolution in relation to the repeal cf certain revenue laws by the Congress of the United States.

Your committee have also had under consideration ''A petition of B. D. Drayton, asking the House of Representatives, now in session, to pass a bill allowing him to practice in the courts of law and equicy of the State of Georgia," which your committee recommend be not agreed to.

Your committee have also :1ad under consideration "A bill to be entitled an act for the relief of teachers of public schools in the county of Stewart, for the year 1871, or their transferees, and for other purposes, which they recommend be referred to the Committee on Education.
Also, a bill to define the duties of the Ordinary of the county of Fulton, and for other purposes therein mentioned, which they recommend be referred to the Committee on Finance.
JoHN D. STEWART, Chairman.

Mr. Pickett of Gilmer moved to reconsider so much of the Journal of yesterday as rela!es to the bill lost on yesterday "To loan the credit of the State to the Marietta and North Georgia Railroad."
Mr. Stanford called the previous question, which call was sustained, and the main question ordered.
Mr. Hood called for the yeas and nays, which call was sustained, and the result was as follows:

410

JouRNAL oF THE HousE.

Those voting in the affirmative are Messrs.-

Adams of Lee,

Harden,

Almon,

Harralson,

Allred,

Hum her,

Anderson,

Hutchins,

Atwood.

James,

Bacon of Liberty, Jones of Polk,

Bennett,

J()rdan of Pulu.ski,

Blue,

Kendrick,

Born,

Kimsey,

Bowen, Bunts,

..Lirb.v '
Knox,

Burch of Thomas, Lang,

Burch of Elbert, Leach,

Candler,

Matthews of Pike,

Carlton,

McAfee,

Cochran,

McDonald,

Davis of Bibb,

Moses,

Dews,

Murray,

Dozier of Harris, Ottis,

Dozier of Quitman, P.-acock,

Duggar,

Payne,

Duke,

Pearson,

Fletcher,

Phillips of Cobb,

Fry,

Pickett of Rabun,

Grant,

Pickett of Gilmer,

Green,

Pope,

Price, Puekf'tt, Ragsdale, Rawlil's, R<:>id of Morgan, Reid of Putnam, Richardson, Roberson, Robson, Rouse, Smith of Echols, Stanford, Stewart of Milton, Stokely, Taylor, Tumlin, Turnbull, Walton of Burke, Walsh, Wise, Wilkes, Wooldridge, Wolihin, Willingham. Wilcox.

Those voting in the negative are Messrs.-

Adams of Chatham, Harrdl,

Benson,

Hillyer,

Black,

Hollis,

Bloodworth,

Hogan of Monroe,

Branch,

Hugan of Carroli,

Brewer,

Hood,

Callaway,

Hughes,

Carter,

Johnston,

Case,

Jones of McDuffie,

Pilchtr, Polhill, Reece,
Rop~r
Scruggs, Sh'l.w, Sheffield of Ea.rly, S~effield of Miller, Sikes,

THURSDAY, FEBRUAR~ 8, 1877.

411

Causey, Cloud, Colbert, Colley, Cox of Bryan, Davis of Houston, Davis of Stewart, DeLoach, Evans, Frederick, Freeman, Gresham. Giover of Jones, Guyton, Hammond,

Jordan of Hancock, Smith of Oglethorpe,

Key,

Smith of Walton,

Mallette,

Smith of 'l'atnail,

Marshall,

Smith of Butts,

Matthews of Talbot, Stewart of Tayl(lr,

Maund,

Stewart of Spalding,

Miller,

Thomas,

Mobley,

Turner,

Moore,

Vick,

N ortb,

Wade,

Northern,

Walton of Haralson,

Paul,

Willis,

Peek,

Whittle,

Penn,

Williams.

Those not voting are Messrs.-

Awtry, Brockett, Brown of Upson, Brown of Fayette, Collins, Corker, CLlx of Troup, Davison, Dudley,

Faircloth, Fort, Fortner, Gray, Glover of Twiggs, Goodrum, Kennon, Mcintyre, McGar,

McRae, Owenby, Perkins, Phillips of Carroll, Russell, Simms, Strickland, Wall, Wilson.

Yeas, 77. Nays, 70. Not voting, 27.

So the motion to reconsider prevailed.

Henry Bryan, Esq., was invited to a seat on the floor.

The Speaker appointed the following special committee on the Governor's message, to-wit: Messrs. Fort, Moses, Simms, Robson, and Sheffield of Early.

412

JouRNAL OF THE HousE.

Hons. S. J. \Vinn and T. M. Peeples were invited to
seats on the floor.

The regular order being the reading of House bills the third time, for final disposition, was taken up, and the following bills were read and disposed of as follows, to-wit:
By Mr. BlackA bill to amend the act incorporating the Trustees of the Masonic Hall in the city of Augusta. Passed.
By Mr. Mathews of Talbot- A bill to provide for certioraris in claim cases. Passed, by substitute.
By Mr. Stewart of TaylorA bill to abolish the State Board of Health. Laid on the table. By Mr. MooreA bill to change the line between the counties of Greene and Taliaferro. Passed. By Mr. BurchA bill to amend section 296 of the Code. Passed by substitute. By Mr. AwtreyA bill to abolish the County Court m the county of Troup. Passed. By Mr. KnoxA bill to amend section 1, 270 of the Code. Amended and passed. By Mr. KendrickA bill to abolish the County Court in the county of vVebster. Amended and passed. By Mr. Hughes-

THURSDAY, FEBRUARY 8, 1877.

413

A bill to reduce the sheriff's bond in the county of Wilkinson.
Passed. By Mr. PriceA bill to establish a Normal Department in the North Georgia College. Made the special order for Saturday at 11 o'clock.
By Mr. Stewart of SpaldingA bill to repeal the act establishing the Griffin Board of Education. Passed. Also, a bill to amend section 459 of the Code. Amended and passed. Also, a bill to repeal certain sections of the act fixing the pay of the Clerk of the Supreme Court, and to amend sections 3,688 and 3, 690 of the Code. Laid on the table. By Mr. WadeA bill to amend section 4,423 of the Code. Amended and passed. By Mr. HoodA bill to amend the County Court law of the county of Randolph. Passed. Also, a bill to require sheriff!! to keep a record of persons committed to jail. Recommitted to the Judiciary Committee. By Mr. MosesA bill to amend the act incorporating the Georgia Home Insurance Company. Passed. By Mr. CollinsA bill to abolish the County Court in the county of Mitchell. Passed. By Mr. Sheffield of Miller-

414

JouRNAL oF THE HousE.

A bill to repeal the act regulating the sale of liquors in the county of Miller.
Passed. By Mr. CarterA bill to change the lines between the counties of Lowndes and Echols. Passed as amended. By Mr. GreshamA bill to amend the County Court Law of the county of Greene. Amended and passed.

Mr. Grant was added to the Committee on Penitentiary, by the request of the chairman of said committee.

The House adjourned to 3,% o'clock PM.

AFTERNOON SESSION. 3_% O'CLOCK P.M.
The House re-assembled.
The roll call was dispensed with.
Leave of absence was granted the Penitentiary Committee to visit convict camps.
:VIr. Pilcher introduced the following resolution:
That no member shall be allowed to speak more than ten minutes on any subject before this House.
Agreed to.
On motion of Mr. Carlton, the general tax act was taken

THURSDAY, FEBRUARY 8, 1877.

415

from the table and made the special order for to-morrow morning, immediately upon the reading of the Journal.

Col. Frobell was invited to a seat on the floor.

Mr Paine, chairman of the Committee on Enrollmtnb submitted the following report:

Mr. Speaker :

The Committee on Enrollment report as duly enrolled signed by the Speaker of the House of Representatives

and the President of the Senate and delivered to his Ex.

cellency the Governor, the following act:

An act to amend an act entitled an act to incorporate

the Northwestern Railroad Company, and for other pur-

poses.

Mr. Tumlin, chairman of the sub-committee from the

Committee on Finance, submitted the following report:

Ml'. Speaker:

vVe, the sub-committee appointed under a resolutiion to inquire into and report to the House how, and for what

purpose, the $15,000.00, expended by the Superintendent

of Public \Vorks, was disbursed, beg leave to make the fol-

lo.ving report:

That there was only $9,006.09 expended, for which the

Superintendent of Public vVorks has proper vouchers.

We find, upon examination, amounts paid different per-

sons i1: the employ of the Superintendent of Public \Vorks,

that a great reduction rnigr.t be made, saving to the State
out of the amount, $9,006. 09, paid out, the sum of $1,-

650.00.

The engineer, who has been paid ......$ 900 00

Can be employed for.............. ......

$600 00

Three servants, who have received..... 1,350 00

Can be employed for ........ ...... ......

900 00

Guard to buildings has received....... 1, 600 00

Can be employed for . . ...... .. .. .. .... ..

700 00

$3,850 00 $2,200 00 THos. TuMLIN, Chairman.

416

JoURNAL oF THE HousE

The regular order being the reading of House bills the third time, was resumed, and the following bills disposed of, to wit:
By Mr. CandlerA bill to establish a City Court for the city of Gainesville. Amended and passed. By Mr. BranchA bill to repeal the act amending section 4,401 of the Code. Lost. By Mr. CandlerA bill to repeal sections 197, 198 and 1,645 of the Code. Laid on the table. By Mr. DuggarA bill to abolish the office of county school commissioner and board of education in the counties of Fannin and Pickens. Passed.

Leave of absence was granted the Finance Committee.

On motion, the House adjourned to 7! o'clock P. M.

NIGHT SESSION. 7}- o'CLOCK P.M.
The House re-assembled. The roll was called and a quorum found present. The regular order was resumed, and the following bills

THURSDAY, FEBRUARY 8, 1877.

417

were read the third time and disposed of as follows, to-wit: By Mr. WhittleA bill to forbid trustees, etc., from investing in other
than the securities of the State of Georgia. Withdrawn. By Mr. WilkesA bill to fix the rate of interest in this State. Laid on the table. By Mr. Stokely-A bill to compel railroads to pay promptly for stock
killed. Mr. Pilcher offered the following amendment : ''Unless it shall be made plainly to appear that such
railroad company has the road enclosed by a substantial fence, not less than four and a half feet high."
Recommitted to Judiciary Committee. By Mr. PriceA bill to regulate the sale of liquors in the county of Lumpkin. Amended and passed. By Mr. NorthA bill to change the lines between the counties of Troup and Coweta. Amended and passed. By Mr. StricklandA bill to provide for the payment of insolvent costs in certain cases. Withdrawn. By Mr. HillyerA bill to provide the manner of tax sales by municipal corporations. Laid on the table. By Mr. Adams of ChathamA bill to exempt the Georgia Hussars from taxation. Laid on the table. By Mr. Corker-
27

418

JouRNAL OF THE HousE.

A bill to change the time of holding the Superior Court in the county of Burke.
Passed. By Mr. TurnbullA bill to abolish the board of commissioners in the county of Banks. Amended and passed. By Mr. Stewart of SpaldingA bill to prohibit the sale of liquors near certain points in the counties of Pike and Spalding. Amended and passed. By Mr. RichardsonA bill to regulate the sale of liquors in the city of Dalton. Recommitted to the Judiciary Committee. By Mr. FryA bill to authorize affidavits to be taken in other States in certain cases. Recommitted to the Judiciary Committee. By Mr. Cox of BryanA bill to amend the game laws of the county of Bryan. Amended and passed. By Mr. RobersonA bill to regulate the sale of liquors in the county of Appling. Amended and passed. By Mr. CarltonA bill to provide for the disposition of certain cases in the County Court of Clarke county. Passed. By Mr. HillyerA bill to provide for tax sales by municipal corporations. Taken from the table and passed. By Mr CaseA bill to incorporate the Dade Iron Manufacturing Company. Amended and passed.

THURSDAY, FEBRUARY 8, 1877.

419

By Mr. Cox of TroupA bill to amend section 4, 608 of the Code. Passed. By Mr. CarltonA bill to extend the jurisdiction of the County Court of Clarke county. Passed. By Mr. WhittleA bill to amend section 298 of the Code. Laid on the table. Taken from the table, amended and passed. By Mr. Jordan of PulaskiA bill to provide for the service of c~rtain papers in County Courts. Passed; By Mr. CarltonA bill to contract the corporate limits of the city of Athens. Passed. By Mr: CorkerA bill to incorporate the town of Midville, in the county of Burke. Amended and passed. By Mr. Smith of ButtsA bill to regulate the sale of liquors in the county of Butts. Passed. By Mr. PaulA bill to create a board of commissioners for the county of Calhoun. Amended and passed. By Mr. HoodA bill to amend the act regulating the sale of liquor!! near Ward's Station. Amended and passed. By Mr. Cochran-

420

JouRNAL OF THE HousE.

A bill to amend the acts conferring civil jurisdiction on the Mayor of Blackshear.
Passed.
By Mr. OwenbyA bill to prevent the furnishing of spirituous liquors on election days. Recommitted to the Judiciary Committee.
By Mr. PayneA bill to authorize the establishment of certain voting places in the county of Chatham. Amended and passed. By Mr. Davis of BibbA bill to defirie the mode of purchasing and butchering cattle in the county of Bibb. Amended and passed. Also, a bill to change the line between the counties of Bibb and Twiggs. Passed, By Mr. WhittleA bill to change the line between the counties of Bibb and Monroe. Passed. By Mr. PickettA bill to repeal sections 1,456 and 1,457 of the Code, so far as the same relates to the county of Cherokee. Amended and lost. By Mr. CarltonA bill to amend an act to prevent the sale of spirituous liquors to minors. A mended and passed. By Mr. CloudA bill to change the line between the counties of Henry and Clayton. Amended and passed.
By Mr. Causey-

THRUSDAY, FEBRUARY 8, 1877.

421

A bill to repeal an act to provide for the payment of insoivent costs in the county of Crawford.
Passed. By Mr. HarrellA bill to amend an act requiring the city government of Bainbridge to levy a tax. Laid on the table. Taken up and passed. By Mr. No:thA bill to prohibit the sale of spirituous liquors in the town of Sharpsuurg. Passed. By Mr. W olihinA bill to amend the act to amend section 1, 700 of the Code. Passed. By Mr. BrewerA bill to change the time of holding the Fall Term of the Superior Court of the county of Effingham. Passed by substitute. By Mr. Sheffield of EarlyA bill to amend the act providing a board of commissioners for the county of Early. Passed. By Mr. ReeceA bill to repeal the act regulating the sale of liquors in the city of Rome. Referred to Judiciary Committee. By Mr. BurchA bill to amend the act fixing the jurisdiction of the County Court of Elbert county. Passed.

On motion, the House adjourned to 9 o'clock to-morrow morning.

422

JOURNAL OF THE HOUSE.

ATLANTA, GEORGIA,
FRIDAY, February 9, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found present.
Mr Almon, from the Committee on Journals, reported the Journal of yesterday read, correct and approved.
The Journal was then read.
The following message was received from His Excellency, the Governor, through Mr. Avery, his Secretary, towit:
Mr. Speaker: The Governor has approved the following acts, to-wit: An act to authorize the :city of West Point, in Troup
county, to organize a public system, independent of the public school system of the State of Georgia, and for other purposes.
Also, an act to provide for the compensation of jurors and bailiffs in the county of Webster.
Also, an act to amend an act entitled an act to incorporate the Northwestern Railroad Company, and for other purposes, approved February 28, 1876.
Also, act to incoporate the Kennesaw Mills Company, in the city of Marietta, in the county of Cobb.
Also, the following resolution : A resolution asking the suspension of the collection of taxes in the county of Ware.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

FRIDAY, FEBRUARY 9, 1877.

423

Mr. Speaker:
The Senate has passed the following bills, to-wit: A bill to provide a fixed compensation to be paid to the Comptroller General of this State for discharging the duties imposed on him by the laws in relation to insurance companies and agents. Also, a bill to amend an act to enable parties to waive and renounce the homestead and exemptions provided by Ia~, approved March 2d, 1875.

The Senate has passed the following bill of the House of Representatives, to-wit:
A bill to prescribe the mode of granting license to sell spirituous liquors in the town of Buena Vista.

Mr. Paine, Chairman of the Committee on Enrollment, submitted the following report:
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 act:
An act to prescribe the mode of granting licenses to sell intoxicating liquors in the town of Buena Vista, Marion county, Georgia.

Mr. Carlton, 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, which they recommend do pass, to-wit:
A bill to authorize the State Treasurer to pay R. E. Wilson, clerk of '' committee to investigate the conduct of the Auditing Board of the Western and Atlantic Railroad," balance due him as clerk.

424

JOURNAL OF THE HOUSE.

Also, a bill to prohibit the collection of more than fifty per cent. upon the State tax for county purposes, for the county of Jackson.
Also, a bill for the relief of G. W. Keith.

They have also had under their consideration the following bill, which they recommend do pass as amended, to-wit:
A bill to abolish the office of County Treasurer of Twiggs county.

They have also had under consideration the following bills, which they recommend do not pass. to-wit:
A bill to provide for the letting out the clerical business of the Senate and House of Representatives of the General A!'sembly, and, also, the public printing, and the duties of messenger and doorkeeper of said two Houses, to the lowest bidder.
Also, a bill for the relief of Valentine Klein, of Chatham county.
Also, a bill to provide for the appointment by the Commissioner of Agriculture, of a State Chemist and Inspector of Fertilizers, and to define their duties.
Also, a bill to repeal sections 1, 571, 1, 572, 1, 573, 1, 574, 1, 57 5, and 1, 576 of the Code of 1873, a11d to transfer the inspection of fertilizers to the Department of Agriculture.
Also, a bill for the relief of the estate of John Caldwell, late of the county of Fulton, deceased.
H. H. CARLTON, Chairman.

Mr. Jordan, of Pulaski, chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
The Committee on Agriculture have had under consideration the following bills, which they recommend do pass, to-wit:

FRIDAY, FEBRUARY 9, 1877.

425

A bill to amend an act for the protection of the farmers of Charlton county, so as to embrace the county of Camden.
Also, a bill to amend section 1, 431 of the Code of 1873, in reference to the sale of estrays.
Also, a bill to declare the Apalachee river in Green and Morgan counties a lawful fence, and for other purposes.
Also, a bill to prescribe a stock law for certain territory lying on the Chattahoochee river in the conuty of Gwinnett, and for other purposes.
Also, the following bill, which they recommend do pass by substitute, to-wit:
A bill to create a commissioner for fish and fisheries in this State.
Also the following bill, which they recommend be referred to the Committee on Judiciary, to-wit:
A bill to make the defendant, or party accused, a competent witness in all cases arising under the bastardy laws of this State.

Also, the following resolution, which they recommend be agreed to, to-wit:
A resolution. Requesting our Members in Congress to urge a repeal or modification of the internal revenue laws of the United States, so far as the same relates to the distillation of fruit.

Also, the following bills, which they recommend do not pass, to-wit:
A bill to encourage stock raising in this State.
Also, a bill to repeal an act to protect more effectually the planters of Georgia from imposition in the sale of fertilizers.
Also, a bill to prevent drunkenness in this State, and to prescribe a penalty therefor.
Also, a bill to repeal an act to establish a Department of

426

JouRNAL OF THE HousE.

Agriculture for the State of Georgia, approved February 28, 1874.
Also, a bill to define the liability of owners of pasturec;, or enclosures for stock.
Also, a bill to amend section 4,441 of the Code of 1873, by extending the provisions of said section to unenclosed lands, and also by striking out certain words in said section, confining the protection, therein given, to sheep.
Also, a bill to allow certain parties to fire the woods in Clinch county, and for other purposes.
Also, a bill to abolish the Department of Agriculture, and for other purposes.
Also, a bill to amend section 1,574 of the Code of 1873, which section prescribes the fees of the inspectors of fertilizers in this State.
Also, the following bill, which they recommend to be withdrawn by its author, to-wit:
A bill to make uniform the charges for inspection of guanos throughout this State.
JORDAN, Chairman.

Mr. Davis of Houston moved to reconsider the action of the House on a bill lost on yesterday, to amend section 4,401 of the Code, relative to the penalty for the crime of hog stealing.
Mr. Mallette called the previous question. The call was sustained, and the main question ordered, and the motion lost.

The special order, being the consideration of the general tax act, it was taken up.
On motion of Matthews of Pike, the House went into Committee of the Whole for the consideration of the bill.
After some discussion, on motion of Mr. Miller, the committee arose, reported progress, and asked leave to sit again.

FRIDAY, FEBRUARY 9, 1877.

427

The House again went into Committee of the Whole for the further consideration of the bill.
After some discussion, the committee arose, reported the bill back to the House, as amended, and proceeded to the further consideration of the bill.
On motion of Mr. Whittle, the House proceeded to the consideration of the bill by sections.
The amendments proposed by the Committee on Finance were agreed to, and the section adopted.
The second section was then taken up. Mr. Walsh called the previous question on the second section and amendments thereto. Mr. Walsh withdrew his call. Mr. Branch called the previous question on the amendment to tax insurance agents $10. The call was sustained, and the amendment adopted.

Leave of absence was granted Messrs. Born, Stewart of Milton, Vick and Moore.

The House then adjourned to 7! o'clock P.M.

NIGHT SESSION.

The House reassembled.

7! O'CLOCK P.M.

The roll was called and a quorum found present.

The special order being the further consideration of the tax act, it was resumed.
The further consideration of the second section was resumed.
Mr. Walsh moved that the bill be postponed and made

428

JouRNAL oF THE HousE.

the special order for to-morrow morning on the reading of the Journal.
The motion prevailed.

The regular order being the reading of House bills the third time for final distribution, was taken up and the following bills were so read and disposed of as follows :
By Mr. ColleyA bill to change the oath of grand jurors, and for other purposes. Amended and passed. By Mr. Pickett of GilmerA bill for the relief of James R. Johnson and others. The House went into committee of the whole, the bill was considered, reported back, and passed as amended. Leave of absence was granted the Committee on Agriculture. By Mr. DudleyA bill to prohibit the sale of liquor within three miles of Sugar Valley Baptist Church in Gordon county. Passed. By Mr. WilkesA bill to restrict the rate of interest in this State. Lost.

Mr. Stewart of Taylor, moved to take from the table a bill to repeal an act creating a State Board of Health.
Before a vote was taken on the same the motion was withdrawn.

By Mr. BornA bill to prohibit the sale of intoxicating liquors within two miles of Midway Church, in Gwinnett county. Passed as amended. By Mr. Brown of UpsonA bill to incorporate the town of The Rock, in the county of Upson:

FRIDAY, FEBRUARY 9, 1877.

429

Passed. By Mr. HammondA bill to amend an act to incorporate the town of Boston, in the county of Thomas. Passed. Also, a bill to amend an act to provide for probate of wills in this State which have already been proved in foreign countries. Passed. By Mr. Stewart of SpaldingA bill to authorize the Ordinary of Spalding county to keep his office at any place within the corporate limits of the city of Griffin. Passed. Also, a bill to amend the charter of the city of Griffin, so far as relates to the fees of city sexton. Passed. By Mr. Black, A bill to incorporate the Georgia Chemical Works, and for other purposes. Amended and passed. Also, a bill to amend an act to incorporate the Augusta Savings Institution. Upon the passage of this bill a constitutional majority of two-thirds being required, the vote was taken by yeas and nays.
&
Those voting in the affirmative are, Messrs.-

Adams of Chatham, Harden,

Pilcher,

Adams of Lee,

Hillyer,

Polhill,

Almon

Hollis,

Puckett,

Black,

Hogan of Carroll, Ragsdale,

Blood worth,

Hutchins

Rawlins,

Bowen,

Johnston,

Reece,

Branch.

Jones of McDuffie, Roberson,

Brewer,

Jordin of Hancock, Robson,

430

JouRNAL OF THE HousE.

Bunts,

Key,

Shaw,

Burch of Thomas, Knox

Sikes,

Candler,

Mallette,

Simms,

Carter,

Matthew8 of Pike, Smith of Echols,

Causey,

Matthews of Talbot Smith of Walton,

Corker,

Maund,

Smith of Tatnall,

Cox of Bryan,

McAfee,

Smith of Butts,

Davis of Stewart, McDonald,

Stanford,

Dozier of Quitman, Mcintyre,

Stewar.t of Taylor,

Dudley,

McGar,

Stewart of Spalding

Duggar,

Murray,

Thomas,

Dews,

Northen.

Turner,

Faircloth,

Ottis

Wade,

Fletcher,

Owenby,

Walton of Burke,

Fort,

Pearson,

Walsh,

Freeman,

Penn,

Wall,

Fry,

Perkins,

Wise,

Gray,

Phillips of Carroll, Wilkes,

(;)over of Jones, Pickett of Rabun, Whittle,

Hammond,

Pickett of Gilmer, Willingham.



Those voting in the negative are Messrs.-

Bennett,

Green

Davis of Houstvn, Kendrick,

Fortner,

Kimsey,

North, Stokely,

Those not voting are Messrs.-

Allred, Anderson, Atwood, Awtry Bacon of Liberty, Benson, Blue, Born, Brockett, Brown of Upson,

Grant, Gresham Glover of Twiggs, Goodrum, Guyton. Harrell, Harralson, Hogan of Monroe, Hood Hughes,

Peek, Phillips of Cobb, Pope, Price, Reid of Morgan, Reid of Putnam, Richardson, Roper, Rouse, Russell,

FRIDAY, FEBRUARY 9, 1877.

431

Brown of Fayette, Burch of Elbert, Callaway, Carlt-:>n, Case, Cloud, Cochran, Colbert, Colley, Collins, Cox of Troup, Davison, Davis of Bibb, DeLoach, Dozier of Harris, Dnke, Evans, Frederick,

Humber, James Jones of Polk, Jordan of Pulaski, :Kennon, Kirby, Lang, Leach, Marshall, McRae, Miller Mobley, Moore, Moses,
Peacoc~,
Payne, Pan!,

Yeas, 84. Nays, 7. Not voting, ~4.

Scruggs, Sheffield of Early, Sheffield of Miller, Smith of Oglethorpe, Stewart of Milton, Strickland, Taylor, Tumlin, Turnbull, Vick, Walton of Harralson, Willis. Wilson, Wooldridge, Williams. Wolihin, Wilcox.

So the bill was passed by the required two-thirds vote.

The following bill was taken up and read a second time, to-wit:
A bill to provide for the issuing and recording of orders on the Treasurer of Spalding county.

The reading of bills a third time was resumed, and the following bills were read a third time, and disposed of as hereinafter mentioned, to-wit:
By Mr. BlackA bill to regulate the elective franchise in municipal elections in the city of Augusta. Passed. By Mr. Walsh.......:.

432

JouRNAL oF THE HousE.

A bill to amend an act to incorporate the village of Summerville, in the county of Richmond.
Passed, by substitute. By Mr. Pickett of RabunA bill to establish a system of public schools for the county of Rabun. Passed as amended.

On motion of Mr. Bloodworth, the House p.djourned to 9 o'clock to-morrow morning.

ATLANTA, GEORGIA, SATURDAY, February 10, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. John Jones, the chaplain thereof.
The roll was called, and a quorum found to be present.
Mr. Willis, chairman of the Committee on Journals, reported the Journal of yesterday, read and approved.
The Journal was then read.
The special order being the further consideration of the general tax act, it was taken up.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof: Mr. Speaker:
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:

SA'lURDAY, FEBRUARY 10, 1877.

433

A bill to provide for the holding of a convention of the people of Georgia for the purpose of revising the Constitution of this State.

The Senate has agreed to the following resolution, in which they ask the concurrence of the House of Representatives, and upon the part of the Senate have appointed, on such committee, Messrs. Cabaniss and Furman, to-wit ;
A resolutionTo appoint a committee to examine into the business of both Houses and report a resolution for as early an adjournment as is consistent with the public service.

Section second of said act being under consideration, the same was adopted with the several amendments proposed thereto by the Committee of the Whole.
Section third of the said act was then taken up, together with the amendment proposed by the committee, to strike out the proviso of said section.
On this section Mr. Jordan of Hancock called the previous question, which call was sustained and the nrain question ordered.
The amendment proposed by the committee was then adopted.
Mr. Walsh moved to reconsider so much of the action of the House as relates to the adoption of the amendment to strike out the proviso to the third section.
After some discussion on the motion, Mr. Jordan of Hancock, called the previous question, the call was sustained, and the main question ordered, and the motion was lost.
Mr. Richardson offered the following resolutbn, which was adopted, to-wit :
A resolutionThat speeches on the bill now before the House be limited to five minutes.
28

434

JouRNAL OF THE HousE.

The fourth section of the bill was read, and the following amendment was offered by Mr. Jordan of Hancock; to insert in the second line of the section, after the word "companies," the words, ''lightning rod companies," which amendment was adopted.
The House proceeded to the consideration of the fifth section, and the amendments proposed by the committee were adopted.
The following amendment was offered by Mr. Jordan of Hancock, and adopted, to-wit: to insert between the word "companies" in the third line, and the word shall, the words "lightning rod companies and all palace car and sleeping car companies."
Section six, seven, eight, nine and ten wt>re read.
Section eleven was taken up and on the first amendment proposed by the committee, to strike out the words ''corporation or " in the second line. Mr. Robson called the previous question which was sustained, and the main question was ordered and the amendment was adopted.
Sections twelve and thirteen were read and no amendments were offered.
Mr. Moses offered an amendment to the bill to be callt:d section fourteen, which amendment was adopted.
The last section was then read and the bill was passed as amended.

The following message was received from the Senat~ through Mr. Harris the Secretary thereof.
Mr. SpeaktT: 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 change and regulate the school system in the counties of Ware, Echols and Clinch.

SATURDAY, FEBRUARY 10, 1877.

435

The Senate has passed the following bills of the House of Representatives, to-wit :
A bill to create a board of commissioners of roads, public buildings and public property and finances for the counties of Warren and Taliaferro.
Also, a bill to amend section 2, 009 of the Code of Georgia.
Also, a bill to repeai an act to create a County Court for the county of Newton.
Also, a bill to amend an act to regulate the per diem pay of jurors in Schley, Whitfield, Jackson and Clayton.
Also, a bill to amend an act to organize a Criminal Court for the counties of DeKalb, Henry and Sumter, so as to apply to the city of Barnesville, in Pike county.
Also, a bill to amend an act to create a board of commissioners for the county of Heard.
Also, a hill to ratify and confirm the orders or decrees of the Superior Courts of this State, granting or renewing the existence of corporations, and for other purposes.
Also, a bill to repeal an act to provide for the payment of the claims of school officers and teachers for services rendered in the year 1871, so far as the same relates to the county of Rabun.
Also, a bill to amend an act to create a board of commissioners of roads and revenue for the counties of Thomas, Camden and Echols, so far as the same relates to the county of Thomas.
Also, a bill to repeal an act to provide for a board of commissioners for the county of Tatnall.
Also, a bill to fix the fees of the County Treasurer, and the per diem of jurors, and bailiffs in attendance on the Superior Court of Upson.
Also, a bill to repeal an act to organize a Criminal Court in the counties of Marion, Talbot and Chattahoochee, and other counties in this State, so far as the same relates tQ the county of Schley.

436

JouRNAL OF THE HousE

Also, a bill to amend an act to prohibit the killing of partridges, wild turkeys and deer, at certain seasons, in the counties of Lowndes, Thomas and Putnam, and to extend the provisions of said act to the county of Washington.
Also, a bill to repeal an act assented to on the 20th February, 1873, to compel the Tax Collectors of the counties of Burke and Monroe to receive any debt, due by said counties, in payment of taxes due by them, so far as it relates to the county of Monroe:
Also, a bill to amend certain acts regulating the pay of jurors; and providing for the extra compensation of county officers, and the payment of insolvent costs claimed against the county of Effingham.
Also, a bill to change the county line between the counties of Wilcox and Pulaski.
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 pay of jurors and bailiffs of Paulding county.

The Senate has agreed to the following rf':solution, in which they ask the concurrence of the House of Representatives, to-wit:
A resolutionTo appoint a joint committee to examine the business of the two House<>, and report a resolution for as early an adjournment as is consistent with the public service.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report ;
Mr. Speaker: The Committee on Enrollment report as duly enrolled
and signed by the Speaker of the House of Representatives

SATURDAY, FEBRUAR~ 10, 1877.

437

and President of the Senate, and delivered to His Excel-

lency the Governor, the following act:

An act to pre'>cribe the mode of granting license to sell

intoxicating liquors in the town of Buena Vista, Marion

county.

W. W. PAYNE, Chairman.

Mr. Carlton, chairman of the Committee on Finance, submitted the following report:
Mr. Speaker: The Committee on Finance have had under considera-
tion the following bill, which they report back with certain amendments thereto, and recommend the same do pass, to-wit: (the committee recommend that 300 copies of the same be printed for use of the House)
A bill making appr0priations for the executive, legislative and judicial expenses of the government, and for other purposes therein mentioned, for the year 1877.

The committee have also had under consideration the following bills, which they recommend do pass, to -wit:
A bill for the relief of Julius A. Bagly, Tax Collector of the county of Pulaski.
Also, a bill to amend section 864 and to repeal section 869 of the Code.
Also a bill to refund to the New England Mutual Life Insurance Company of Boston, Massachusetts. tax collected by mistake.
Also, a bill for the relief of Geo. A. Greenwood, of Rabun county.

They have also had under their consideration the follow ing bills, which they recommend do pass, as amended, towit:
A bill for the relief of John R. Hough. Also, a bill to regulate the commissions of County Treasurers in this State.

438

JouRNAL oF THE HousE.

They have also had under consideration the following bill, which they recommend do pass, by substitute, to-wit;
A bill to consolidate the county offices of Laurens county, and to provide for the compensation for the duties of the same.

They have also had under consideration the following bill, which they recommend be referred to the Judiciary Committee, to-wit:
A bill to authorize the payment of insolvent costs due to Evan P. Howell, late Solicitor General of Fulton county.
Also, a bill to repeal the third section of an act approved M~rch 4th, 1875, entitled an act to amend an act entitled an act to establish a City Court in the city of At lanta, approved December 15th, 1871, approved February 25th, 1874, and also to repeal an act entitled an act to amend third section of an act entitled an act to establish a City Court in the city of Atlanta, approved March 4th, 1875, and to ratify acts done under sa1d act, approved February 25th, 1876, and for other purposes.

They have, also, had under consideration the following bills, which they recommend do not pass, to-wit:
A bill for the relief of J. A. Barrett, of the county of Morgan.
Also, a bill for the relief of Charles H. Baker and Jacob Wise, of the county of Bryan.
Also, a bill for the relief of John H. Stonebridge, Tax Collector of Baldwin county.
Also, a bill to repal an act creating the office of State Geologist in this State.
Also, a bill to fix the compensation of jurors and bailiffs in Johnson county.
Also, a bill to define the duties of the Ordinary of the county of Fulton, and for other purposes.
Also, a bill for the relief of L. M. Wilson.

SATURDAY, JANUARY 10, 1877.

439

Also, a bill to authorize the Treasurer to pay interest on the North and South Railroad bonds, and the Memphis Branch Railroad bonds.
They have also had under consideration the following bill, which they recommend do pass by substitute, to-wit :
A bill to authorize the issue of bonds of the State, for the purpose of exchanging them for the recognized Macon and Brunswick first mortgage bonds, amounting to one million nine hundred and fifty thousand dollars, endorsed by the State.

They have also had under consideration the Augusta and Knoxville Railroad Company, which they recommend do pass as amended.
CARLTON, Chairman.

Mr. Ottis, from the Joint Committee on Public Printing, submitted the following report:
Mr. Speaker:
The Joint Committee on Public Printing have had under consideration the following bills, which I am directed to report back to the House, with a recommendation that they do not pass, to- wit :
A bill to create Commissioners of Public Printing; to authorize them to advertise for sealed proposals to do the public printing, and for other purposes.
Also, a bill to change the mode of appointing the Public State Printer, and for letting out the public printing to the lowest bidder.
Also, a bill to abolish the office of Public Printer, and create the office of Superintendent of Public Printing.
The Joint Committee on Public Printing have also had under consideration a resolution, instructing said committee to inquire and report if any legislation is necessary to require the Public Printer to print all pamphlets, including the journals of both Houses, in solid matter, and that the

440

JOURNAL OF THE HOUSE.

printing of the yeas and nays be printed in running lines, instead of the manner now in use.
I am directed by said Joint Committee to report the re~olution back, with the recommendation that no legislation is necessary in the premises.
N. G. 0TTIS, Of the Joint Committee on Public Printing.

Mr. Thomas, chairman of the Committee on New Counties and County Lines, submits 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 be entitled an act to change the lines between the counties of Fulton and Clayton.
Also, a bill to be entitled an act to change the lines between the counties of Randolph and Calhoun.
Also, a bill to be entitled an act to cha!lge the lines between the counties of Mrmtgomery and Telfair.
The have also had under consideration the following bill, which they recommend do pass, with an amendment, towit:
A bill to be entitled an act to lay out and organize a new county from the counties of Coweta, Fayette and Meriwether, and attach the same to a Judicial Circuit, Senatorial District and Congressional District, and for other purposes.

They have also had under consideration the following bill, which they recommend do not pass, to-wit :
A bill to be entitled an act to change the line between the counties of DeKalb and Fulton.
Respectfully submitted, W. W. THOMAs, Chairman.

SATURDAY, FEBRUARY 10, 1877.

441

The Committee on the Academy for the Blind submits the following report:
Mr. Speaker: The Joint Sub-Committee of the Senate, and House
Committee on the Academy for the Blind, to whom was assigned the pleasant duty of visiting and examining said institution, beg leave to make the following report:
Your committee have visited the institution and, after thorough examination, find it in an admirable condition. The repairs have been thorough, from basement to roof, exhibiting a neatness and cleanliness highly commendable. Prof. Williams is a faithful superintendent and, in our opinion, entitled to the confidence he so justly merits of the people of Georgia, and especially of parents who have unfortunate defectives under his kind and humane supervision.
The Board of Trustees meet once a month, and scrutinize every item of expenditure. Prof. Williams is the disbursing agent and is responsible to the trustees, and required by them to make regular monthly reports.
The last Legislature appropriated four thousand dollars for building a workshop and for repairs, which, in the opinion of the committee, was wi~ely expended. By the erection of such a building, the unfortunates can be taught the mechanic arts.
Your committee find, on an exhibit of the books of the institution, a balance of two thousand sixty-six dollars and thirty-seven cents, at the end of the fiscal year. The expenses of the institution for the year 1874 amounted to $12,075.84; for 1875, $1~,081.90; for 1876, $12,600.63. The increase in expenses for the year 1876 is owing to the fact that it was neeessary to furnish the institution with a new piano.
All of the children in the institution come under the pauper test, except two. The Board of Trustees ask an appropriation of thirteen thousand five hundred dollars for

442

JouRNAL OF THE HousE.

this year. The five hundred in addition to last year for the purpose of building a cistern for the better protection of the property from fire, which your committee hope will be granted. Arrangements have been made to admit blind persons of color, who are not too old to be instructed in the mechanic arts.
In conclusion, your committee take pleasure in saying that the Board of Trustees have discharged their duty with fidelity, and the people of this State owe a debt of gratitude to Prof. Williams for his efforts in making this one of the best institutions in the country.
All of which is respectfully submitted. L. T. DOZIER,
Chairman House Committee.

Mr. Carlton, chairman of the Committee on Finance, submitted the following report:
Mr. Speaker: The Committee on Finance have had the following bill
under consideration, which they recommend do pass, by substitute, to-wit :
A bill to authorize the Governor to issue certain bonds of the State of Georgia, and for other purposes.

Also, the following bill, which they recommend do pass, as amended:
A bill to amend the tax laws, and to secure a correct and uniform valuation of property.

Also, the following resolutions, to-wit: A resolution to pay the expenses incurred by the Washington Dragoons during the insurrection in Washington county. Also, a resolution to pay the expenses incurred by the Buckeye Guards in this State during the insurrection in the year 1875.

SATURDAY, FEBRUARY 10, 1877.

443

Also, a resolution to pay expenses incurred by the Burk Hussars for services rendered during the insurrection in this State in 1875.
Also, a resolution to pay the Washington Rifles for expenses incurred during the insurrection in the counties of Washington, Burke and Johnson-
For which the committee report the following bill, and recommend that the same do pass :
A bill to provide money to pay the expenses incurred in the counties of Washington, Burke and Johnson in suppressing an attempted insurrection in said cc>unties, and for other purposes.
H. H. CARLTON, Chairman.

On motion of Mr. Carlton, two hundred copies of the general appropriation bill were ordered to be printed for the use of the House.

The House then proceeded to the consideration of the special order, to-wit:
A bill to establish a Normal Department in the North Georgia Agricultural College, at Dahlonega, and for other purposes.
On motion of Mr. Price, the House went into Committee of the Whole, for the consideration of said bill.
Mr. Davis of Houston, chairman of the Committee of the Whole, reported the bill back, with the recommendation on the part of the committee, that it do not pass.
The report of the committee was agreed to, and the bill was lost.

On motion of Mr. Moses, the use of the Hall;of Representatives was given to Peterson Thweatt, Esq., to-night at 7.30 o'clock, to deliver an address to the members, on the merits of his claim against the State.
Mr. Carlton, chairman Committee on Finance, moved

444

JouRNAL oF THE HousE.

that the rules be suspended, to allow the introduction of a bill reported by said committee.
The rules were suspended, and the following bill was read the first time, and ordered to be engrossed, to-wit:
A bill to provide money to pay the expenses incurred in the counties of Washington, Burke and Johnson, in suppressing an attempted insurrection in said counties.

On motion of Mr. Stokely, the rules were suspended to allow the introduction of the following bill, reported by the Special Committee on Reduction of Judicial Circuits.

The House then adjourned to 3.30 o'clock this afternoon.

AFTERNOON SESSION.
3! o'cLOCK P. M. The House met pursuant to adjournment, and was called to order by the Speaker.
On motion, the call of the roll was dispensed with.
Under suspension of the rules, the following bill was introduced by Mr. Stokely, and read the first time, andreferred to the Committee on Judiciary, towit:
A bill to fix the number of Judicial Circuits, to designate the counties composing the same, and for other purposes.
Mr. James, chairman of the special Committee on Abolition of Public Offices, made the following report: Mr. Speaker:
The following members of the committee appointed un der a joint resolution, creating a joint committee to inquire

SATURDAY, FEBRUARY 10, 1877.

445

into what offices may be abolished, and what salaries of officers may be reduced, and other matters looking to retrenchment and reform, beg leave to submit the following report:
After extensive investigation concerning matters referred to them, we find that, in the opinion of the committee, the number of Judicial Circuits may be reduced to the number of sixteen, and thus reduce the expenditures of the public money a large sum.
That also the office of Compiler of the Laws might be dispensed with to the advantage of the finances of the State, and without detriment to the proper publication of the laws, by making the, Public Printer ex-officio compiler of the laws, by an addition to his pay as Public Printer of some two hundred and fifty dollars, thus saving to the State, annually, five hundred dollars.
That also the office of Superintendent of Public Buildings may likewise be dispensed with, without any injury to the public; and in this opinion we are sustained by His Excellency, and thus a saving to the State of the salary of this officer, amounting to-~
In our investigations as to what salaries may be reduced, we find, in the opinion of this committee, that the clerks connected with the various offices of the Executive Department are paid too much. The clerks in the Secretary of State's office are paid sixteen hundred dollars, which salary we think should be reduced to fifteen hundred dollars; the clerks in the Comptroller's office are now paid sixteen hundred dollars each, which salary, in the opinion of this committee, should be reduced to fifteen hundred dollars each.
The committee find, further, in their opinion, that owing to the fact the Reporter of the Supreme Court, by law, has the exclusive right to publish and sell the reports of that court, by which it is made very lucrative to such officer, said officer should not be paid from the public

446

} OURNAL OF THE HoUSE

treasury any salary, as the profits of the sale of such reports is a sufficient compensation for the services rendered.
That in the opinion of your committee, the expenses connected with the clerical department of the Legislature are unnecessarily large, and can, and ought to be, reduced more than one-half of what has been heretofore expended in that way. To accomplish this, we think the number heretofore employed should be reduced, and proper steps taken to guard against the payment of persons as clerks who never rendered any services as such, or if any, very little, and yet get pay for a whole session.
And the committee further believe from the information which they have been able to obtain, that the cost of the Public Printing is far in excess of what it might be done for, and the committee would call the special attention of the Legislature to this subject, and ask that the same may be closely scrutinized, and such legislation be had as will secure the State against what seems to your committee reckless extravagance. The appointment of variouc; committees charged with many of the matters that might have come within the purview of this committee to a large extent relieved us of further report upon the matters, for the consideration for which this committee was organized.
The committee respectfully ask to be discharged from urther service upon such committee.
Respectfully,
HARRISON,
Chairman Senate Committee. D. C. Couv,
Senator 24th District.
J. H. }AMES,
Chairman House Committee.
J. T. HARALSON.

Mr. Dews, from the Committee on Judicial Circuits, submitted the following minority report, to-wit:

SATURDAY, FEBRUARY 10, 1877.

447

Mr. Speaker :

The undersigned, members of the committee appointed

to inquire into the practicability of reducing the number

of Judicial Circuits, dissent from the report of the majority

of said committee, in favor of the abolition of the Augusta,

Albany, Rome and Oconee Circuits, and submit that the

recommendation of said committee is impolitic and unwise.

[Signed,]

W. W. DEWS.
J. R. FREEMAN.

D.]. McRAE.

Mr. Stewart of Spalding, chairman of the Committee on the Judiciary, submitted the following report:
Mr. Speaker:
The Committee on the Judiciary have had under consideration the following bills, and recommend that the same do pass, to-wit :
A bill to be entitled an act to pay John Sapp, sheriff of Chattahoochee county, insolvent cost for the year 1876
Also, a bill to be entitled an act to exempt from jury and road duty the licensed pilots of the county of Camden.
Also, a bill to be entitled an act to amend section 4, 716 of the Code, in relation to the form of warrants.
Also, a bill to be entitled an act to repeal an act to provide for the payment of certain insolvent costs in the county of Clayton, approved February 25, 1875.
Also, a bill to be entitled an act to regulate and control certain convicts in the county of Bibb.
Also, a bill to be entitled an act to create a board of commissioners of roads and revenue for the county of Jackson.
Also, a bill to be entitled an act to amend an act entitled an act to make the Tax Collector of Douglas county exofficio Treasurer of said county, and for other purposes, approved March 4, 1875.

448

JOURNAL OF THE HOUSE.

Also, a bill to be entitled an act to repeal an act, so far as it relates to the county of Floyd, entitled an act to amend an act entitled an act for the protection of deer, partridges and wild turkeys in the counties of Chatham and Bryan, and to make the killing and trapping of the same in said counties a penal offense during certain seasons of the year, and for other purposes, so as to include Camden, Bartow, Putnam, and Floyd counties.
Also, a bill to be entitled an act to amend certain acts regulating the pay of jurors, and providing for the extra compensation of county officers and the payment of insolvent costs claimed against the county of Effingham, approved February 17, 1876, and February 23, 1876.
Also, a bill to be entitled an act to facilitate the collection of tax executions.
Also, a bill to be entitled an act to abolish the County Court of Twiggs county.
Also, a bill to be entitled an act to repeal an act to regulate the sale of spirituous, vinous and malt liquors in the counties of Floyd. Dade, Polk, Chattooga, Whitfield, Walker, Hall, 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 relates to the city of Rome, in the county of Floyd.
Also, a bill to be entitled an act to repeal an act to prevent fishing in the waters of the county of Worth with seins, gill nets, or otherwise, except as hereinafter provided.
Also, a bill to be entitled an act to amend section 1,407 of the Code, so as to allow any person who has received a diploma from any incorporated college to practice medicine, to allow him to keep a drug or apothecary store, and for other purposes.

Your committee have also had under consideration the

SATURDAY, FEBRUARY 10, 1877.

449

following bills, and they recommend that the same do not pass, to-wit :
A bill to be entitled an act to authorize the Clerk of the Superior Court of Chatham county and the Clerk of the City Court of Savannah to require a deposit for the payment of costs, and for other purposes.
Also, a bill to be entitled an act to authorize affidavits in certain cases to be taken in other States, and for other purposes.
Also, a bill to be entitled an act to amend section 4,560 of the Code of 1873, in reference to prosecution for vagrancy, and for other purposes.
Also, a bill to be entitled an act to authorize the Ordi-
naries of this State to enter judgment and issue .ft. jas.
against administrators or executors, after citation, for all demands against them or the estate they represent.
Also, a bill to be entitled an act to amend an act establishing criminal courts in the counties of DeKalb, Henry, Carroll and Sumter, approved February 29, 1873, so far as it relates to the county of DeKalb.
Also, a bill to be entitled an act to authorize deputy clerks of the Superior Courts in this State to attest deeds, mortgages and all 'other conveyances, and to administer oaths.
Also, a bill to be entitled an act to authorize and require the commissioners of the town of Penfield, Greene county, to levy and collect an extra tax, to limit the amount, and define the objects of the same.
Also, a bill to be entitled an act to require clerks of the Superior Courts to keep open their respective offices from 9 o'clock A.M., until 4 o'clock P.M., on each day of the week except Sunday.
Also, a bill to be entitled an act to better enable the persons elected to fill the county offices in this State and counties in this State to give the security required by law, and for other purposes.
29

4.50

JOURNAL OF THE HOUSE.

Also, a bill to be entitled an act to repeal an act entitled an act to create a board of commissioners of roads and revenue in the county of Fayette, and to define their powers, and for other purposes.
Also, a bill to be entitled an act to authorize judges of Superior Courts to establish rules as to docketing causes and calling and settling causes for hearing in certain cases.
Also, a bill to be entitied an act to attach the county of Clayton to the Flint Judicial Circuit, and to change the time of holding the Superior Court of said county.
Also, a bill to be entitled an act to aid in the conviction of the theft of animals in the county of Camden.
Also, a bill to be entitled an act to require the Tax Collector and Receiver of the county of Douglas to pay moneys received by them over to the County Treasurer, all over and above their compensation therein mentioned.
Also, a bill to be entitled an act to provide a more expeditious and inexpensive manner of administering on small estates.
Also, a bill to be entitled an act to consolidate the offices of Tax Collector and Receiver of the county of Dawson.
Also, a bill to be entitled an act to amend the laws in relation to the City Court of Savannah, and for other pur poses.

Your committee have also had under consideration the following bills, to which they offer an amendment, and ask that the same, as amended, do pass, to-wit;
A bill to be entitled an act to alter and define the fees of Justices of the Peace and Notaries Public; also, the fees of constables of this State, and for other purposes therein contained.
Also, a bill to be entitled an act to provide for the sale of mortgaged property by the attorney named,in mortgage to divest all liens thereon, and to provide for the distribution of the proceeds of said sale, and for other purposes.

SATURDAY, FEBRUARY 10, 1877.

451

Your committee have also had under consideration : A bill to be entitled an act to authorize and require the registration of all voters in the county of Camden, and for other purposes therein mentioned, to which your committee offer a substitute, and ask that the same be adopted in lieu of the original.
JoHN D. STEWART, Chairman.

On motion of Mr. Stewart of Spalding, the rules were suspended, and in lieu of the regular order of business, the House took up Senate bills for a first reading, and House bills for a second reading.

The following Senate bill was read the first time, and referred as hereinafter mentioned :
By Mr. KutherfordA bill to repeal an act for the payment of insolvent cost to the Solicitor General of the Macon Circuit, so far as the same relates to Crawford county, and for other purposes. Referred to Committee on Judiciary.

Mr. Green, chairman protem. of the Committee on Enrollment submitted the following report :
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 act:
An act to create a board of commissioners of roads, public buildings and public property and finance for the counties of Warren and Taliaferro, and for other purposes.
]AMES A. GREEN, Chairman pto tem.

The following House bills were taken up ~nd read a sec ond time, to-wit :
A bill to abolish the office of Public Printer and create the office of Superintendent of Public Printing.

452

JOURNAL OF THE HOUSE.

Also, a bill to incorporate the Knoxville Railroad Company.
Also, a bill to compensate jurors of the counties of Washington, Lincoln, Screven, Gordon and Hall.
Also, a bill to change the county of Echols from the Brunswick Judicial Circuit to the Sourthcrn Circuit.
Also, a bill for the relief of John G. Switzer, and for other purposes.
Also, a bill to organize a Criminal Court for the county of vVashington.
Also, a bill to reduce the bond of the sheriff of Wilcox county.
Also, a bill to amend an act creating a County Court for Rockdale county.
Also, a bill to repeal an act fixing the compensation of certain county officers in the counties of Johnson and Washington, approved February 28, 1876, so far as relates to the county of Washington.
Also, a bill to amend the charter of the city of Dalton. Also, a bill to establish a board of commissioners for the county of Columbia. Also, a bill for the relief of G. W. Keith. Also, a bill to create a board of health for the city of Augusta. Also, a bill to change the time of holding the Superior Courts of the counties of Meriwether, Campbell and Fayette. Also, a bill to repeal an act for the protection of certain game in the counties of Chatham, Floyd and others, so far as the same relates to the county of Floyd. Also, a bill to amend the charter of Atlanta. Also, a bill to exempt from road and jury duty licensed pilots of Camden county. Also, a bill to pay John Sapp, late sheriff of Chattahoochee county, insolvent cost for the year 1876.

SATURDAY, FEBRUARY 10, 1877.

453

Also, a bill to abolish the County Court of Twiggs county.
Also, a bill to provide for the sale of mortgaged property by the attorney named in the mortgage, and for other purposes.
Also, a bill to repeal the act regulating the sale of intoxicating iiquors in the county of Floyd, and other counties named, so far as relates to the city of Rome in Floyd county.
Also, a bill to repeal an act to prevent fishing in the watersof Worth county, except in certain manner named in said act.
Also, a bill to pay 10 cents on the dollar for change bills is3ued by the Western and Atlantic Railroad during the war.
Also, a bill to repeal an act to fix the pay of grand and petit jurors of Emanuel county.
Also, a bill to amend so much of chapter 4., title 5, part 1, of the Code, in reference to County Courts and its officers, as relates to Houston county.
Also, a bill for the relief of George A. Greenwood, of Rabun county.
Also, A bill for the relief of John R. Hough. Also, a bill to authorize the Governor to issue certain bonds of this State. Also, a bill to refund to the New England Mutual Life Insurance Company of Boston, taxes collected by mistake. Also, a bill for the relief of Julius A. Bagly, Tax Collector of the county of Pulaski. Also, a bill to prohibit the sale of intoxicating liquors within two miles of Union Church, Monroe county. Also, a bill to amend an act incorporating the town of Social Circle, Walton county. Also, a bill to abolish the office of Treasurer of Twiggs county.

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JouRNAL OF THE HousE.

Also, a bill to regulate the bond and define the duties of Tax Collector of Richmond county.
Also, a bill to repeal an act creating a County Court for the counties of this State.
Also, a bill to amend the tax laws so as to secure a C')rrect and uniform valuation of property.
Also, a bill to am end section 4, 716 of the Code. Also, a bill to amend section 869 of the Code. Also, a bill to authorize the State Treasurer to pay R. E. Wilson, clerk of committee to investigate the conduct of the auditing board of the Western and Atlantic Railroad Company.
Aiso, a bill to amend section 798 of the Code.
Also, a bill to amend an act regulating the sale of intoxicating liquors within two miles of Jacksonville, and two miles ofTrinity, and Fletcher Chapels, Meriwether county.
Also, a bill to authorize the mayor and council of the city of Macon to issue certain bonds and to amend the charter of said city.
Also, a bill to prohibit the sale of intoxicating liquors within four miles of Lebanon church, Macon county.
Also, a bill to repeal an act regulating the sale of spirituous liquors in Floyd, Polk and other counties so far as relates to Polk county.
Also, a bill to make penitentiary convicts liable to road duty.
Also, a bill to change the time of holding the superior court of Dodge county.
Also, a bill to prohibit the collection of more than fifty per cent. on State tax for county purposes for Jackson county.
Also, a bill to create a commissioner of fish and fisheries in this State.
Also, a bill to consolidate the county oflkes in Laurens county ::tnd for other purposes.

SATURDAY, FEBRUARY 10, 1877.

455

Also, a bill to change the line between the counties of Fulton and Clayton.
Also, a bill to repeal an act to prohibit the sale of intoxicating liquors in Lawrenceville, Gwinnett county.
Also, a bill to reduce the bond of the sheriff of Dade county.
Also, a bill to provide a form of government for the institution for the deaf and dumb.
Also, a bill to amend an act incorporating the town of Spalding, Macon county.
Also, a bill to repeal a certain section of an act incorporating the city of Rome, Floyd county.
Also, a bill to authorize and require the Ordinary of Fulton county to pay off certain jury certificates, issued by the City Court of Atlanta.
Also, a bill to fix the per diem for grand and petit jurors for Baker county.
Also, a bill to declare the line between the counties of Newton and Jasper.
Also, a bill to amend an act creating a court for the counties of this State, so far as relates to the county of Macon.
Also, a bill to provide for the payment of the claim of Katie Pickett, of Webster county.
Also, a bill to prohibit the sale of intoxicating liquors within one mile of the court-house of Towns county.
Also, a bill to effect a more speedy service of mesne process in certain cases named.
Also, a bill to limit the pay of Treasurer of Fulton county.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Senoia, Coweta county.
Also, a bill to repeal so much of section four of an act incorporating the town of Duluth, Gwinnett county, as relates to the sale of spirituous liquors in said town.
Also, a bill to incorporate the town of Suwannee in the county of Gwinnett.

456

JouRNAL OF THE HousE.

Also, a bill to amend section 1,407 of the Code. Also, a bill to amend an act to prevent the killing of game in the counties of Muscogee, Lincoln and Baldwin. Also, a bill to require the Ordinary of Fulton county to furnish chambers for the Judge of the Superior Court of said county. Also, a bill to define and alter the fees of justices and constables in this State. Also, a bill to amend section 1,431 of the Code of 1873. Also, a bill to exempt from road and jury duty and poll tax members of the volunteer companies of Fulton county Also, a bill to change the line between the counties of Montgomery and Telfair. Also, a bill to amend an act to define the corporate limits of the city of Griffin and limit the number of officers of the same. Also, a bill to amend an act to incorporate the city of Dawson, Terrell county. Also, a bill to abolish the County Court of Dodge county. Also, a bill to repeal an act amending an act to organize a Criminal Court for Marion and other counties, so far as relates to Crawford county. Also, a bill to incorporate the Laurel Mills Manufacturing Company. Also, a bill to amend an act regulating the sale of spirituous liquors within two miles of Villa Rica, Carroll county. Also, a bill to protect the farmers of Charlton county so as to embrace the county of Camden. Also, a bill to repeal an act for the payment of certain insolvent costs of Clayton county. Also, a bill to regulate and control certain convicts in the county of Bibb. Also, a bill to regulate the commissions of County Treasurers in this State.

SATURDAY, FEBRUARY 10, 1877.

457

Also, a bill to change the line between the counties of Randolph and Calhoun.
Also, a bill to change the line between the counties of Baker and Calhoun.
Also, a bill to change the line between the counties of Floyd and Gordon.
Also, a bill to amend an act making the Tax Collector of Douglas county ex-offido Treasurer of said county.
Also, a bill to create a board of commissioners of roads and revenues of the county of Jackson.
Also, a bill to facilitate the collection of tax executions. Also, a bill to prescribe a stock law for certain territory lying on the Chattahoochee river in t!1e county of Gwin nett. Also, a bill to exempt the members of the Hardwick Mounted Riflemen, of Bryan county, from road duty. Also, a bill to authorize and require the registration of all voters in the county of Camden. Also, a bill ro incorporate the Methodist Episcopal Church South near Graysville, Catoosa county. Also, a bill to change the line between the counties of Whitfield and Catoosa. Also, a bill to amend section 4,155 of the Code of 1873 Also, a bill to amend an act to incorporate the Direct Trade Union of Patrons of Husbandry. Also, a bill to repeal an act creating a board of commissioners for Baker county. Also, a bill to provide for the vote of the people of Baker county, on the question of removal of the courthouse of said county. Also, a bill to declare the A palachee river, in Greene and Morgan counties, a lawful fence. Also, a bill to amend an act to incorporate the city of Greensborough.
Also, a bill to amend the charter of the city of Columbus.

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JouRNAL OF THE HousE.

Also, a bill to govern and control the Lunatic Asylum, and to give the board of visitors certain po .ers.

The Senate bills for a first reading were then taken up. The following Senate bill was read a first time, and ordered engrossed, to-wit: By Mr. EnglandA bill to regulate and fix the compensation of county officers of the counties of Union, Towns and Rabun.

The following Senate bill was read a first time, and referred to the Committee on Agriculture::
.dy Mr. CliftonA bill to prevent obstructions to the passage of timber on Rocky and Crabb creeks, in Tatnall county.

Mr. Price, chairman of the Committee on Education, made the following report:
Mt. Speaker:
The committee on Education have had under consideration:
A bill to be entitled an act for the relief of teachers of public schools in the county of Stewart, for the year 1871, which the committee recommend do pass.
Also, a bill to be entitled an act to direct the appropriation made by the General Government to the State for the education of the industrial classes, and for other purposes, which the committee recommend do pass.
Also, a bill to be entitled an act to authorize the school
commissioners of Calhoun county to pay W. J. Hicks, for
teaching a public school in said county, which the committee recommend do not pass.
W. P. PRICE, Chairman.

The following Senate bills were read the first time and referred to the committee on Judiciary, to-wit:

SATURDAY, FEBRUARY 10, 1877.

459

By Mr. W essolowskiA bill to :change the time of holding the Superior Courts ofthe counties of Baker, Calhoun and Decatur. By Mr. ReeseA bill to amend section 3297 of the Code. Also, a bill to amend sections 2537 and 2539 of the Code of 1873. Also, a bill to amend the claim laws of this State. Also, a bill to provide for the payment of certain insolvent costs in the Northern Judicial Circuit. Also, a bill to amend section 4712 of the Code ofl873. Also, a bill to prohibit the sale of intoxicating liquors within three miles of Danburg in Wilkes county. Also, a bill to amend the act of 1876 authorizing lease of Penitentiary convicts. By Mr. Slaue-hterA bill to amend section 151 of the Code of 1873. By Mr. McLeodA bill to prohibit the sale of intoxicating liquors within three miles of the Masonic Academy in the town of Swainsboro. Also, a bill to repeal an act to authorize the Justices of the Peace of Emanuel county to act as road commissioners. Also, a bill to amend section 1,563 of tho Code of 1873. Also, a bill to apportion the road hands in the counties of Emanuel and Johnson. By Mr. CabanissA bill to amend section 4,523 of the Code of Georgia. Also, a bill to amend 245 of the Code. Also, a bill to amend paragraph 7 of section 2, 533 of the Code of 1873. By Mr. BushA bill to amend an act to provide a board of commissioners for the county of Decatur. By Mr. BryanA bill to amend an act to organize a Criminal Cour

460

JouRNAL OF THE HousE.

for the counties of DeKalb, Henry, Carroll and Sumter, as far as relate to the counties of Henry and DeKalb.
Also, a bill to fix the compensation of tales jurors in the county of Henry.
By Mr. AsburyA bill to prohibit the furnishing of intoxicating liquors on days of election. Also, a bill to repeal an an act authorizing the Judge of the Superior Courts of theWestern Circuits to fix the compensation of Clerks of the Superior Court, Ordinaries, and sheriffs, of certain counties named, so far as relates to the county of White. By Mr. McDanielA bill to amend an act to enable parties to waive the homestead and exemption. Also, a bill to change the time of the commencement of the Fall Term of the Supreme Court, and for other purposes. By Mr. HowellA bill to authorize the Castle Rock Coal Company toreduce its capital stock, and for other purposes. By Mr. RagsdaleA bill to consolidate the offices of Treasurer and Clerk of the Superior Court of Paulding county. By Mr. CuretonA bill to extend the jurisdiction of Justices of the Peace and Notaries Public in the counties of Chattooga, Dade, Walker and Catoosa. By Mr. WessolowskiA bill to regulate the practice in the Supreme Court of Georgia. By Mr. LesterA bill to compel the municipal authorities of Savannah to discontinue the lazaretto established at Thunderbolt. By Mr. BlackA bill for the protection of creditors of estates in pro-

SATURDAY, FEBRUARY 10, 1877.

461

ceedings for setting aside the year's support to widows and

minors. Also, a bill for the protection of creditors of estates in
procceedings to assign dower.

Also, a bill to make it not unlawful to retail domestic wines by the manufacturers thereof in this State, and to

exclude the same from the operation of the license and

penal laws of the State.

Also, a bill to amend section 598 of the Code.

By Mr. Slaten-

A bill to prohibit the sale of spirituous liquors within

five miles of Statenville, in the county of Echols.

By Mr. Wilcox-



A bill to amend section 1, 099 of the Code of Georgia. Also, a bill to prohibit the sale of intoxicating liquors

within the 432d district G. M., in the county of Irwin. By Mr. Wilson-

A bill to allow a nolk ptosequt' to be entered in criminal cases with consent of the Court.

By Mr. ReidA bill to prohibit the sale of spirituous liquors within

the limits of Wilcox county.

By Mr. Mattox-

A bill to require the registration of voters in the county of Glynn.

By Mr. Newbern-

A bill to authorize Malcolm White, an infirm man of

Ware county, to peddle without license.

By Mr Mattox-

A bill to amend an act entitled an act to prohibit hunt-

ing on lands of another in the counties of Quitman and Camden.

By Mr. Brewster-

A bill to repeal an act to regulate the sale of spirituous

liquors in the counties of Floyd, Coweta, and other coun-

462

JouRNAL OF THE HousE.

ties, so far as relates to Newnan, in the county of Coweta. Also, a bill to amend section 375 of the Code. By Mr. O'DanielA bill to amend an act to organize a board of commis-
sioners of the county of Twiggs.

The following Senate bills were read the first time, and referred to the Committee on Education, to-wit:
By Mr. FeltonA bill to require county school commissioners to make annual reports to grand juries. By Mr. ShewmakeA bill to amend an act to regulate public instruction in the county of Richmond. By Mr. ReeceA bill to prrvide for appointment of school trustees in sub-districts.

The following Senate bills were read the first time, and referred to the Committee on Finance, to-wit:
By Mr. ReeceA bill to provide a fixed compensation for Comptroller General for certain services. Also, a bill to provide for compensation and selection of jurors in cases in which a county may be a party. Also, a bill to amend section 1,649 of the Code .By Mr. CuretonA bill to regulate the cvmpensation of Tax Collector and Tax Receiver of the counties of Dade, Walker and Catoosa. By Mr. ChastainA bill to repeal an act to consolidate the offices of Tax Collector and Tax Receiver of Gilmer county. By Mr. BrewsterA bill to amend section :3,574 of the Code. By Mr. Lester-

SATURDAY, FEBRUARY 10, 1877.

463

A bill to regulate the law of insurance in this State. By Mr. O'DanielA bill for relief of securities of Henry Martin, former Tax Collector of Twiggs county. By Mr. McDanielA bill to prescribe the mode of tax returns required to be made to the Comptroller General. By Mr. RagsdaleA bill to fix the per diem of jurors and constables in the counties of Paulding and Haralson.

The following Senate bills were read the first time, and referred to the Committee on New Counties and County Lines, to-wit:
By Mr. WilcoxA bill to change the line between the counties of Irwin and Coffee. By Mr. AsburyA bill to change the line between the counties of Lumpkin and White.

The following Senate bills were read the first time and referred to the Committee on Corporations, to wit:
By Mr. Brt!wsterA bill to incorporate the town of Grantville. By Mr. ShewmateA bill to incorporate the Georgia Chemical Works. By Mr. HowellA bill to incorporate the Georgia Chemical and Mining Works. Also, a bill to amend the charter of the Schofield Rolling Mill Company. By Mr. England---"A bill to amend an act to incorporate the Gaine~ville, Blairsville and Northwestern Railroad Company. By Mr. Bulloch-

464

JouRNAL oF THE HousE.

A bill to amend an act incorporating the town of Danielsville, in the county of Madison.
By Mr. DuBoseA bill to authorize the Dade Coal Company to call in certain outstanding bonds, and substitute others therefor. By Mr. LesterA bill to revive and amend an act incorporating the Barnard and Anderson street railroad, and for other purposes. By Mr. ReeceA bill to provide for the sale of railroad and bank. stock, and stocks of other incorporated companies. By Mr. DeadwylerA bill to amend the charter of Jefferson, in the county of Jackson.

The following Senate bills were read the first time, and referred to the Committee on Banks, to-wit:
By Mr. CabanissA bill to amend an act to incorporate the Capital Bank, of Macon, Georgia. By Mr. FreemanA bill to incorporate the Mount Airy Savings Bank, at Mount Airy, Georgia.

The following Senate bill was read the first time, and referred to the Committee on Military Affairs, to-wit:
By Mr. BryanA bill to amend an act for the relief of maimed and indigent soldiers.

. On motion, the House adjourned to 9 o'clock Monday morning.

MoNDAY, FEBRUARY 12, 1877.

465

ATLANTA, GEORGIA,
Monday, February 12, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found present.
Mr. Almon, from the Committee on Journals, reported the journal of Saturday read, correct and approved.
The Journal was then read.
Mr. Carlton, chairman of the Committee on Finance, submitted the following report:
Mr. Speaker:
The Committee on Finance have had under consideration the following bills, which they recommend do pass, to-wit;
A bill to be entitled an act to repeal so much of the act approved February 19, 1873, as requires one-half of the proceeds of the Western and Atlantic Railroad to be appropriated to public schools.
Also, the following bills, which they recommend do pass as amended, to-wit:
A bill to be entitled an act to reduce the fees of timber mersurers on the Satilla river, and for other purposes.
Also, a bill to be entitled an act to authorize His Excellency, the Governor, to purchase files of the Southern Recorder, and to provide for the payment of the same.
Also, a bill to be entitled an act to loan the credit of the State to the Elberton Air Line Railroad, and to provide for the indorsement of the State of their bonds, and for other purposes.
30

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JouRNAL-OF THE HousE.

Also, the following bills, which they recommend do not pass, to- wit :
A bill to be entitled an act to appropriate ten thousand dollars to the North Georgia Orphans' Home.
Also, a bill to be entitled an act to relieve \Vm. B. Lowe, Thomas Hooper and John W. Queen from all fur ther liability on the bond of T. J. Ledbetter, Tax Collector of Rabun county, for the years 1870 and 1871.
Also, a bill to be entitled an act to amend the tax laws of this State, as to express and telegraph companies.
Also, a bill to be entitled an act to appropriate the sum of sixty dollars to Daniel McKenzie, a wounded Confederate soldier of Franklin county, who lost an arm in the ser vice of the Confederate States, and who has never received an artificial arm, or the commutation in lieu of the same, under the act of March 12th, 1866.
Also, a bill to be entitled an act to amend section 889 of the Code, as to insolvent tax fi. fas.
Also, a bill to be entitled an act to prescribe the fees of Justices of the Peace and Constables in criminal cases in the connty of Chatham, and for other purposes.
H. H. CARLTON, Chrisman.

The Committee on Rules submitted the following report:
.Mr. Speaker:
The Commit tee on Rules have had under consideration the following rules and amendments, which they recommend be adopted by the House :
A rule to be known as Rule 19, on decorum and debate. Rule 19. Upon a motion to take from the table any matter there shall be no debate, nor shall there be any debate upon a motion to transmit any bill or resolution to the Senate on the day of the passage thereof. They propose to amend Rule 16, on decorum and debate, by adding the following words : When a motion to reconsider is laid upon the table, it

MoNDAY, FEBRUARY 12, 1877.

467

shall be in order to take the motion from the table during that day; if the motion is not taken from the table during that day, the motion to reconsider shall fail.
They recommend th:1t Rule 18, of the miscellaneous rules of the House, be amended by adding the following:
Senate amendments to House bills shall be in order for consideration with House bills for a third reading, according to the numbers of the bills so amended
A. 0. BACON, E~-officio Chairman. The report of the committee was agreed to, and the rules and amendments adopted.

Mr. Colley, chairman of the Committee on Military Affairs, submits the following report:
Mr. Speaker:
The Committee on Military Affairs has had under consideration the following bills, which they recommend do pass, to-wit:
A bill to be entitled an act to exempt Screven Troup from road and jury duty.
Also, a bill to be entitled an act to re-enact and declare of full force an act entitled an act to grant.certain privileges and powers to the Griffin Light Guards, in the city of Griffin, Spalding county, and other companies therein named, assented to December 22, 1857, so far as the same applies to the Sumter Light Guards, of the city of Americus, county of Sumter.

Also, the following Senate bill, which they recommend

do pass, to-wit:

A bill to be entitled an act to amend an act entitled an

act for the relief of maimed and indigent soldiers, approved

March 3, 1875.

F. H. COLLEY, Chairman.

Mr. Jordan of Pulaski, chairman of the Committee on Agriculture, submitted the following report:

468

JouRNAL OF THE HousE

.Mr. Speaket" :
The Committee on Agriculture have had under consideration the following bill, which they recommend do pass, by substitute, to wit:
A bill to render more effectual and economical the inspection and analysis of fertilizers, and to amend the laws in relation to the inspection, analysis, and sale of the same.
G. W. JoRDAN, Chairman.

The following message was received from the Senate through Mr. Harris, the Secretary thereof:

Mr. Speaker:

The Senate has passed the following bills, to-wit:

A bill to protect the people of the State of Georgia,

and all travelers and shippers of merchandise, from loss

and suffering and inconvenience by the illegal conduct of

employees of railroad companies.

Also, a bill to amend an act to regulate the traffic in

seed cotton in the counties of Decatur and Randolph, so

as to apply the provisions of said act to the counties of

Baker, Early and Calhoun.

Also, a bill to amend an act to organize a County Court

for the county of Habersham.

Also, a bill to prohibit the sale of spirituous liquors

upon the island of St. Simons, in the county of Glynn,

Also, a bill to amend section 4',527 of the Code of Geor-

gia.

.

Also, a bill to appoint an inspector of timber for Tra-

ders' Hill, on St. Mary's river.

Also, a bill to repeal an act to create a board of com-

missioners of roads and revenues for the county of Eman-

uel.

Also, a bill to incorporate the Atlanta Constitution Pub-

lishing Company.

Also, a bill to amend the road laws of this State, so far

as the same relates to the county of Fulton.

MoNDAY, FEBRUAR~ 12, 1877.

469

Also, a bill to authorize the Comptroller General to require of the Tax Receivers a return of all lunatics, epi leptics and idiots in each county of this State, and for other purposes.

The Senate has passed the following bills by a constitutional majority, to-wit:
A bill to amend the Constitution of this State. Also, a bill to alter and amend section second of article second of the Constitution, so far as relates to &e residence of voters.

Mr. Hood, Chairman of the Committee on Corporations, submitted the following report :
Mr. Speaker:
The Committee on Corporations have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to incorporate the Auraria Hydraulic and Mining Company of Lumpkin county.
Also, a bill to incorporate the Fish Trap Gold- Mining Company of Lumpkin county.
Also, the following bills that they recommend do pass as amended, to-wit:
A bill to incorporate the Collins Manufacturing and Power Company.
Also, a bill to incorporate the Gwinnett Manufacturing Company.

They have also had under consideration the following Senate bills, which they recommend do pass, to-wit:
A bill to amend the charter of Jefferson, in the county of Jackson.
Also, a bill to amend the act incorporating the town of Danielsville, in the county of Madison.
Also, a bill to authorize the Dade Coal Company to call

470

JouRNAL OF THE HousE.

in its oatstanding twelve per cent. bonds, and for other purposes.
Also, a bill to revise, continue in force, and amend an act entitled an act to incorporate the Bernard and Anderson Street Railroad, and for other purposes.
Also. a bill to amend the charter of the Schofield Rolling Mill Company.
Also, a bill to amend an act incorporating the town of Grantville, and for other purposes.
Also, the following Senate bills, which they recommend do pass, as amended, to-wit :
A bill to alter and amend an act entitled an act to incorporate the Gainesville, Blairsville and North-Western Railway.
Also, a bill to incorporate " The Georgia Chemical \Vorks."
A. Hoon, Chairman.

Mr. Fort, chairman of the special committee on Governor's Message, in reference to certain fees paid certain attorneys, made the following report:

Mr. Speaker :
Your committee, to whom was referred the message of his Excellency the Governor, in response to a resolution of the House requesting them to inform the House under what law the following amounts have been disbursed from the public treasury, and why employments hereinafter referred to were not made according to the provisions of section 63 of the Code :

McCay & Trippe, retainer................................. $2, 500

W. A. Hawkins, " ................................... 1,500

T. L. Snead,

" ................................... 1, 500

D. P. Hill,

" ............. .... .. ......... ....... 250

W. T. Newman, " .. ..... .................. ........ 200

S. Dutcher,

" .............. ,................... 500

MONDAY, FEBRUARY 12, 1877.

471

Beg leave to report that they have h:td said message and accompanying documents under consideration, and, after a careful investigation, they are of the oeinion that ex- Governor Smith, during his administration, was legally authorized to employ counsel in the case referred to, and that section 63 of the Code does not apply to cases in which said counsel were employed.
FoRT, Chairman.

Mr. Moses, from the same committee, made the following minority report :
MINORITY REPORT BY R. J MOSES.
Report that they have had under conEideration a resolution of the House of Representatives enquiring of his Excellency, the Governor, by what authority certain fees were paid out by his predecessor, and why the attorneys so employed were not employed under the provisions of section 63 of the Code, which is in these words: '' When.e\er the Governor of the State, after consultation with the Attorney General of the State, if there is such an officer, or without, if there is no such officer, shall deem it proper to institute a suit or suits for the recovery of a debt or debts due the State, or money or property belonging to the State in his opinion, he shall be and is hereby authorized and required to institute such suits in the proper court of this State, with no more restrictions on the right to sue than any other citizen for his own right or property, and with the same rights as any citizen before the acts of the Legislature of 18il, and to require the aid of the Attorney General of the State to begin and carry on such suits where practicable, and if not, some other suitable and competent attorney on such terms as to compensation as he may agree upon, but the fees of such attorney shalt be conditional.''
SEc. 22. When any suit is instituted against the State, or again!'t any person, in the result of which the State has an interest under pretense of any claim inconsistent with

472

JOURNAL OF THE HOUSE

its sovereignty rights or jurisdiction, the Governor shall in his discretio11, provide for the defense of such suit, unle~s otherwise specially provided for.
SEc. 369. (parg. 3.) Duties of Attorney General: "To attend, on the part of the State, to all criminal causes in any of the circuits, when thf' Solicitor General thereof is prosecuted, and to all other cnmi11al or civil causes to which the State is a party."
This is all the law that the undersigned can discover touching the questions at issue. Engagements on other committees prevented his being present with the committee, but he has had the pleasurl'! of reading the reply of his Excellency, e~-Governor Smith, and' the argument of Judge McCay, and regrets to say that he cannot concur with the legal propositions attempted to be estabiished by eithf'r documents.
The powers of the Governor are limited by the Constitution and Laws passed in pursuance thereof, and it is not in the province of the Governor to appropriate money without authority of law, even though in his opinion, the best interests of the State would be observed by making such appropriation in the absence of law. This proposition I take it is too clear to be denied, and the necessity for its existence.to prevent possible abuses, will I presume, be conceeded. It is only necessary to refer to the above laws, to establish the proposition that in section 63, there is an expre<;s prohibition upon the Governor to pay out of the Treasury any sum whatever, for the employment of counsel in any case for '' the recovery of a debt, or debts due the State, or money, or property belonging to the State."
Ex-Gov. James M. Smith in his communication seems to rely on the fact that the suit against J no. Jones, Treasurer, was "for damages," and not ''for a debt." My information is, that the suit is on the Bond of the Treasurer for a breach of its conditions in not having faithfully ac-

MoNDAY, FEBRUARY 12, 1877.

473

counted for moneys in ~is hands as Treasurer, and if this is so, it occurs to the undersigned that it is for the recov ery of a debt, and for the recovery of money belonging to the State, and therefore not only within the spirit, but within the very letter of the law.
And it occurs to the undersigned, that the limitation of authority upon the part of the Governor, is still stronger, because, a special act was passed by the Legislature for the bringing of a particular suit, the nature of which was fully understood by the Legislature, and yet, in directing the suit to be brought, the Legislature authorized no other employment than its Attorney-G<>neral, known to them to be one of the ablest lawyer's in the State, and fully capable of representing the State's interest, until another Legislature would assemble, and if it had been found necessary in the progress of the suit to employ additional counsel, further authority could have been given, and it is due to the patriotism of an honorable profession to believe, if any sudden emergency had arisen requiring additional counsel to defend the interests of the State, that such counsel could have been found who would have trusted to the justice of the Legislature to pay so much as their services might reasonably be worth.
The same remarks will apply with equal force to the cases of Blodgett and Bullock, ''criminal cases," which the Attorney General is specifically required to prosecute.
Where legal business has to be attended to out of the State, and its emergency is so great as not to permit of delay until the meeting of the Legislature, the Governor might very well employ counsel (for that is a case which under the 63d section, it is not practi.::able for the Attorney General to do so). In such cases the Legislature would justify the employment if the necessity existed, and compensate according to the value of the services.
In making this minority report, I desire it to be expressly understood that I form no opinion as to the value

474

JouRNAL OF THE HousE.

of services performed, as that point was not embraced in the resolution; nor is it my purpose, in any way, to criticise or censure the employment by ex Governor Smith in these particular instances, but merely to report, as my opinion, that the law limits the power of the Governor, and prohibits the employment of additional counsel, except on conditional fees, which condition, I presume, would be ''to trust to the justice of the Legislature to pay such compensation as services may be reasonably worth."
\Ve cannot always be assured that our Executive will be faithful to the best interests of the State ; a latitudinous construction of the power of employment, and the appropriation of public moneys against the law as limited, might, in corrupt hands become the source of great patronage, and might be used to an extent dangerous to civil liberty, and the undersigned respectfully suggests that the Legis lature ought to declare these employments unauthorized by law, even if they pass a law to confirm them, and if the present law is not broad enough to protect the interests of the State, a further law ought to be passed increasing, if necessary, but at the same time defining, the extent of Executive power. The undersigned deeply regrets that he cannot concur with the report of a majority of the committee. He feels that their differences are irreconcila. ble, and as he deems the precedent a dangerous one, he feels that it is due to himself to place before the House the reasons which influence him i.t making this minority report.
Respectfully,
R. J. MosEs, Chairman.

Mr. Hood, chairman of the Committee on Corporations, submits the following report:
Mr. Speaker: The Committee on Corporations have had under consid-

MoNDAY, FEBRUARY 12, 1877.

475

eration the following bill, which they recommend do pass,

as amended, to-wit:

A bill to incorporate the Georgia Land and Immigration

Company.

A. Hooo, Chairman.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:
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 act:
An an act to confirm the orders or decrees of the Superior Courts of this State granting or renewing the existence of corporations, with all action thereunder of any kind, by or with such corporation, and for other purposes.
Also, an act to repeal an act establishing a County Court of Newton county, and for other purposes.
Also, an act to change the county line between the counties of Wilcox and Pulaski.
Also, an act to repeal an act assented to 20th February, 1873, to compel the Tax Collectors of the counties of Burke and Monroe to receive any debt due by said counties in payment of taxes due them, so far as relates to the county of Monroe.
Also, an act to amend an act to prohibit the killing of partridges, wild turkeys and deer, at certain seasons, in the counties of Lowndes, Thomas and Putnam, in this State, approved February 28, J 876, and to extend the provisions of said act, and the amendments thereto, to the county of Washington.
Also, an act to fix the fees of Treasurer, and the per diem of jurors and bailiffs in attendance on the Superior Court for the county of Upson.
Also, an act to amend an act to organize a Criminal Court for the counties of DeKalb, Henry, Carroll and

476

JouRNAL OF THE HousE.

Sumter, approved February 21, 1876, so as to apply to the militia district in which the city of Barnesville is situated, in the county of Pike.
Also, an act to amend section 2, 009 of the Revised Code of Georgia, relating to the approval and recording of application for homestead.
Also, an act to repeal an act to organize a Criminal Court in the counties of Marion, Talbot, Stewart and Chattahoochee, approved February 22, 1873, and amended March 4, 1873, by adding the counties of Taylor, Schley, Crawford and Pulaski, so far as the same relates to the county of Schley.
Also, an act to amend an act to provide for a county board of commissioners for the county of Heard, and to prescribe and define the powers and duties thereof, approved Ausgust 24, 1872.
Also, an act to amend certain acts regulating the pay of jurors, and providing for the extra compensation of county officers, and the payment of insolvent costs claimed against the county of Effingham, approved February 17, 1876, and February 23, 1876.
Also, an act to amend an act approved Februry 27, 1875, fixing the per diem pay of jurors in the counties of Schley, Whitfield, Jackson and Clayton.
Also, an act to repeal an act approved February 23, 1876, to provide for the payment of the claims of school officers and teachers, for services rendered in the year 1871, so far as the same relates to the county of Rabun.
Also, an act to repeal an act to provide for a county board of commissioners for the county of Tatnall, and to prescribe and define the powers and duties thereof.
Also, an act to provide for a board of commissioners of roads and revenues for the counties of Thomas, Camden and Echols, approved February 20, 1873, so far as the same relates to the county of Thomas.

MoNDAY, FEBRUARY 12, 1877.

477

Mr. Hood, chairman of the Committee on Corporations, submitted the following report:
Mr. Speaker:
The Committee on Corporations have had under consideration the following Senate bills, which they recommend do pass as amended, to wit:
A bill to be entitled an act to provide for the sale of railroad and bank stock, and stocks of other incorporated companies.
Also, a bill to be entitled an act to incorporate the Georgia Chemical and Mining Company.
A. Ho on, Chairman.

Mr. Whittle moved to reconsider the bill lost on Saturday to provide a normal department for the North Georgia Aricultural College, which motion prevailed.

Mr. Adams of Chatham withdrew his notice that he would move to reconsider the tax act.

Mr. Candler moved to take up the Senate resolution relative to the appointment of a committee to report on the adjournment, which motion prevailed, and the resolution was concurred in.
Mr. Carlton moved a suspension of the rules to allow the appropriation act to be read the second time, which .motion prevailed, and the bill was so read.
On motion of Mr. Carlton, the bill was made the special order for to-morrow immediately upon the reading of the Journal, and from day to day until disposed of.

The Speaker appointed the following committee on the part of the House, under the Senate resolution for a joint committee to inquire into the status of the business of the two Houses, and report upon the practicability of an early adjournment, to-wit:

478

JouRNAL OF THE HousE.

Messrs. Candler, Reid of Putnam, and Black.

The regular order being the reading of House bills the third time for final dispoc;ition, was taken up, the following bills 'were so read and disposed of as follows, to-wit:
By Mr. JamesA bill to authorize the issue of certain bonds. Passed by substitute. Also, a bill to authorize the Treasurer to pay interest on the bonds of the North and South and Memphis railroads. Withdrawn. By Mr. Davis of HoustonA bill to abolish the office of State Printer. Laid on the table. By Mr. WalshA bill to incorporate the Augusta and Knoxville Railroad Company. Amended and passed.

Mr. Walsh moved to reconsider, under a suspension of the rules-
A bill to provide for certain bonds to be issued by the Governor to exchange for other bonds, which motion prevailed and the bill was recommitted to the Finance Committee.
By Mr. ThomasA bill to lay out and organize the new county of Jenkins. Laid on the table. By Mr. WilkesA bill to fix the per diem of jurors in certain counties. Amended and passed. Mr. Stewart, of Taylor, moved to take from the table the bill." to abolish the State Board of Health." Mr. Fry, called the previous question, the call was sustained, and the main question ordered. Mr. Stewart, called the yeas and nays on the passage of

MoNDAY, FEBRUARY 12, 1877.

479

the bill, the call was sustained, and the result was as follows:
Those voting in the affirmative are, Messrs.-

Adams of Lee,

Harrell,

Rawlins,

Almon

Harralson,

Reid of :\forgan,

Allred,

Hollis,

Reece,

Bacon of Liberty, Hogan of Carroll, Richardson,

Benson,

Hogan of Monroe, Roberson,

Bennett,

Hughes,

Rouse,

Bloodworth,

Jones of McDuffie, Scruggs,

Bowen,

Kendric~

Shaw,

Branch.

Kimsey,

Sheffield of Miller,

Brown of Fayette, Kirby,

Sikes,

Burch of Thoma~, Knox

Simms,

Burch of Elbert, Mallette,

Smith of Oglethorpe,

Callaway,

Marshall,

Smith of Echols,

Candler,

Matthe\\''> of Pike, Smith of Walton,

Carter,

Matthews of Talbot Smith of Tatnall,

Causey,

Maund,

Smith of Butts,

Colbert,

McAfee,

Stanford,

Collins,

McDonald,

Stewart of Taylor,

Davison,

Mclnyre,

Stewart of Spalding

D.:;Loach,

.:\:lcGar,

Stewart of Milton,

Dozier of Harris, McRae,

Stokelv,

Dozier of Quitman, MoiJley,

Strickland,

Dudley,

North,

Taylor,

Duggar,

Ott is

Thomas,

Dews,

Owenby,

Turner,

Faircloth,

Pearson,

Turnbull,

Fletcher,

Peek,

Vick,

Fort,

Penn,

Walton of Harralson,

Fortner,

Phillips of Carroll, Wall,

Freeman,

Pickett of Rabun, Wise,

Fry,

Pickett of Gilmer, Wooldridge,

Grant,

Pilcher,

Williams.

Gray,

Puckett.

Willingham.

Green

Ragsdale,

Wilcox.

Glover of Jones,

480

JOURNAL OF THE HoUSE.

Those voting in the negative are Messrs.-

Adams of Chatham, Harden,

Paul,

Black,

Hillyer,

Polhill,

Bn:wer,

Hood

Pope,

Carltm,

Hutchins

Price,

Co:Jey,

Humber,

Reid of Putnam,

Corker,

Johnston,

Russell,

Cox of Troup,

Jordcm of Hancock, Wade,

Cox of Bryan,

Kennon,

Walsh,

Davis of Houstun, Key,

Wilkes,

Davis of Stewart, Miller

Willis.

Evans,

Murray,

Whittle,

Guyton.

Northen.

Wolihin,

Hammond,

Payne,

Those not voting are Messrs.-

Anderson, Atwood, Awtry Blue, Born, Brockett, Brown of Upson, Bunts, Case, Cloud, Cochran,

Davis of Bibb, Dnke, Frederick, Gresham Glover of Twiggs, Goodrum, James Jones of Polk, Jordan of Pulaski, Lang, Leach,

Moore, Moses, Peacock, Perkins, Phillips of Cobb, Robson, Roper, Sheffield of Early Tumlin, Walton of Burke, Wilson,

Yeas, 103. Nays, 38. Not voting, 33.

So the bill was passed.

Mr. Stewart of Taylor moved that the bill be immediately transmitted to the Senate.
The motion was withdrawn.

MoNDAY, FEBRUARY 12, 1877.

481

The regular order was resumed.

By Mr. James-

,

A bill to amend the charter of the city of Atlanta.

Amended and passed.

Mr. Candler moved to take from the table the bill to- fix the pay of the Clerk of the House and Secretary of the Senate.
The motion prevailed, and the bill was read. The commitee reported an amendment to make the same apply from and after its passage. Mr. Candler offered to amend the amendment by making the act take effect after the present session. Mr. James offered the following substitute, which was read for information, to-wit: to make the salary of the Secretary of the Senate $3,000, and of the Clerk of the House $5,000 per annum. Mr. Candler's amendment was adopted. Mr. James withdrew his amendment, and offered to amend by making the pay of the secretary $75 per day, and the clerk, $125 per day. The amendment was not adopted. Mr. Mathews of Pike offered the following proviso: that the secretary be alhwed $100, and the clerk $150 for preparing indexes. The amendment was lost. The report of the committee was then agreed to, and the bill passed, as amended.

Mr. Kennon moved to take from the table the bill to allow the county of Clay to retain certain taxes for certain purposes.
The motion prevailed, and the following substitute was proposed for the bill, to-wit:
A bill to authorize the City Council of Fort Gaines to
31

483

JouRNAL OF THE HousE.

submit the question of a~ issue of bonds to the citizens of said city.
The substitut.e was adopted, and passed.

The regular order was resumed.

By Mr. Matthows of PikeA bill to provide a form of government for the Deaf and Dumb Asylum. Amended and passed. By Mr. NorthenA bill to abolish the office of Public Printer. Laid on the table.

Mr. Thomas moved to take from the table the bill to lay out the new county of Jenkins, which motion prevailed, and the bill was read.
On motion of Mr. Colley, the bill was laid on the table.

By Mr. Smith of EcholsA bill to change the co'!lnty of Echols from the Bruns wick to the Southern Judicial Circuit. Passed. By Mr. PaineA bill for the relief of John G. Sweitzer. Passed.

The following bill with a Senate amendment, to-wit: A bill to provide for the holding of a Constitutional Convention, was taken up and read with amendment.
Mr. Candler moved to disagree to the Senate amendment.
Mr. Bloodworth moved to agree to the amendment. Mr. McDonald moved the following amendment to the Senate amendment, to-wit : Be it further enacted, That as a matter of information to the convention in locating the Capitol of this State,

MoNDAY, FEBRUARY 12, 1877.

483

each voter be requested to indorse on his ticket, "Milledgeville or Atlanta."

Pending the discussion, the House adjourned to 3:30 o'clock P.M.

AFTERNOON SESSION.
3J/z O'CLOCK P.M.

The House re-assembled.

The roll call was dispensed with.

The consideration of the bill to provide for the holding of a constitutional convention, and the pending amendments thereto, was resumed.

Mr. Simms called the previous que>tion. The call was sustained, and the main question ordered on the passage of the amendments to the Senate amendment. Mr. McDonald's amendment was then put and the amendment adopted. The question then recurred upon the motion of Mr. Bloodworth to agree to the Senate amendment, and on this motion, Mr Cochran called for the yeas and nays, which call was sustained, and the result was as foll<'ws:

Those voting in the affirmative are Messrs.-

Adams of Lee, Allred, Bacon of Liberty, Benson,

Glover of Twiggs, Glover of Jones, Hammond, Harrell,

Puckett, Ragsdale, Rawlins, Reid of Morgan,

484

JouRNAL OF THE HousE.

Bennett, Blood worth, Bowen, Brown of Upson, Brown of Fayette, Bunts, Burch of Elbert, Carter, Cloud, Colbert, Collins, Corker, Cox of Bryan, Davison, Davis of Bibb, Dudley, Duggar, Duke, Faircloth, Fletcher, Fort, Freeman, Fry, Grant, Gray,

Harralson,

Reid of Putnam,

Hillyer,

Reece,

Hollis,

Richardson,

Hogan of Monroe, Roberson,

Hogan of Carroll, Robson,

Humber,

Shaw,

Jordan of Pulaski, Sheffield of Early,

Kendrick,

Sheffield of Miller,

Key,

Smith of Oglethorpe,

Kimsey,

Smith of Echols,

Knox,

Smith of Walton,

Leach,

Stokely,

Mallette,

Strickland,

McAfee,

Turner,

Mcintyre,

Vick,

Mobley,

Wade,

Owenby,

Walton of Burke,

Pearson,

Walton of Haralson

Penn,

Wall,

Perkins,

Wise,

Phillips of Carroll, Wilson,

Pickett of Rabun, Wooldridge,

Pickett of Gilmer, Wolihin,

Price,

Willingham.

Those voting in the negative are Messrs.-

Adams of Chatham, Hughes,

Phillips of Cobb,

Almon,

Hutchins,

Pilcher,

Black,

James,

Polhill,

Born,

Johnston,

Pope,

Branch,

Jones of McDuffie, Rouse,

Brewer,

Jones of Polk,

Russell,

Burch of Thomas, Jordan of Hancock, Scruggs,

Callaway,

Kennon,

Sikes,

Candler,

Kirby,

Simms,

Carlton,

Marshall,

Smith of Tatnall,

Cochran,

Matthews of Pike, Smith of Butts,

MoNDAY, FEBRUARY 12, 1877.

485

Colley,

Matthews of Talbot, Stewart of Taylor,

Cox of Troup,

Maund,

Stewart of Milton,

Davis of Houston, McDonald,

Stewart of Spalding,

Davis of Stewart, McGar,

Taylor,

DeLoach,

McRae,

Thomas,

Dozier of Harris, Miller,

Tumlin,

Dosier of Quitman, Moses,

Turnbull,

Evans,

Murray,

Walsh,

Fortner,

North,

Wilkes,

Green,

Northen,

Willis,

Gresham,

Payne,

Whittle,

Guyton,

Paul,

Williams,

Harden,

Peek,

Wilcox.

Hood,

Those not voting are Messrs.-

Anderson, Atwood, Awtry, Blue, Brockett, Case,

Causey, Dews, Frederick, Goodru;n, Lang,

Moore, Otti,, Peacock, Roper, Stanford,

Ayes, 85. Nays, 73. Not voting, 16.

So the amendment of the Senate was agreed t0.

Leave of absence was granted Messrs. Wilson and Frederick.

Mr. Sheffield of Early was added to the Finance Committee, at ths request of that committe.

On motion, the House adjourned to 7! o'clock P.M.

486

JouRNAL oF THE HousE.

NIGHT SESSION.

The House re-assembled.

7! o'CLOCK P.M.

The roll was called, and a quorum found to be present.

The regular order being the reading of House bills the third time, for final disposition, was resumed, and the following bills were disposed of as follows, to-wit:
By Mr. HoodA bill to alter and amend section 4, 370 of the Code. Amended by the Senate by substitute, and disagreed to. By Mr. McDonaldA bill to change the school system in the counties of Ware, Echols and Clinch. Amendments by the Senate concurred in. By Mr. GrayA bill to regulate the pay of jurors and bailiffs in the county of Paulding. Senate amendments concurred in, and amended by the House. By Mr. HillyerA bill to provide for the sale of mortgaged property, and for other purposes. Amended by the committee, amendment to amendment by the House. Report agreed to, and the bill passed. By Mr. MillerA bill to amend section 3, 740 of the Code. Amended and pas.,ed. By Mr. Stewart of MiltonA bill to fix the compensation of Tax Collector and Receiver in the county of Milton. Passed. By Mr. BhJodworth-

MONDAY, FEBRUARY 12, 1877.

487

A bill to prohibit the sale of liquors near Union Church. Laid on the table. By Mr. BloodworthA bill to regulate the fees of justices, notaries and constables in this State. Amended and passed. By Mr. Jordan of PulaskiA bill for the relief of Julius A. Bagby. The House went into Committee of the Whole for the consideration of the bill. The committee arose and reported the bill back, with the recommendation that it do pass, which recommendation and report was agreed to. Mr. Almon called the yeas and nays, which call was sustained, and the result was as follows, on the passage of the bill:

Those voting in the affirmative are Messrs.-

Adams of Chatham, Harrell,

Allred,

Harralson,

Bacon of Liberty, Hillyer,

Black,

Hollis,

Bloodworth,

Hughes,

Brewer,

James,

Brown of Upson, Johnston,

Burch of Elbert, Jones of McDuffie,

Candler,

Jordan of Pulaski,

Corker,

Key,

Cox of Bryan,

Kirby,

Davis of Bibb,

Leach,

DeLoach,

Mallette,

Dudley,

Maund,

Duggar,

McDonald,

Duke,

Miller,

Evans,

Moore,

Fortner,

Moses,

Freeman,

Murray,

Phillips of Cobb, Pickett of Rabun, Pickett of Gilmer, Pilcher, Price, Rawlins, Reid of Morgan, Richardson, Rouse, Russell, Scruggs, Sheffield of Early, S~effield of Miller, Smith of Echols, Smith of Butts, . Stewart of Milton, Thomas, Wade, Walton of Burke,

488

JOURNAL OF THE HOUSE.

Green, Hammond, Harden,

Ottis, Owenby, Perkins,

Wise, Whittle,

Those voting in the negative are Messrs.-

Almon,

Humber,

Roberson,

Awtry,

Jordan of Hancock, Sh!i.w,

Benson,

Kendrick,

Sikes,

Born,

Kennon,

Simms,

Bowen,

Knox,

Smith of Walton,

Branch,

Marshall,

Smith of Tatnall,

Burch of Thomas, Matthews of Pike, Stanford,

Callaway,

Matthews of Talbot, Stewart of Tayh,r,

Cloud,

McGar,

Stewart of Spalding,

Colbert,

North,

Stokely,

Davison,

Paul,

Tumlin,

Davis of Stewart, Peek,

Walton of Haralson,

Dozier of Quitman, Penn,

Wall,

Fry,

Phillips of Carroll, Wilkes,

Grant,

Polhill,

Wooldridge,

Gray,

Reid of Putnam, Williams.

Hogan of Carroli, Reece,

Willingham.

Hood,

Those not voting are Messrs.-

Adams of Lee, Andenon, Atwood, Bennett, Blue, Brockett, Browll of Fayette, Bunts, Carlton, Carter, Case, Causey, Cochran,

Fletcher, Fort, Frederick, Gresham, Glover of Twiggs, Glover of Jones, Goodrum, Guyton, Hogan of Monroe, Hutchins, Jones of Polk, Kimsey, Lang,

Payne, Pearson, Pope, Puckett, Ragsdale, Robson, Roper Smith of Oglethorpe, Strickland, Taylor, Turner, Turnbull, Vi!!k,

MONDAY, FEBRUARY 12, 1877.

489

Colley, Collins, Cox of Troup, Davis of Houston, Dozier of Harris, Faircloth,

McAfee, Mcintyre, McRae, Mobley, Northen, Peacock,

Walsh, Willis, Wilson. Wolihin, Wilcox.

Yeas, 65. Nays, 52. Not voting, 57.

The Chair held a three-fourths vote necessary to pass the bill, and that the bill was lost.
From this decision Mr. Miller asked an appeal, which appeal was not sustained, and the bill was lost.

Mr. Stokely moved to adjourn to 9 o'clock to-morrow morning, which motion did not prevail.

The regular order was resumed.

By Mr. HillyerA bill to require the Ordinary of Fulton county to furnish chambers for the Judge of the Superior Cuurt. Passed. By Mr. RussellA bill to amend sections 4, 784 and 4,786 of the Code. Passed. By Mr. Jones of PolkA bill to ~epeal the act to regulate the sale of liquors in the county of Polk. Passed. By Mr. GuytonA bill to consolidate the county offices in the county:of Laurens. Passed, by substitute. By Mr. Puckett-

490

JOURNAL OF THE HOUSE.

A bill for the relief of G. W. Key. Passed.

By Mr. WilliamsA bill to establish a board of commissioners for the county of Columbia.

Passed.

By Mr. Reece-

.

A bill to repeal the act regulating th~ sale of liquors in

the city of Rome.

Passed.

By Mr. Rouse-

A bill to repeal the act preventing fishing in the waters

of Worth county.

Passed.

By Mr. GloverA bill to abolish the County Court of the county of

Twiggs.

Passed. By Mr. Richardson-

A bill to amend the charter of the city of Dalton.

Passed.

By Mr. Wooldridge-

A bill for the relief of John M. Sapp. Passed.

By Mr. Stewart of Spalding-

A bill to provide for the issuing and recording of orders on Spalding county.

Passed. By Mr. Faircloth-

A bill to reduce the sheriff's bond in the county of Wil cox.
Amended and passed.

By Mr. PeekA bill to amend the act to create a County Court in the

county of Rockdale.

Amended and passed.

MoNDAY, FEBRUARY 12, 1877.

491

By Mr. Jones of McDuffieA bill to change the place of holding sheriff's sales in the county of McDuffie. Passed. By Mr. CollinsA bill to abolish the board of commissioners in the county of Mitchell. Passed by substitute. By Mr. PeacockA bill to repeal the act fixing compensation of jurors and county officers in the county of Washington. Laid on the table. By Mr. ColbertA bill to change the line between the counties of Madison and Clarke. Amended and passed. By Mr. TaylorA bill to change the time of holding the Superior Courts in the counties of Meriwether and Fayette. Passed. By Mr. OttisA bill to amend the game laws of the county of Muscogee. Amended and passed. By Mr. NorthenA bill to prohibit the sale of liquors near Mount Zion, in the county of Hancock. Passed. By Mr. Davis of HoustonA bill to amend the charter of the town or Perry. Passed.
By Mr CarterA bill to amend the charter of Valdosta. Passed. By Mr. Collins-

492

JouRNAL OF THE HousE.

A bill to make the Tax Collectors of Mitchell and Colquitt counties ex-efficio sheriffs in certain cases.
Passed. By Mr. PolhillA bill to empower the school commissioners submit a school tax to the votes of the people. Passed.

Mr. Price, chairman of the Committee on Education, made the following report, to-wit:
Mr. Speaker:
The Committee on Education have had under consideration:
A bill to provide for the submitting the question of a local tax for the support of public schools to the owners of property, for which they report a substitute, which sub stitute the committee recommend do pass.
Also, a bill entitled an act to abolish the office of county school commissioner of Sumter county, and to confer his duties upon the County Treasurer, which the committee recommend do not pass :
W. P. PRICE, Chairman.

By Mr. CollinsA bill to authorize the farming out of convicts in the county of Mitchell. Passed. By Mr. Bacon of BibbA bill to amend section 3,654 of the Code,

On motion, the House adjourned to 9 o'clock to-morrow morning.

TuESDAY, FEBRUARY 13, 1877.

493

ATLANTA, GEORGIA, TuESDAY, February 13, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found present.
Mr Willis, from the Committee on Journals, reported the Journal of yesterday read, correct and approved.
The Journal was then read.
Mr. Stewart of Spalding, chairman of the Committee on the Judiciary, submitted the following report : Mr. Speaker:
The Committee on the Judiciary have had under consideration the following bill, and recommend that the same do pass:
A bill to be entitled an act to repeal an act to regulate the sale of spirituous and malt liquors in the counties of Floyd, Dade, Polk et al., approved February 26th, 1875, so far as the county of Polk is concerned.
Mr. Candler, chairman of the Committee on Geological Survey, submitted the following report: Mr. Speaker:
The Committee on Geological Survey have had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to be entitled an act to abolish the office of State Geologist, and for other purposes.
Also, a bill to repeal an act to create the office of State Geologist, and to provide for a geological, mineralogical

494

JouRNAL oF THE HousE.

and physical survey of the State of Georgia, and for other

purposes.

A. D. CANDLER, Chairman.

Mr. Hood, chairman of the Committee on Corporations, submitted the following report:
Mr. Speaker: The Committee' on Corporations have had under con-
sideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to authorize the Mayor and Council of the city of Dalton to provide for a registration of th~legal voters of said city.

Also, the following bill, which they recommend do not

pass, to-wit :

A bill to be entitled an act to so amend 8th section of

the charter of the city of Dalton as t0 declare failure to work

on the streets and sidewalks a misdemeanor, and for other

purposes.

A. HooD, Chairman.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report ;
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 acts:
An act to confirm the orders or decrees of the Superior Courts of this State, granting or renewing the existence of corporations, with all action thereunder of any kind, by or with such corporations, and for other purposes.
Also, an act to repeal ar. act establishing a County Court of Newton county, and for other purposes.
Also, an act to change the county line between the counties of Wilcox and Pulaski.
Also, an act to create a board of commissioners of roads

TUESDAY, FEBRUARY 13, 1877.

495

and public buildings and public property and finances, for the counties of Warren and Taliaferro.
Also, an act to repeal an act, assented to February 20, 1873, to compel the. Tax Collectors of the counties of Burke and Monroe to receive any debt due by said counties, in payment of taxes due them, so far as relates to the county of Monroe.
Also, an act to amend an act to prohibit the killing of partridges, wild turkeys and deer, at certain seasons, in the counties of Lowndes, Thomas and Putnam, in this State, approved February 28, 1876, and to extend the provisions of said act, and the amendments thereto, to the county of Washington.
Also, an act to fix the fees of Treasurer, and the per diem of jurors and bailiffs in attendance upon the Superior Court, for the county of Upson.
Also, act to amend section 2, 009 of the Revised Code of Georgia, relating to the approval and recording of application for homestead.
Also, an act to repeal an act to organize a Criminal Court in the counties of Marion, Talbot, Stewart and Chattahoochee, approved Fedruary 22, 1873, and amended March 4, 1873, by adding the counties of Taylor, Schley, Crawford and Pulaski, so far as the same relates to the county of Schley.
Also, an act to amend an act to provide for a board of commissioners for the county of Heard, and to prescribe and define the powers and duties thereof, approved August ~4, 1872.
Also, an act to amend certain acts regulating the pay of jurors, and providing for the extra compensation of county officers, and the payment of insolvent costs claimed against the county of Effingham, approved February 17, 1876.
Also, an act to amend an act approved February 27, 1876, fixing t~e pe,- diem pay of jurors in the counties of Schley, Whitfield, Jackson and Clayton.

496

JouRNAL OF THE HousE.

Also, an act to repeal an act, approved February 23, 18Ui, to provide for the payment of the claims of school officers and teachers for services rendered in the year 1871, so far as the same relates to the county of Rabun.
Also, an act to repeal an act to provide for a county board of commissioners for the county of Tatnall, and to prescribe and define the powers and duties thereof.
Also, an act to provide for a board of commissioners of roads and revenues for the counties of Thomas, Camden and Echols, approved February 20, 1873, so far as the same relates to the county of Thomas.

Mr. Carlton, chairman ofthe committee on Finance submitted the following report:

Mr. Speaker :
The Committee on Finance have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to authorize the Georgia Railroad to buy or lease the Port Royal Railroad.
Also, a bill to authorize the Georgia Railroad to buy or lease the Macon and Augusta Railroad.
Also, a bill to authorize the Georgia Railroad to issue bonds, which they recommend do pass as amended.

Also, the following bills, which they direct me to report back to the House, without recommendation, to-wit:
A bill to pay off and settle the claim of J. Boorman Johnston & Co. against the State, and for other purposes therein mentioned.
Also, a bill to relieve E. N. Johnson of the county of Bartow.
Also, a bill to appropriate one-half of the State tax paid, and to be paid, by Chatham county for the year 1877, for draining said county.

TUESDAY, FEBRUARY 13, 1877.

497

The committee have also directed me to report back to the House, without recommendation, the petition of James E. Maguire for an appropriation.

They have also had under consideration the following bill, which they recommend do not pass, towit:
A bill to issue bonds to pay falling-due bonds, and accumulated floating debt of any kind.

Also, the following bill, which they recommend be referred to the Committee on Public Printing.
A bill to abolish the office of Public Printer, and to provide for the public printing.
H. H. CARLTON, Chairman.
Mr. Tumlin, chairman pro. tem. of the Committee on the Penitentiary, submits the following report :
Mr. Speaker: The Committee on the Penitentiary have had under con-
sideration the following bill, which they recommend do pass by substitute, to-wit:
A bill to abolish the office of Principal Keeper of the Penitentiary, and for other purposes.
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 penitentiary system in the State of Georgia, and to farm out the convicts of the State for twenty years, approved 1876, and for other purposes.
THOMAS TUMLIN, Chairman pro. tem.

The following report from the joint committee on the
state of the business of the Assembly, was received and
read.
32

498

JouRNAL OF THE HousE.

Mr. Presidmt;
The joint committee of the General Assembly to examine into the condition of the busi,ness before the two Houses, respectfully report, that they find in the Senate twenty-three Senate bills for 2nd reading, and twenty-three Senate bills for 3rd reading; and one House bill for 1st reading; House bills for 2nd reading, 46 ; House bills for 3rd reading, 60.
In the House they find, 168 House bills for 2nd reading; 116 House bills for 3rd reading; 24 House resolutions to be disposed of also. 11 Senate bills for 1st reading; 20 Senate bills for 2nd reading; 4 Senate resolutions to be disposed of.
It is the opinion of the committee that by the use of the utmost diligence the above business may be acted upon by Thursday, 22d, inst., at 12 o'clock at night.
Respectfully submitted,
CABANISS,
FURMAN,
Committee on part of Senate.
CANDLER,
BLACK,
REID, ofPutnam, Committee on part of House.

Mr. James, chairman of the committee on Banks submitted the following report:

Mr. Speaker:

The committee on Banks have had under consideration

the following bills of the Senate, which they recommend

do pass, to-wit:

A blll to amend an act to incorporate the Capital Bank,

of Macon, Georgia. Approved August 24, 1872.

Also, a hill to incorporate the Mount Airy Savings

Bank.

J. H. }AMES, Chairman.

TuESDAY, FEBRUARY 13, 1877.

499

Mr. Payne, chairman of the committee on Enrollment submitted the following report :

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 act:
An act to change and regulate the school system in the counties of Ware, Echols, Lowndes, Berrien, Charlton, Dodge and Clinch, in certain particulars.

Mr. Phillips, chairman of the Committee on Internal Improvements, submitted the following report:
Mr. Speaker: The Committee on Internal Improvements have had un-
der consideration the following bill, which they recommend do pass, by substitute:
A bill to alter and amend the rot!d laws of this State, so far as they relate to the county of Houston.
Also, a resolution requiring that the railroad tenant houses of this State be enclosed, to prevent the killing of stock, and for other purposes.

They have also had under consideration the following bill, which they recommend do not pass :
A bill to prevent the obstruction of public roads in this State.

Mr. Carlton, under a suspension of the rules, offered the following resolution, which was agreed to, to-wit:
Resolved, That his Excellency, the Governor, be requested to inform the House of Representatives whether any offer has been made to purchase or lease the Macon and Brunswick Railroad, the terms and conditions of such offer, if any has been made, and that the Governor be requested not to accept any offer without conference with and approval of the General Assembly.

500

JouRNAL OF THE HousE.

On motion of Mr. Moses, a copy of the resolution was immediately transmitted to his Excellency, the Governor.

Mr. Hood of Randolph moved to reconsider the action of the House on yesterday, on the bill to abolish the State Board of Health.
Mr. Turnbull moved to lay the motion to reconsider on the table, which motion prevailed.

1\lr. Davis of Bibb moved to reconsider the action of the House, on the bill lost yesterday, for the relief of Julius A. Bagby, which motion did not prevail.

Under a suspension of the rules, the following bill was reconsidered, to-wit:
By Mr. JamesA bill to provide for the issue of certain bonds to exchange for other bonds.
The House went into Committee of the Whole for the consideration of the bill.
The committee arose and reported the same back, with the recommendation that the bill do pass by substitute.
The report of the committee was adopted, and the bill passed.
Mr. Moses moved that the rules be suspended, and the bill immediately transmitted to the Senate, which motion prevailed, and the bill was ordered transmitted.

Mr. Mo~es moved to suspend the rules to take up the report of a special committee to investigate why certain fees were paid, which motion did not prevail.

The special order being the consideration of the appropriation act, was taken up.
The House went into Committee of the Whole for the consideration of the bill.

TUESDAY, FEBRUARY 13, 1877.

501

After discussion, the committee arose, reported progesrs, and asked leave to sit again.

On motion, the House adjourned to 3.30 P.M.

AFTERNOON SESSION.

The House re-assembled.

3! o'cLOCK P. M.

The roll call was, on motion, dispensed with.

Mr. Pilcher offered the following resolution, which was laid on the table, to-wit:
Resolved, That the General Assembly do adjourn next Saturday at 2 o'clock P.M.

The consideration of the special order was resumed.

On motion, the House went into Committee of the Whole for the further consideration of the appropriation bill.
After some discussion the committe arose, reported progress, and asked leave to sit again.
Mr. Walsh moved tha~ the further consideration of the appropriation bill be postponed until to-morrow morning, after the reading of the journal, which motion prevailed.

Mr. Carlton asked a suspension of the rules to allow the intrduction of a certain bill, which motion prevailed, and the bill was read the first time, to-wit:
A bill to authorize the Governor to endorse bonds of the Northeastern Railroad Company.
The bill was referred to the Judiciary Committee.

502

JouRNAL OF THE HousE

On motion, the Houc;e adjourned to 7! o'clock to-night.

NIGHT SESSION.

The House re-assembled.

7! o'CLOCK P. M.

The roll-call was suspended.

The regular order, being the reading of House bills the third time for final disposition, was taken up and the following bills read and disposed of, to-wit:
By Mr. PeacockA bill to fix the pay of jurors in the county of Washington. Amended and passed. By Mr. ThomasA bill to lay out the new county of Jenkins. Withdrawn. By Mr. RagsdaleA bill to amend the County Court law in the county of DeKalb. Lost. By Mr. RobsonA bill to organize a Criminal Court 10 the county of Washington. A menJed and passed. By Mr. DavisonA bill to amend section 3,971 of the Code. Lost. By Mr. Brown of FayetteA bill to repeal an act to create a board of commissioners of roads and revenues in the county of Fayette. Lost.

TUESDAY, FEBRUARY 13, 1877.

50~

By Mr. RichardsonA bill to pay teachers of common schools, in Whitfield county, for services rendered in 1871. Passed by substitute. By Mr. RawlinsA bill to pay teachers in the county of Dodge for 1871. Laid on the table. By Mr. BlackA bill to refund certain money collected as taxes from the New England Mutual Insurance Company, to said company. This being a bill for the appropriation of money the House went into Committee of the Whole House for the further consideration of the bill. The Committee of the Whole House reported the bill back, with a recommendation that it do pass as recommended. The bill was then passed as amended. By Mr. FortA bill to relieve the Board of Education of the city of Americus. This being a bill for the appropriation of money, the House went into a Committee of the Whole House for the consideration of the bill. The Committee of the Whole House reported the bill back, with a recommendation that it do pass as amended, and the bill was then passed as amended. By Mr. StanfordA bill to amend the several acts incorporating the town of Hamilton, in the county of Harris. Passed as amended. By Mr. WilkesA bill to change the age of admission of deaf and dumb children to the Georgia Institution for the Deaf and Dumb, and to extend the time of privilege. Passed as amended.

504

JOURNAL OF THE HOUSE.

By Mr. HillyerA bill to change the name of the Scofield Rolling Mill Company. Tabled. By Mr. McGarA bill to fix the per diem of jurors in the county of Emanuel. Passed. Also, a bill to amend the act creating a board of commissioners of roads and revenue in the county of Emanuel. Amended and passed. By Mr. RawlinsA bill to change the time of holding the Superior Courts in the county of Dodge. Passed. Also, a bill to abolish the County Court of Dodge county. Passed, by substitute. By Mr. FryA bill to incorporate the Atlanta Testing and Mining Company. Passed. By Mr. CaseA bill to reduce the sheriff's bond of the county of Dade. Passed. By Mr. CauseyA bill to repeal the act organizing a County Court in the county of Crawford. Amended and passed. By Mr. CloudA bill to change the line between the counties of Fulton and Clayton. Amended and passed. By Mr. Phillips of Carroll-

TuESDAY, FEBRUARY 13, 1877.

505

A bill to amend the act prohibiting the sale of liquors within two miles of Villa Ricca, in Carroll county.
Amended and passed. By Mr. CloudA bill to prohibit the sale of liquors within three miles of Pleasant Grove church, in the county of Clayton. Passed. By Mr. CorkerA bill to amend the act organizing a County Court in the county of Burke. Amended and passed. By Mr. Phillips of CobbA bill to incorporate the Laurel Mills Manufacturing Company. Tabled. By Mr. MalletteA bill to extend an act for the protection of farmers in Charlton county to the county of Camden. Passed. By Mr. JamesA hili to require the Ordinary of Fulton county to take entire charge of the Alms House of Fulton connty. Passed. By Mr. TumlinA bill to repeal the act prohibiting the sale of liquors within two miles of Kingston, in the county of Bartow. Passed as amended. [Mr. Stokely presented a memorial against the passage
of this bill.J

The House then adjourned to nine o'clock to-morrow morning.

506

JOURNAL OF THE HOUSE

ATLANTA, GEORGIA,
Wednesday, February 14, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found present.
Mr. Almon, from the Committee on Journals, reported the Journal of yesterday read, correct and approved.
The Journal was then read.
Col. S. A. Gray, of the county of Burke, was invited to a seat on the floor.
Mr. Stewart of Spalding, chairman of the Committee on the Judiciary, submitted the following report :
Mr. Speaker: The Committee on the Judiciary have had under con-
sideration the following bills, and recommend .that the same do pass, to-wit:
A bill to be entitled an act to repeal an act to regulate the compensation of grand and traverse and County Court jurors for the county of Lawrence.
Also, a bill to be entitled an act to repeal an act repealing an act to create an advisory board for the counties of Laurens and Glascock, so far as relates to the county of Laurens, and to provide for a board of county commissioners for the counties of Laurens and Johnson, so far as the same relates to the county of Laurens, and to provide compensation for the Ordinary of said connty when sitting for county purposes.
Also, a bill to be entitled an act to regulate and fix the fees of jailers in the counties of Banks and Jackson.

'WEDNESDAY, FEBRUAR\' 14, 1877.

507

Also, a bill to amend an act to repeal so much of section 1,203 of the Code as imposes religious disabilities on certain persons from holding office.
Also, a bill to be entitled an act to repeal an act creating a board of commissioners of road5 and revenue for the county of Johnson, and to define its' p.owers and duties, approved February 20, 1876.
Also, a bill to be entitled an act to make it felony for any one to take and carry away corn, etc., in the night time.
Also, a bill to be entitled an act to repeal an act entitled an act to provide for the paym'ent of certain insolvent costs in the Augusta Judicial Circuit, approved February 15, 1873.
Also, a bill to be entitled an act to establish a board of commissioners for the county of Newton, and to define their powers, etc.
Also, a bill to be entitled an act to fix the license fee for retailing spirituous liquors within the corporate limits of the town of Blackshear, and for the iurther fixing of Clerk's fees for issuing same.
Also, a bill to be entitled an act in relation to the election of Justice of the Peace for the city of Savanmh, and for other purposes.
Also, a bill to be entitled an act to authorize the county commissioners of Bibb county to pay all necessary and proper expenses incurred in conducting elections in said county, and for other purposes.
Also, a bill to be entitled an act to require emigr:mt agents to pay a license tax of $500.00 in each county, where they carry on the business of soliciting emigrants to leave the State.
Also, a bill to be entitled an act to consoHdate the offices of Tax Receiver and Collector in the county of Colquitt, in this State; to require the Tax Receiver to discharge

508

JouRNAL OF THE HousE.

the duties of both officers, and to fix the compensation therefor.
Also, a bill to be entitled an act to authorize and require James Boyd, of Telfair county, who was Tax Collector of said county for the years 1844 and 1845, to make deeds to lands sold by hi~, as such Tax Collector, and for other purposes.
Also, a bill to be entitled an act to authorize the erection of gates across second and third class roads in the county of Stewart, and to prescribe rales and regulations concerning the same.
Also, a bill to be entitled an act to prevent any person or persons from hunting with dogs, or shooting with gun or guns, or fishing, or shooting fish, or taking oysters, on or from the lands of another, in the county of Bryan, without the consent of the owner thereof.
Also, a bill to be entitled an act to abolish the board of commissioners of roads and revenue for the county of Lumpkin.
Also, a bill to be entitled an act to amend section 1,631 of the Revised Code of Georgia, regulating the !incense to peddle in this State.
Also, a bill to be entitled an act for the relief of W. C. Yancy, of the county of Troup.
Also, a bill to be entitled an act to amend an act entitled an act to alter. and amend certain portions of the Code of 1873, so far as the same relates to the county of Pulaski, said act being number 64, session 1875, and approved February 27, 1875, public laws, page 63.
Also, a bill to be entitled an act to amend section 4, 875 of the Code of 1873, conferring upon the Mayor and Aldermen of the city of Savannah power to require the abatement and removal of nuisances within the jurisdictional limits of said city.
Also, a bill to be entitled an act to amend section 4,845 of the Revised Code of 1873, conferring upon the Mayor

WEDNESDAY, FEBRUARY 14, 1877.

509

and Aldermen of the city of Savannah power to establish a complete system of drainage in and around said city.
Also, a bill to be entitled an act to repeal section 926 of the New Code of 1873, so far as the same relates to the county of Effingham.

Your committee have also had under consideration the following bills, and recommend that the same do not pass, to-wit:
A hill to be entitled an act to abolish the State Board of Health.
Also, a bill to be entitled an act to amend an act entitled an act to alter and amend the several acts incorporating the town of Sandersville, and to confer upon said town of Sandersville a municipal government, with all the ri~hts and privileges usually enjoyed by citizens in Georgia, as are herein set forth.
Also, a bill to be entitled an act to authorize the Ordinary of Mitchell county to assess and levy tax as soon as he deems proper, and for the collection of the same.
Also, a bill to be entitled an act to require the voters of Chattahoochee county to vote in their militia district.
Also, a bill to be entitled an act amendatory of the laws of this State, respecting the liability of railroad companies for the k1lling or other injuries to stock by running of the trains.
Also, a bill to be entitled an act to provide for the collection of costs in criminal cases stricken and transferred to old dockets.
Also, a bill to be entitled an act to amend sections 1,429 and l,431 of the Revised Code of Georgia, with reference to sale of estrays.
Also, a bill to be entitled an act to amend an act to authorize either party in a possessory warrant case to give notice of an intention to certiorari, etc., approved March 8, 1869.

.510

JouRNAL OF THE HousE.

Also, a bill to be entitled an act to amend section 2,040 of the Code of 1870.
Also, a bill to be entitled an act to amend section 1, 656 of the Code of 1873.
Also, a bill to be entitled an act to prescribe the mode of granting licenses to sell intoxicating liquors in the counties cif vVarren and Houston, and for other purposes, passed in the year 1874, and approved February 28, 1874, so far as th~ 159th districts, G. M., of Warren county, is concerned.
Also, a bill to be entitled an act to protect sheriffs and other levying officers in making levies on personal property where there is expense attending the keeping of the same.
Also, a bill to be entitled an act to amend the law of distribution in this State, and for other purposes.
Also, a bill to entitled an act to change the time for opening and closing the polls in Cochran, in Pulaski, at all State and county elections.
Also, a bill to be entitled an act for the relief of James McAndrew.
Also, a bill to be entitled an act to change the rule of evidence in certain cases.
Also, a bill to be entitled an act to authorize Moses Tisen, of the county of Worth to practice medicine and surgery in all their branches in the county of Worth.
Also, a bill to be entitled an to alter and amend the 8!l8th section of the Revised Code of Georgia.
Also, a bill to be entitled an act to amend section 3, 972 of the Code of 187:~, referring to levy and sale of mortgage property.
Also, a bill to be entitled an act making the purchase and sale of cotton futures a misdemeanor, and providing for the punishment of the same.
Also, a bill to be entitled an act to release Felder Jackson of the county of Houston, and Green Jackson of the

WEDNESDAY, FEBRUARY 14, 1877.

511

county of Crawford, from taxation by State and county, except poll, on account of permanent blindness.
Also, a bill to be entitled an act to authorize W. F. Sherman and James Stone, of the county of Lowndes, to peddle without paying a license therefor.
Also, a bill to be entitled an act to make it lawful for the County Treasurers of the counties of this State to pay the insolvent orders of Solicitors General and Clerks of Superior Courts of this State.
Also, a bill to be entitled an act to authorize tD.e Superior Courts to summon tales jurors in certain cases.
Also, a bill to be entitled an act to require Judges of Superior Courts to give in <;barge to the grand juries their duties in relation to the school system now of force in this State.
Also, a bill to be entitled an act to confer certain privileges upon J. J. Forehand, of the county of Worth, and render him capable of transacting business for himself.
Also, a bill to be entitled an act to provide for the payment of insolvent cost of the officers of the Superior Court of the county of Oconee.
Also, a bill to be entitled an act to exempt maimed soldiers from poll tax, and for other purposes.
Also, a bill to be entitled an act to vest the power of assigning dower in the Ordinaries of the several counties in this State.
Also, a bill to be entitled an act to allow druggists to sell liquors and wines for medical and sacramental purposes, and alcohol for illuminating purposes, without license.
Also, a bill to be entitled an act to make the defendant or party accused a competent witness in all cases arising under the bastardly laws of this State.
Also, a bill to be entitled an act to allow parties and their heirs the right and privilege of redeeming their lands when sold under any execution in this State.
Your committee have also had under consideration the

512

JoURNAL OF THE HousE.

following bills, to which they offer an amendment, and ask that the same, as amended, do pass:
A bill to be entitled an act to transfer the county of Liberty, from the Brunswick to the Eastern Judicial Circuit, and to fix the time ofholding the Superior Courts for the counties composing said Eastern Judicial Circuit.
Also, a bill to be entitled an act to repeal all laws au. thorizing the issue of land warrants under head rights from the land court of the county of Camden.
Also, a bill to be entitled an act to authorize and empower the mayor and council of Butler, Taylor county, Georgia, to issue bonds of any denomination they may deem fit in exchange for the bonds now outstanding against said town.
Your committee have also had under consideration a bill to be entitled an act to repeal section 520 of the Code of 1873, so far as the same relates to the county of Effii~g ham, to which your committee offer a substitute, and ask that the same be adopted in lieu of the original.
Your committee have also had under consideration the following bill, which they recommend be referred to the Committee on Agriculture :
A bill to be entitled an act for the mutual protection of purchasers and vendors of Fertilizers, and to prevent fraud in the manufacture ofthe same.
JoHN D. STEWART, Chairman.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has passed the following bills : A bill to exempt certain persons from road duty in the county of Liberty. Also, a bill to amend an act to incorporate the Cherokee Copper Mining Company of Georgia.

WEDNESDAY, FEBRUARY 14, 1877.

513

Also, a bill to prohibit the sale of spirituous liquors within three miles of Sardis and Buelah Church, in Wilkes county.
Also, a bill to exempt members of the Thomasville Guards from jury duty.
Also, a bill to amend chapter 1, title 6, part 1, of the Code of 1873, in reference to the duties of Public Printer, and for other purposes.
Also, a bill to authorize the commissioners of Macon county to settle or compromise with J. T. Kleckly, former Tax Collector for said county.
Also, a bill to regulate the compensation of Tax Collector and Tax Receiver for the county of Calhoun, and for other purposes.
Also, a bill to allow Berrien L. Hall to peddle without license, in the counties of Wayne, Pierce and Appling.
Also, a bill to incorporate the Chestatee and Yahoola Gold Mining Company.
Also, a bill to allow the Mayor and Aldermen of Fort Gaines to levy and collect a special tax to complete a bridge across the Chattahoochee river.
Also, a bill to amend the law organizing a County Court for the counties of Calhoun, Baker, Quitman and Miller.
Also, a bill to require the Judge of the Superior Court of Miller county to transfer all criminal cases below a felony to the County Court of said county.
Also, a bill to amend section 3,907 of the Code of 1873.

The Senate has passed the following bill by a constitutional majority of yeas 28, nays 4, to.wit:
A bill to incorporate the Covington Savings bank.

The following message was received from the Senate through Mr. Harris, the secretary thereof.
33

514

JOURNAL OF THE HOUSE.

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 Coweta
and Meriwether. Also, a bill to repeal the local option law, so far as it re-
lates to Adairsville, in Bartow county. Also, a bill to incorporate the Brooks County Manufac-
turing Association. Also, a bill to change the lines between the counties of
Carroll and Douglas. Also, a bill to repeal an act to regulate the pay of grand
and peti:J jurors for the county of Chattahoochee. Also, a bill to require the registration of the voters in
Mcintosh county. Also, a bill to amend an act to create a board of com-
missioners for the county of Greene. Also, a bill to reduce the compensation of the Treasu-
rer of the county of Greene. Also, a bill to prohibit the sale of spirituous liquors
within one mile of Berzelia. Also, a bill to enable the Treasurer of Oconee county
to pay out the money arising from fines and forfeitures in the County Court.
Also, a bill to authorize Harney T. Powell and Arthur Boardman, and their associates, to construct a boom across the Ocmulgee river at Macon.
Also, a bill to repeal an act to amend an act to extend the jurisdiction of the Justices Court of the district embracing the county site of Clinch county so as to apply to the county site of Douglas county.
Also, a bill to authorize the transfer of certain cases from the Superior Court of Fulton county to the City Court of Atlanta, and vice versa.
Also, a bill to repeal an act to allow additional compen-

WEDNESDAY, FEBRUARY 14, 1877.

515

sation to the sheriff of Hall, Cass and Dade counties, so far as the same relates to the county of Cass.

The Senate has passed the following bill of the House of Represent::1tives by a constitutional majority of 27 yeas, and nays 2, to-wit:
A bill to incorporate the Merchants' Bank of Macon.

The Senate has passed the following bills 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 section 2,040 of the Code of 1873. Also, a bill to incorporate the Milledgeville Maufacturing Company. Also, a bill to make the Tax Collectors of Bibb, Houston, Habersham, Jasper, Taylor, Fannin and Echols counties ex-officio sheriffs in certain cases.

The Senate has passed the followi,pg bill, to-wit: A bill for the relief of Thomas Kile of Fulton county, as security on certain appearance bonds.

Mr. Carlton, chairman of the Committee on Finance, submitted the following report :
Mr. Speaker:
The Committee on Finance have had under consideration the following bills of the Senate, which they recommend do pass, to-wit:
A bill to fix the per diem pay of the grand and travers jurors and constables in the counties of Paulding and Haralson.
Also, a bill to provide a fixed compensation to be paid to the Comptroller General of the State, for discharging the duties imposed on him by the law, in relation to insurance companies and agents, and for other purposes.

516

JouRNAL OF THE HousE.

Also, a bill to consolidate the offices of Tax Collector and Receiver of Gilmer county, etc., approved February 21, 1876.
Also, a bill to relieve the securities on the bond of Henry Martin, former Tax Collector of Twiggs county, and to give them more time to collect the taxes due by the people of Twiggs county, and for other purposes.
Also, a bill to amend section 3,514 of the Revised Code of Georgia, of 1873.
Also, a bill to prescribe the mode of tax returns of corporations, companies, persons, agencies, or institutions, required by law to be made to the Comptroller General.

Also, the following bills which they recommend do not

pass:

A bill to regulate the law of insurance in the State of

Georgia.

Also, a bill to regulate the compensation of Receiver of

Tax Returns and Tax Collector for the counties of Dade,

Walker and Catoosa, fn this State.

Also, a bill to amend section 1,649 of the Code of 1873,

and define the terms upon which fees of Solicitors General

shall be paid.

Also, a bill to provide for the selection and compensa-

tion of competent and impartial jurors for the trial of

cases in which a county may be a party, and for other pur-

poses.

H. H. CARLTON, Chairman.

Hon. Oscar Thomson was invited to a seat on the floor. Mr. Northen offered the following resolution, to-wit: WHEREAS, The time of this House has been unnecessarily consumed by the discussion of amendments to the appropriation bill, intended more to influence the opinions of the people to personal ends than for the purpose of positive retrenchment, therefore, Be z"l Resolved, That the Representatives of the Press

WED!'<ESDAY, FEBRUARY 14, 1877.

517

upon the floor of the House, be requested to make no reports of amendments or discussion that may hereafter relate to the appropriation bill as amended by the Finance committee.
The resolution was laid on the table. The special order being the further consideration of the general appropriation bill was taken up. On motion the House went into committee of the whole for the further consideration of the bill. Mr. Carlton moved that the committee rise and report the bill back with the recommendation that it do pass as amended, which motion prevailed. On motion of Mr. Carlton, the House went again into the committee of the whole for the purpose of reading certain paragraphs of the bill. The committee arose, and reported the bill back as perfected under the rule, and the recommendation that the bill do pass, as amended. Mr. Stewart of Taylor moved that the debate on any propositioJ1 be limited to five minutes under the bill, which motion prevailed. Mr. Owenby moved that no member be allowed to give another his time, which was agreed to. Mr. Bloodworth moved that the bill be considered by paragraphs, which motion prevailed. On motion of Mr. Walsh, the third section was taken up first. Mr. Fry offered an amendment, that the word ten, in the first varagraph of the third section, be stricken out, and to insert in place thereof the word eight. Mr. Branch called the previous question on the section. On this question Mr. Bloodworth called the yeas and nays. The Speaker held the call for the previous question was not in order, as to the whole section, but only the paragraph under consideration.

518

JOURNAL OF THE HOUSE.

Mr. Hood moved to reconsider the action of the House in taking up the bill by paragraphs.
Mr. Northen moved to lay the motion on the table, which motion did not prevail.
Mr. Robson called the previous question on the motion to r~consider.
The call was sustained, the previous question ordered, and the motion to reconsider prevailed.
Mr. Hood called the previous question on the third secof the bill.
Mr. Carlton asked for the yeas and nays on the question of sustaining the call, which call was sustained, and the result was as follows:

Those voting in favor of the call of the previous question are Messrs.-

Adams of Chatham, Fort,

Paul,

Adams of Lee,

Fortner,

Pearson,

Bacon of Liberty, Frederick,

Perkins,

Benson,

Green

Phillips of Cobb,

Black,

Gresham

Pickett of Gilmer,

Branch.

Glover of Jones, Pilcher,

Brewer,

Harden,

Pol hill,

Brown of Fayette, Harrell,

Rawlins,

Bunts,

Hollis,

Reid of Morgan,

Burch of Thomas, Hogan of Monree, Reid of Putnam,

Burch of Elbert, Hood

Roberson,

Callaway,

Humber,

Robson,

Carter,

James

Russell,

Cochran,

Johnston,

Scruggs,

Collins,

Jordan of Hancock, Sheffield of Early

Corker,

Kendrick,

Sheffield of Miller,

Cox of Bryan,

Kennon,

Simms,

Davison,

Key,

Smith of Echols,

Davis of Houstlln, Knox

Taylor,

Davis of Stewart, Lang,

Wade,

DeLoach,

Mallette,

Walton of Burke,

WEDNESDAY, FEBRUARY 14, 1877.

519

Dozier of Quitman, McAfee,

Dews,

McGar,

Dudley,

McRae,

Duggar,

Miller

Dnke,

Moore,

Evans,

Payne,

Faircloth,

Wall, Wilkes, Wooldridge, Williams. Wolihin, Wilcox.

Those voting in the negative are Messrs.-

Allred,

Kirby,

Rouse,

Awtry

Leach,

Shaw,

Blood worth,

Marshall,

Sikes,

Born,

Matthe\\''> of Pike, Smith of Oglethorpe,

Bowen,

Matthews of Talbot Smith of Walton,

Brown of Upson, Maund,

Smith of Butts,

Candler,

McDonald,

Stanford,

Carlton,

Moses,

Stewart of Taylor,

Cloud,

Murray,

Stewart of Spalding

Colbert,

North,

Stewart of Milton,

Davis of Bibb,

Northen.

Stokelv,

Dozier of Harris, Ottis

Strickland,

Freeman,

Owenby,

Thomas,

Fry,

Peek,

Tumlin,

Grant,

Penn,

Turnbull,

Gray,

Phillips of Carroll, Vick,

Guyton.

Pickett of Rabun, Walton of Harralson,

Hammond,

Pope,

Walsh,

Hogan of Carroll, Price,

Wise,

Jones of McDuffie, Ragsdale,

Willis,

Jones of Polk,

Reece,

Whittle,

Jordan of Pulaski, Richardson,

Willingham.

Those not voting are Messrs.-

Almon Anderson, Atwood, Bennett,

Cox of Troup, Fletcher, Glover of Twiggs, Goodrum,

Mcintyre, MaLley, Peacock, Puckett,

520
Blue, Brockett, Case, Causey, Colley,

jOURNAL OF THE HousE.

Harralson, Hillyer, Hughes, Hutchins Kimsey,

Roper, Smith of Tatnall, Turner, Wilson.

Y.eas, 81. Nays, 66. Not voting, 26.

So the call of the previous question on the third section was sustained, and the main question ordered on the adoption of t~e third section, and the amendments thereto.

On the amendment of the' committee to make the per diem seven dollars instead of six, Mr. Fry called for the yeas arrd nays, the call was sustained, and the result was as follows:

Those voting in the affirmative are Messrs.-

Adams of Chatham, Faircloth,

Phillips of Cobb,

Adams of Lr.e,

Fort,

Pickett of Gilmer,

Bacon of Liberty, Green,

Pilcher,

Benson,

Harden,

Polhill,

Branch,

Harrell,

Rawlins,

Brewer,

Hogan of Monroe, Reid of Morgan,

Brown of Fayette, Hood,

Reid of Putnam,

Bunts,

Humber,

Robson,

Burch of Thomas, Johnston,

Russell,

Burch of Elbert, Jones of McDuffie, Scruggs,

Carter,

Jordan of Hancock, Sheffield of Early,

Cochran,

Kennon,

Sheffield of Mill~r,

Collins,

Key,

Simms,

Corker,

Lang,

Smith of Echols,

Cox of Bryan,

Mallette,

Taylor,

Davis of Houston, McAfee,

Wade,

Davis of Stewart, McRae,

Walton of Burke,

DeLoach,

Miller,

Wooldridge,

WEDNESDAY, FEBRUARY 14, 1877.

521

Dozier of Quitman, Moore,

Duke,

Payne,

Dews,

Paul,

Evans,

Perkins,

Williams, Wolihin.

Those voting in the negative are, Messrs.-

Almon,

Jones of Polk,

Richardson,

Allred,

Jordan of Pulaski Roberson,

Black,

Kendrick,

Rouse,

Bloodworth,

Kimsey,

Sikes,

Born,

Kirby,

Smith of Oglethorpe,

Bowen,

Knox,

Smith of Walton,

Brown of Upson, Leach,

Smith of Butts,

Candler,

Marshall,

Stanford,

Carlton,

Matthews of Pike. Stewart of Taylor,

Cloud,

Matthews of Talbot, Stewart of Milton,

Colbert,

Maund,

Stewart of Spalding,

Davison,

McDonald,

Stokely,

Davis of Bibb,

Motley,

Strickland,

Dudley,

Moses,

Thomas,

Duggar,

Murray,

Tumlin,

Fortner,

North,

Turner,

Frederick,

Northen,

Turnbull,

Freeman,

Owenby,

Vick,

Fry,

Pearson,

Walton of Haralson,

Grant,

Penn,

Walsh,

Gray,

Peek,

Wilkes.

Glover of Jones, Phillips of Carroll, Whittle

Guyton,

Pickett of Rabun, Willis,

Hammond,

. Pope,

Wise,

Harralson,

Price,

Willingh'lm,

Hollis,

Puckett,

Wilcox.

Hogan of Carroll, Ragsdale,

Hughes,

Reece,

Those not voting are Messrs.-

Anderson,

Cox of Troup,

McGar,

522
Atwood, Awtry, Bennett, Blue, Brockett, Callaway, Case, Causey, Colley,

JOURNAL OF THE HOUSE.

Dozier of Harris, Fletcher, Gresham, Glover of Twiggs, Goodrum, Hillyer, Hutchins, James, Mcintyre,

Ott is, Peacock, Roper, Shaw, Smith of Tatnall, Wall, Wilson,

Yeas 64. Nays 82. Not voting 28.

So the amendment of the committee was not adopted. The amendment of the Finance Committee to fill the blank with six dollars was then put. Mr. Carlton called the yeas and nays. The call was sustained, and the result was as follows :

Those voting in the affirmative are Messrs.-

Allred, Awtry, Black, Bloodworth, Born, Bowen, Brown of Upson, Candler, Carlton, Colbert, Davis of Bibb, DeLoach, Dews, Evans, Fletcher, Fortner, Frederick,

Hogan of Carroll, Pope,

Jones of Polk,

Price,

Jordan of Pulaski, Puckett,

Kendrick,

Ragsdale,

Key,

Reece,

Kimsey,

RiJuse,

Knox,

Sikes,

Leach,

Smith of Oglethorpe,

Marshall,

Smith of Walton,

M<ttthews of Pike, Smith of Butts,

Matthews of Talbot, Stewart of Taylor,

Maund,

Stewart of Milton,

Mobley,

Stewart of Spalding,

Moses,

Thomas,

Murray,

Tumlin,

North,

Turner,

Northen,

Turnbu'l,

WEDNESDAY, FEBRUARY 14, 1877.

523

Freeman, Fry, Grant, Gray, Guyton, Hammond, Harden,

Ott is, Owenby, Peek, Penn, Phillips of Carroll, Pickett of Rabun, Polhill,

Walton of Haralson Walsh, Wise, Wilkes, Willis, Whittle.

Those voting in the negative are Messrs.-

Adams of Chatham, Gresham,

Pilcher,

Adams of Lee,

Glover of Jones, Rawlins,

Benson,

Harrell,

Reid of Morgan,

Branch,

Hollis,

Reid of Putnam,

Brewer,

Hogan of Monroe, Richardson,

Brown of Fayette, Hood,

Roberson,

Bunts,

Humber,

Robson,

Burch of Thomas, Johnston,

Russell,

Burch of Elbert, Jones c>f McDuffie, Scruggs;

Callaway,

Jordan of Hancock, Shaw,

Carter,

Kennon,

Sheffield of Early,

Cloud,

Kirby,

Sheffield of Miller,

Cochran,

Lang,

Simms,

Collins,

Mallette,

Smith of Echo

Corker,

McAfee,

Stanford,

Cox of Bryan,

McDonald,

Stokely,

Davison,

McRae,

Strickland,

Davis of Houston, Miller,

Taylor,

Davis of Stewart, Moore,

'Vade,

Dosier of Quitman, Payne,

Walton of Burke,

Duggar,

Paul,

Wooldridge,

Duke,

Pearson,

Williams,

Faircloth,

Perkins,

Wolihin,

Fort,

Phillips of Cobb, Wilcox.

Green,

Pickett of Gilmer.

Those not voting are Messrs.-

Almon, Anderson,

Cox of Troup, Dozier of Harris,

Mcintyre, McGar,

524

JouRNAL OF THE HousE.

Atwood, Bacon of Liberty, Bennett,
Blue,~
Brockett, Case, Causey, Colley,

Dudley, Glover of Twiggs, GooJru.n, Harralson, Hillyer, Hughes, Hutchins, James,

Peacock, Roper, Smith of Tatnall, Vick, Wall, Wilson, Willingham.

Ayes, 71. Nays, 74. Not voting, 29.

Mr. Carlton moved to reconsider the vote just had. Mr. Northen called the yeas and nays. Mr. Northen withdrew the call. Mr. Carlton renewed the call. The call was sustained, and the result was as follows :

Those voting in the affirmative are Messrs.-

Allred, Awtry, Black, Bloodworth, Bowen, Brown of Upson, Candler, Carlton, Cloud, Davis of Bibb, Dozier of Harris, Evans, Fletcher, Fortner, Freeman, Fry, Grant, Gray,

Hogan of Carroli, Polhill,

Hughes,

Pope,

Jones of Polk,

Pnce,

Jordan of Pulaski, Ragsdale,

Key,

Reece,

Kirby,

Rouse,

Marshall,

Sikes,

Matthews of Pike, Smith of Echols,

Matthews of Talbot, Smith of Walton,

Maund,

Smith of Butts,

McGar,

Stewart of Taylor,

Mobley,

Stewart of Spalding,

Moses,

Stokely,

Murray,

Turner,

North,

Turnbull,

N orthen,

Walton of Haralson,

Owenby,

Walsh,

Peek,

Wise,

WEDNESDAY, FEBRUARY 14, 1877.

525

Hammond, Harralson,

Phillips of Carroll, Willis, Pickett of Rabun, Whittle.

Those voting in the negative are Messrs.-

Adams of Chatham, Glover of Jones, Pilcher,

Adams of Lee,

Harden,

Rawlins,

Bacon of Liberty, Harrell,

Reid of Morgan,

Benson,

Hollis,

Reid of Putnam,

Branch,

Hogan of Monroe, Richardson,

Brown of Fayette, Hood,

Roberson,

Bunts,

Humber,

Robson,

Burch of Thomas, Johnston,

Russell,

Burch of Elbert, Jones of McDuffie, Scruggs,

Carter,

Jordan of Hancock, Sh~w,

Cochran,

Kendrick,

Sheffield of Early,

Collins,

Kennon,

S!le:ffi.eld of Miller,

Corker,

Kimsey,

Simms,

Cox of Bryan,

Knox,

Stanford,

Davison,

Lang,

Stewart of Milton,

Davis of Houston, Mallette,

Strickland,

Davis of Stewart, McAfee,

Taylor,

DeLoach,

McDonald,

Vick,

Dozier of Quitman, McRae,

Wade,

Duggar,

Miller,

Walton of Burke,

Duke,

Moore,

Wilkes,

Dews

Payne,

Wooldridge,

Faircloth,

Paul,

Williams.

Fort,

Pearson,

Willingham,

Frederick,

Perkins,

Wolihin,

Green,

Phillips of Cobb, Wilcox.

Gresham,

Pickett of Gilmer,

Those not voting are Messrs.-

Almon, Anderson, Atwood, Bennett, Blue,

Colley, Cox of Troup, Dudley, Glover of Twiggs, Goodrum,

Ottis, Peacock, Penn, Puckett, Roper

526

JouRNAL oF THE HousE.

Born, Brewer, .Brockett, Callaway, Case, Causey, Colbert,

Guyton, Hillyer, Hutchins, James, Leach, Mcintyre,

Smith of Oglethorpe, Smith of 'l'a.tna.ll, Tumlin, Thomas, Wall, Wilson.

Yeas, 60. Nays, 80. Not voting, 34.

So the motion did not prevail. The next amendment was taken up, which was relative to the per diem of Messengers and Doorkeepers. The amendment was to fill the blank with the word seven. The amendment was adopted. The next amendment was to fill the blank in reference to per diem of Gallery Keeper, with the word five, which amendment was adopted. The next amendment struck out the words without mileage. Adopted. The other amendments of the committe were agreed to. On the adoption of the third section, as amended, Mr. Moses called for the yeas and nays, which call-was not sustained, and the section, as amended, was then adopted. Mr. Walsh moved to take up the first section, pending which motion the House adjourned to 3.30 o'clock P.M.

WEDNESDAY, FEBRUARY 14, 1877.

527

AFTERNOON SESSION.

The House reassembled.

3:30 o'CLOCK P.M.

The roll call was dispensed with.

The consideration of the general appropriation act was resumed.
The first section was taken up. Mr. Fry called the previous question on the section, which call was sustained, and the main question on the first section ordered. The main question was put on the amendments by the committee. The first amendment by the committee was adopted. The second amendment, providing the salary for clerks of Comptroller and State Librarian, was taken up. Mr. Walsh called the yeas and nays upon agreeing to the amendment by the Committee of the Whole to the amendment of the Finance Committee, to fill the blank with "fifteen hundred" for Comptroller's and Secretary of State's clerk, and "one thousand" for State Librarian. The call was sustained, and the result was as follows:

Those voting in the affirmative are Messrs-~

Almon, Allr6d, Awtry, Bloodworth, Born, Bowen, Burch of Elbert, Carter,
C'"'e,

Gray, Gresham, Glover of Twiggs, Glover of Jones, Hogan of Monroe, Hogan of Ci!.rroll, Kendrick, Key, Marshall,

R<>ese, Richardson, Shaw, Sikes, Smith of Oglethorpe, Smith of Echols, Smith of Walton, Smith of Butta, Stanford,

528

JOURNAL OF THE HOUSE.

Causey, Davison, Davis of Houston, DeLoach, Dozier of Harris, Fletcher, Frederick, Freeman, Fry, Grant,

McDonald,

Stewart of Taylor,

Owmby,

Stewart of Milton,

Pearson,

Stewart of Spalding,

Peek,

Stokely,

Penn,

Strickland,

Phillips of Carroll, Thomas,

.Pickett of Rabun, Turnbull,

Pickett of Gilmer, Walton of Haralson,

Puckett,

Wall,

Rawlins,

Wise.

Those voting in the negative are Messrs.-

Adau.s of Chatham, Harrell,

Perkins,

Adams of Lee,

Hillyer,

Phillips of Cobb,

Bacon of Liberty, Hollis,

Pol hill,

Benson,

Hood,

Pope,

Black,

Humber,

Price,

Blue,

James,

Reid of Morgan,

Branch,

Johnston,

Robson,

Brewer,

Jones of McDuffie, Rouse,

Brown of Fayette, Jordan of Hancock, Russell,

Bunts,

Jordan of Pulaski, Scruogs,

Burch of Thomas, Kennon,

Sheffield of Early,

Candler,

Kirby,

Sheffield of Miller,

Carlton,

Knox,

Simms,

Cochran,

Lang,

Taylor,

Corker,

Leach,

Tumlin,

Cox of Bryan,

.Maliette,

Turner,

Dews,

Matthews of Pike, Wade,

Dosier of Quitman, McAfee,

Walton of Burke,

Dugg.tr,

Miller,

Walsh,

Duke,

Moore,

Wilkes,

Evans,

Moses,

Willis,

Fort,

Murray,

Wooldridge,

Green,

Northen,

Williams,

Guyton,

Ottis,

Wolihin,

Hammond,

Payne,

Willingham,

Harden,

Paul,

Wilcox.

WEDNESDAY, FEBRUARY 14, 1877.

529

Those not voting are Messrs.-

Anderson, Atwood, Bennett, Brockett, Brown of Upson, Callaway, Cloud, Colbert, Colley, Collins, Cox of Troup, Davis of Bibb, Davis of Stewart,

Dudley,

McRae,

Faircloth,

Mobley,

Fortner,

North,

Goodrum,

Peacock,

Harralson,

Pilcher,

Hughes,

Ragsdale,

Hutchins,

Reid of Putnam,

Jones of Polk,

Roberson,

Kimsey,

Roper,

Matthews of Talbot, Smith of Tatnall,

Maund,

Vick,

Mcintyre,

Whittle,

McGar,

Wilson.

Yeas, 57.

Nays, 79. Not voting, 39.



So the amendment of the Committee of the Whole to the amendment of the Finance Committee was not adopted.
The amendment of the Finance Committee was then adopted.
The amendment, proposed by the Committee of the Whole by way of a proviso to the salary of the .Attorney General, was then taken up.
On the adoption of the amendment Mr. Fry called for yeas and nays, which call was not sustained.
The amendment was lost. The section, as amended, was then read. Mr. Black moved to reconsider so much of the section as applied to the proviso in reference to the Comptroller General, which motion did not prevail. The section, as amended, was then adopted. Mr. Walsh moved to reconsider the action of the~House in the adoption of the first section.
34

530

JouRNAL oF THE HousE.

Mr. Hood called the previous question. The call was sustained, the main question ordered, and the motion to reconsider was lost.

The second section was taken up.

Mr. Candler called the previous question. The call was

sustained, and the main question was ordered on the sec-

tion and the pending amendments.

Mr. Payne offere.d the following substitute for the second

section:

SEc. 2. And be it further enacted that the sum of $6,-

500, or as much thereof as may be necessary to defray

the clerical expenses of the present House of Representa-

tives for the present session, and the further sum of three

thousand five hundred dollars ($3, 500), or as much thereof

as is necessary, is hereby appropriated to the Secretary of



the Senate to defray all the clerical expenses of the Senate for the present session, and that the payments be made on

the certificates of the Clerk of the House, and Secretary of

the Senate, that the accounts of the clerks are correct, and

that they have served the time specified, and that their

services were neceso;ary.

Mr. McDonald moved to reconsider the call for the pre-

vious question, which motion did not prevail.

The amendments to the original section were taken up.

The first amendment was adopted.

The second amendment by the committee was also

adopted.

The section was then read as amended.

On the substitute of Mr. Payne, Mr. McDonald called

for the ayes and nays, which call was sustained, and the

result was as fo bws :

Those voting in the affirmative are Messrs.-

Awtry, Bloedworth,

Green,

Pilcher,

Glover of Jones, Puckett,

WEDNESDAY, FEBRUARY 14, 1877.

531

Born, Bowen, Burch of Thomas, Callaway, Davis of Houston, Deloach, Dosier of Harris, Faircloth, Fletcher, Frederick, Freeman, Grant, Gray,

Guyton, Harden, Harralson, James, Jones of Polk, Knox, Marshall, McDonald, McG.u, Owenby, Payne, Paul, Pickett of Rabun,

Ragsdale, Rawlins, Reese, Richardson, Roberson, Smith of Walton, Stctnford, Stewart of Taylor, Stewart of Milton, Thomas, Wilkes, Williams. Wilcox.

Those voting in the negative are Messrs.-

Adams of Chatham Glover of Twiggs, Pickett of Gilmer,

Adams of Lee,

Hammond,

Polhill,

Almon,

Harrt:ll,

Robson,

Allred,

Hollis,

Rouse,

Bacon of Liberty, Hog':l.n of Carroll, Russell,

Black,

Hood,

Scruggs,

Blue,

Humber,

Shaw,

Branch,

Johnston,

Sheffield of Early,

Brewer,

Jones of McDuffie, Sheffield of Miller,

Candler,

Jordan of Hancock, Sikes,

Case,

Jordan of Pulaski, Sims,

Cloud,

Key,

Smith of Butts,

Cochran,

Lang,

Stewart of Spalding,

Colbert,

Leach,

Stokely,

Collins,

Mallette,

Strickland,

IJorker,

Matthews of Pike, Taylor,

Cox 0f Bryan,

Matthews of Talbot, Tumlin,

Davison,

Maund,

Turner,

Davis of Bibb,

McAfee,

Wade,

Davis of Stewart, McRae,

Walton of Burke,

D ....sier of Quitman, Miller,

Dudley,

Mobley,

Walton of Haralson1 Walsh,

Duggar,

Moore,

W a.ll,

532

JouRNAL oF THE HousE.

Duke, Dews, E.,.ans,
Fort, Fortner, Fry, Gresham,

North, Northen, Ottis, Pearson, Penn, Phillips of Cttrroll, Phillips of Cobb,

Wise, Willis, Whittle, Wooldridge. Wolihin, Willingham,

Those not voting are Messrs.-

Anderson, Atwood, Benson, Bennett, Brockett, Brown of Upson, Brown of Fayette, Bunts, Rurch of Elbert, Carlton, Carter, Ca.usev, Colley, Cox of Troup,

Goodrum, Hillyer, Hogan of Monroe, Hughes, Hutchins, Kendrick, Kennon, Kimsey, Kirby, Mcintyre, Moses, Murray, Peacock,

Peek, Perkins, Pope, Price, Reid of Morgan, Reid of Putnam, Roper, Smitho Oglethorpe, Smith of Echols, Smith of Ta.tna.ll, Turnbull, Vick, Wilson.

Yeas, 47. Nays, 91. Not voting, 26.

So the substitute was not adopted. The original section, as amended, was then adopted.

Leave of absence was granted Mr. Mcintyre.

On motion the House adjourned to 7.30 o'clock P.M.

WEDNESDAY, FEBRUARY 14, 187f.

533

NIGHT SESSION.

The House re-assembled.

7.30 o'clock P.M.

The roll was called and a quorum found present.

The special order being the further consideration of the general appropriation act, was taken up.
The fourth section was taken up. Mr. Davis called the previous question on the section, the call was sustained, and the main question ordered. The section, as amended, was then adopted. The fifth section and amendments thereto were taken up. Mr. Miller called the previous question on the section and pending amendments. The call was sustained, and the main question ordered. The several amendments were than taken up and disposed of. The section as amended was then adopted. Section sixth was then taken up, with the pending amendments thereto. Penrling the consideration of this section, Mr. Jordan of Hancock moved to postpone the further consideration of the bill until tomorrow morning, which motion was withdrawn. The several amendments to the sixth section were taken up and disposed of. Mr. Fort offered an additional section, to be known as section seven: To appropriate the sum of twelve hundred and fifty dollars to pay Willis A. Hawkins for legal serviin the case of the State of Georgia vs. John Jones and his securities. The House went into Committee of the Whole for the consideration of the additional section.

534

} OURNAL OF THE HOUSE

The committee arose and reported the bill back with the recommendation that the section do pasc; as amended.
The section and amendments thereto were taken up. Mr. Reid moved that the bill be laid on the table, which motion did not prevail. Mr. Branch called the previous question on the bill. The call was sustained, t:1e report of the committee was agreed to, and the bill, as amended, passed.

Mr. Stewart of Spalding moved to reconsider the passage of the appropriation act.
The Speaker ruled that the motion to reconsider could not be considered under the rules, until the reading of the Journal to morrow morning.
Mr. Stewart then moved to suspend the rules for the .purpose of now considering the motion to reconsider, which motion prevailed, and the rules were suspended for this purpose.
Mr. Miller then moved a reconsideration of the bill. Motion prevailed. Mr. Miller moved to fill the blank fixing the per diem with the word "seven." Mr. Hood offered an additional section to the bilL Mr. Miller called the previous question on the bill and pending amendments. Mr. Hood withdrew his amendment. The call for the previous question was sustained, and the main question was ordered. Mr. Fry called the yeas and nays, which call was sustained, and the result was as follows: Those voting in favor of filling the blank with " seven " are Messrs.-

Adams of Chatham, Green,

Adams of Lee,

Gresham,

B:tcon of Liberty, Harden,

B~nson,

H rrell,

Perkins, Pickett of Gilmer, Pilcher, -Polhill,

WEDNESDAY, FEBRUARY 14, 1877.

535

Black,

Hillyer,

Reid of Morgan

Blue,

Hood,

Reid of Putnam,

Branch,

Humber,

Russell,

Burch of Thomas, Johnston,

Sheffield of Early,

Burch of Elbert, Jones of McDuffie, Simms,

Carter,

Jordan of Hancock, Smith of Echols,

Cochran,

Kennon,

Taylor,

Corker,

Key,

Tumlin,

Davis of Houston, ~Iallette,

\Vade,

Davis of Stewart, McRae,

Walton of Burke,

Deloach,

Miller,

Wilkes,

Dozier of Quitman, North,

Willis,

Fort,

Payne,

W c,oldridge,

Frederick,

Paul,

Wolihin.

Those voting in the negative are Messrs.-

Almon, Allred, Atwood, Awtry, Bennett, Bloodworth, Born, Bowen, Callaway, Candler, Carlton, Davis of Bibb, Dozier of Harris, Duggar, Fortner, Freeman, Fry, Grant,

Gray,

Richardson,

Ha'llmond,

Rotse,

Harralson,

Sha\\,

Hollis,

Sikes,

Hogan of Carroll, Smith of Oglethorpe,

Matthews of Pike, Smith of Walton,

McGar,

Smith of Tatnall,

MJbley,

Smith of Butts,

Owenby,

Stanford,

Peek,

Stewart of Taylor,

Penn,

Stewart of Spalding,

Phillips of Carroll, Stokely,

Pickett of Rabun, Thomas,

Pope,

Turner,

Price,

Tunbull,

Ragsdale,

Whittle.

Rawlins,

Reece,

Those not voting are Messrs.-

Anderson, Brewer,

Guyton,

Ottis,

Hogan of Monroe, Peacock,

536

JouRNAL oF THE HousE

Brockett, Brown of Upson, Brown of Fayette, Bunts, Case, Causey, Cloud, Colbert, Colley, Collins, Cox of Troup, Cox of Bryan, Davison, Dudley, Duke, Evans, Faircloth, Fletcher, Glover of Jones, Glover of Twiggs, Goodrum,

Hughes,

Pearson,

Hutchins,

Phillips of Cobb,

James,

Puckett,

Jones of Polk.

Roberson,

Jordan of Pulaski, Robson,

Kendrick,

Roper,

Kimsey,

Scruggs,

Kirby,

Sheffield of Miller,

Knox,

Stewart of Milton,

Lang,

Strickland,

Leach,

Vick,

Marshail,

Walton of Haralson,

Matthews of Talbot, Wal;h,



Maund,

WaH,

McAfee,

Wise,

McDonald,

Wilson,

Mcintyre,

Williams,

Moore,

Willingham,

Moses,

Wilcox.

Murray,

Northen,

Yeas, 54. Nays, 53. Not voting, 67.

So the motion to fill the blank with " seven" prevailed. The bill, as amended, was then passed.

On motion, the House adjourned to 9 o'clock to morrow morning.

THURSDAY, FEBRUARY 15, 1877.

537

ATLANTA, GEORGIA, THURSDAY, February 15, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called, and a quorum found to be present.
Mr. Owenby, from the Committee on Journals reported th~ Journal of yesterday read, correct and appr:>ved.
The Journal was then read.
Mr. Stewart of Spalding, chairman of the Committee on the Judiciary, submitted the following report: .Mt. Speaker:
The Committee on the Judiciary has had under consideration the following bills, and recommend that the same do pass, to-wit:
A bill to be entitled an act to repeal an act entitled an act to provide the payment of insolvent costs to the Solicitor General of the Macon Circuit, and for other purposes, approved August 26, 1872, so far as the same re-
~
lates to the county of Crawford, and to provide for the payment of insolvent cost accruing to the Solicitor General of the Macon Circuit, out of the fines and forfeitures, as provided by section 4, 631 of the Code of Georgia.
Also, a bill to be entitled an act to prohibit the sale of any kind of intoxicating or ardent spirits within the limits of the 432d district, G. M., in the county of Irwin.
Also, A bill to be entitled an act to prohibit the sale of malt or spirituous liquors anywhere within five miles of the court-house in the town of Stetenville, in the county of Echols, and for other purposes.
Also, a bill to be entitled an act to amend section 375

5:~8

JouRNAL oF THE HousE.

of the Revised Code of Georgia, of 1873, and for other purposes.
Also, a bill to be entitled an act to amend an act entitled an act to provide for a county board of commissioners for the county of Decatur, and to prescribe and define the duties and powers thereof, approved December 13, 1871.
Also, a bill to be entitled an act 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, Harralson, Murray, Paulding and the town of Palmetto, in the county of Campbell, in the State of Georgia, and for other purposes, approved February 26th, 1875, so far as the same may apply to and affect Newnan, an incorporated city in the county of Coweta, and for other purposes.
Also, a bill to be entitled an act to fix and limit the time within which acts passed and joint resolution adopted by the General Assembly of this State during its present session, may be signed by the President of the Senate, and Speaker of the House of Representatives.
Also, a bill to be entitled an act to amend an act to organize a board of county commissioners for the county of Twiggs, approved March 2, 1875.
Also, a bill to be entitled an act to alter and amend section 1099 of the Code of Georgia.
Also, a bill to be entitled an act to amend an act entitled an act to amend an act to prohibit hunting on the lands of another in the counties of Qnitman and Camden, and for other purposes, approved February 27, 1874.
Also, a bill to be entitled an act to authorize and require the registration of all voters in the county of Glynn, of this State, and for other purposes therein mentioned.
Also, a bill to be entitled an act_to consolidate the offices of the county treasurer and the clerk of the Superior Court of Paulding county, and for other purposes.

THURSDAY, FEBRUARY 15, 1877.

539

Also, a bill to be entitled an act to change the time of commencement of the fall term of the Supreme Court, and to make it lawful for one Judge of said court, in the absence of the others, to adjourn said court under certain circumstances, and, to that end, to change sections 3,238 and 3,239 of the Code of 1873.
Also, a bill entitled an act to authorize the Castle Rock Coal Company of Georgia to reduce its capital stock, and to increase said reduced stock from time to time hereafter, and for other purposes.
Also, a bill to be entitled an act to repeal an act entitled an act to authorize the Justices of the Peace of Emanuel county to act as road commissioners, approved December 26, 1831.
Also, a bill to be entitled an act to amend section 1, 563 of the Code of 1873, and for other purposes.
Also, a bill to be entitled an act to prohibit the sale of intoxicating liquors within the limits of the county of Wilcox.
Also, a bill to be entitled an act to repeal an act to authorize the Judge of the Superior Court of the Western Circuit to fix the compensation of Ordinaries, clerks of Superior Courts and sheriffs of the following counties in said circuit, to-wit: White, Rabun and Hall, approved March 2, 1874, so far as the same relates to the county of White.
Also, a bill to be entitled an act to apportion the road hands in the counties of Emanuel and Johnson, and for other purposes.
Also, a bill to be entitled an act "to prohibit the sale of intoxieating or ardent spirits within three miles of, and within, the village of Danburgh, in the county of Wilkes, and State of Georgia.
Also, a bill to be entitled an act to amend section 598 of the Code of 1873, so as to require the construction of foot-logs on the public roads of this State, wherever water

540

JOURNAL OF THE HOUSE.

obstructions may, for any considerable period of time, prevent the dry passage o[ pedestrians over the same, and for other purposes.
Also, a bill to be entitled an act to allow a nolle prosequi to be entered in criminal cases, with the consent of the court.
Also, a bill to be entitled an act to fix the compensation of tales jurors of the county of Henry.
Also, a bill to be entitled on act to compel the municipal authorities of the city of Savannah to discontinue the Lazaretto established at Thunderbolt, and for other purposes.
Also, a bill to be entitled an act to prohibit citizens of Jefferson, Washington and Warren from selling intoxicating liquors in the county of Glascock.
Also, a bill to be entitled an act to provide for the payment of certain criminal costs in the Northern Judicial Circuit of the State of Georgia, so far as relates to the county of Lincoln,
Also, a bill to be entitled an act to amend section 3,297 of the Code of 1873, providing for attachment against fraudulent debtors.
Also, a bill to be entitled an act to amend section 245 of the Code of Georgia of 1873.
Also, a bill to be entitled an act to amend paragraph 7 of section 2, 533 of the Code of Georgia, of 1873.
Also, a bill to be entitled an act to amend an act approved February 25th, 1876, authorizing the lease for twenty years of the penitentiary convicts.
Also, a bill to be entitled a11 act to prohibit giving or furnishing to any person intoxicating liquors of any kind on the days of election in this State.

Your committee have also had under consideration the following bills, and recommend that the same do not pass, to-wit:

THURSDAY, FEBRUAR" 15, 1877.

541

A bill to be entitled an act to authorize Malcom White, a cripple and infirm man of the county of Ware, to peddle without license in the counties of Ware, Pierce, Appling and Coffee, on any article of merchandize except spirituous liquors.
Also, a bill to be entitled an act to amend an act entitled an act to organize criminal courts for the counties of DeKalb, Henry, Carroll and Sumter, approved February 22, 1873, so far as concerns the counties of Henry and DeKalb.
Also, a bill to be entitled an act to amend an act entitled an act to enable parties to waive and renounce the home stead and exemptions provided by law, approved March 2, 1875.
Also, a bill to be entitled an act for the better protection of creditors of estates in proceedings to assign dower, and for other purposes therein mentioned.
Also, a bill to be entitled an act for the better protection of creditors in all proceedings for the setting apart of the year's support of widows and minors.
Also, a bill to be entitled an act to extend the jurisdiction of Justices of the Peace and Notaries Public in criminal cases, in the counties of Chattooga, Dade, Walker and Catoosa.
Also, a bill to be entitled an act to amend section 2,537 and 2, 539 of the Code of 1873.
Also, a bill to be entitled an act to amend section 151 of the Code of 1873, relating to the sureties on official bonds.
Also, a bill t J be entitled an act to amend the claim laws of this State, by requiring statements in writing of the grounds of claim and of sale.
Also, a bill to be entitled an act to amend section 4, 528 of the Code of Georgia.

Your committee have also had under consideration the following bills, to which they offer an amendment, and ask that the same, as amended, do pass :

542

JouRNAL oF THE HousE.

A bill to be entitled an act to change the time of holding the Superior Courts in the counties of Baker, Calhoun and Lee.
Also, a bill to be entitled an act to prohibit the sale of intoxicating or spirituous liquors within three miles of the Masonic Academy in the town of Swainesboro, in Emanuel county.
Also, a bill to be entitled an act to require the Georgia Land and Lumber Company, a corporation incorporated by the laws of the State of New York, and claiming to own large tracts of land, to-wit: 300,000 acres in the counties of Telfair, MontgOI_nery, Dodge, Laurens and Pulaski, in the State of Georgia, to incorporate in accordance with, and by virtue of, the laws of Georgia, and for other purposes.

Your committee have also had under consideration a bill to be entitled an act to amend the law in relation to the legal advertising of the several counties in this State, to which your committee offer a substitute, and ask that the same be adopted in lieu of the original.
JoHN D. STEWART, Chairman.
The joint Com:1ittee on Insurance of Public Builclin;;-s, made the following report:
Th, c()mmittee appointed under a joint resolution to enquire imo the propriety of in~uring the public buildings of this State, have had the matter under consideration, and after consultation with His Excellency the Governor, beg leave to report that they have effected insurance on the public buildings of this State to the amount of one hundred and twenty-eight thousand dollars.
]. E. GoDFREY, Chairman Senate Committee.
w. P. PRICE,
Chairman House Committee.

THURSDAY, FEBRUARY 15, 1877.

543

Mr. Whittle, chairman of the Committee on the State of the Republic, submitted the following report:
Mr. Speaker:
The joint Committee on the State of the Republic have had under consideration certain resolutions, introduced by Mr. Mallette of Camden, touching the connection of the waters of the Atlantic ocean and Gulf of Mexico by a canal, to be built by the general government, which resolutions they recommend be adopted.
L. N. WHITTLE, Chairman.

Mr. Jordan. of Pulaski, chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker :
The Committee on Agriculture have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to amend an act to provide for the annual collection and publication of statistics of agricultural products and resources of this State, approved February 20, 1873.

Also, the following bill, which they recommend do not pass, to-wit:
A bill to prevent the firing of woodlands and marshes. G. W. JoRDAN, Chairman.

Mr. Thomas, chairman of the Committee on New Counties and Cot'nty Lines, submits the following report:
Mr. Speaker:
The Committee on New Counties and County Lines have had under consideration the following bill, which they report back to the House, with the recommendation that the same be withdrawn, to-wit:
A bill to be entitled an act to change the lines between the counties of Houston and Dooly.

544

JOURNAL OF THE HoUSE.

They have also had under consideration the following bills from the Senate, which they recommend do not pass, towit:
A bill to be entitled an act to change the line between the counties of Lumpkin and White.
Also, a bill to be <"ntitled an act to change the lines between the counties of Irwin and Coffee.
Respectfully submitted, W. W. THoMAs, Chairman.

Mr. Price, chairman of the Committee on Education, made the following report :

Mr. Speaker:
The Committee on Education have had under consideration:
A bill to be entitled an act to amend an act to regulate public instruction in the county of Richmond, approved August 23, 1872, which they recommend do pass.
Also, a bill to be entitled an act to require the county school commissioners of the several counties to make annual reports of school operations, and to submit their books for examination to the grand juries of their respective counties, which the committee recommend do pass.
W. P. PRICE, Chairman.

Mr. McDonald moved to reconsider the general appropriation act.
The Chair ruled the motion out of order, as one on which reconsideration had already been had.

Mr Pilcher offered the following resolution, to-wit: Resolved, By the House of Representatives, the Senate concurring, that the General Assembly of the State of Georgia will adjourn sne de on Monday, 19th instant, at 10 o'clock P.M. Laid on the table.

THURSDAY, FEBRUARY 15, 1877.

545

The regular order being the reading of House bills the third time, for final disposition, was taken up and the following bills were disposed of as follows, to-wit:
By Mr. Davis of BibbA bill to make the Tax Collectors of certain counties ex-officio sheriffs in certain cases. Senate amendment concurred in.
By Mr. GreenA bill to incorporate the Milledgeville Manufacturing Company. Senate amendment concurred in.
By Mr. StanfordA bill to amend section 2,040 of the Code. Senate amendment concurred in. By Mr. JamesA bill to authorize the issue of certain bonds. Lost.
By Mr. Phillips of CarrollA bill to allow county officers to give bond without reference to number. Lost.
By Mr. SikesA bill for the relief of Felder and Green Jackson. Mr. Born called the previous question. The call was sustained, the main question ordered, and the bill was lost.
By Mr. WooldridgeA bill to require the voters of Chattahoochee to vote in their districts. Withdrawn.
By Mr. Reed of MorganA bill to create a commissioner of fish and fisheries in this State.
This being a bill for the appropriation of money, the
35

546

JouRNAL OF THE HousE.

House went into Committee of the \Vhole for the consideration of the bill.
The committee arose and reported the bill back, with the recommendation that it do not pass.
The report was agreed to and the bill lost.
By Mr. Dozier of QuitmanA bill to amend section 898 of the Code. Passed.

Messrs. John Peabody and M. H. Blanford were invited to seats on the floor.
Mr. Hood offered the following resolution: That no member be allowed to yield the floor to another, the effect of which will be to allow any member to speak more thanten minutes, except by consent of the House.

By Mr. Matthews of TalbotA bill to ament section 1407 of the Code. Passed.

By Mr. Stewart of SpaldingA bill to make the purchase and sale of cotton futures a misdemeanor. Lost.

By Mr. Jordan of PulaskiA bill to amend the ac~ incorporating the Hawkinsville Bank and Trust Company. This being a bill requiring the call of the yeas and nays on its passage, the same- was had, and the result was as follows:
Those voting in the affirmative are Messrs.-

Adams of Chatham, Harralson,

Adams of Lee, Hollis,

Allred,

Hogan of Monroe,

Atwood,

Hogan of Carroll,

Puckett, Ragsdale, Rawlins, Reid of Morgan,

THURSDAY, FEBRUARY 15, 1877.

547

Awtry, Bacon of Liberty, Benson, Black, Bloodworth, Blue, Born, Bowen, Branch, Brewer, Brown of Upson, Bunts, Burch of Thomas, Burch of Elbert, Candler, Carlton, Carter, Case, Cloud, Cox of Bryan, Davison, DeLoach, Dews, Dozier of Harris, Evans, Faircloth, Fortner, Freeman, Grant, Green, Gresham, Glover of Twiggs, Glover of Jones, Hammond, Harden, Harrell,

Hood,

Reid of Putnam,

Humber,

Reece,

James,

Richardson,

Johnston,

Roberson,

Jones of McDuffie, Robson,

Jordan of Pulaski, Roper,

Key,

Rouse,

Kirby,

Russell,

Knox,

Scrug~s,

Leach,

Shaw,

Mallette,

Sheffield of Early,

Marshall,

Sikes,

Matthews of Pike. Smith of Oglethorpe,

Maund,

Smith of Echols,

McDonald,

Smith of Walton,

Me Gar,

Smith of Butts,

McRae,

Stanford,

Miller,

Stewart of Taylor,

Mobley,

Stewart of Milton,

Moore,

Stewart of Spalding,

Murray,

Strickland,

North,

Taylor,

Northen,

Thomas,

O t t is,

Tumlin,

Paul,

Turner,

Peek,

Walton of Burke,

Penn,

Walton of Haralson,

Perkins,

Walsh,

Phillips of Carroll, Wall,

Phillips of Cobb, Wise,

Pickett of Rabun, Whittle

Pickett of Gilmer, Wilson,

Pilcher,

Wooldridge,

Polhill,

Williams,

Pope,

Willingham,

Pnce,

Wilcox.

548

JouRNAL OF THE HousE.

Those voting in the negative are, Messrs.-

Bennett, Lang,

Stokely,

Vick,

Yeas 119. Nays 4. Not voting 51.

So the bill was passed by the requisite constitutional majority of two-thirds.

By Mr. CorkerA bill to authorize the Governor to issue certain bonds. The House went into Committee of the Whole for the consideration of the bill. The Committee of the Whole reported that they had made some progress, and asked leave to sit again.

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 deliver to the House of Representatives a communication in writing, with accompanying documents:
The message of the Governor, with accompanying documents, was referred to the Commrtte of the Whole House.
The House then went into the Committee of the Whole House for the further consideration of the bill to authorize the Governor to issue certain bonds.
The committee arose, reported progress, and asked leave to sit again.

Mr. Whittle asked a suspension of the rules, to take up and pass the bill No. 726, which motion prevailed.

On motion of Mr. Hood, the Governor's message was referred t? the joint Committee on Finance.

THURSDAY, FEBRUARY 15, 1877.

549

Leave of absence was granted Mr. Smith of Tatnall.

The House then adjourned to 3:30 o'clock P.M.

AFTERNOON SESSION.
3:30 O'CLOCK P.M.
The House re-assembled, and was called to order by the Speaker.
The call of the roll was dispensed with.
On motion of Mr. \Vhittle, and under a suspension of the rules, the following bill was taken from the table, and read for the third time, to-wit:
By Mr. WhittleA bill to govern and control the Lunatic Asylum, and give the Board 0f Tii'ustees certain authority. Amended and passed. On motion the bill was ordered transmitted to the Senate.
Leave of absence was granted Mr. Kimsey.
Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:
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 acts:
An act to amend section 2, 010 of the Code of 1873, in relation to property exempt from levy and sale.
Also, an act to make the Tax Collectors of Bibb, Hous-

550

JOURNAL OF THE HOUSE,

ton, Habersham, Jasper, Taylor, Fannin, Echols and Pulaski counties ex-officio sheriffs in certain cases.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
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 amend an act to define the jurisdiction of the County Court of Elbert county.
Also, a bill to provide for the election of Treasurer of Burke county.

The Senate has passed the following bills of the House of Representatives, to-wit:
A bill to amend an act to create a county court in Greene county.
Also, a bill to authorize the commissioners of Effingham county to regulate license to sell spirituous liquors.
Also, a bill to change the line between the counties of Troup and Coweta.
Also, a bill to require the Tax Collector of Fulton c0unty to m:tke more frequent settlements with the Comptroller General of the State, and the Ordinary of Fulton county.
Also, a bill to change the lines between the counties of Irwin and Berrien.
Also, a bill to regulate the pay of the commissioners of Glascock county.
Also, a bill to change the lines between the counties of Bibb and Twiggs.
Also, a bill to amend an act to create a board of com~ missioners for the counties of Camden, Echols and Thomas..

THURSDAY, FEBRUARY 15, 1877.

551

Also, a bill to amend an act to prevent the sale of spir-

ituous liquors to minors.

Also, a bill to change the lines between the counties of

Lowndes and Echols.

Also, a bill to authcrize the Mayor of Darien to fine

and imprison delinquent street hands in said city.

Also, Thomas

a bill coun

t

to y

t

require o keep

the an

iJtuedmigze~do

f the acco

Cou 'lnt

nty of t

Court of he costs

in civil cases tried in said court.

Also, a bill to change the time of holding the Ordinary's

Court of Schley county.

Also, a bill to prohibit the sale of spirituous liquors within

three miles of Sugar Valley Baptist Church, in Gordon

county. Also, a bill to incorporate the town of Midville, in the

county of Burke.

Also, a bill to prevent the sale of spirituous liquors within

three miles of Consolation Church, in Appling county.

Also, a bill to change the lines between the counties of

Bibb and Monroe.

Also, a bill to amend the charter of the town of Boston,

in the county of Thomas.

Also, a bill to amend the charter of the town of Black-

shear. Also, a bill to prohibit the sale of spirituous liquors

within one mile of Midway Church.

Also, a bill to repeal an act to regulate the sale of spirit-

uous liquors within the county of Miller.

Also, a bill to prohibit the sale of spirituous liquors

within the limits of the 821 district, G. M., Lumpkin

county. Also, a bill to repeal an act prescribing the mode of

granting license to sell spirituous liquors in the counties of

Burke, Jefferson and Vvashington, and for other purposes.

Also, a bill to amend an act to establish a County Court

for the counties of Dougherty and Lee.

Also, a bill to change the lines between the counties of

Taliaferro and Green.

552

JOURNAL OF THE HoUSE.

Also, a hill to authorize the county commissioners and ex-officio Justices of the Peace of Chatham county, to establish two or more voting places in the court-house of said county, and also to give the Mayor and aldermen of Savannah authority to establish two, or more, voting places in the court-house when the elections take place for Mayor and aldermen.
Also, a bill to regulate the elective franchise in municipal elections in the city of Augusta.
Also, a bill to incorporate the Middle Georgia Mineral Association.
Also, a bill to prevent joint stock companies, corporations and other associations from declaring dividends, when they have not realized an income on their investment.
Also, a bill to amend the charter of Bainbridge. Also, a bill to define the mode and manner of purchasing slaughtering cattle, so far as the same relates to the county of Bibb. Also, a bill to amend section 298 of the Code of Georgia. Also, a bill to authorize the Ordinary of Spalding- county to keep his records, and hold his Courts at a place other than at the court-house. Also, a bill to amend an act to create a board of commissioners for the county of Early. Also, a bill to amend an act to organize a County Court for the county of Randolph. Also, a bill to amend section 3, 725 of the Code of 1873. Also, a bill to amend an act for the protection of deer, partridges and wild turkeys, in the counties of Chatham and Bryan.

The Senate has passed the following bills, to-wit:
A bill to amend the laws in reference to the removal of obstructions from private ways.
Also, a bill to repeal an act to regulate the sale of spir-

THURSDAY, FEBRUARY 15, 1877.

553

ituous liqnors in the counties of Floyd, Dade, Polk, Chattooga, \Vhitfield, Wa1ker, Hall, Bartow Gordon, Coweta, Carroll, Harralson, Murray, Paulding, and the town of Palrr.etto, so far as the same applies to Whitfield, Gordon and Murray counties.
Also, a bill to repeal an act to create a County Court in certain counties, so far as it relates to the county of Miller.
Also, a bill to reduce the salaries of Tax Receiver, Tax Collector and school commi<>Sioner for the county of Forsyth.
Also, a bill to repeal sections first, second and fourth of an act to authorize 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, late of Meriwether county, and for other purposes.
Also, a bill to encourage the building of mills and other machinery on the Connesauga river, in this State.

Mr. Payne, chairman of the Committee on Enrollment submitted the following report:
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 acts, to-wit:
An act to repeal an act to amend an act to extend the jurisdiction of the Justice's Court of the district embracing the county site of Clinch county, and for other purposes, so as to apply to the district embracing the county site of Douglas county.
Also, an act to change the county lines between the counties of Carroll and Douglas, and for other purposes.
Also, an act to authorize the transfer of certain 'cases from the Superior Court of Fulton county to City Court of Atlanta, and vice versa.
Also, an act to be entitled an act to change the county line between the counties of Coweta and Meriwether.

554

JOURNAL OF THE HOUSE.

Also, an act to repeal an act to regulate and define the

pay of grand jurors and petit jurors for the county of

Chattahoochee.



Also, an act to repeal an act to allow additional com-

pensation to the sheriffs of Hall, Cass and Dade counties,

so far as the same relates to the county of Cass.

Also, an act to enable the Treasurer of Oconee county

to pay out moneys arising from fines and forfeitures in the

County Court.

Also, an act to authorize Harvey T. Powell and Arthur E.

Boardman, and their associates, to construct and operate a

boom across Ocmulgee river, at Macon, and for other pur-

poses.

Also, an act to repeal the local option law, so far as it

relates to Adairsville, in Bartow county.

Also, an act to reduce the compensation of the county

Treasurer of the county of Greene.

Also, an act to require the registration of voters in Mc-

Intosh county, and to provide for the same.

Also, an act to prohibit the sale of spirituous liquors

within one mile of Berzelia Station.

Also, an act to incorporate the Brooks County Manufac-

turing Association, and to confer certain powers and privi-

leges on the same.

Also, an act to amend an act to create a board of com-

missioners for the county of Greene.

Also, an act to incorporate the Merchants' Bank of

Macon.

Mr. Phillips, chairman of the Committee on Internal Improvements, submitted the following report:
Mr. Speaker: The Committee on Internal Improvements have had
under consideration the following bill, which they recommend do pass, as amended, to wit:

THURSDAY, FEBRUARY 15, 1877.

555

A bill to incorporate the Fort Gaines and Pataula Valley Railroad.
W. PHILLIPs, Chairman.

The following message was received from his Excellency the Governor, through Mr. vVarren, his Secretary:

Mr. Speaker:

The Governor has approved the following acts, to-wit:

An act to provide the mode of grantin~Iicense to sell

intoxicating liquors in the town of Bue~Vista, Marion

county, Georgia.

.,

An act to create a board of commissioners of roads, public buildings, public property and finances for the counties of Warren and Taliaferro, and for other purposes.
An act to amend an act approved February 27, 1875, fixing the per diem pay of jurors in the counties of Schley, Whitfield, Jackson and Clayton.
An act to amend an act entitled "an act to prohibit the killing of partridges, wild turkeys and deer at certain seasons in the counties of Lowndes, Thomas and Putnam, in this State," approved February 28, 1876, and to extend the provisions of said act, and the amendment thereto, to the county of Washington.

An act to repeal an act approved February 23d, 1876, to provide for the payment of the claims of school officers and teachers for services rendered in the year 1871, so far as the same relates to the county of Rabun.
An act to amend an ad entitled an act to amend an act to organize a Criminal Court for the counties of DeKalb, Henry, Carroll and Sumter, approved February 21st, 1876, so far as to apply to the militia district in which the city of Barnesville is situated, in the county of Pike.
An act to amend certain acts regulating the pay of jurors, and providing for the extra compensation of county offi cers, and the payment of insolvent costs, claimed against

556

JouRNAL OF THE HousE.

the county of Effingham, approved February 17th, 1876, and February 23d, 1876.
An act to repeal an act entitled an act to organize a Criminal Court in the counties of Marion, Talbot, Stewart, and Chattahoochee, approved February 22d, 1873, and amended and approved March 4th, 1875, by adding the counties of Taylor, Schley, Crawford, and Pulaski, so far as the same relates to the county of Schley.
An act to amend section 2, 009 of the Revised Code of Georgia, relati.. to the approval and recording of application for homestNd.
An act to ame'rid an act entitled an act to provide for a county board of commissioners for the county of Heard, and to prescribe and define the powers and duties thereof, approved August 24th, 1872.
An act to fix the fees of county treasurer, and the per diem of jurors and bailiffs in attendance on the Superior Court of the county of Upson.
An act to repeal an act, approved February 17th, 1876, entitled an act to provide for a county board of commissioners for the county of Tatnall, and to prescribe and define the powers and duties thereof.
An act to repeal an act assented to on the 20th of February, 1873, to compel the Tax Collectors of the counties of Burke and Monroe to receive any debt due by said counties in payment of taxes due them, so far as it relates to the county of Monroe.
An act to repeal an act establishing a County Court, and to abolish the County Court of Newton county, and for
other purposes. An act to change the line between the counties of Wil-
cox and Pulaski. An act to amend an act entitled an act to provide for a
board of commissioners of roads and revenue for the counties of Camden, Thomas and Echols, approved February

THURSDAY, FEBRUARY 15, 1877.

557

20, 1873, so far as the same relates to the county of Thomas.
An act to ratify and confirm the orders or decrees of the Superior Courts of this State granting or renewing the existence of corporations, with all action thereunder of any kind, by or with such corporations, and for other purposes.

On motion of Mr. Black, the bill to authorize the Governor to issue certain bonds, was made the special order for to-morrow immediately after the reading of the Journal.

Mr. Whittle moved that the message of the Governor on the Macon and Brunswick Railroad, with accompanying documents, be made the special order for Saturday, immediately upon the reading of the Journal.

Mr. Pilcher moved that two hundred copies of the message and documents be printed for the use of the House, which motion prevailed.

Mr. Stokely offered a resolution, that the Judiciary Committee be requested to report back to this House the bill on reduction of Judicial Circuits.
Withdrawn.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker: The Senate has passed the following bills of the House
of Representatives, to wit : A bill to incorporate the town of Rocky Mount in the
county of Meriwether. Also, a bill to create a board of commissioners for the
county of Meriwether. Also, a bill to repeal an act to provide for the payment of
insolvent criminal costs in Crawford county.

558

JouRNAL OF THE HousE.

Also, a bill to abolish the County Court of Marion county.
Also, a bill to amend an act to create a board of commissioners for the county of Talbot.
Also, a bill to change the time of holding the Superior Court of Burke county.
Also, a bill to repeal an act to establish a board of education for the city of Griffin.
Also, a bill to amend an act to regulate the sale of spirituous liquors within one mile of Ward's station, on the Southwestern Railroad.
Also, a bill to reduce the number of jurors in the County Court of Jasper county, and for other purposes.
Also, a bill to repeal an act to create a board of commissioners for the counties of Habersham and Lowndes, so far as the same applies to the county of Habersham.
Also, a bill to repeal an act to amend an act establishing County Courts in the counties of Dougherty, Early and Lee.
Also, a bill to amend the charter of the city of Cartersville.
Also, a bill to change the time of holding the Superior Courts in the county of Miller.
Also, a bill for the relief Gidson L. Mathias, of the county of Washington.
Also, a bill to amend an act to incorporate the Trustees of the Masonic Hall in the city of Augusta.
Also, a bill to authorize the commissioners of Chatham county, and the Mayor of Savannah, to compel the removal of persons who have small-pox to small-pox hospital, and to make vaccination compulsory.
Also, a bill to change the line between the counties of Henry and Clayton.
Also, a bill to authorize the board of commissioners of Decatur county to issue bonds for certain purposes.
Also, a bill to amend section 459 ofthe Code of 1873.

THURSDAY, FEBRUARY 15, 1877.

559

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 amend section 1, 270 of the Revised Code of Georgia.
Also, a bill to regulate liquor license in the county of Appling.
Also, a bill to reduce the sheriff's bond of Clinch county. Also, a bill to provide for the manner of appointing the commissior.ers of Mcintosh county. Also, a bill to reduce the sheriff's bond of Wilkinson county. A bill to prevent persons from seining for fish in the waters of Suwannooche and Tom's creek, in Georgia.

The Senate has passed the following bills, to-wit:
A bill to amend the charter of the State Savings Bank of Atlanta.
Also, a bill to provide for the taking of testimony in certain cases.
The regular order being the reading of House bills for final dispo<;ition, was taken up, and the following bills were disposed of:
By Mr. StriGklandA bill to prevent seining in Suwannoochee and Tom's creek, in the counties of Echols and Clinch. Senate amendment concurred in. Also, a bill to reduce the sheriff's bond in the county of Clinch. Senate amendments concurred in. By Mr. AtwoodA bill to provide for the_ appointment of commissioners in Mcintosh. Senate amendment concurred in. By Mr. Robinson-

560

JouRNAL OF THE HousE.

A bill to regulate the sale of liquors in the county of Appling.
Senate amendments concurred in. By Mr. KnoxA bill to amend section 1,270 of the Code. Senate amendment concurred in. By Mr. HughesA bill to reduce the sheriff's bond in the county of Wilkinson. Senate amendments concurred in. By Mr. PerkinsA bill to provide for the election of treasurer of the county of Burke. Amendments of the Senate concurred in. By Mr. Burch of ElbertA bill fixing the jurisdiction of the County Court of Elbert county. Senate amendments concurred in. By Mr. FryA bill to authorize affidavits in certain cases to be made in other States. Lost. By Mr. Smith of OglethorpeA bill to amend section 4,379 of the Code. Passed as amended. By Mr. Cox of BryanA bill to exempt the Hartwell Mounted Riflemen from road duty. Passed. By Mr. MosesA bill to facilitate the collection of tax executions. Passed. By Mr. Pickett of RabunA bill for the relief of Geo. A. Greenwood. Passed, By Mr. Reid of Morgan-

THURSDAY, FEBRUARY 15, 1877.

561

A bill for the relief of John R. Hough. The House went into Committee of the Whole House for the consideration of the bill. The committee arose and reported the bill back, with the recommendation that the bill do pass as amended. Mr. Rabun called the previous question. The report of the committee was not agreed to, and the bill was lost.
By Mr. FrederickA bill to amend section 1, 431 of the Code. Passed.
By Mr. MillerA bill to amend the act amending the homestead laws of this State. Passed by substitute.
By Mr. Davis of HoustonA bill to alter and amend the County Court laws of this State, so far as the same apply to the county of Houston. Amended and passed. By Mr. HutchinsA bill to incorporate the Lawrenceville Branch Railroad Company. Passed. By Mr. JamesA bill to pay theWestern and Atlantic Railroad change bills. Amended and passed. By M1. FryA bill to exempt from road, jury and militia duty the members of the volunteer military companies, and to relieve them from the payment of poll tax in this State. Tabled. By Mr. MalletteA bill to provide a registration law for Camden county. Passed by substitute.
36

562

JouRNAL OF THE HousE.

By Mr, WhittleA bill to incorporate the Georgia Cornwall Copper Mining Company.

On motion the House adjourned to 7.30 o'clock.

NIGHT SESSION.

7.30 O'CLOCK.

The House re-assembled, and was called to order by the Speaker.

The roll was called and a quorum found present.

Mr. Candler offered a resolution, that the Clerk be authorized to employ such additional clerks as may be necessary, under certain restrictions therein named, which was agreed to.

The regular order, being the reading of House bills the third time, was resumed :
By Mr. WhittleA bill to revive and continue in force the act incorporating the Peoplec;' Bank of Mc.con.
This being a bill requiring the call of the yeas and nays on its passage, the same was had, and the result was as follows:

Those voting in the affirmative are Messrs.-

Almon, Allred, Awtry, Benson, Black,

Hogan of Carroll, Hogan of Monroe, James, Johnston, Jones of McDuffie,

Rawlins, Reece, Robson, Roper, Rouse,

THURSDAY, FEBRUARY 15, 1877.

563

Bloodworth, Blue, Born, Bowen, Branch, Brewer, Brown of Upson, Bunts, Burch of Thomas, Burch of Elbert, Callaway, Candler, Carter, Case, Causey, Cloud, Collins, Dozier of Harris, Dudley, Duggar, Fortner, Freeman, Grant, Gray, Hammond, Harden, Harrell, Harralson,

Jordan of Hancock, Russell,

Kendrick,

Scruggs,

Key,

Sheffield of Early,

Kirby,

Sikes,

Mallette,

Simms,

Marshall,

Smith of Echols,

Matthews of Talbot, Smith of Walton,

Maund,

Smith of Butts,

McAfee,

Stanford,

McDonald,

Stewart of Taylor,

McRae,

Stewart of Milton,

Moore,

Stewart of Spalding,

Murray,

Strickland,

North,

Taylor,

Owenby,

Thomas,

Payne,

Tumlin,

Paul,

Turner,

Penn,

Turnbull,

Perkins,

Wade,

Phillips of Carroll, Walton of Haralson

Phillips of Cobb, Wal:~h,

Pickett of Rabun, Wilkes,

Pickett of Gilmer, Whittle,

Pilcher,

Wooldridge,

Polhill,

Williams,

Price,

Wolihin,

Puckett,

Wilcox.

Ragsdale,

Those voting in the negative are Messrs.-

Bennett, Green,

Stokely,

Vick,

Those not voting are Messrs.-

Atwood, Colbert, Colley, Cox of Troup,

Glover of Jones, GooJru<n, Guyton, Hillyer,

Ottis, Peacock, Pearson, Peek,

564:

JouRNAL OF THE HousE.

Cox of Bryan, Davison, Davis of Bibb, Davis of Houston, Davis of Stewart, DeLoach, Dukt, Evans, Faircloth, Fletcher, Fort, Frederick, Fry, Gresham, Glover of Twiggs,

Hollis, Hughes, Humber, Hutchins, Jordan of Pulaski, Kennon, Knox, Lang, Leach, Matthews of Pike, Miller, Mobley, Moses, Northen,

Pope, Reid of Morgan, Reid of Putnam, Richardson, Roberson, Shaw, Sheffield of Miller, Smith of Tatnall, Walton of Burke, Wall, Wise, Willis, Wilson, Willingham.

Ayes, 98. Nays, 4. Not voting, 72.

So the bill was passed by the requisite constitutional majority.

By Mr. TumlinA bill to organize a County Court in the county of Bartow. Passed. By Mr. HoodA bill to change the lines between the counties of Randolph and Stewart. By Mr. WhittleA bill to regulate certain convicts, in the county of Bibb. Laid on the table. By Mr. ColleyA bill to amend section 4, 355 of the Code. Passed.

Mr. Evans, chairman of the Committee on Public Buildings, submitted the following report:

THURSDAY, FEBRUARY 15, 1877.

565

Mr. Speaker:

The Committee on Public Buildings, having been in

structed to examine and report upon the condition of the

plasterjng over the Speaker's desk, submit as their report,

the following report of Mr. Thrower, an expert plasterer,

and recognized authority in such matters, made this day to

Governor A. H. Colquitt; and, further, that the por-

tion of ceiling giving away, has been ordered fixed imme

diately, and will not interfere with the business of the House

in any way.

M.A. EvANS, Chairman.

ATLANTA, Febrl!ary 15, 1877.
To his Excellency A. H. Colquitt, Govemor of Georgia:
SIR-At the instance of J. B. Baird, Superintendent, etc., I have examined the plastering over the Speaker's stand in the House of Representatives, and find it to be attached to the laths. The bulge in the ceiling is caused by the giving way of a portion of the furring to which the laths are nailed. From all appearances the ceiling has been in this condition a long time.
The ends of the furring being perfectly nailed, that portion that has given way can be readily secured beyond the possibility of accident.
I do not consider it now in any immediate dang-er of falling, but it should be fixed as early as practicable.
Very respectfully, JAMES G. THROWER;
Mr. Carlton, chairman of the Committee on Finance, submitted the following report:
Mr. Speaker: The Com~ittee on Finance have had under consider
ation the following bill, to which they offer an amendment, and ask that the same, as amended, do pass, to-wit:

566

} OURNAL OF THE HOUSE.

A bill to be entitled an act to regulate the commissions of county treasurers in this State.
H. H. CARLTON, Chairman.

Mr. Candler of Hall offered the following resolution, which was agreed to, to wit:
A resolution-
Resolved, That the Clerk of the House be, and he is hereby, authorized to employ such additional clerks to do the clerical work of the House, as in his judgment may be necessary; and that on the certificate of the Clerk of the House of Representatives, that the account presented by the engrossing or enrolling clerk is correct, and that the said engrossing and enrolling clerk has served the time specified in said account, and that his services were necessary, shall be sufficient to authorize the chairman of the Committee on Enrollment to approve the same.

By Mr. TumlinA bill to regulate the commissions of county treasurers in this State. Amended, and recommitted to Finance Committee.
By Mr. PaulA bill to change the lines between the counties of Baker and Calhoun. Amended and passed.

Leave of absence was granted the Committee on Agriculture.

By Mr. Paul-

A bill to change the lines between the counties of Ran-

dolph and Calhoun.

'

Amended and passed.

By Mr. Pierson-

THURSDAY, FEBRUARY 15, 1877.

567

A bill to establish the lines between the counties of Ware and Coffee, and Coffee and Clinch.
Passed. By Mr. MalletteA bill to exempt from road and jury duty pilots in the county of Camden. Passed. By Mr. DewesA bill to fix the pay of jurors in the county of Baker. Amended and passed. By Mr. KennonA bill to amend section 4, 716 of the Code, Passed. By Mr. OwenbyA bill to change the line between Whitfield and Catoosa. Passed. Also, a bill to incorporate the Graysville Methodist church, in the county of Catoosa. Amended and passed by substitute. By Mr. BowenA bill to make the cierk of the Superior Court. of the county of Douglas er-o.fficio treasurer. Passed.
By Mr. ReeceA bill to amend the act incorporating the town of Marthasville. Recommitted to Committee on Corporations.
By Mr. ReeceA bill to amend the game laws of the county of Floyd. Passed.
By Mr. WhittleA bill to al!thorize the Mayor and council of the city of Macon to issue bonds. Passed. By Mr. Fry-

568

JOURNAL OF THE HOUSE.

A bill to require the Ordinary of Fulton county to pay certain jury scrip.
Passed. By Mr. DudleyA bill to change the lines between the counties of Floyd and Greene. Recommitteed to Committee on New Counties and County Lines. By Mr. BornA bill to repeal the act to regulate the sale of liquors in the county of Gwinnett.
By Mr. Bennett. A bill to limit the per cent. on the State tax for county purposes in the county of Jackson.
Passed. By Mr. EvansA bill to amend the tax laws of the .State of Georgia. Amended. Laid on the table. By Mr. FrederickA bill to amend the act incorporating the town of Spalding. Passed. The following bill was taken from the table: By Mr. FryA bill to exempt the military of Fulton county from road and jury duty. Laid on the table. By Mr. WillisA bill to prohibit the sale of liquor near Lebanon Church, in the county of Macon. Passed. Also, a bill to amend the County Court laws of the county of Macon. Amended and passed. By Mr. Roper-

THURSDAY, FEBRUARY 15, 1877.

569

A bill to amend the liquor laws in the county of Meri wether.
Amended and passed. By l\Ir. BranchA bill to make penitentiary convicts liable to road duty. Amended and passed.

Mr. Russell moved a suspension cif the rules to allow a certain bill taken up and read the second time, which motion did not prevail.
By Mr. Davis of StewartA bill to amend section 4,814 of the Code. Recommitted. By Mr. MosesA bill to amend section 798 of the Code. Laid on the table. Also. a bill to amend section 864 of the Code. Laid on the table. By Mr. CloudA bill to repeal the act providing for the payment of insolvent costs in the county of Clayton. Passed. By Mr. TumlinA bill to regulate the commissions of county treasurers in this State. Laid on the table. By Mr. Jones of PolkA bill to abolish the County Court in the county of Polk. Amended and passed. By Mr. BlackA bill to effect the more certain service of mesne process in certain cases. Passed. By Mr. MosesA bill to amend section 864 of the Code.

570

JOURNAL OF THK HOUSE.

Was taken from the table, amended and passed. Also, a bill to ame_nd section 798 of the Code. Was taken from the table, amended and passed. By Mr. Bacon of BibbA bill to authorize the reduction of the capital stock of the Exchange Bank of Macon.

This being a bill requiring the call of the yeas and nays on its passage, the same was had, and the result was as follows:

Those voting in the affirmative are Messrs.-

Adams of Lee, Almon Allred, Bacon of Liberty, Bennett, Black, Bloodworth, Blue, Born, Bowen, Branch, Brewer, Bunts, Burch of Thomas, Carlton, Carter, Case, Collins, Corker, Cox of Bryan, Davis of Houstun, Davis of Stewart, DeLoach, Dozier of Harris, Dudley, Duggar,

Gray,

Phillips of Carroll,

Green,

Pickett of Gilmer,

Hammond,

Pickett of Rabun,

Haralson,

Pilcher,

Hillyer,

Pope,

Hollis,

Price,

Hogan of Carroll, Puckett.

Hutchins,

Ragsdale,

Johnston,

Rawhns,

Kennon,

Roberson,

Key,

Roper,

Kirby,

Rouse,

Lang,

Russell,

Mallette,

Sheffield of Early

Marshall,

Sikes,

Matthews of Pike, Smith of Oglethorpe,

Matthews of Talbot, Smith of Echols,

Maund,

Smith of Butts,

McAfee,

Stanford,

McDonald,

Stewart of Taylor,

McRae,

Stewart of Milton,

Miller,

Strickland,

Mobley,

Taylor,

Moore,

Thomas,

Murray,

Tumlin,

North,

Wilkes,

THURSDAY, FEBRUARY 15, 1877.

571

D11ke, Faircloth, Fortner, Freeman, Fry, Grant,

Owenby, Payne, Paul, Penn, Perkins, Phillips of Cobb,

Whittle, Wooldridge, williams. Wolihin.

Those voting in the negative are Messrs.-

Sheffield of Miller, Stokely,

Vick.

Those not voting are Messrs.-

Adams of Chatham, Glover of Twiggs, Peek,

Anderson,

Glover of Jones, Polhill,

Atwood,

Goodrum,

Reid of Morgan,

Awtry

Guyton,

Reid of Putnam,

Benson,

Harden,

Reece,

Brockett,

Harrell,

Richardson,

Brown of Upson, Hogan of Monree, Robson,

Brown of Fayette, Hood,

Scruggs,

Burch of Elbert, Hughes,

Shaw,

Callaway,

Humber,

Simms,

Candler,

James,

Smith of Walton,

Causey,

Jones of McDuffie, Smith of Tatna11,

Cloud,

Jones of Polk,

Stewart of Spalding,

Cochran,

Jordan of Hancock, Turner,

Colbert,

Jordan of Pulaski, Turnbull,

Colley,

Kendrick,

Wade,

Cox of Troup,

Kimsey,

Walton of Burke,

Davison,

Knox

Walton ofHa!ralson,

Davis of Bibb,

Leach,

Walsh,

Dews,

Mcintyre,

Wall,

Dozier of Quitman, McGar,

Wise,

Evans,

Moses,

Willis,

Fletcher,

Northen,

Wilson,

Fort,

Ottis,

Willingham,

572

JouRNAL oF THE HousE.

Frederick, Gresham,

Peacock, Pearson,

Yeas, 94. Nays, 3. Not voting, 77.

Wilcox.

So the bill was passed by the rexuisite constitutional two-thinls majority.

By Mr. LeachA bill to authorize the Treasurer to pay R. E. Wilson certain moneys. This being a bill for the appropriation of money, the House went into Committee of ths Whole for its consideration. The committee arose and reported the bill back, with the recommendation that it do not pass. The bill was withdrawn.

By Mr. TumlinA bill to regulate commissions of county treasurers in this State, was taken from the table, amended and p.1ssed.

Mr. Simms moved to suspend the rules to read House bills the seconu time, which motion prevailed, and the following bills were read :
By Mr. BranchA bill to authorize the commissioners of Penfield to levy taxes. WitJ;ldrawn. By Mr. Stewart of Taylor-A bill to empower the Mayor and council of the town of Butler to issue bonds. By Mr. Adams of ChathamA bin to appropriate one-half the State tax of the county of Chatham for certain purposes. By Mr. Mobley-

THURSDAY, FEBRUARY 15, 1877.

573

A bill to allow Lawson F. Collyer to sell drugs without license.
Lost. By Mr. BranchA bill to consolidate the offices of Tax Receiver and sheriff in the county of Greene, By Mr. RawlinsA bill to fix the pay of jurors in the county of Dodge. Lost. By Mr. Davis of HoustonA bill to provide for the compensation of Tax Receivers in this State. Laid on the table. Mr. Stewart of Spalding, chairman of the Committee on the Judiciary, submitted the following report:
Mr. Speaker: The Committee on the Judiciary have had under con-
sideration the following bills, and recommend that the same do pass, to wit:
A bill to authorize the payment of insolvent cost due Evan P. Howell, late Solicitor of the Superior Court of Fulton county, and to require the Ordinary of said county, upon certain terms and conditions, to levy a special tax, and have the same collected for said purpose.
Also, a bill to be entitled an act to prevent the maintaining or carrying on of any lottery in this State, and for other purposes.
Also, a bill to be entitled an act to prescribe for the proper representation of criminal cases in the Supreme Court, and for other purposes.
Also, a bill to be entitled an act to amend an act entitled an act to create a board of commissioners of roads and revenue for the county of Chattahoochee.
Also, a bill to be entitled an act to prohibit the sale of ardent spirits in Cusseta district, Chattahoochee county.
Also, a bill to be entitled an act to prohibit any and all

574

~JOURNAL OF THE HoUSE

person or persons from selling, giving, or furnishing spir ituous liquors to any person or pesons on election day.
Also, a bill to be entitled an act to prohibit the sale of intoxicating liquors within three miles of the town of Clarkesville, in the county of Habersham.
Also, a bill to be t!ntitled an act to prohibit the sale of spirits or intoxicating liquors in the county of Pulaski, ex-
eept in the limits of incorporated towns in said county. Also, a bill to be entitled an act to prohibit the sale of
intoxicating spirits within three miles of Eureka and Bethel church, in the county of Elbert.
Also, a bill to be entitled an act t0 prohibit the sale of intoxicating liquors in three miles of Cleveland, in the county of White.
Also, a bill to be entitled an act to prohibit the sale of intoxicating liquors on Saint Simons Island, and for other purposes.
Also, a bill to be entitled an act to prohibit the sale of intoxicating liquors in the county of DeKalb, and for other purposes.
Also, a bill to be entitled an act to prohibit the sale of intoxicating liquors within two miles of Snapping Shoals, in Newton county, and for other purposes.
1\ lso, a bill to be entitled an act to establish a board of commissioners of roads and revenues for the county of Ware, and for other purposes, which they recommend do pass, as amended.
Also, a bill to be entitled an act to amend section 4874 of the Code, on the subject of the employment of convicts, and for other purposes, to which they offer an amendment and ask that the same, as amended, do pass.
Also, a bill to be entitled an act to appoint Cuyler W. Hilliard, J. W. McQuaigan, Daniel Morrison, John W. Murray, \\'illiam M. Denton and Randall Jordan, together with the Ordinary, as a board of county commissioners for the county of \Vare.

THURSDAY, FEBRUARY 15, 1877.

575

Also, a bill to be entitled an act to repeal 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 24th, 1870.
Also, a bill to be entitled an act to relieve Loan and Building Associations of this State from the payment of taxes assessed for the year 1875, upon any portion of their capital, which has been loaned or advanced to a shareholder upon real estate, upon which real estate tax is payable by said shareholder.

Your committee have also had under consideration the following bills, and recommend that the same do not pass, to-wit:
A bill to be entitled an act to repeal an act to authorize the Judges of the Superior Courts, Ordinaries and Justices of the Peace, in this State, to order the sale of the property, when levied on, whenever the same is of a perishable nature, or liable to deteriorate in value from keeping, or when there is expense in keeping the same.
Also, a bill to be entitled an act to repeal section 3d of - an act passed March 4, 1875, entitled an act to establish a
City Court in the city of Atlanta, and for other purposes. Also, a bill to be entitled an act to fix the Judicial Cir-
cuits of this State, and for other purposes. Also, a bill to be entitled an act to amend the Constitu.
tion of this State, and for other purposes. Also, a bill to be entttled an act to prohibit any person
from selling, giving or furnishing to any person any spirituous or intoxicating liquors on the day of election, within one mile of any election precinct in the county of Towns, and for other purposes therein mentioned.
Also, a bill to be entitled an act to require the constables in this State to notify defendants in fi. fas. in writing of the time and place at which all property in this State, of a perishable nature, is to be sold under an order of court,

576

JouRNAL OF THE HousE.

and to require them to advertise their sales at three of the most public places in their districts.
Also, a bill to be entitled an act to give Justices of the Peace and Notaries Public, who are ex-officio Justices of the Peace, of 1,026 and 1, 234 districts, G. M., Fulton county, general and concurrent jurisdiction, and for other purposes.

Your committee have also had under consideration the following bills, to which your committee offer an amendment, and ask that the same, as amended, do pass, to-wit:
A bill to be entitled an act to prevent persons from storing guano or commercial fertilizers within five hundred yards of the public square of the city of Covington, and to prescribe penalties, etc.
Also, a bill to be entitled an act to require the sheriffs of the State to keep a record of persons committed to jail.
JoHN D. STEWART, Chairman. By Mr. RussellA bill to fix the fees of Justices and Notaries in the county of Chatham. By Mr. Matthews of PikeA bill to change the time of holding the Superior Courts in the county of Pike. Withdrawn. By Mr. HutchinsA bill to create the Apalachee Judicial Circuit. Laid on the table. By Mr. JamesA bill to prevent the maintaining of lotteries in this State. By Mr. WooldridgeA bill t0 amend the act creating a board of commissioners in the county of Chattahoochee. By Mr. PilcherA bill to amend section 4,155 of the Code.

THURSDAY, FEBRUARY 15, 1877.

577

By Mr. WooldridgeA bill to fix the sale of liquors in the county of Chattahoochee. By Mr. McDonald-. A bill to appoint certain parties a board of commissioners for the county of Ware. By Mr. SimsA bill to establish a board of commissioners in the county of Newton. By Mr. WalshA bill to create a board of health in the city of Augusta. By Mr. MalletteA bill to repeal the laws authorizing the issue of land warrants. By Mr. WilcoxA bill to require the Georgia Land and Lumber Company to be incorporated. By Mr. KnoxA bill to regulatf! the fees of lumber measurers on the Satilla river. By Mr. HoodA bill to require sheriffs to keep a record of persons committed to jail. By Mr. Whittle-
A bill to pay J. Boorman, Johnson & Co.
By Mr. NorthenA bill to amend the laws in reference to the publication of agricultural statistics. By Mr. Payne-
A bill to authorize the purchase of certain newspaper files.
By Mr. Davis of StewartA bill to amend section 4,814 of the Code. By Mr. Price-
A bill to incorporate the Aurora Mining Company.
37

578

JouRNAL OF THE HousE.

By Mr. PolhillA bill to submit a school tax to the people. By Mr. CorkerA bill to create a Commissioner of Public Printing. Withdrawn. By Mr. HarrisA bill to amend the judgment laws. By Mr. HardenA bill to regulate the sale of fertilizers. By Mr. OwenbyA bill to prohibit the furnishing of spirituous liquors on election days. By Mr. HillyerA bill to incorporate the Collins Manufacturing Company By Mr. GuytonA bill to abolish the board of commissioners in the county of Laurens. By Mr. GreshamA bill to regulate the storage of fertilizers in the county of Greene. By Mr. StokelyTo fix the number ofJ udicial Circuits. By Mr. McRaeTo require James Bowen to make certain deeds. By Mr. GuytonTo fix the pay of jurors in the county of Laurens. By Mr. HillyerTo incorporate the Gwinnett :Manufacturing Company. By Mr. Davis of HoustonTo amend the road laws. By Mr. TumlinTo abolish the office of principal keeper of the Penitentiary. By Mr. PriceTo incorporate the Fish Trap Gold Mining Company.

FRIDAY, FEBRUARY 16, 1877.

579

The House then adiourned to 9 o'clock to-morrow morning.

ATLANTA, GEORGIA, Friday, February 16, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found present.
Mr. Willis, from the Committee on Journals, reported the Journal of yesterday read, correct and approved.
The Journal was then read.
The Committee on New Counties and County Lines submits the following report : Mr. Speaker:
The Committee on New Counties and County Lines has had under consideration the following bill, which they recommend do pass, to-wit:
A bill to be entitled an act to change the lines between the counties of Floyd and Gordon.
Respectfully submitted. W. W. THOMAS, Chairman.
Mr. Jordan of Pulaski, chairman of the Committee on Agriculture, submitted the following report: Mr. Speaker:
The Committee on Agriculture have had under consideration the following bill of the Senate, which they recommend do pass, to-wit:
A bill to prevent obstructions to the passage of timber

580

JouRNAL OF THE HousE.

to market by Rocky and Cobb creeks, in the county of Tatnall, and for the purposes therein mentioned.
Also, the following bills of the House, which they recommend do not pass, to-wit :
A bill for the mutual protection of purchasers and vendors of fertilizers, and to prevent fraud in the manufacture of the same.
Also, a bill to encourage sheep husbandry, to fix a tax on dogs, and f?r other purposes.
Also, the following bill, which they refer back to the House without recommendation, to-wit:
A bill to amend an act to incorporate the Belgian American Company for the development of direct trade with the Southern States, with an amendment.
GEo. W. JoRDAN, Chairman.

Mr. Frederick moved a reconsideration of the bill to create a commissioner of fish and fisheries.
Mr. Turnbull moved to lay the motion on the table. On this question Mr. Turnbull called the yeas and nays, which call was sustained, and the result was as follows:

Those voting in the affirmative are, Messrs.-

Adams of Lee, Almon, Allred, Bacon of Liberty, Benson, Bennett, Bloodworth, Born, Bowen, Brown of Upson, Bunts, Carter, Case,

Grant,

Roberson,

Gray,

Roper,

Glover of Twiggs, Shaw,

Hollis,

Sheffield of Miller,

Hogan of Monroe, Sikes,

Hogan of Carroll, Smith of Echols,

Knox,

Smith of Tatnall,

Lang,

Smith of Butts,

:Mallette,

Stanford,

Matthews of Talbot, Stewart of Taylor,

Maund,

Stewart of Milton,

McDonald,

Stewart of Spalding,

Mcintyre,

Stokely,

FRIDAY, FEBRUARY 16, 1877.

581

Causey, Colbert, Collins, Davison, DeLoach, Dozier of Harris, Dudley, Faircloth, Fletcher, Freeman, Fry,

McGar,

Taylor,

Mobley,

Thomas,

Owenby,

Turner,

Pearson,

Tum bull,

Penn,

Vick,

Perkins,

Wade,

Phillips of Carroll, Walton of Burke,

Pickett of Rabun, Walton of Haralson,

Pilcher,

Wa11,

Rawlins,

Willingham,

Reece,

Wilcox.

Those voting in the negative are Messrs.-

Adams of Chatham, Glover of Jones, Payne,

Anderson,

Guyton,

Paul,

Atwood,

Harden,

Peek,

Awtry,

H~rrell,

Pickett of Gilmer,

Black,

Hillyer,

Polhill,

Branch,

Hood,

Pope,

Brewer,

Hughes,

Price,

Burch of Thomas, Humber,

Ragsdale,

Burch of Elbert, James,

Reid of Putnam,

Calla way,

Johnston,

Richardson,

Carlton,

Jones of McDuffie, Rotse,

Cochran,

Jordan of Hancock, Russell,

Cox of Troup,

Kendrick,

Scruggs,

Cox of Bryan,

Kennon,

Sheffield of Early,

Davis of Bibb,

Key,

Simms,

Davis of Houston, Matthews of Pike, Smith of Oglethorpe,

Davis of Stewart, McAfee,

Smith of Walton,

Dews,

Miller,

Tumlin,

Dozier of Quitman, Moore,

Willis,

Duggar,

Moses,

Whittle.

Fortner,

Murray,

'Vilson,

Frederick,

North,

Wooldridge,

Green,

Northen,

Williams,

Gresham,

Pe:1.cock,

Wolihin.

582

JouRNAL OF THE. HousE.

Those not voting are Messrs.-

Blue, Brockett, Brown of Fayette, Candler, Cloud, Colley, Corker, Duke, Evans, Fort,

Goodrum, Hammond, Harralson, Hutchins, Jones of Polk, Jordan of Pulaski, Kimsey, Kirby, Leach, Marshail,

McRae, Ott is, Phillips of Cobb, Puckett, Reid of Morgan Robson, Strickland, Wal;h, Wise, Wilkes.

Yeas, 72. Nays, 72. Not voting, 30.

So the motion to lay on the table did not prevail.

Mr. Branch called the previous question on the motion to reconsider.
The call was sustained and the motion did not prevail.

Mr. Duggar asked a suspension of the rules to allow him to introduce the following resolution, which motion prevailed, and the resolution was read and referred to the Committee on the State of the Republic :
WHEREAS, There is reliable information of serious trouble between the revenue officers, aided by United States soldiers, in the northeastern portion of the State ; and,
\Vhereas, it is true that an officer of the United States army has been killed, and a rumor that a number of citizens were killed, and a large number arrested and now imprisoned; and,
Whereas, a detachment of United States soldiers have been sent on from this place as reinforcements to the soldiers already there ; and,

FRIDAY, FEBRUARY 16, 1877.

583

Whereas, it is the earnest wish and desire of the citizens of the State of Georgia to preserve the peace and obey the laws; and,
Whereas, it is rumored and believed that the soldiers of the United States army are being used by revenue officers to oppress and cruelly treat unoffending citizens:
Now, to the end that the facts, as they exist, may be made known, that the State of Georgia may act advisedly in suppressing disorder and wrong upon the part of her citizens, and claim protection from the United States Gov ernment against wrong against her citizens; bP. it Resolved, That the Governor be requested to send three discreet persons to the coPnties involved in this trouble, who shall investigate the true cause of trouble, and the conduct of the parties involved, and report the same to his Excellency, the Governor, at as early a day as possible.

Mr. Fort moved to suspend the rules and take up the Senate bill to amend the Constitution, which motion prevailed, and the bill was read the first time, and referred to the Committee on the Judiciary.

Mr. Allred introduced the following resolution, to-wit. That the Committee on the State of the Republic be requested to give prompt attention to the resolution referred to them, in regard to the distillery troubles, and report to the House, at the earliest possible moment, the result of their deliberations. Agreed to.

The regular order, being the reading of the House bills the third time for final disposition, was taken up, and the following bills disposed of:
By Mr. WalshA bill to fix the bond of the Tax Collector of the county of Richmond. Passed.

584

JOURNAL OF THE HOUSE.

By Mr. WhittleA bill to regulate certain convicts in the county of Bibb was taken from the table and passed. By Mr. Adams of ChathamA bill to appropriate one-half the State tax to be paid by the county of Chatham for certain purposes. Laid on the table. By Mr. BranchA bill to consolidate the offices of Tax Receiver and sheriff of the county of Greene. Amended and pased.

The hour having arrived for the consideration of the special order, it being the bill "To authorize the Governor to issue certain bonds," it was taken up.
On motion of Mr. Black, the House went into Commiaee of the \Vhole House for the consideration of the bill.
The committee arose and repcrted the bill back, with the recommendation that it do not pass.
The bill was withdrawn. By Mr. HoodA bill to require sheriffs to keep a record of persons committed to jail. Amended and passed.

Leave of absence was granted Messrs. Murray and Strickland.

On motion, the House adjourned to 3.30 o'clock P. M.

AFTERNOON SESSION.
3:30 O'CLOCK. The House reassembled, and was called to order by the Speaker.

FRIDAY, FEBRUARY 16, 1877.

585

The roll call was dispensed with.;

The regular order, being the reading of Hou~e bills the third time, was resumed, and the following bills were so read:

Leave of absence was granted the Committee on the State of the Republic.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
llfr. Speaker:
The Senate has concurred in an amendment of the House of Representatives to an amendment of the Senate to the following bills of the House of Representatives, to-wit:
A bill to regulate the pay of jurors and bailiffs of Paulding county.

The Senate insists on its amendment to the fr llowing bill of the House of Representatives, to-wit:
A bill to alter and amend section 4,370 of the Code of Georgia.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:
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 acts to-wit:
An act to incorporate the Trustees of Masonic Hall, in the city of Augusta, and for other purposes.
Also, an act to authorize the Ordinary ofSpalding county to keep his office and records, and hold his courts, at a place other th:.~n at the court-house of said county.
Also, an act to authorize the county board of commissioners of the county of Decatur, to issue bonds of said

586

JouRNAL OF THE HousE.

county for certain purposes, and to provide for the payment of the same.
Also, an act to change the time of holdin~ the Superior Court of Burke county, in the Augusta Circuit, and for other purposes.
Also, an act to amend an act to constitute a board of commissioners for the county of Meriwether, and to prescribe their powers and duties.
Also, an act to incorporate the town of Rocky Mount, in the county of Meriwether and for other purposes.
Also, an act to amend section 459 of the Code, in relation to changing the place of holding Justice's Courts.
Also, an act to provide for the service of writs, processes, summonses, attachments and all other papers requiring service in certain cases issuing from the County Courts.
Also, an act to amend an act to provide for a board of commissioners of roads and revenues for the counties of Camden, Echols and Thomas, so far as the same relates to the county of Camden.
Also, an act to require the Judge of the County Court of Thomas county to keep an itemized account of the costs in civil cases tried in said court, and to submit the sc.me to the grand jury of the county for certain purposes.
Also, an act to amend an act to organize a Co11nty Court for the county of Randolph, to define its jurisdiction, and to make applicable to the same certain provisions of the Code of 18i3.
Also, an act to amend an act to regulate the sale of spirituous liquors within one mile of 'Ward's Station, on the Southwestern railroad, in the county of Randolph.
Also, an act to repeal an act to establish a board .of education for the city of Griffin, and for other purposes.
Also, an act to repeal an act entitled an aet to provide for the payment of insolvent criminal costs in the county of Crawford.

FRIDAY, FEBRUARY 16, 1877.

587

Also, an act to prohibit the sale of intoxicating liquors within one mile of Midway Church, in Gwinnett county.
Also, an act to repeal an act prescribing the mode of granting license to sell intoxicating liquors in the counties of Butts: Jefferson and Washington, so far as the county of Butts is concerned, and to repeal an act to submit to the legal voters in each militia district of Butts county and to each municipal corporation, the question of prohibiting the sale of spirituous liquors in said militia district, and said corporate limit;, in quantities less than one gallon.
Also, an act to amend an act to establish a board of commissioners for the county of Talbot.
Also, an act to give to the county commissioners and ex-officio Judges of Chatham county power and authority to establish two or more voting places in the court-house of said county, and to give to the Mayor and aldermen of the city of Savannah power and authority to establish two or more voting places in the court-house of the county of Chatham, and for other purposes.
Also, an act to prohibit the sale of ardent spirits or intoxicating liquors within the limits of the 821st district G. M., of Lumpkin county.
Also, an act to amend section 3,725 of the Code of 1873, relating to the claim laws.
Also, an act to repeal an act to establish a board of commissioners of roads and revenue for the counties of Habersham and Lowndes, to define their duties, and for other purposes therein named, so far as applies to said county of Habersham, and for other purposes therein named.
Also, an act to require the Tax Collector of Fulton county to make more frequent settlements with the Comptroller General of the State, and the Ordinary of Fulton county, than is now required by law, to fix his bond, and for other purposes.
Also, an act to p'revent joint stock companies, corporations and other associations from declaring dividends when

588

JouRNAL oF THE HousE.

they have not realized an income on their investments,

and for other purposes.

Also, an act to repeal an act to allow the commissioners

of roads and revenue of the county of Effingham to change

and regulate the charges for licenses to sell spirituous

liquors in said county, and to prescribe the mode of grant-

ing licenses to sell the same.

Also, an act to amend an act to create a board of com-

missioners of roads and revenue for the county of Early,

and to define the duties of the same.

Also, an act to prevent the sale of spirituous or intoxi-

cating liquors within three miles of Consolation Church, in

Appling county, and for other purposes.

Also, an act to amend an act to incorporate the town of

Boston, in the county of Thomas, and to appoint commis-

sioners for the same, and for other purposes.

Also, an act to abolish the County Court of Marion

county.

Also, an act to reduce the numbers of jurors in the

County Court of Jasper, to allow either party a jury trial

in any cause pending in said court, to provide how said

jury shall be procured, and to fix the per diem of said

jurors.

Also, an act to amend section two hundred and ninety-

eight (298) of the Revised Code relative to procuring and

empaneling jurors for the trial of criminal causes in the

County Courts, so far as the same applies to the county of

Bibb.

w. vV. PAYNE, Chairman.

The following message was received from the Senate, through Mr. Harris, the Secretary' thereof.
Mr. Speaker: The Senate has passed the following bill, and I am di-
rected to transmit the same forthwith, to-wit: A bill to amend section 1,034: of the Code of 1873.

FRIDAY, FEBRUARY 16, 1877.

589

The Semite 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 levy a tax for the support of the government for the year 1877, and to provide for the collection of taxes due the State, and for other purposes.
The Senate has agreed to the following resolution, in which they ask the concurrence of the House of Representatives, to-wit:
A resolutionThat the Senate and House of Representatives meet in
joint session on Monday, the 19th inst., at 12 o'clock M.,
for the purpose of electing a State Printer.

By Mr. PolhillA bill to submit a school tax to the voters of Jefferson county. Laid on the table. By Mr. MalletteA bill to repeal the land warrant law in the county of Camden. Amended and passed.

Mr. Stokely moved to suspend the rules and take up Senate bills for first reading, which motion did not prevail.

By Mr. CarltonA bill to levy a tax for the State Government for 1877, etc. The first Senate amendment was concurred in. The second amendment was concurred in. The third amendment was concurred in. The fourth amendment was concurred in. The fifth amendment was concurred in. The sixth amendment was concurred in.

590

JouRNAL OF THE HousE.

The seventh amendment was concurred in. The eighth amendment was taken up. Mr. Kennon moved to amend this amendment, on which motion Mr. Allred called the yeas and nays, which call was not sustained. The amendment of Mr. Kennon to the Senate amendment was then put and lost. The question then recurred on the Senate amendment. Mr. Kennon offered a further amendment. Mr. Stewart of Spalding called the previous question on the pending amendments, which call was sustained, and Mr. Kennon's amendment was not agreed to. The question then recurred on the Senate amendment, which was disagreed to. By Mr. HoodA bill to alter and amend section 4370 of the Code. For this bill the Senate offered a substitute, as an amendment, and insisted upon its adoption, the House having previously refused to concur. Laid on the table. By Mr. WalshA bill to create a Board of Health, in the city of Augusta Passed by substitute as amended. By Mr. HoodR. bill to alter and amend section 4370 of the Code was taken from the table, the House amendment insisted on, and a Committee of Conference asked for. By Mr. Pickett of GilmerA bill to loan the credit of the State to the Marietta and North Georgia Railroad Company. Mr. Hood moved to strike out the preamble of the bill, which motion prevailed. Mr. Turner moved to lay the bill on the table for the balance of the session. Mr. \Vilson called the previous question, the call was sustained, and the main question was ordered.

FRIDAY, FEBRUARY 16, 1877.

591

Mr. Candler called the yeas and nays, the call was sustained, and the result was as follows:

Those voting in the affirmative are Messrs.-

Almon, Awtry, Benson, Black, Bloodworth, Branch, Brewer, Brown of Upson, Callaway, Case, Causey, Colley, Colbert, Col'ins, Davison, Davis of Bibb, Davis of Hous10n, Davis of Stewart, DeLoach, Dozier of Harris, Evans, Frederick, Freeman, Gresham, Glover of Twiggs,

Glover uf J om;s, Pilcher,

Hammond,

Polhill,

Hillyer,

Reid of Morgan,

Hollis,

Reece,

Hogan of Monror, Roper,

Hogan of Carroll, Shaw,

Hood,

Sheffield of Early,

Jones of McDuffie, Sheffield of Miller,

Jordan of Hancock, Sikes,

Kirby,

Smith of Oglethorpe,

Mallette,

Smith of Echols,

Marshall,

Smith of Walton,

Matthews of Pike Smith of Tatnall,

Matthews of Talbot, Smith ot Butts,

Maund,

Stanford,

McGar,

Stewart ol Taylor,

Miller,

Stewart of Spalding,

Motley,

Stokely,

Moore,

Turner,

Northen,

Wade,

Owenby,

Walton of Haralson,

Paul,

Whittle,

Peek,

Wooldridge,

Penn,

Williams.

Phillips of Carroll,

Those voting in the negative are, Messrs.-

Adams of Lee, Allred, Atwood, Bacon of Liberty, Bennett, Blue,

Fry, Grant, Green, Harden, Harrell, Harralson,

Pickett of Gilmer, Pope, Pnce, Puckett, Ragsdale,
awlins,

592

JOURNAL OF THE HoUSE.

Born,

Humber,

Bowen,

James,

Brown of Fayette, Jordan of Pulaski,

Bunts.

Kennon,

Burch of Thomas, Key,

Burch of Elbert, Knox,

Candler,

Leach,

Carlton,

McAfee,

Cochran,

McDonald,

Corker,

Moses,

Cox of Bryan,

North,

Dozier of Quitman, Peacock,

Dews,

Payne,

Dudley,

Pearson,

Duggar,

Perkins,

Duke,

Phillips of Cobb,

Faircloth,

Pickett of Rabun,

Reid of Putn&m, Richards-:m, Roberson, Robson, Rouse, Russell, Stewart of Milton, Taylor, Thomas, Turnbull, Walsh, Wall, Wilkes, Wilson, Wolihin,
Willingh:~m,
Wilcox.

Those not voting are Messrs.-

Adams of Chatham, Guyton,

Anderson,

Hughes,

Brockett,

Hutchins,

Carter,

Johnston,

Cloud,

Jones of Polk,

Cox of Troup,

Kendrick,

Fletcher,

Kimsey,

Fortner,

Lang,

Fort,

Mcintyre,

Gray,

McRae,

Goodrum,

Murray,

Ott is, Scruggs,
Simm~,
Strickland, Tumlin, Vick, Walton of Burke, Wise, Willis,

Yeas 74. Nays 69. Not voting 31.
So the motion to lay on the table for the balance of the session prevailed.

FRIDAY, FEBRUARY 16, 1877.

593

Leave of absence was granted Messrs. Murray and Pearson.

On motion the House adjourned to 7:30 o'clock.

NIGHT SESSION.
7:30 O'CLOCK.
The House re-assembled, and was called to order by the Speaker.
The roll was called and a quorum found present.
The regular order, being the reading of House bills the third time, was resumed.
By Mr. PilcherA bill to amend section 4,155 of the Code. Passed. By Mr. DewsA bill to abolish the board of commissioners in the county of Baker. Passed.
Mr. Payne, chairman of the Committee on Enrollment, submitted the following report: 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 acts, to-wit:
An act to incorporate the trustees of Masonic Hall, in the city of Augusta, and for other purposes.
38

594

JouRNAL OF THE HousE.

Also, an act to authorize the Ordinary ofSpalding county to keep his office and records, and hold his courts, at a place other than at the court-house of said county.
Also, an act to change the time of holding the Superior Court of Burke county, in the Augusta Circuit, and for other purposes.
Also, an act to amend an act to constitute a board of commissioners for the county of Meriwether, and to prescribe their powers and duties.
Also, an act to incorporate the town of Rocky Mount, in the county of Meriwether, and for other purposes.
Also, an act to prevent joint stock companies, corporations and other associations from declaring dividends, when they have not realized an income on their investments, and for other purposes.
Also, an act to repeal an act to allow the commissioners of roads and revenue, of the county of Effingham, to change and regulate the charges for license to sell spirituous liquors in said county, and to prescribe the mode of granting licenses to sell the same.
Also, an act to amend an act to create a board of commissioners of roads and revenue for the county of Early, and to define the duties of the same.
Also, an act to prevent the sale of spirituous or intoxicating liquors within three miles of Consolation Church, in Appling county, and for other purposes.
Also, an act to incorporate the town of Boston, in the county of Thomas, and to appoint commissioners for the same, and for other purposes.
Al~o. an act to abolish the County Court of Marion county.
Also, an act to amend section 459 of the Code, in relation to changing the pla;;e of holding Justices Courts.
Also, an act to provide for the service of writs, processes, summonses, attachments, and all other papers requiring service in certain cases issuing from the County Courts.

FRIDAY, FEBRUARY 16, 1877.

595

Also, an act to amend an act to provide for a board of commissioners of roads and revenue for the counties of Camden, Echols and Thomas, so far as the same relates to the county of Camden.
Also, an act to require the Judge of the County Court of Thomas county, to keep an itemized account of the costs in civil cases tried in said court, and to submit the same to the grand jury of the county for certain purposes.
Also, an act to amend an act to organize a County Court for the county of Randolph, to define its jurisdiction, and to make applicable to the same certain provisions of the Code of 1873.
Also, a11 act to amend an act to regulate the sale of spirituous liquors within one mile of vVard's station on the Southwestern Railroad, in the county of Randolph.
Also, an act to repeal an act to establish a board of education for the city of Griffin, and for other purposes.
Also, an act to repeal an act entitled an act to provide for the payment of insolvent criminal costs in the county of Crawford.
Also, an act to prohibit the sale of spirituous liquors within one mile of Midway Church, in Gwinnett county.
Also, an act to to repeal an act prescribing the mode of granting license to sell intoxicating liquors in the counties of Burke, Jefferson and Washington, so far as the county of Butts is concerned, and to repeal an act to submit to the legal voters in each militia district of Butts county, and to each municipal corporation, the question of prohibiting the sale of spirituous liquors in said militia district, and said corporate limits, in quantities less than one gallon.
Also, an act to amend an act to establish a board of commissioners for the county of Talbot.
Also, an act to give to the county commissioners and ex officio judges of Chatham county power and authority to establish two or more voting places in the court-house of said county, and to give to the Mayor and aldermen of

596

JouRNAL oF THE HouSE.

of the city of Savannah power and authority to establish two or more voting places in the court-house of the county of Chatham, and for other purposes.
Also, an act to prohibit the sale of ardent spirits or intoxicating liquors within the limits of the 821st district G. M., of Lumpkin county.
Also, an act to amend section 3, 725 of the Code of 1873, relating to the claim laws.
Also, an act to repeal an act to establish a board of commissioners of roads and revenues for the counties of Habersham and Lowndes, to define their duties, and for other purposes therein named, so far as applies to said county of Habersham, and for other purposes therein named.
Also, an act to require the Tax Collector of Fulton county to make more frequent settlements with the Comptroller General of the State, and Ordinary of Fulton county, than is now required by law, to fix his bond, and for other purposes.
Also, an act to reduce the numbers of jurors in the County Court of Jasper, to allow either party a jury trial in any cause pending in said court, to provide how said jury shall be procured, and to fix the per diem of said jurors.
Also, an act to amend section 298 of the Revised Code, relative to procuring and empaneling jurors for the trial of criminal causes in the County Courts, so far as the same ap plies to the county of Bibb.
W. W. PAYNE, Chairman.

Mr. Payne, chairman of the Committee on Enrollment submitted the following report:
Mr. Speaker : The Committee on Enrollment report as duly enrolled,
signed by the Speaker of the House of Representatives and President of the Senate, and delivered to his Excellency, the Governor, the following acts, to-wit:

FRIDAY, FEBRUARY 16, 1877.

597

An act to repeal an act to amend an act to extend the

jurisdiction of the Justices Court of the district embracing

the county site of Clinch county, and for other purposes,

f

so as to apply to the district embracing the county site of

Douglas county.

Also, an act to change the county lines between the

counties of Carroll and Douglas, and for other purposes.

Also, an act to authorize the transfer of certain cases

from the Superior Court of Fulton county to City Court of

Atlanta, and vice versa.

Also, an act to change the county line between the

counties of Coweta and Meriwether.

Also, an act to repeal an act to regulate and define the

pay of grand and petit jurors for the county of Chattahoo-

chee.

Also, an act to repeal an act to allow additional com-

pensation to the sheriffs of Hall, Cass and Dade counties,

so far as the same relates to the county of Cass.

Also, an act to enable the treasurer of Oconee county

to pay out money arising from fines and forfeitures in the

County Court.

Also, an act to authorize Harvey T. Powell and Arthur

E. Boardman, and their associates, to construct and ope-

rate a boom across Ocmulgee river at Macon, and for other purposes.
Also, an act to repeal the local option law, so far as it relates to Adairsville, in Bartow county.

BLACK
Also, an act to reduce the compensation of the county treasurer of the county of Greene.

Also, an act to require the registration of voters in Mcintosh county, and to provide for the same.

Also, an act to prohibit the sale of spirituous liquors within one mile of Berzelia station.

Also, an act to incorporate the Brooks County Manu-

598

JouRNAL OF THE HousE.

facturing Association, and to confer certain powers and

privileges on the same.

Also, an act to amend an act to create a board of com-

missioners for the county of Greene.

Also, an act to incorporate the Merchant's Bank of

Macon.

w. vV. PAYNE, Chairman.

Mr. Matthews of Pike introduced a resolution, that no member be allowed to speak more than five minutes, without the consent of the House, which was agreed to.

By Mr. DewsA bill to provide for a vote of the people of Baker county on the removal of the court-house. Passed. By Mr. SimsA bill to establish a board of commissioners for the county of Newton. Passed. Also, a bill to regulate the storage of guano in the city of Covington. Passed as amended. By Mr. FortA bill to amend the several acts incorporating the city of Americus. Passed. By Mr. WooldridgeA bill to repeal the liquor law at certain points in the county of Chattahoochee. Laid on the table. By Mr. OwenbyA bill to prohibit the furnishing of spirituous liquors on election days. Laid on the table. By Mr. Knox-

FRIDAY, FEBRUARY 16, 1877.

599

A bill to reduce the fees of timber measurers on Satilla river.
Passed as amended. By Mr. Wooldridge-
A bill to amend the law creating the board of commissioners in the county of Chattahoochee.
Amended and passed. By Mr. HillyerA bill to authorize the payment of certain insolvent costs to Evan P. Howell. Passed. By Mr. NorthenA bill to amend the act providing for the publication of agricultural statistics. Laid on the table. By Mr. CauseyA bill to repeal the act requiring one-half the proceeds of .the Western and Atlantic l<..ailroad to go to public schools. Indefinitely postponed. By Mr. KnoxA bill to amend the laws of this State, in reference to legal advertising. Mr. Pilcher moved to indefinitely postpone the bill. It was found that the bill was not in order for a third reading, having only been read once, and it was marked as read the second time. By Mr. RussellA bill to fix the fees of Justices of the Peace in the county ofChatham. An adverse report of the committee was disagreed to. Mr. Matthews of Talbot called the previous question. The call was sustained, and the main question ordered. The committee were allowed twenty minutes to close the debate. The bill was lost.

600

JouRNAL OF THE HousE.

Under a suspension of the rules, Mr. Stewart of Spalding introduced a resolution, which was agreed to, to-wit:
To allow Hinton P. Wright to publish the public laws. The resolution was reconsidered, and referred to the Filaance Committee.

By Mr. WilcoxA bill to require the Georgia Land and Cumber Company to be incorporated. Mr. Moses moved to lay the bill on the table, which motion did not prevail. Mr. Jordan of Hancock moved an amendment, which was adopted. Mr. Davis of Houston moved to recommit the bill, which motion did not prevail. The bill was passed. By Mr. McDonaldA bill to appoint certain parties a board of commissioners for the county of Ware. Pdssed, as amended. By Mr. PriceA bill to establish a Normal Department for the North Georgia Agricultural College. Amended and passed. Also, a bill to incorporate the Fish Trap Gold Mining Company. Passed. By Mr. Stewart of TaylorA bill to authorize the authorities of Butler to issue bonds. Amended and passed. By Mr. PriceA bill to charter the Georgia Land and Immigration Company. Mr. Branch moved to lay the bill on the table, which motion prevailed. By Mr. James-

FRIDAY, FEBRUARY 16, 1877.

601

A bill to prevent the maintaining and carrying on any lottery in this State.
Passed. By Mr. PriceA bill to incorporate the Aurora Hydraulic Mining Company. Passed.

Mr. Moses moved that the House adjourn, which motion did not prevail.

Mr. Moses demanded the call of the roll, which was had, and a quorum found present.

Mr. Pickett asked a suspension of the rules to allow him to introduce a bill, which motion prevailed, and the following bill was read the first time, to-wit:
By Mr. PickettA bill to appropriate the net earnings of convict labor to the Marietta and North Georgia Railroad Company. Referred to Finance Committee.
By Mr. Reid of MorganA bill for the relief of sureties of Robert Crawford. Referred to Judiciary Committee.

The bill to incorporate the Georgia Land and Immigration Compc.ny was taken from the table and passed.

The regular order was resumed.
Mr. Pilcher offered a resolution that the House do not adjourn till 11:30 o'clock, and that the doorkeeper allow no member to pass out, which was not agreed to.

By Mr. Davis of-HoustonA bill to amend the road laws of this State, so far as they relate to the county of Houston.

602

JoURNAL OF THE HousE.

By Mr. PayneA bill to authorize the Governor to purchase certain newspaper files. Laid on the table. By Mr. CarltonA bill to direct the appropriation made by the geneaal government to this State. Indefinitely postponed.
McALLlST
By Mr. Davis of StewartA bill to amend section 4,814 cf the Code. Amended and passed. By Mr. TumlinA bill to abolish the office of Principal Keeper of the Peniteniiary. Laid on the table. By Mr. HillyerA bill to incorporute the Gwinnett Manufacturing Company. Amended and passed.

Mr. Price moved to reconsider the vote on the bill to direct a certain appropriation by the general government, which motion prevailed, and the bill was withdrawn.

Leave of absence was granted Mr. Bowen of Douglas.
Mr. Hood moved that the House adjourn to 9 o'olock tomorrow morning, which motion prevailed, and the House adjourned to 9 o'clock to-morrow moroing.

ATLANTA, GEORGIA,
Saturday, February 17, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.

SATURDAY, FEBRUARY 17, 1877.

603

The roll-call was dispesned with.

Mr. Almon, from the Committee on Journals, reported the Journal of yesterday read and correct.

The Journal was then read.

Mr. Payne moved to reconsider the bill fixing the fees of Justices of the Peace in the county of Chatham.
Mr. Bloodworth called the previous question, which call was sustained, and the main question ordered.
The motion to reconsider did not prevail.

Mr. Case moved to take up Senate bills for a second reading, which motion prevailed, and the following Senate bills were read the second time :
By Mr. CuretonA bill to extend the jurisdiction of Justices of the Peace in certain counties. Recommitted to the Judiciary Committee.
Mr. Richardson introduced a resolution, that the General Assembly sit long enough over the forty days to finish up the business, without extra per diem.
Laid on the table. By Mr. RutherfordA bill to repeal the act providing for the payment of certain insolvent costs to the Solicitor General of the Macon Circuit. By Mr. WessalowskiA bill to change the time of holding the Superior Court in the counties Baker, Calhoun and Decatur. By Mr. ReeseA bill to provide for the sale of stocks by certain Trustees. Also, a bill to amend section 3297 of the Code. Also, a bill to amend section 2537. of the Code. Lost.

604

JouRNAL OF THE HousE.

Also, a bill to amend the claim laws of the State. By Mr. HowellA bill to authorize the Castle Rock Coal Company to reduce its stock. By Mr. CabanissA bill to amend section 4,528 of the Code. Lost. By Mr. SlaughterA bill to amend section 151 of the Code. Lost. By Mr. RagsdaleA bill to consolidate the offices of clerk of Superior Court and treasurer in the county of P:1ulding. By Mr. McLeodA bill to prevent the sale of liquors in Swainsboro. By Mr. BryanA bill to fix the pay of jurors in the county of Henry. By Mr. AsburyA bill to repeal certain acts fixing the compensation of Ordinaries in certain counties. By Mr. BlackA bill to amend the law setting apart a year's support to wido\\s. By Mr. BryanA bill to abolish the County Court in the county of DeKalb. By Mr. CliftonA bill to prevent the the obstruction of certain wates in the county of Tatnall. By Mr. RagsdaleA bill to fix the pay of jurors in the counties of Paulding and Haralson.
By Mr. FeltonA bill to require school commissioners to make reports. By Mr. Carlton-

.SATURDAY, FEBRUAR\' 17, 1877.

605

A bill to fix the compensation of Tax Collectors and

Receivers in certain counties.

Lost.

By Mr. Wilson-

A bill to amend the penal Code.

By Mr. Asbury-

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

kin and White.

Lost.

By Mr. Chastain-

A bill to repeal the act consolidating certain offices.

By Mr. Brewster-

A bill to amend section 2,514 of the Code.

By Mr. Bulloch-

A bill to amend the act incorporating Danielsville.

By Mr. England-

A bill to fix the pay of county officers in certain coun-

ties.

By Mr. Wilcox-

A bill to prohibit the sale of liquor at certain points in

.the county of Irwin.

By Mr. McLeod-

A bill to apportion road hands in Emanuel and Johnson

counties.

By Mr. Staten-

A bill to prohibit the sale of liquors in Echolls county.

By Mr. O'Daniel-

A bill to relieve the securities of Henry Martin.

By Mr. McDaniel-

A bill to prescribe the mode of making tax returns by

corporations.

By Mr. Black-

A bill to amend section 598 of the Code.

By Mr. Cabaniss-

A bill to amend the act incorporating the Capital Bank

of Macon.

606

JouRNAL oF THK HousE.

By Mr. BrewsterA bill to amend section 375 of the Code. By Mr. CabanissA bill to amend section 345 of the Code. By Mr. LesterA bill to regulate the law of insurance in this State. Laid on the table. A bill to compel the discontinuance of a Lazaretto at Thunderbolt, in the county of Chatham. By Mr. DuBoseA bill to authorize the Dade Coal Company to withdraw certain bonds. By Mr. Deadwyler-
A bill to repeal an act incorporating the town of Jeffer
son, and for other purposes. By Mr. ReeceA bill to amend the act providing for the payment of
certain insolvent costs. By Mr. BlackA bill to protect creditors of estates, etc. Lost. By Mr. ReidA bill to prohibit the sale of spirituous liquors in Wilcox
c0unty. By Mr. LesterA bill to revise and amend an act to incorporate the Bar-
nard and Anderson Railroad Company. By Mr. FreemanA bill to incorporate the Mount Airy Savings Bank. By Mr. McDanielA bill to change the time of the meeting of the Supreme
Court. By Mr. NewtonA bill to authorize Madison White to peddle without
license. By Mr. Reece-

SATURDAY, FEBRUARY 17, 1877.

607

A bill to provide a fixed compensation for the Comptroller General.
By Mr. CabanisA bill to amend section 2, 537 of the Code. By Mr. AsburyA b1ll to prevent the furnishing of liquor on election days. By Mr. EnglandA bill to amend the acts incorporating the Gainesville and Blairsville Railroad Company. By Mr. HowellA bill to incorporate the Georgia Chemical and Mining Company. Also, a bill to amend the charter of the Scofield Rolling Mills Company. By Mr. ShewmakeA bill to amend the act to regulate public instruction in the county of Richmond. Also, a bill to incorporate the Georgia Chemical Works. By Mr. McLeodA bill to amend section 1,563 of the Code. By Mr. MattoxA bill to require the registration of voters in the county of Glynn. By Mr. WilcoxA bill to change the line between Irwin and Coffee counties. Lost. By Mr. WilcoxA bill to alter and amend section 1,099 of the Code. By Mr. BryanA bill to amend the act for the relief of maimed and indigent soldiers. By Mr. ReeceA bill to amend section 1, 649 of the Code. Lost.

608

JOURNAL OF THE HOUSE

By Mr. MattoxA bill to amend the acts to prevent hunting on the lands of another, in certain counties. By Mr. BushA bill to amend the act providing a board of commissioners for the county of Decatur. By Mr. BrewsterA bill to repeal the act regulating the sale of liquors in certain counties therein named, so far as relates to the county of Coweta. Also, a bill to amend the act incorporating the town of Grantville. By Mr. O'DanielA bill to amend the act to organize a board of commissioners for the county of Twiggs. By Mr. McLeodA bill to repeal the act authorizing the Justices of the Peace of Emanuel county to act as road commissioners.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker: The Senate has receded from its amendment to the fol
lowing bill of the House of Representatives, to-wit: A bill to levy a tax for the support of the government
for the year 1877, and to provide for the collection of taxes due the State.
The Senate has passed the following bill of the House of Representatives, to-wit :
A bill for the relief of James R. Johnson, and others.
The Senate has passed the following bill, to-wit: A bill to incorporate the Herndon and Swainsboro Railroad Company.

Mr. Stewart offered a copy of a bill by Mr. Richardson,

SATURDAY, FEBRUARY 17, 1877.

609

which had been lost, and to establish it in lieu thereof, which was agreed to.

Mr. Richardson offered a resolutionThat a committee of three be appointed to investigate whether a certain bill introduced in this House, to repeal the local option law in the city of Dalton, and which has been lost or mislaid, was taken from the files of this House by design ; and also, one of like import, which has been sent from the Senate to the House. Agreed to. The Chair appointed the following committee, to-wit: Messrs. Richardson, Stewart of Spalding, and Fry.

Mr. Whittle, chairman of the Committee on the State of the Republic, submitted the followi~g report :

Mr. Speaker : The Committee on the State of the Republic has had
under consideration the following resolution, to-wit: A resolution introduced by Mr. Duggar of Fannin, in
reference to the investigation of alleged troubles in Northeast Georgia.

The committee submits the accompanying resolution as

a substitute for the resolution of Mr. Duggar, which they

ask do pass.

L. N. WHITTLE,

Chairman of House Committee.

Mr. Whittle moved to suspend the rules to take up the resolutions alluded to in the report of the committee, which was agreed to, and the resolution was read as follows:
WHEREAS, the General Assembly of the State of Georgia, now in session, learns upon authority which is deemed reliable, that serious disturbances and commotions exist in the counties of Gilmer and Fannin, and probably in some
39

610

JOURNAL OF THE HoUSE.

other counties in the Northeastern portions of the State, which have led to acts of violence and bloodshed, and in one instance at least, in the loss of life, growing out of attempts of the revenue officers of the Federal Government, aided by the military forces, to discover and arrest persons in those counties charged with illicit distillery, and that ., further breaches of the peace and of good orde"r are apprehended; and
Whereas, the State of Georgia is bound to do what she legitimately can, to see that there be no violation of law upon her soil, whether oi the General or State Government, and at the same time to protect her citizens, so far as of right she may, from unjust and unlawful intimidations and arrests, when not legally charged with any violation of law, either Federal or State; and
Whereas, it is of great importance that full and accurate informa_ion should be obtained, as to these alleged disturbances of the peace in the aforementioned sections of the State, therefore,
Be tt resolved by tlz.e General Assembly of the State of
Georgia, That his Excellency the Governor is requested, at as early a day as ic; practicable, to appoint a commission, to be composed ot three upright, intelligent and discreet citizen~, whose duty it shall be to repair at once to the said Northeastern counties, to ascertain the true state of said alleged disturbances ; to use their utmost endeavors to pacify and allay all disturbance and excitement; and, if violations of the law have been committed, or charged by proper authority to have been committed, to use such means as may be in their power to induce all citizens of this State, as well as all others within her bounds, quietly and peaceably to submit to the due course and execution of the laws.
And to. the end, that the Governor shall be fully and truly informed of the facts as they exist.
Resolved further, by the authority aforesaid, That said

SATUR-DAY, FEBR.UARY 17, 1877.

611

Commissioners are authorized and empowered, to examine witnesses, to hear and take down testimony, and for this purpose, they are hereby clothed with authority to ad minister oaths, to issue and have served subpcenas, and to require witnesses summoned, to appear before them and testify in the same manner, and to the same extent, as can by law be done by the Superior Courts of this State, and that said commissioners make full report of their proceedings in the premises, to His Excellency, the Governor, as soon as may be.
Resolved, That His Excellency, the Governor, is requested to issue his proclamation, enjoining and impressing upon all citizens of this State, and particularly those of said north-eastern counties, that they abstain from all acts of violence or disorder; that the laws, as well Federal as State, must be quietly and willingly obeyed, and that all offenders against the laws will be brought to speedy trial and justice, and that he offer rewards for the arrest of any person or persons, ifany such there be, who have committed violations of the laws of this State, and have escaped arrest.
Mr. Reece called the previous question on the pending amendments to the resolution reported by the committee, which call was sustained, and the main question ordered.
The amendment to make the commission consist of members of the Legislature was not agreed to.
Mr. Stewart offered a resolution that a joint committee be appointed to inquire into the state of the business of the two Houses, and report the practicability of an early adjournment.

On motion, the House took up the Senate resolution in reference to the election of State Printer, which was to the effect that the House and Senate meet in joint session on Monday next, to elect a State Printer.
Mr. Miller called the previous questwn.

612

JouRNAL oF THE HousE.

The call was sustained, the main question was ordered, and the resolution was not concurred in.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
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 change the time of holding the Superior Courts of the county of Effingham.
Also, a bill to prevent the sale of spirituous Hquors io and near the town of Kingston, in .dartow county.

The Senate refuses to concur in an amendment of the House of Representatives to an amendment of the Senate to the following bill of the House of Representatives, towit:
A bill to provide for the holding of a convention of the people of Georgia, for the purpose of revising the constitution of this State.
The House then resumed the regular order, which was the reading of House bills the third time, and the following bills were read the third time and disposed of, to-wit ;
By Mr. NorthenA bill to amend an act to provide for the annual collection and publication of agricultural statistics. Was taken from the table. Mr. Frederick offered the following amendment : "That whenever the Tax Receiver fails to collect said statistics, and shall make affidavit to the Comptroller General that he has performed his duty to the best of his ability, he shall be relieved of said penalty." Mr. Hood called the previous question.

SATURDAY, FEBRUARY 17, 1877.

613

The call was sustained, the main question ordered, and the amendment adopted.
The committee were allowed twenty minutes to close the debate.
The report of the committee as amended was disagreed to, and the bill was lost.

Mr. Kennon moved to suspend the rules and take up a Senate bill, number 78, for a third reading.
The motion was withdrawn.
On motion, the following bill was taken from the table, to-wit; , By Mr. Wooldridge-
A bill to repeal an act to prohibit the sale of liquors at certain points in Chattahoochee county.
Lost.

The special order of the day was postponed, and made the special order for Monday next at 11 o'clock.
By Mr. EvansA bill to amend the tax laws, was, on motion, taken from the table.

Mr. Miller called the previous question, which call was sustained, and the main question ordered.
The committee were allowed twenty minutes to close the debate.

The bill was amended, and on the passage of the bill Mr. Moses called for the yeas and nays; the call was sustained, and the result was as follows :

Those voting in the affirmative are Messrs.-

Adams of Chatham, Hillyer,

North,

Almon

Hogan of Monree, Northen,

614

} OURNAL OF THE HOUSE.

Atwood,

Hogan of Carroll, Payne,

Benson,

Hood,

Paul,

Bloodworth,

Humber,

Penn,

Born,

Hutchins,

Perkins,

Branch,

James,

Phillips of Cobb,

Brewer,

Jones of McDuffie, Phillips of Carroll,

Brown of Upson, Jordan of Hancock, Pickett of Gilmer,

Candler,

Kendrick,

Pol hill,

Carlton,

Kennon,

Pope,

Case,

Knox,

Smith of Butts,

Colbert,

Lang,

Tumlin,

Davison,

Leach,

Turnbull,

Dozier of Quitman, Mallette,

Walsh,

Evans,

McGar,

Wall,

Fry,

McRae,

Wilkes,

Glover of Twiggs, Miller,

Whittle.

Harden,

Moses,

Those voting in the negative are Messrs.-

Adams of Lee, Allred, Anderson, Awtry Bacon of Liberty, Bennett, Black, Blue, Bunts, Burch of Thomas, Burch of Elbert, Callaway, Carter, Causey, Cochran, Collins, Cox of Bryan, Davis of Bibb, Davis of Houstun,

Fort, Fortner, Frederick, Freeman, Grant, Green, Gresham, Hammond, Haralson, Hollis, Hughes, Johnston, Jordan of Pulaski, Key, Kirby, Marshall, Matthews of Pike, McAfee, McDonald.

Ragsdale, Rawlins, Reid of Morgan, Reid of Putnam, Richardson, Roberson, Robson, Rouse, Russell, Sikes, Simms, Smith of Echols, Stanford, Stewart of Taylor, Stewart of Milton, Stewart of Spalding, Stokely, Taylor, Thomas,

SATURDAY, FEBRUARY 17, 1877.

615

DeLoach, Dews, Dozier of Harris, Dudley, Duggar, Dnke, Faircloth, Fletcher,

Mcintyre, Mobley, Moore, Peacock, Pickett of Rabun, Pilcher, Price, Puckett,

Turner, Vick, Wade, Walton of Harralson, Wise, Willingham, Wilcox.

Yeas, 56. Nays, 80. Not voting, 38.

So the bill was lost.

By Mr. HillyerA hill to incorporate the Collins Manufacturing and Power Company. Amended and passed.

Ron. Thomas Hardeman was invited to a seat on the floor.

By Mr. BlueA bill to prohibit the sale of liquors on St. Simon's Island. Passed. By Mr. BennettA bill to abolish the board of commissior.ers in the county of Jackson. By Mr. GuytonA bill to repeal the aCt fixing the pay of jurors in the county of Laurens. Amended and passed. Also, a bill to abolish the board of commissioners for the county of Laurens. Passed. By Mr. Adams of Chatham-

616

JOURNAL OF THE HOUSE.

A bill to transfer the county of Liberty from the Brunswick to the Eastern Judicial Circuit.
Passed. By Mr. McRaeA bill to authorize and require James Boyd of Telfair county to make certain deeds. Passed. By Mr. MosesA bill to repeal certain portions of section 1, 203 of the Code. Passed. By Mr. GloverA bill to abolish the office of county treasurer of Twiggs county. Passed. By Mr. KnoxA bill to amend the law in reference to legal advertising. Mr. Miller moved to indefinitely postpone the bill, which motion prevailed. By Mr. FryA bill to loan the credit of the State to the Elberton Air-line Railroad. Withdrawn.
Mr. Candler offered a resolution that five thousand copies of the report of the State Geologist be printed for general distribution.
Referred to the Finance Committee.

By Mr. ThomasA bill to regulate the sale of liquors in Senoia. Passed. By Mr. JamesA bill to limit the pay of the treasurer of Fulton county. By Mr. KendrickA bill for the relief of Katy Pickett. Withdrawn.

SATURDAY, FEBRUARY 17, 1877. .,

617

By Mr. Adams of ChathamA bill to amend section 2,040 of the Code. Passed. By Mr. KimseyA bill to regulate the sale of liquors in the county of Towns. Passed.

Mr. Walsh moved to adjourn to 9 o'clock Monday morning, which did not prevail.

Leave of absence was granted Messrs. Owenby, Cloud and Simms.

On motion, the House-adjourned to 3.30 o'clock P. M.

AFTERNOON SESSION.
3:30 o'CLOCK.
The House reassembled, and was called to order by the Speaker.
The roll was called, and a quorum found to be present.
Mr. Candler moved to suspend the rules and read bills for the second time, which motion prevailed, and the following bills were read :
By Mr. BrewerA bill to amend the act to organize a County Court in the county of Effingham. By Mr. BennettA bill to regula! e the fees of jailers in Banks and Jackson counties. By Mr. Wade-

618

JouRNAL oF THE HousE.

A bill to exempt the Screven Troop from road and jury duty.
By Mr. HumberA bill for the relief of teachers of public sehools in the county of Stewart. By Mr. FortA bill to re-enact the act granting certain privileges to the Griffin Light Guards. By Mr. HammondA bill to fix the time in which acts may be signed by officers of the General Assembly. By Mr. RichardsonA bill to provide for the registration of voters in Dalton. By Mr. FortA bill to require emigrant agents to pay a license. By Mr. Davis of StewartA bill to provide for gates across second-class roads in in the county of Stewart. By Mr. WadeA bill to make it felony to carry away farm produce in the night time. By Mr. Davis of HoustonA bill to provide for the more equitable payment of Receivers and Collectors of taxes. By Mr. AndersonA bill to prohibit the sale of liquors in certain points in Newton county. By Mr. CochranA bill to fix the license for selling liquors in Blackshear. By Mr. JamesA bill to authorize the Georgia railroad to purchase the Port Royal railroad, Also, a bill to authorize the Georgia railroad to issue bonds. Also, a bill to authorize the Georgia railroad to purchase the Macon and Augusta railroad.

SATURDAY, FEBRUARY 17, 1877.

619

By Mr. Payne-
A bill to regulate the election of Justice3 of the Peace
in Savannah. By Mr. Walton-..:. A bill to repeal an act for the payment of certain insol-
vent costs. By Mr. VickA bill to consolidate the offices of Receiver and Col-
lector in the county of Colquitt. By Mr. Cox of BryanA bill to prevent hunting on the lands of another, in the
county of Bryan. By Mr. WhittleA bill to authorize the election expenses to be paid by the
county commissioners of Bibb county. By Mr. RagsdaleA bill to prohibit the sale of spirituous liquors in the
county of DeKalb. By Mr. Sheffield of Early.A bill to repeal the act incorporating Blakely. By Mr. BowenA bill to repeal 'iection 926 of the Code. By Mr. BurchA bill to prohibit the sale of intoxicating liquors in the
county of Elbert. Also, a bill to amend section 1, 631 of the Code. By Mr. GrantA bill to prohibit the sale of liquors in Habersham coun-
ty. By Mr. ScruggsA bill to prohibit the sale of liquors in Glascock. By Mr. PriceA bill to abolish the board of revenue in Lumpkin
county. Withdrawn.

620

JouRNAL OF THE HousE.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker: The Senate has passed the following bill of the House
of Representatives, with amendments thereto, in which they ask the concurrence of the House of Representatives, and I am directed to transmit the same forthwith, to-wit:
A bill making appropriations for the executive, legislative and judicial expenses of the government for the year 1877.
The Senate has passed the following bill, to-wit : A bill to incorporate the Macon Brewing Company. 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 authorize the city council of Fort Gaines, to submit to the freehold voters of said city the question of issuing bonds to aid in rebuilding the bridge across the Chattahoochee river at Fort Gaines. The Sena:Je has passed the following bill of the House of Representatives, and I am instructed to transmit the same forthwith, to-wit: A bill to authorize the issue of bonds of the State of Georgia, amounting to two million two hundred and ninetyeight thousand three hundred and ninety seven dollars, for the purpose of retiring by exchange, or paying off the recognized bonds of the Macon and Brunswick Railroad to the amount one million nine hundred and fifty thousand dollars, the same being first mortgage bonds, and for other purposes. By Mr. Adams of ChathamA bill to amend section 4, 783 of the Code. By Mr. AdamsA bill to relieve home and building associations in this State fr0m taxes.

SATURDAY, FEBRUARY 17, 1877.

621

By Mr. RussellA bill to amend section 4, 875 of the Code. By Mr. Cox of TroupA bill for the relief of W. C. Yancey. By Mr. Smith of WaltonA bill to amend the act incorporating Walton. By Mr. Jordan of PulaskiA bill to prohibit the sale of liquors in Pulaski county.

Mr. Carlton, chairman of the Committee on Finance, submitted the following report:
Mr. Speaker:
The Committee on Finance have had under consideration the following bills, which they return to the House without recommendation, to-wit :
A bill for the relief of the heirs of Mordecai Sheftall. Also, a bill to loan the eredit of the State to complete the Brunswick and Albany Railroad from Albany to Eufaula.
Also, a resolution, which they recommend do pass as amended, to-wit:
A resolution to authorize H. P. Wright to publish a pamphlet of the laws of the present session.
H. H. CARLTON, Chairman.
By Mr. PriceA bill to prohibit the sale of liquors in White county. By Mr. CarltonA bill to provide money to pay certain expenses incurred in the insurrection of Washington. By Mr. FryA bill to amend the constitution of the State. Laid on the table. By Mr. HammondA bill to amend section 1,574 of the Code. Laid on the table.

622

JOURNAL OF THE HousE.

By Mr. RichardsonA bill to consolidate certain offices. Withdrawn. Also, a bill to amend the act authorizing the transfer of tax fi. fas. By Mr. FortA bill to authorize the immf:diate sale of perishable property. Tabled. By Mr. DavisonA bill to amend the revenue laws of this State. Lost. By Mr. GrayA bill to consolidate certain offices in the county of Paulding. Lost. By Mr. BloodworthA bill to require constables to perform certain duties. Withdrawn. By Mr. BranchA bill to amend section 3, 665 of the Code. Withdrawn. By Mr. DudleyA bill to pay balance due county school commissioners of Whitfield county. Lost. By Mr. DuggarA bill to repeal section 3,583 of the Code. Lost. Also, a bill to require certain postponement of public sales, Lost. By Mr. BrewerA bill to amend section 341 of the Code. Withdrawn. By Mr. Case-

SATURDAY, FEBRUARY 17, 1877.

623

A bill to reduce and fix the number of grand jurors. Lost. B}' Mr. CauseyA bill to allow John Chopman to peddle without license. Lost. By Mr. CloudA bill to exempt certain persons from taxes. Lost. By Mr. MalletteA bill to prohibit certain offices from being held for two terms. Lost. By Mr. TurnbullA bill to abolish the department of agriculture.

Mr. Branch called the previous question, and the call was sustained.

The committee were allowed twenty minutes to close the debate.

Mr. TJrnbnll called the yeas and nays on sustaining the report of the committee, the call was sustained, and the result was as as follows.

Those voting in the affirmative are Messrs.-

Adams of Chatham, Green,

Payne,

Adams of Lee,

Gresham,

Paul,

Anderson,

Glover of Twiggs, Phillips of Cobb,

Atwood,

Harden,

Pilcher,

Awtry,

Hogan of Monroe, Pope,

Bloodworth,

Hood,

Price,

Blue,

Humber,

Ragsdale,

Branch,

Johnston,

Reid of Putnam,

Brewer,

Jones of McDuffie, Richardson,

Bunts,

Jordan of Hancock, Scruggs,

Burch of Thomas, Jordan of Pulaski, Smith of Oglethorpe

624

JouRNAL OF THE HousE.

Callaway,

Kennon,

Smith of Walton,

C.ulton,

Knox,

Smith of Tatnall,

Davison,

MalJette,

Thomas,

Davis of Bibb,

Marshall,

Walsh,

Davis of Houston, Matthews of Talbot, Wall,

Davis of Stewart, Miller,

Wise,

Dews,

Mobley,

Wilkes,

Dosier of Quitman, Moore,

Willis,

Evans,

Moses,

Williams,

Fort,

North,

Wolihin,

Frederick,

Those voting in the negative are Messrs.-

Allred, Bacon of Liberty, Benson, Bennett, Born, Brown of Upson, Carter, Case, Causey, Colbert, Collins, Cox of Bryan, DeLoach, Duggar, Dukt:, Faircloth, Fletcher, Grant,

Gray, Haralson, Hollis, Hogan of Carroll, Kirby, Lang, Leach, Maund, McAfee, McDonald, Mcintyre, McGar, McRae, Peacock, Penn, Phillips of Carroll, Pickett of Rabun, Pickett of Gilmer,

Puckett, Rawlins, Roberson, Robson, Roper, Rouse, Sheffield of Early, Sikes, Smith of Echols, Smith of Butts, Stewart of Taylor, Taylor, Tumlin, Turnbull, Vick, Walton of Haralson Wilcox.

Ayes, 64. Nays, 53. Not voting, 57.

SATURDAY, FEBRUARY 17, 1877.

625

So the bill was lost.

On motion it was agreed, that when the House do adjourn, it adjourn to 9 o'clock Monday m0rning.
Under a suspension of the rules the following bills were read the second time, to-wit:
By Mr. Stewart of SpaldingA bill to direct the Governor to endorse certain bonds. Recommitted to ] udiciary Committee. By Mr. PeacockA bill to abolish the board of roads and revenue of the county of Washington. The report of the committee was disagreed to. By Mr. MalletteA bill to amend the act incorporating the town of St. Marys. Recommitted to Committee on Corporations. By Mr. PickettA bill to appropriate the earnings of convict labor to the Marietta and North Georgia Railroad. By Mr. OttisA bill to change the charter of Columbus. Passed by substitute.

Mr. Awtry, chairman of the Committee on Public Printing, submitted the following report:

M,-. Speaker' :

The Committee on Public Printing have had under con-

sideration the following resolution, which they recommend

be agreed to :

A resolution-

That five thousand copies of the report of the State Ge-

ologist be printed, for general distribution, and paid for

out of the printing fund.
40

J. F. AWTRY, Chairman.

626

JOURNAL OF THE HOUSE.

Mr. Carlton, chairman of the Committee on Finance, submitted the following report:

Mr. Speaker:
The Committee on Finanee have had under consideration the following bill, which they recommend, do pass, by substitute, to-wit:
A bill to appropriate the net earnings for convict labor to the Marrietta and North Georgia Railroad.
H. H. CARLTON, Chairman.

Mr. Green, chairman pro tem. of the Committee on Enrollment, submitted the following report:

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 acts, to-wit :-

An act to incorporate the Middle Georgia Mineral Asso-

ciation.

Also, an act to prohibit the sale of spirituous liquors, to

be used as a beverage, within three miles of Sugar Valley

Baptist Church, Gordon county.

Also, an act to authorize and empower -the chairman

of the board of county commissioners, in his ex-officio ca-

pacity as Mayor of the city of Darien, to fine and imprison

delinquent street hands in said city.

Also, an act to regulate the pay.of the commissioners of

roads and revenue for the county of Glascock.

,

Also, an act to amend an act conferring civil jurisdiction

on the Mayor of the town of Blackshear, in the county of

Pierce, in this State, approved August 27, 1872, so as to

limit the civil jurisdiction conferred by said act, and to

restrict the exercise of such jurisdiction to the limits of

the militia district in which said town of Blackshear is sit-

uated, and for other purposes.

Also, an act to amend an act to require the Mayor and

SATURDAY, FEBRUARY 17, 1877.

627

aldermen of the city of Bainbridge to asse~s the value of the taxable property of said city, and for other purposes herein named, approved March 10, 1869.
Also, an act to define the mode and manner of purchasing and slaughtering cattle, so far as the same relates to the county of Bibb.
Also, an act to change the existing county line between the counties of Lowndes and Echols, in this State.
Also, an act to give the board 0f commissioners of Chatham county and Mayor of Savannah the power to compel the removal of persons who have small-pox to hospital, and make vaccination compulsory.
Also, an act to repeal an act to regulate the sale of intoxicating liquors in the county of Miller, approved February 16, 1876.
Also, an act to change the line between the counties of Bibb and Monroe, so as to add the residence of Dr. Lee Holt, and about fifty or seventy five acres of land, part of lot No. 285, to the county of Bibb.
Also, an act to incorporate the town of Midville, in the county of Burke, and for other purposes.
Also, an act for the relief of Gidson L. Mathis of the county of Washington, and for other purposes.
Also, an act to change the line between the counties of Troup and Coweta.
Also, an act to create a County Court in each connty in the State of Georgia, except certain counties therein named, so far as relates to the county of Greene.
Also, an act to provide for the manner of appointing the commissioners of Mcintosh county.
Also, an act to prevent any person or persons from seining for fish in the waters of the Suwannoochee and Tom's creek, in tlie counties of Clinch and Echols.
Also, act to amend the charter oi the city of Cartersville, in Bartow county.

628

JouRNAL OF THE HousE.

Also, an act to change the line between the counties of Henry and Clayton.
Also, an act to amend an act to prevent the sale of spirituous liquors to minors, and for other purposes, approved February 24th, 1875.
Also, an act to reduce the sheriff's bonds of Clinch county.
Also, an act to reduce the sheriff's bonds in the counties of \Vilkerson and Jasper.
Also, an act to repeal an act establishing County Courts in the counties of Dougherty, Early and Lee.
Also, an act to change the lines between the counties of Irwin and Berrien.
Also, an act to regulate the elective franchise in munic pal elections in the city of Augusta, and for other purposes.
Also, an act to establish a County Court for the counties of Dougherty and Lee, and to repeal so much thereof as fixes the compensation of the Judges of said court, and for other purposes, approved August 24th, 1872.
Also, an act to change the line between the counties of Bibb and Twiggs, so as to include the lots Nos. 63 and 64 of the 7th district of Twiggs county into the county of Bibb.
Aiso, an act to provide for the election of county treasurer of Burke county.
Also, an act to amend an act for the protection of deer, turkeys and partridges in the counties of Chatham and Bryan, and to make the killing or trapping of the same in said counties a penal offense during certain seasons of the year.
Also, an act to fix and regulate liquor license in the counties of Appling and Emanuel, and for other purposes.
Also, an act to change the time of holding the Superior Courts in the county of Miller, and for other purposes.
Also, an act to amend section 1, 270 of the Code, relating

SATURDAY, FEBRUARY 17, 1877.

629

to the estaplishment of ambulatory schools, so far as the same relates to the counties of \Vayne, Miller and Pierce.
Also, an act to change the lines between the counties of Taliaferro and Greene, so as to include the residence and enclosure of John T. Heard, also of Thomas Aiken, also of Red Runnels, in the county of Taliaferro, and to define the lines between said counties, and for other purposes.

On motion the vote on adjourning to 9 o'clock was reconsidered, and the House adjourned to 7! o'clock P.M.

NIGHT SESSION.

7.30 o'CLOCK.

The House re-assembled, and was called to order by the Speaker.

The roll call was dispensed with.

Mr. Stewart of Spalding, chairman of the Committee of the Judiciary, submitted the following report :
Mr. Speaker:
The Committee on the Judiciary have had under consideration the following bills, and recommend that the same do pass, to-wit:
A bill to be entitled an act to make it unlawful to sell by retail, or otherwise, any domestic wines by the manufacturers thereof in this State, and to exclude the same from the operations of the various license and penal laws of this State, and for other purposes therein mentioned.
Also, a bill to be entitled an act to amend section 4, 712 of the Code of 1873, so as to provide for the punishment of attempts to commit crime in this State.

630

JouRNAL OF THE HousE.

Also, a bill to be entitled an act to amend the constitution of this State.
Your committee have had under consideration the following b1lls, which they recommend do not pass, to-wit :
A bill to be entitled an act to regulate the docketing and trial of cases in the Supreme Court.
Also, a bill to be entitled an act to alter and amend section 4262 of the Code of Georgia.
Also, a bill to be entitled an act to prevent the dismissal of writs of errors in the Supreme Court, and for other purposes.
Also, a bill to be entitled an act for the relief of the suri. ties of Robert Crawford.
Also, a bill to be entitled an act to regulate the sale of intoxicating liquors within four miles of Sardis Church and Masonic Lodge, in Buckhead district, of the county of Fulton.
Also, a bill to be entitled an act to allow the firing of weods on turpentine farms in Screven and Bulloch counties.
Your committee have also had under consideration, a bill to be entitled an act to extend the jurisdiction of Justices of the Peace and Notaries Public, in criminal cases in the counties of Chattooga, Dade, Walker and Catoosa, to which they offer an amendment, and ask that the same, as amended, do pass.
Mr. Hillyer moved to suspend the rules for the purpose of reading a certain Senate bill the second time, to-wit:
A bill to amend the Constitution of the State, which motion prevailed, and the bill was so read.
The regular order being the reading of House bills the third time, was taken up, and the following bills were so read, to-wit:
By Mr. CandlerA bill to provide for the holding of a Convention of the people to revise the Constitution of the State. The Senate had returned this bill with the message that

SATURDAY, FEBRUARY 17, 1877.

631

it refused to .concur in the amendment of the House to the Senate amendment.
Mr. Price moved that the House recede from its amendment.
Mr. Sheffield of Miller, moved to lay the bill on the table.
Mr. Turnbull called for the yeas and nays on the motion. Mr. Turnbull withdrew the call. The motion to lay on the table prevailed. The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has concurred in the following resolution of the House of Representatives, and on the part of the the Senate, have appointed upon such Committee Messrs. Cabaniss and Furman, to-wit:
A resolution appointing a Committee to inquire into the State of the Businses in the two Houses.

The Senate has concurred in a resolution of the House of Representatives by a substitute, in which they ask the concurrence of the House of Representatives, to-wit:
A resolution relative to disturbances in Gilmer, Fannin, and other counties in Northeastern Georgia.

Mr. Turnbull moved to take up the resolution just returned from the Senate, which motion prevailed, and the original resolution, and the substitute offered by the Senate, were read.
The substitute offered by the Senate was disagreed to.

Mr. Speaker:
The Committee on State of Business in the House and Senate, respectfully report;

6~2

JouRNAL OF THE HousE.

Upon examination they find unfinished business before the House as follows : House bills for second reading................................ 165 House bills for third reading.................................. 24 House resolutions......... '" ................................... 24 Senate bills for first reading.................................... 34 Senate bills for second reading in committees......unknown Senate bills for third reading.................................. 56 Senate resolutions................................................ 3
Before the Senate the unfinished business isSenate bills for second reading ...... .. . ........... .... .. ... 5 Senate bills for third reading.................................. 21 House bills for second reading................................ 43 House bills for third reading.................................. 66
It is the opinion of the committee that to dispose of the business now before the General Assembly, the earliest practicable day for adjournment will be next Thursday at 12 o'clock at night.
CANDLER,
PAYNE,
PoPE,
Committee.

Mr. Stewart moved to take up the report of the committee, which motion prevailed.

Mr. Case offered the following resolution : Resolved, by tlze Senate and House of Representatives, twotlzirds of eaclz House concurring tlzerein, That the present session of the General Assembly be prolonged until 12 o'clock P.M., Thursday, the 22dinst., and that the General Assembly do at that hour adjourn sine die.

Mr. Miller called the previous question, and the call was sustained, and the main question ordered on the adoption of the resolution.

SA'lURDAY, FEBRUARY 17, 1877.

638

This being a constitutional question, requiring the call of

the yeas and nays, the same was had, and the result was

as follows :

'

Those voting in the affirmative are Messrs.-

Adams of Chatham, Frederick,

Payne,

Adams of Lee, Fry,

Paul,

Allred,

Gray,

Perkins,

Anderson,

Green,

Phillips of Cobb,

Atwood,

Gresham,

Pickett of Gilmer,

Awtry,

Guyton,

Polhill,

Bacon of Liberty, Harden,

Pope,

Black,

Harrell,

Pnce,

Blue,

Harralson,

Ragsdale,

Branch,

Hillyer,

Reid of Morgan,

Brewer,

Hogan of Carroll, Reid of Putnam,

Brown of Upson, Hood,

Reece,

Bunts,

Humber,

Richardson,

Burch of Elbert, James,

Robson,

Callaway,

Jones of McDuffie, Roper,

Carlton,

Jones of Polk,

Rouse,

Carter,

Jordan of Hancock, Russell,

Case,

Jordan of Pulaski, Scruggs,

Cochran,

Kendrick,

Smith of Butts,

Colley,

Kennon,

Stewart of Spalding,

Cox of Troup,

Key,

Taylor,

Cox of Bryan,

Knox,

Thomas,

Davis of Bibb,

Lang,

Tumlin,

Davis of Stewart, Mallette,

Wade,

DeLoach,

Matthews of Pike. Walton of Burke,

Dews,

Matthews of Talbot, Walsh,

Dozier of Quitman, McDonald,

Wise,

Duggar,

McRae,

Whittle,

Duke,

Miller,

Wooldridge,

Evans,

North,

W olihin,

Fort,

Peacock,

Wilcox.

Fortner,

JouRNAL oF THE HousE.

Those voting in the negative are Messrs.-

Bennett, Bloodworth, Causey, Colbert, Collins, Davison, Dozier of Harris, Faircloth, Grant, Hammond, Hollis, Marshall,

Maund,

Smith of Oglethorpe,

McAfee,

Smith of Echols,

Mcintyre,

Smith of Walton,

Mobley,

Smith of Tatnall,

Moses,

Stanford,

Penn,

Stewart of Taylor,

Pickett of Rabun, Stewart of Milton,

Pilcher,

Turner,

Puckett,

Turnbull,

Rawlins,

Wall,

Sheffield of Miller, Wilkes,

Sikes,

Williams.

Those not voting are Messrs.-

Almon, Benson, Born, Bowen, Brockett, Brown of Fayette, Burch of Thomas, Candler, Cloud, Corker, DJ.vis of Houston, Dudley, Fletcher, Freeman, Glover of Twiggs,

Glover of Jones, Pearson,

Goodrum,

Peek,

Hogan of Monroe, Phillips of Carroll,

Hughes,

Roberson,

Hutchins,

Shaw,

Johnston,

Sheffield of Early,

Kimsey,

Simm>,

Kirby,

Stokely,

Leach,

Strickland,

McGar,

Vick,

Moore,

Walton of Haralson,

Murray,

Willis,

Northen,

Wilson,

O t t is,

Willinghun.

Owenby,

Yeas 94. Nays 35. Not voting 45.

So the resolution was agreed to.

SATURDAY, FEBRUARY 17, 1877.

635

Mr. Davison of Sumter offered the following resolution: That from and after Monday, the 19th day of February, the members of the Legislature tender their services to the State free of charge. The resolution was ruled to be out of order. Mr. Hood moved that the resolution be immediately transmitted to the Senate, which motion prevailed.

Mr. Turner moved that the rules be suspended to take up Senate bills for a first reading, which motion the Speaker held to be out of order.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:
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 acts, to-wit:
An act to authorize the issue of bonds of the State of Georgia, amounting to two million two hundred and ninetyeight thousand three hundred ninety-seven dollars for the purpose of retiring by exchange, or paying off the recognized bonds of the Macon and Brunwick Railroad to the amount of one million nine hundred and fifty thousand dol~ lars, the same being first mortgage bonds endorsed by the State, issued under an act approved December 3, 1866, and bonds of the North and South Railroad endorsed by the State, and issued under an act approved October 24, 1870, to the amount of two hundred and forty thousand dollars; also, bonds of the Memphis Branch Railroad, endorsed by the State, and issued under an act approved October 22, 18!70, to the amount of thirty-four thousand dollars, with accrued interest thereon to the first day of January, 1877, to the amount of seventy-four thousand three hundred and ninety-seven dollars, and for other purposes.

636

JOURNAL OF THE HOUSE

The reading of House bills the second time was resumed, and the following bills so read:

The following message was received from the Senate, through Mr. Harris, the secretary thereof:
Mr. Speaker: The Senate has concurred in the following resolution of
the House of Represent3.tives, to-wit: A resolutionProlonging the present session of the General Assembly,
by a constitutional majority, yeas 31, nays 4.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate consents to a committee of conference to the following bill of the House of Represenatives, and upon the part of the Senate have appointed on such committee Messrs. Hudson and Bush, to-wit :
A bill to -alter and amend section 4,570 of the Code, relative to the offense of shooting at another.
By Mr. Cox of BryanA bill for the relief of Charles H. Baker and Jacob Wise. Adverse report of the committee was disagreed to, By Mr. PilcherA bill to amend the law relative to liability of railroad companies for stock killed. Adverse report agreed to, and the bill lost.

Leave of absence was granted Messrs. Smith of Echols and Collins.
On motion the House adiourned to 9 o'clock Monday morning

MoNDAY, FEBRUARY 19, 1877.

637

ATLANTA, GEORGIA,
Monday, February 19, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. Mr. Richardson.
The roll was called and a quorum found present.
Mr. Mallette, from the Committee on Journals, reported the Journal of Saturday read, correct and approved.
The Journal was then read.
Mr. Bloodworth moved to reconsider the resolution to bring on the election of State Printer, which the House had on Saturday refused to adopt.
The motion did not prevail, and the resolution was not reconsidered.
Mr. Davis of Bibb, moved to reconsider the bill lost on Saturday, to. provide for the more equal adjustment of taxes.
Mr. Branch, called the previous question, the call was sustained, and on the motion to reconsider, Mr. Allred called the yeas and nays, which call was not sustained, and the motion to reconsider prevailed.
The bill was referred to the Committee on Finance. Mr. Jordan, of Hancock, moved to suspend the rules and take up a resolution to purchase a portrait of Joseph Henry Lumpkin, which motion did not prevail. Mr. Stewart of Spalding, Chairman of Committee on the Judiciary, submitted the following report:
Mr. Speaker: The Committee on the Judiciary have had under con-

638

JoURNAL oF THE HousE.

sideration the following bill, and recommend that the same do pass, to-wit:
A bill to be entitled an act to amend an act to organize a Criminal Court for the counties of DeKalb, Henry, Carroll, and Sumter, approved February 22d, 1873, so far as concerns the counties of Henry and DeKalb.
Your committee have had under consideration an application to establish a lost bill, to be entitled an act to repeal an act to regulate the sale of spirituous, vinous, or 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, so far as the same relates to the town of Dalton, in the county of Whitfield, approved February 26th, 1875. After investigation, your committee herewith submit a copy of said lost original, in substance, which your committee ask be establi;hed in lieu of the lost original.
JoHN D. STEWART, Chairman.

Mr. Hood, chairman of the Committee on Corporations, submitted the following report:
Mr. Speaker: The Committee on Corporations have had under consid-
eration the following bills, which they recommend do pass, to-wit:
A bill to amend an act to incorporate the town of St. Marys, and the several acts amending the same, and for other purposes.
Also, the following bill, which they recommend do pass as amended, to-wit:
A bill to incorporate the Rome Fire and Marine Insurance Company.
Also, the following bill, \V hich they recommend do not pass, to wit:

MoNDAY, FEBRUARY 19, 1877.

639

A bill to repeal certain sections of an act incorporating the city of Rome, in the county of Floyd.
A. Hooo, Chairman.

The regular order being the reading of House bills the third time, was taken up, and the following bills were read and disposed of, to-wit :
By Mr. Adams of ChathamA bill to appropriate one-half the State tax to be paid by Chatham county, for the year 1877, for certain purposes therein named. Mr. Hood moved that the Committee of the Whole, report the bill back in fifteen minutes, which was agreed to. This beinga bill to appropriate money, the House, on motion, went into Committee of the Whole for its consideration. The committee arose and reported the bill back with the recommendation that it do pass, as amended by substitute. Mr. Case called the previous question, which call was sustained, and the main question ordered. The substitute, as reported by the Committee of the Whole, was then adopted, and the report of the committee was agreed to.

Pending the discussion of the bill the hour of eleven o'clock arrived, it being the hour set for the special order, to-wit : the consideration of the bill for the sale of the Macon and Brunswick Railroad, it was, on motion, postponed, and made the special order for to-morrow, at 11 o'clock.

The House resumed the consideration of the bill.

The Speaker ruled upon the question of crder, that the bill was not in the nature of a donation, and did not require a two- thirds majority to pass it.

640

JouRNAL oF THE HousE.

Mr. Miller called the yeas and nays on the passage of the bill, which call was sustained, and the result was as follows:

Those voting in the affirmative are, Messrs.-

Adams of Chatham, Glover of Twiggs,

Adams of Lee,

Glover of Jones,

Anderson,

Guyton,

Atwood,

Harden,

Awtry,

H.irrell,

Bacon of Liberty, Harralson,

Benson,

Holhs,

Blue,

Hogan of Monroe,

Bowen,

Hood,

Brewer,

Hughes,

.Brown of Fayette, Johnston,

Burch of Thomas, Kennon,

Carter,

Key,

Colley,

Knox,

Corker,

Lang,

Cox of Bryan,

:Mallette,

Davis of Bibb,

Marshall,

DeLoach,

Matthews of Pike,

Dews,

McDonald,

Dozier of Quitman, McGar,

Duggar,

Peacock,

Duke,

Payne,

Faircloth,

Perkins,

Fortner,

Phillips of Cobb,

Green,

Pickett of Gilmer,

Pope, Price, Puckett, Rawlins, Reid ol Morgan Reid of Putnam, Reece, Roberson, Robson, Rouse, Russell, Scruggs, Smith of Tatnall, Stewart of Milton, Strickland, Wade, Walton of Burke, Wal;h, Willis, Whittle. Wooldridge, Williams, Wolihin, Wilcox.

Those votingin the negative are Messrs.-

Almon, Allred, Bennett, Black, Bloodworth,

Hammond, Hogan of Carroll, Humber, Hutchins, James,

Pilcher, Polhill, Ragsdale, Richardson, Roper,

MoNDAY, FEBRUARY 19, 1877.

641

Born, Branch, Brown of Upson, Burch of Elbert, Callaway, Candler, Case, Causey, Colbert, Cox of Troup, Davison, Davis of Houston, Davis of Stewart, Dozier of Harris, Dudley, Evans, Fletcher, Freeman, Fry, Grant, Gresham,

Jones of McDuffie, Shaw,

Jones of Polk,

Sheffield of Early,

Jordan of Hancock, Sheffield of Miller,

Kendrick,

Sikes,

Kirby,

Simms,

Leach,

Smith of Oglethorpe,

Matthews of Talbot, Smith of Echols,

Maund,

Smith of Walton,

McAfee,

Smith of Butts,

!\iclntyre,

Stanford,

Miller,

Stewart of Taylor,

Mobley,

Stokely,

Moore,

Taylor,

Moses,

Thomas,

North,

Turner,

Northen,

Tu~nbull,

Ottis,

Vick,

Owenby,

Walton of Haralson,

Paul,

Wise,

Penn,

Wilkes,

Phillips of Carroll, Willingham.

Those not voting are Messrs.-

Brockett,

Frederick,

Bunts,

Gray,

Carlton,

Goodrum,

Cloud,

Hillyer,

Cochran,

Jordan of Pulaski,

Collins,

Kimsey,

Fort,

McRae,

Yeas 74.

Nays 78.

Not voting 22.

So the bill was lost.

Murray, Pearson, Pickett of Rabun, Stewart of Spalding. Tumlin, Wall, Wilson.

Mr. Carlton, chairman of the Committee on Finance, submitted the following report:
41

642

JouRNAL OF THE HousE.

Mr. Speaker:
The Committee on Finance have had under consideration the following bill, which they recommend do pass, by subst1tute, to-wit:
A bill to amend the tax laws and to secure a correct and uniform valuation of taxable property.
H. H. CARLTON, Chairman.

Mr. Awtry, chairman of the Committee on Public Printing, submitted the following report;
Mr. Speaker: The Committee on Public Printing have had under con-
sideration the following bill, which they recommend do pass as amended, to-wit ;
A bill to abolish the office of Public Printer and to provide for the public printing.
J. F. AWTRY.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker- :
The Senate has passed the following bills of the House of Representative!', to-wit:
A bill to prohibit the sale of spirituous liquors within two miles of Red Oak Church in the county of Pike, and also within two miles of Providence Church in the county of Spalding.
Also, a bill to repeal an act to create a board of commissioners for the county of Banks.
Also, a bill to incorporate the town of The Rock, in the county of Upson.
Also, a bill to repeal an act to compensate the grand and petit jurors of Washington, Lincoln, Screven and Hall counties, so far as the same relates to the county of Lineoln.

MoNDAY, FEBRUARY 19, 1877.

643

Also, a bill to incorporate the Dade Iron Company of Georgia.
Also, a bill to incorporate the Augusta and Knoxville Railroad Company.
Also, a bill to create a board of roads and revenues, for the county of Calhoun.
Also, a bill tv require the Ordinary of Fulton county to furni<>h chambers for the Judge of Superior Court of said county.
Also, a bill to change the county of Echols from the Brunswick Judicial Circuit tOt the Southern Circuit.
Also, a bill to amend an act to prohibit the sale of spirituous liquors within one mile of Villa Rica, Old Bethel and Pleasant Grove Churches, in Carroll county.
Also, a bill to amend the charter of Valdosta. Also, a bill to provide for the payment of the claims of teachers for the year 1871, in the counties of Gilmer, Whitfield, Butts, Union and Randolph.
The Senate has pas~ed the following bill of the House of Representatives, by a constitutional majority of "29 yeas and 8 nays, to- wit :
A bill to amend an act to incorporate the Augusta Savings Institution, approved February 16, 1875.

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 provide for the appointment of school trustees for sub-districts of the counties of this State.

The Senate has passed the following bills of the House of Representatives, to-wit :

A bill to amend an act to organize a Criminal Court for

the county of Burke.



644

JouRNAL oF THE HousE.

Also, a bill to repeal an act to fix the compensation of Tax Receiver, Tax Collector, and County treasurer of the county of Washington, and for other purposes.

The Special Committee appointed to investigate the disappearance from the Clerk's desk of House Bill No. 297!, relative to the repeal of the local option law in the city of Dalton and county of Whitfield, introduced by Mr. Richardson, submitted the following report:
Mr. Speaker:
The committee, after investigating the matter and hearing testimony, exonerate the clerks from any complicity in the disappearance of said bill; and also believe that no member of either the House or Senate had anything to do, whatever, with the disappearance of said bill; hut are of opinion, predicated upon the facts and circumstances developed in the investigation, that the said bill was ab stractcd by some person, and we cannot understand the motiv~, unless it was for the purpose of defeating the bill.
W. C. RICHARDSON, Chairman.

Mr. Payne moved to suspend the rules and reconsider the bill "To appropriate a certain part of the taxes to be paid by Chatham county," which motion did not prevail.

The regular order was resumed. By Mr. HoodA bill to amend section 4, 370 of the Code. The Senate consented to a conference committee. By Mr. PolhillA bill to provide for sub-trustees of school districts. Senate amendments concurred in. By Mr. KennanA bill to provide for an issue 0f bonds by the authori ties of Fort Gaines. Senate amendments concurred in.

MoNDAY, FEBRUARY 19, 1877.

645

By Mr. BowenA bill to change the time of holding the Superior Courts in the county of Effingham. Senate amendments concurred in. By Mr. TumlinA bill to repeal the act regulating the sale of liquors near Kingston. Senate amendments concurred in. By Mr. BrewerA bill to abolish the County Court m the county of Effingham. Passed by substitute. By Mr. RichardsonA bill to repeal an act regulating the sale of liquors in Dalton. Passed. By Mr. EvansA bill to amend the tax laws of this State.
Mr. Hollis called the previous question on the passage Qf the bill as amended by the substitute. The call was sustained and the main question ordered.

The report of the committee was agreed to.

Mr. Sheffield of Miller, called the yeas and nays on the passage of the bill. which call was sustained, and the result was as follows :

Those voting in the affirmative are Messrs.-

Adams of Lee, Almon, Anderson, Awtry, Bloodworth, Bor.n, Bowen,

Gresham, Guyton, Harden, Hillyer, Hogan of Monroe, Hogan of Carroll, Hood,

Owenby, Peacock, Paul, Peek, Penn, Pol hill, Pope,

646

JouRNAL OF THE HousE.

Branch, Brewer, Brown of Upson, Brown of Fayette, , Burch of Elbert, Callaway, Candler, Carlton, Case, coaey, Cox of Bryan, Davis of Bibb, Davis of Houston, Davis of Stewart, Dews Evans, Fry, Green,

Hughes,

Ragsdale,

Humber,

Shaw,

Hutchins,

Sheffield of Early,

James,

Sikes,

Johnston,

Smith of Butts,

Jones of McDuffie, Stanford,

Jones of Polk,

SLewart of Spalding,

Jordan of Hancock, Taylor,

Kennon,

Tumlin,

Knox,

Walton of Burke,

Mallette,

Walsh,

McG<~.r,

Wall,

Miller,

Wise.

Moore,

Wilkes,

Moses,

Whittle,

North,

Wilson,

Northen,

W"illiams,

Ottis,

Wolihin.

Those voting in the negative are Messrs.-

Allred, Bacon of Liberty, Bennett, Blue, Bunts, Burch of Thomas, Carter, Causey, Cochran, Colbert, Davison, DeLoach, Dugg.tr, Duke, Fletcher, Fort, Fortner, Frederick,

Hammond,

Robson,

Harrell,

Roper,

Harralson,

Rouse,

Hollis,

Russell,

Key,

Sheffield of Miller,

Kirby,

Simms,

Marshall,

Smith of Echols,

Matthews of Pike, Smith of Walton,

Matthews of Talbot, Smith of Tatnall,

McDonald,

Stewart of Taylor,

Mcrntyre,

Stokely,

Mobley,

Thomas,

Perkins,

Turner,

Phillips of Carroll, Turnbull,

.Pickett of Rabun, Vick,

Pilcher,

Wade,

Price,

Walton of Haralson,

Puckett,

Willis,

MoNDAY, FEBRUARY 19, 1877.

647

Freeman, Grant, Gray,

Reid of Morgan, Reid of Putnam, Richardson,

Willingham, Wilcox.

Those not voting are Messrs.-

AdaLLs of Chatham, Faircloth,

Pearson,

Atwood,

Glover of Twiggs, Phillips of Cobb,

Benson,

Goo1ru;n,

Pickett of Gilmer,

Black,

Jordan of Pulask:., Rawlins,

Brockett,

Kendrick,

Reece,

Cloud,

Kimsey,

Roberson,

Collins,

Lang,

Scru~gs,

Corker,

Leach,

Smith of Oglethorpe,

Cox of Troup,

McAfee,

Stewart of Milton,

Dozier of Harris, McRae,

Strickland,

Dozier of Quitman, Murray,

Wooldridge.

Dudley,

Payne,

Yeas, 75. Nays, 63. Not voting, 36.

So the bill was passed as amended by the substitute.

Hon. B. H. Mays was invited to a seat on the floor.

By Mr. Cox of BryanA bill for the relief of Charles H. Baker and Jacob Wise. Mr. Davidson called the previous question. The call was sustained, and the main question ordered. The committee were allowed twenty minutes to close the debate. Mr. Moses called the yeas aPd nays, which call was not sustained, and the bill was put on its passage and lost.
Mr. Payne, chairman of the Committee on Enrollment, submitted the following report :

648

JOURNAL OF THE HoUSE.

JVIr. Speaker:

The Committee on Enrollment report as duly enrolled,

and ready for the signature of the Speaker of the House

of Representatives, the following acts, to-wit;

An act to incorporate the Milledgeville Manufacturing

Company.

Also, an act to change and amend an act to limit and

define the jurisdiction of the County Court of Elbert

county in matters of debt, to extend and further define

the jurisdiction of said court, and for other purposes therein

mentioned.

Also, an act to regulate the pay of jurors and bailiffs of

the counties of Paulding, Polk, Haralson and Spalding.

Also, an act for the relief of James R. Johnson, and

others.

Also, an act to levy a tax for the support of the gov-

ernment for the year 1877, :md to provide for the collection

of taxes due the State, and for other purposes therein

mentioned.

By Mr. Hardin-

W. W. PAYNE, Chairman.

A bill to render more effectual the inspection and analy-

ses of fertilizers.

Laid on the table.

By Mr. Dudley-

A bill to change the line between the counties of Floyd

and Gordon.

Passed.

By Mr. Anderson-

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

ton and Jasper.

Passed, by substitute.

By Mr. Wade-

A bill to exempt the Screven Troop from road and jury

duty.

Passed.

MoNDAY, FEBRUARY 19, 1877.

649

Mr. Carlton, chairman of the Finance Committee, made a report, which was laid on the table.

By Mr. BennettA bill to repeal the act fixing the pay of jailers in the counties of Banks and Jackson. Passed. By Mr. HumberA bill for the relief of certain teachers of public schools in the county of Stewart. Laid on the table. Taken up, amended and passed. By Mr. FortA bill to grant certain privileges to the Griffin Light Guards, etc.
Passed. By Mr. HammondA bill to fix the time in which the acts of the General Assembly may be signed by the officers thereof. Passed. By Mr. PeacockA bill to abolish the board of commissioners of the county of Washington. Passed. By Mr. FortA bill to require emigrant agents to pay a license of$500 in each county they may do business in. Passed. By Mr. Davis of StewartA bill to authorize the erection of gates across second and third class roads in the county of Stewart. Passed. By Mr. WadeA bill to make it a felony to carry away agricultural produce in the night time. Passed.

650

JOURNAL OF THE HOUSE.

The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary:
llfr. Speaker:
The Governor has approved the following acts, to-wit : An act to authorize the county board of commissioners of Decatur to issue bonds of said county, for certain purposes, and to provide for the payment of the same. Also, an act to change the county line between the counties of Coweta and Meriwether. Also, an act to repeal the local option law so far as it relates to Adairsville, in Bartow county. Also, an act to reduce the compensation of the county treasurer of Greene. Also, an act to authorize Harney T. Powell and Authur E. Boardman and their associates to construct and operate a boom across the Ocmulgee river at Macon, to prevent obstructions to the same, and to punish any one who shall obstruct or injure the same. Also, an act to incorporte the Brooks County Manufacturing Association, and to confer certain powers and privileges on the same. Also, an act to enable the treasurer of Oconee county to pay out the money arising from fines and forfeitures in the county Court of said county. Also, an act authorizing the transfer of certain cases from the Superior Court of Fulton county to the City Court of Atlanta, and vice versa. Also, an act to amend section 2,040 of the Code of 1873, in relation to property exempt from levy and sale. Also, an act to prevent joint stock companies, corporations and other associations from declaring dividends, when they have not realized an income on their investments, and for other purposes. Also, an act to incorporate the town of Rocky Mount, in the county of Meriwether, and to appoint commissioners for the same, and for other purposes.

MoNDAY, FEBRUARY 19, 1877.

651

Also, an act to abolish the County Court of Marion. Also, an act to incorporate the Merchants' Bank of Macon. Also, an act to repeal an act to be entitled an act to establish a board of education for the city of Griffin, and to distribute and appropriate the money due said board from the State of Georgia for the year 1876. Also, an act to amend section 45!:1 of the Code. of Georgia of 1873, in relation to changing the place of holding Justices' Courts in city and town districts as often as may be necessary, and for other purposes. Also, an act to amend section 3, 725 of the Code of 1873 relative to the claim laws. Also, an act to require the Tax Collector of Fulton county to make more frequent settlements with the Comptroller General of the State, and the Ordinary of Fulton county, than is now required by law, to fix his bond, and for other purposes. Also, an act to provide for the service of writs, pro cesses, summonses and attachments. Also, an act to issue the bonds of the State of Georgia amounting to two millions two hundred and ninety-eight thousand three hundred and ninety-seven dollars ($2, 298,397), for the purpose of retiring by exchange, or paying off the:recognized bonds of the Macon and Brunswick railroad, to the amount of one million nine hundred and fifty thousand dollars (1,950, 000), the same being first mortgage bonds endorsed by the State, issued under an act approved December 3, 1866, and bonds of the North and South railroad endorsed by the State, and issued under an act approved October 24th, 1870, to the amount of two hundred and forty thousand dollars ($240,000); also, bonds of the Memphis Branch railroad endorsed by the State, and issued under an act approved October 22d, 1870, to the amount of thirty-four thousand dollars ($34, 000), with accrued interest thereon to the first day of January, 1877, to

652

JOURNAL OF THE HOUSE.

the amount of seventy-four thousand three hundred and ninety-seven dollars ($74,397), and for other purposes.

The regular order was resumed.

By Mr. Smith of WaltonA bill to amend the act incorporating Social Circle. Passed. By Mr. RichardsonA bill to amend the charter of the city of Dalton. Amended and passed. By Mr. AndersonA bill to prohibit the sale of liquors near Snapping Shoals. Amended and passed. By Mr. CochranA bill to fix the license for retailing spirituous liquors in Blackshear. Passed. By Mr. FortnerA bill to abolish the board of commissioners in the county of Johnson. Passed. By Mr. JamesA bill to authorize the Georgia Railroad Company to purchase the Port Royal Railroad. Amended and passed. Also, a bill to authorize the Georgia Railroad Company to issue bonds. Amended and passed. Also, a bill to authorize the Georgia Railroad to purchase the Macon and Augusta Railroad. Passed. By Mr. PayneA bill to fix and regulate the election of Justices of the Peace in the city of Savannah. Passed.

MONDAY, FEBRUARY 19, 1877.

653

By Mr. HardinA bill to amend the act incorporating the Direct Trade Union. Passed. By Mr. Phillips of CarrollA bill to amend the act regulating the sale of liquors in Carroll county. Senate amendment concurred in. By Mr. Walton of BurkeA bill to repeal an act providing for the payment of certain insolvent costs. Passed. By Mr. VickA bill to consolidate the offices of Tax Receiver and Collector in the county of Colquitt. Passed. By Mr. WhittleA bill to authorize payment of election expenses in the county of Bibb. Amended and passed. By Mr. KennonA bill to incorporate the Fort Gaines and Pataula Railroad Company. Amended and passed. By Mr. MalletteA bill to amend the several acts incorporating the town of Saint Marys. Passed. By Mr. Cox of BryanA bill to amend the game laws in the county of Bryan. Laid on the table. By Mr. RagsdaleA bill to prohibit the furnishing of spirituous liquors in the county of DeKalb. Passed. By Mr. Whittle-

654

JouRNAL OF THE HousE.

A bill to authorize the payment of the claim of J. Boor-
man, Johnston & Co. Withdrawn.

On motion the House adjourned to 3.30 o'clock.

AFTERNOON SESSION.
3:30 o'CLOCK. The House reassembled, and was called to order by the Speaker.
The roll-call was dispensed with, and the regular order resumed.
By Mr. Cox of BryanA bill to amend the game laws of the county of Bryan. Passed. By Mr. HardenA bill to amend the law in reference to the inspection of fertilizers.
Mr. Roberson called the previous question, which call was sustained, and the main question ordered on the pending amendments.
The several amendments were then disposed of. The substitute offered by Mr. Moses was then lost. The substitute reported by the committee was then adopted, the report of the committee agreed to, and the bill passed.
By Mr. Phillips of CobbA bill to incorporate the Laurel Mills Manufacturing Company.

MoNDAY, FEBRUARY 19, 1877.

655

This being a bill requiring the call of the yeas and nays, the same was had, and the result was as follows :

Those voting in the affirmative are Messrs.-

Adams of Chatham, Green,

Pickett of Rabun,

Adams of Lee,

Glover of Twiggs, Pol hill,

Allred,

Glover of Jones, Pope,

Anderson,

Hammond,

Price,

Atwood,

Harden,

Puckett.

Awtr),

Harrell,

Ragsdale,

Bacon of Liberty, Harralson,

Rawlins,

B~nson,

Hillyer,

Ree-e,

Bennett,

Hogan of Monroe, Richardson,

Black,

Hogan of Carroll, Roberson,

Bloodworth,

Hood,

Robson,

Blue,

Hughes,

Roper,

Born,

Humber,

Rouse,

Bowen,

Hutchins,

Scruggs,

Branch,

James,

Shaw,

Brown of Upson, Johnston,

Sheffield of Early,

Bunts,

Jones of McDuffie, Sheffield of Miller,

Burch of Elbert, Jones of Polk,

Smith of 05lethorpe,

Callaway,

Jordan of Hancock, Smith of Walton,

Carlton,

Kennon,

Smith of Tatnall,

Carter,

Key,

Smith of Butts,

Causey,

Knox,

Stewart of Taylor,

Colbert,

Lang,

Stewart of Milton,

Colley,

Leach,

Stewart of Spalding,

Uorker,

Mallette,

Stokelv,

Cox of Troup,

Marshall,

Strickland,

Cox nf Bryan,

Matthews of Pike, Taylor,

Davison,

Matthews of Talbot, Thomas,

Davis of Stewart, McAfee,

Tumlin,

DeLoach,

McDonald,

Turner,

Dews,

Mcintyre,

Wade,

Dozier of Harris, McGar,

Walton of Burke,

Dozier of Quitman, McRae,

Walton of Haralson,

Dudley,

Miller,

Wall,

656
Duggar, D11ke, Evans, Faircloth, Fletcher, Fortaer, Fry, Grant, Gray,

] OURNAL OF THE HOUSE.

Mobley, Moses, Owenby, Peacock, Payne, Paul, Peek, Perkins, Phillips of Cobb,

Wise, Wilkes, Willis, Wilson, Williams. Wolihin, Willingham, Wilcox.

Those voting in the negative are Messrs.-

Almon

Sikes,

Vick,

Those not voting are Messrs.-

Brewer, Brockett, Brown of Fayette, Burch of Thomas, Candler, Case, Cloud, Cochran, Collins, Davis of Bibb, Davis of Houstun, Fort, Frederick, Freeman, Gresham,

Goodrum, Guyton, Hollis, Jordan of Pulaski, Kendrick, Kimsey Kirby, Maund, Moore, Murray, North, Northen, O t t is, Pearson,

Penn, Phillips of Carroll, Pickett of Gilmer, Pilcher, Reid of Morgan, Reid of Putnam, Russell, Simms, Smith of Echols, Stanford, Turnbull, Walsh, Whittle, . Wooldridge.

Yeas, 128. Nays, 3. Not voting, 43. So the bill was passed by the regular constitutional majority. Mr. Payne, chairman of the Committee on Enrollment submitted the following report:

MoNDAY, FEBRUARY 19, 1877.

657

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 act, to-wit :
An act to amend an act to organize a Criminal Court for the county of Burke, and for other purposes therein mentioned, approved February 26th, 1876, and to add additional secthns thereto.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following bill of the House of Representatives, and I am directed to transmit the same forthwith, to-wit :
A bill to provide a form of government for the Georgia Institution for the Educat~on of the Deaf and Dumb, and for other purposes.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following bill of the House of Representatives, and I am directed to transmit the same forthwith, to-wit:
A bill to organize a County Criminal Court for Washington county.

The Senate has passed the following bills, to-wit: A bill to authorize the sheriff of Mcintosh county to execute any Justice Court process, and to do all other acts that a constable is empowered to do, and to receive constable's costs for the same. Also, a bill to amend an act for the protection of deer, partridges and wild turkeys in the counties of Chatham
42

658

JOURNAL OF THE HOUSE.

and Bryan, and for other puposes, so as to include the county of Whitfield in said act.
Also, a bill to amend section 54 of the Code. Also, a bill to repeal an act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, so far as the same relates to the county of Glynn. Also, a bill to repeal an act to create a board of commissioners of roads and revenue for the county of Forsyth, and for other purposes. Also, a bill to provide for the incorporation of the purchasers of the Georgia Western Railroad, and for other purposes.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker: 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 to prevent fishing in the waters of Worth county with seines, gill-nets, or otherwise, except as hereinafter provided.
The Senate has passed the following bills of the House of Representatives, to-wit:
A bill to amend the charter of the town of Perry. Also, a bill to pay M. Sapps, late sheriff of Chattahoochee county, insolvent costs. Also, a bill to reduce the bond of the sheriff of Webster county. Also, a bill to change the place of sheriff's sal~s in the cou..ty of McDuffie. Also, a bill to incorporate the Georgia Chemical W 0rks. Also, a bill to amend the charter of the town of Spalding, in the county of Macon.

MoNDAY, FEBRUARY 19, 1877.

659

The Senate has concurred in the following resolution of the House of Representatives :
A resolutionAuthorizing the Governor to accept the surrender of the charter of the Marine Bank of Georgia.

The Senate has concurred in the following resolution of the House of Representatives, and, on the part of the Senate, have appointed on such committee Mr. Shewmake:
A resolutionTo appoint a committee to notify his Excellency, the Governor, of the prolongation of the session of the General Assembly.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:. ,
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House and President of the Senate, and delivered to his Excellency the Governor, the following acts, to-wit:
An act to incorporate the Middle Georgia Mineral Association.
Also, an act to prohibit the sale of spirituous liquors to be used as a beverage, within three miles of Sugar Valley Baptist Church, Gordon county.
Also, an act to authorize and empower the chairman of the board of county commissioners, in his ex-officio capacity as Mayor of the city of Darien, to fine and imprison delinquent street hands in said city.
Also, an act to regulate the pay of commissioners of roads and revr.nue for the county of Glascock.
Also, an act to give the board of commissioners of Chatham county, and Mayor of Savannah, the power to compel the removal of persons who have small-pox to hospital, and make vaccination compulsory.

660

JouRNAL OF THE HousE.

Also, an act to repeal an act to regulate the sale of intoxicating liquors in the county of Miller, approved February 16, 1876.
Also, an act to change the lines between the counties of Bibb and Monroe, so as to add the residence of Dr. Lee Holt and about fifty or seventy-five acres of land, part of lot No. 285, to the county of Bibb.
Also, an act to incorporate the town of Medville, in the county of Burke, and for other purposes.
Also, an act for the relief of Gidson L. Mathews, of .the county of Washington, and for other purposes.
Also, an act to amend an act conferring civil jurisdiction on the Mayor of the town of Blackshear, in the county of Pierce, in this State, approved August 27, 1S72, so as to limit the civil jurisdiction conferred by said act, and to restrict the exercise of such jurisdiction to the limits of the militia district in which said town of Blackshear is situated, and for other purposes.
Also, an act to amend an act to require the Mayor and aldermen of the city of Bainbridge to assess the value of the taxable property of said city, and for other purposes herein named, approved March 10, 1869.
Also, an act to define the mode and manner of purchasing and slaughtering cattle, so far as the same relates to the county of Bibb.
Also, an act to change the existing county line between the counties of Lowndes and Echols, in this State.
Also, a11 act to regulate the election franchise)n municipal elections in the city of Augusta, and for other purposes.
Also, an act to amend an act to establishing a County Court for the counties of Dougherty and Lee, and to repeal so much thereof as fixes the compensation of the Judges of said Court, and for other purposes, approved August 24th, 1872.
Also, an act to change the line between the counties of
,.

MoNDAY, FEBRUAR\1 19, 1877.

661

Bibb and Twiggs, so as to include the lots No. 63 and No, 64 of the 7th district of Twiggs county into the county of Bibb.
Also, an act to provide for the election of county treasurer of Burke coun'ty.
Also, an act to amend an act for the protection of deer, turkeys and partridges in the counties of Chatham and Bryan, and to make the killing or trapping of the same in in said counties a penal offense during certain seasons of the year.
Also, an act to change the line between the counties of Henry and Clayton.
Also, an act to amend an act to prevent the sale of spirituous liquors to minors, and for other purposes, approved February 24th, 1875.
Also, an act to reduce the sheriff's bond of Clinch county.
Also, an act to reduce the sheriffs' bonds in the counties of Wilkinson and Jasper.
Also, an act to repeal an act establishing County Courts in the counties of Dougherty, Early and Lee.
Also, an act to change the lines between the counties of Erwin and Berrien.
Also, an act to change the line between the counties of Troup and Coweta.
Also, an act to create a County Court in each county in the State of Georgia, except certain counties therein named, so far as relates to the county of Greene.
Also, an act to provide for the manner of appointing the commissioners of Mcintosh county.
Also, an act to prevent any person or persons from seining for fish in the waters of the Suwannoochee and Tom's creek, in the counties of Clinch and Echols.
Also, an act to amend the charter of the city of Cartersville, in Bartow county.
Also, an act tO- fix and regulate liquor license in the

662

JouRNAL oF THE HousE.

counties of Appling and Emanuel, and for other purposes. Also, an act to change the time of holding the Superior
Courts in the county of Miller, and for other purposes. Also, an act to amend section 1,270 of the Code, relat-
ing to the establishment of ambulatory schools, so far as relates to the counties of Wayne, Milton and Pierce.
Also, an act to change the lines between the counties of Taliaferro and Greene so as to include the residence and enclosure of John T. Herd, also Thomas Akin, also Red Runnolds, in the county of Taliaferro, and to define the lines between said counties, and for other purposes.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:
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 act, to-wit :
An act to authorize the issue of bonds of the State of Georgia, amounting to two million two hundred and ninetyeight thousand three hundred ninety-seven dollars for the purpose of retiring by exchange, or paying off the recognized bonds of the Macon and Brunwick Railroad to the amount of one million nine hundred and fifty thousand dollars, the same being first mortgage bonds endorsed by the State, issued under an act approved December 3, 1866, and bonds of the North and South Railroad endorsed by the State, and issued under an act approved October 24, 1870, to the amount of two hundred and forty thousand dollars; also, bonds of the Memphis Branch Railroad, endorsed by the State, and issued under an act approved October 22, 1870, to the amount of thirty-four thousand dollars, with accrued interest thereon to the first day of January, 1877, to the amount of seventy-four thousand

MONDAY, FEBRUARY 19, 1877.

663

three hundred and ninety-seven dollars, and for other purposes.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report :
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 act, to-wit:
An act to amend an act to organize a Criminal Court for the county of Burke, and for other purposes therein mentioned, approved February 26, 1876, and to add additional sections thereto.

The following message was received fro? the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaket : The Senate has passed the following bill, to-wit: A bill to incorporate the Sterling and Jacksonville Rail-
road Company.

Mr. Stewart of Spalding, chairman of the Committee on the Judiciary, submitted the following report:
Mt. Speaker:
The Committee on the Judiciary have had under consideration the following bill, which they recommend do pass as amended :
A bill to be entitled an act to regulate the practice in the Supreme Court of Georgia.
STEWART, Chairman.

Mr. Hood offered the following resolution, which was agreed to, to-wit:
Resolved, That no further leaves of absence be granted, and that the Auditing Committee do not audit the account

664

JouRNAL oF THE HouSE.

of any member who shall be absent from this House without leave, until the further order of this House.

Mr. Candler moved to take from the table, which motion prevailed, the bill, to-wit ;
By Mr. CandlerA bill to provide for the holding of a Constitutional Convention.

This bill had been returned from the Senate, with the message that the Senate refused to concur in the House amendment to the Senate amendment.

Mr. Candler moved that the House recede from its amendment.

Mr. Branch.called the previous question on this motion, which call was sustained, and the main question ordered.

Mr. Sheffield of Miller, called for the yeas and nays, which call was sustained, and the result was as follows :

Those voting in the affirmative are Messrs.-

Adams of Chatham, Green,

Almon,

Gresham,

Allred,

Harden,

Ander11on,

Hillyer,

Atwood,

Hogan of Carroll,

Awtry,

Hughes,

Benson,

Hutchins,

Bennett,

James,

Black,

Johnston,

Bloodwor':.h,

Jones of McDuffie,

Born,

Jones of Polk,

Bowen,

Kenno?,

Branch,

Kirby,

Brown of Fayette, Lang,

Callaway,

Leach,

Phillips of Cobb, Pilcher, Pope, Price, Ragsdale, Reid of Putnam, Roberson, Robson, Rouse, Scruggs, Sh!!.w, Sikes, Simms, Smith of Echols, Smith of Walton,

'

MoNDAY, FEBRUARY 19, 1877.

665

Candler, Carlton, Case, Colbert, Colley, Cox of Troup, Cox of Bryan, Davis of Bibb, Davis of Houston, Davis of Stewart, DeLoach, Dozier of Harris, Dews, Fletcher, Fortner, Freeman,

Mallette,

Smith of Butts,

Matthews of Pike, Stanford,

Matthews of Talbot, Stewart of Taylor,

McDonald,

Stewart of Milton,

Mcintyre,

Stewart of Spalding,

McGar,

Strickland,

Miller,

Tumlin,

Mobley,

Turner,

Moses,

Wise,

Ottis,

Wilkes,

Owenby,

Whittle,

Peacock,

Williams,

Payne,

Willingham,

Paul,

Wilcox.

Peek,

Penn,

Those voting in the negative are Messrs.-

Adams of Lee, Hammond, Bacon of Liberty, Harrell,

Rawlins, Reece,

Blue,

Harralson,

Richardson,

Brown of Upson, Hollis,

Roper

Bunts,

Hogan of Monroe, Sheffield of Early,

Burch of Thomas, Hood,

Sheffield of Milia-,

Burch of Elbert, Humber,

Smith of Oglethorpe,

Carter,

Jordan of Hancock, Smith of Tatnail,

Collins,

Kendrick,

Stokely,

Davison,

Key,

Taylor,

Dozier of Quitman, Knox,

Thomas;

Dudley,

Marshall,

Vi<!k,

Duggar,

Maund,

Wade,

Duke,

McAfee,

Walton of Burke,

Faircloth,

McRae,

Walton of Haralson,

Fort,

Perkins,

Wall,

Fry,

Phillips of Carroll, Willis,

Grant,

Pickett of Rabun, Wilson,

Gray,

Pickett of Gilmer, Wooldridge,

Glover of Jones, Polhill,

Wolihin.

Guyton,

Puckett,

\

666

JouRNAL oF THE HousE.

Those not voting are Messrs.-

Brewer, Brockett, Causey, Cloud,
Coch~an,
Corker, Evans,

Frederick, Glover of Twiggs, Goodrum, Jordan of Pulaski, Kimsey, Moore, Murray,

North, Northen, Pearson, Reid of Morgan, Russell, Turnbull, Walsh.

Yeas, 91. Nays, 62. Not voting, 21.

So the motion to recede from the House amendment t o the Senate amendment prevailed.

Mr. Fort moved to adjourn"to 7.30 o'clock. Mr. Miller called the yeas and nays on this motion, which call was not sustained.

The motion to adjourn to 7.30 o'clock then prevailed.

Leave of absence was granted Messrs. Kirby and Jordan of Hancock.

The House then adjourned to 7:30 o'clock.

NIGHT SESSION.
7:30 O'CLOCK. The House re-assembled, and was called to order by the Speaker.
The roll-call was dispensed with.

MoNDAY, FEBRUARY 19, 1877.

667

The House resumed the consideration of the bill to provide for the holding of a Constitutional Convention.
Mr. Candler moved to concur in the Senate amendment: Mr. Fort moved to indefinitely postpone the further consideration of the Senate amendment. Mr. Robson called the previous question, which call was sustained, and the main question ordered. Mr. Bloodworth called the yeas and nays, which call was sustained, and the result was as follows :

Those voting in the affirmative are Messrs.-

Adams of Lee, Anderson, Bacon of Liberty, Blue, Brown of Upson, Bunts, Burch of Elbert, Carter, Davison, Duggar, Fort, Frederick,

Fry, Hammond, Harrell, Hillyer, Hollis, Hood, Humber, Kendrick, McAfee, North, Perkins,

Rawlins, Reid of Putnam, Richardson, Roper, Sheffield of Early, Sheffield of Miller, Thomas, Vick, Wall, Wooldridge, Wolihin.

Those voting in the negative are Messrs.-

Adams of Chatham, Glover of Jones, Pilcher,

Almon,

Guyton,

Polh"ill,

Allred, Awtry,

Harden, Harralson,

1 Pope, Price,

Benson,

Hogan of Monroe, Ragsdale,

Bennett,

Hogan of Carroll, Reid of Morgan,

Black,

Hughes,

Reese,

Bloodworth,

Hutc.hins,

Roberson,

Born,

James,

Robson,

Bowen,

Johnston,

Rouse,

Branch,

Jones of McDuffie, Russell,

Brewer,

Jones of Polk,

Scruggs,

668

JOURNAL OF THE HoUSE.

Burch of Thomas, Kennon,

Shaw,

Callaway,

Key,

Sikes,

Candler,

Kirby,

Simms,

C.ulton,

Knox,

Smith of Echols,

Case,

Leach,

Smith of Walton,

Causey,

Mallette,

Smith of Tatnall,

Colbert,

Matthews of Pike, Smith of Butts,

Colley,

Matthews of Talbot, Stanford,

Cox of Troup,

Maund,

Stewart of Taylor,

Cox of Bryan,

McDonald,

Stewart of Spalding,

Davis of Bibb,

Mcintyre,

Stokely,

Davis of Houston, McGar,

Strickland,

Davis of Stewart, McRae,

Tumlin,

DeLoach,

Miller,

Turner,

Dozier of Harris, Mobley,

Turnbull,

Dozier of Quitman, Moore,

Wade,

Dudley,

Moses,

Walton of Haralson,

Evans,

Ottis,

Walsh,

Faircloth,

Owenby,

Wise,

Fletcher,

Peacock,

Wilkes,

Fortner,

Paul,

Willis,

Freeman,

Peek,

Whittle,

Grant,

Penn,

Wilson,

Gray,

Phillips of Carroll, Williams,

Green,

Phillips of Cobb, Willingham,

Gresham,

Pickett of Rabun, Wilcox.

Glover of Twiggs, Pickett of Gilmer,

Those not voting are Messrs.-

Atwood,

Goodrum,

Payne,

Brockett,

J Qrdan of Hancock, Pearson,

Brown of Fayette, Jordan of Pu!aski, Puckett,

Cloud,

Kimsey,

Smith of Oglethorpe,

Cochran,

Lang,

Stewart of Milton,

Collins,

Marshall,

Taylor,

Corker,

Murray,

Walton of Burke.

Duke,

N orthen,

Ayes,34. Nays, 116. Not voting, 24.

MoNDAY, FEBRUARY 19, 1877.

669

So the motion to indefinitely postpone did nol:tPrevail.

The question then recurred on the motion of Mr. Candler to concur in the Senate amendment.
Mr. Miller called the previous question. The call was sustained, and the main question ordered. Mr. Miller called the yeas and nays on Mr. Candler's motion to concur in the Senate amendment. The call was sustained, and the result was as follows :

Those voting in the affirmative are Messrs.-

Adams of Chatham, Glover of Jones, Polhill,

Almon,

Guyton,

Pope,

Allred,

Hammond,

Price,

Anderson,

Harden,

Ragsdale,

Awtry,

Harrell,

Rawlins,

Benson,

Harralson,

Reid of Morgan,

Bennett,

Hogan of Monroe, Reid of Putnam,

Bloodworth,

Hogan of Carroll, Reece,

Born,

Hughes,

Richardson,

Bowen,

Hutchins,

Roberson,

Brewer,

James,

Robson,

Brown of Upson, Johnston,

Russell,

Bunts,

Jones of McDuffie, Scruggs,

Burch of Elbert, Jones of Polk,

Shaw,

Callaway,

Jordan of Hancock, Sheffield of Early,

Candler,

Key,

Sikes,

Carlton,

Kirby,

Smith of Oglethorpe,

Carter,

Knox,

Smith of Echols,

Case,

Leach,

Smith of Walton,

Causey,

Mallette,

Smith of Tatnall,

Colbert,

Marshall,

Smith of Butts,

Colley,

Matthews of Pike, Stanford,

Corker,

Matthews of Talbot, Stewart of Taylor,

Cox of Troup,

McAfee,

Stewart of Spalding,

Cox of Bryan,

McDonald,

Stokely,

Davison,

Mcintyre,

Strickland,

Davis of Bibb, McGar,

Taylor,

670

JouRNAL OF THE HousE.

Davis o1. Houston, McRae,

DeLoac~,

Miller,

Dozier of Harris, Mobley,

Dozier of Quitman, Moore,

Dudley,

Moses,

Duggar,

North,

Evans,

O t t is,

Faircloth,

Owenby,

Fletcher,

Peacock,

Fortner,

Paul,

Freeman,

Peek,

Fry,

Penn,

Grant,

Phillips of Carroll,

Gray,

Phillips of Cobb,

Green,

Pickett of Rabun,

Gresham,

Pickett of Gilmer,

Glover of Twiggs, Pilcher,

Tumlin, Turner, Turnbull, Vick, Wade, Walton of Haralson, Walsh, Wise, Wilkes, Whittle, Wilson, Willis, Wooldridge, Williams, Wolihin, Willingham, Wilcox.

Those voting in the negative are Messrs.-

Adams of Lee, Branch, Burch of Thomas, Fort, Hollis,

Hood, Humber, Kendrick, Kennon, Maund,

Roper, Sheffield of Miller, Simms, Thomas, Walton of Burke.

Those not voting are Messrs.-

Atwood, Bacon of Liberty, Black, Blue, Brockett, Brown of Fayette, Cloud, Cochran, Collins,

Davis of Stewart, Dews, Duke, Frederick, Goodrum, Hillyer, Jordan of Pulaski, Kimsey, Lang,

Murray, Northen, Payne, Pearson, Perkins, Puckett, Rouse, Stewart of Milto, Wall.

Yeas 132. Nays 15. Not voting 27.

MONDAY, FEBRUARY 19, 1877.

671

So the motion to concur in the Senate amendment prevailed.

Mr. Peek moved to transmit to the Senate the bill regulating the inspection of fertilizers.
On this motion Mr. Moses called the yeas and nays, which call was not sustained.
The motion prevailed, and the bill was ordered transmitted.

Leave of absence was granted the Finance Committee. The next bill in order for a third reading, was By Mr. Sheffield of EarlyA bill to repeal the act incorporating Blakely. Withdrawn . .Oy Mr. BrewerA bill to repeal section 926 of the Code. Passed. Also, a bill to repeal section 523 of the Code. Passed by substitute. By Mr. Burch of ElbertA bill to prohibit the sale of intoxicating liquors at certain points of Elbert county. Amended and passed. By Mr. GreshamA bill to declare the Apalachee river a lawful fence. Passed. By Mr. BranchA bill to amend the act incorporating Greenesboro. Passed.
By Mr. StokelyA bill to require railroad companies to pay promptly for stock killed. , For this bill Mr. Stokely offered a substitute. Mr. Hood moved to indefinitely postpone the bill. Mr. Miller called the previous question.

672

JouRNAL oF THK HousE.

The call was sustained, and the main question ordered. The motion to indefinitely postpone did not prevail. The substitute offered by Mr. Stokely was then read. The report of the committee, which was adverse to the passage of the bill, was then disagreed to. Mr. Stanford called the previous question. The call was sustained, and the main question ordered. The substitute was agreed to. Mr. Hood moved to refer the bill and substitute to the Committee on Internal Improvements. The motion was ruled out of order.
Mr. Stewart of Spalding called the yeas and nays on the passage of the bill, which call was sustained, and the result was as follows :

Those voting in the affirmative are Messrs.-

Adams of Lee, Almon, Allrsd, Anderson, Bennett, Bloodworth, Born, Bunts, Rurch of Elbert, Carter, Case, Cox of .Bryan, Davison, Deloach, Duggar, Fletcher, Fort, Fortner, Freeman, Grant, Gray,

Harrell,

Reid of Morgan,

Hogan of Monroe, R ece,

Hog!Ln of Carroll, Robson,

Jordan of Hancock, Roper,

Key,

Scruggs,

Knox,

Shaw,

Mallette,

Smithof Oglethorpe,

McAfee,

Smith of Echols,

McDonald,

Smith of Walton,

Mcintyre,

Smith of Tatnall,

McRae,

Smith of Butts,

North,

Stewart of Taylor,

Owenby,

Stokely,

Peacock,

Strickland,

Peek,

Taylor,

Penn,

Thomas,

Perkins,

Walton of Burke,

Pickett of Rabun, Walton of Haralson,

Pickett of Gilmer, Wise,

Ragsdale,

Willingham,

Rawlins,

Wilcox.

MONDAY, FEBRUARY 19, 1877.

673

Those voting in the negative are Mesc;rs.-

Adams of Chatham, Gresham,

Paul,

Bacon of Liberty, Harden,

Phillips of C~trroll,

Benson,

Hillyer,

Polhill,

Black,

Hood,

Price,

Blue,

Humber,

Richardson,

Bowen,

Johnston.

Roberson,

Branch,

Jones of McDuffie, Rouse,

Callaway,

Kendrick,

Russell,

Candler,

Marshall,

Sikes,

Causey,

Matthews of Pike, Simms,

Colbert,

Matthews of Talbot, Stanford,

Colley,

Maund,

Ste<Vart of Spalding,

Davis of Bibb,

McGar,

Turner,

Davis of Houston, Miller,

Wade,

Dozier of Harris, Mobley,

Wilkes,

D .. zier of Quitman, Moore,

Whittle,

Faircloth,

Moses,

Wilson.

Frederick,

Ottis,

Williams,

Green,

Payne,

W olihin.

Those not voting are Messrs.-

Atwood, A,wtry, Brewer, Brockett, Brown of Upson, Brown of Fayette, Burch of 'l'homas, Carlton, Cloud, Cochran, Collins, Curker, Cox of Troup, Davis of Stewart,
43

Glover of Twiggs, Glover of Jones, Goodrum, Guyton, Harralson, Hollis, Hughes, Hutchins, James, Jones of Polk, Jordan of Pulaski, Kennon, Kimsey, Kirby,

Nortben, Pearson, Phillips of Cobb, Pilcher, Pope, Puckett, Reid of Putnam, Sheffield of Early, Sheffield of Miller, Stewart of Milton, Tumlin, Turnbull, Vick, Walsh,

674
Dudley, Duke, Evans, Fry,

JouRNAL OF THE HousE.

Lang, Leach, Murray,

Wall, Willis, Wooldridge.

Yeas, 63. Nays, 58. Not voting, 53.

So the bill, as amended by the substitute, was passed.

By Mr. BranchA bill to amend section 1631 of the Code. Passed, By Mr. HutchinsA bill to prescribe a stock law in the county of Gwinnett. Passed. By Mr. HutchinsA bill to repeal the act incorporating the town of Duluth. Passed. By Mr. PriceA bill to prohibit the <>ale of liquors at certain points in White county. Passed by substitute. By Mr. GrantA bill to prohibit the sale of liquors at certain points in Habersham county. Amended and passed. By Mr. ScruggsA bill to prohibit certain parties from selling liquors in the county of Glascock. Passed. By Mr. Jordan of PulaskiA bill to prohibit the sale of liquors in Pulaski county. Passed, by substitute.

MoNDAY, FEBRUARY 19, 1877.

675

By Mr. RouseA bill to repea.l the act preventing seining in the waters of Worth county. Senate amendment concurred in. By Mr. Jordan of PulaskiA bill to amend certain parts of the Code, so far as the same relate to the county of Pulaski. Passed. By Mr. WilcoxA bill to change the line between the counties of Mont gomery and Telfair. Amended and passed. By Mr. MarshallA bill to amend the act incorporating the city of Dawson. Passed. By Mr. Adams of ChathamA bill to amend section 4845 of the Code. Passed. Also, a bill to relieve building and loan associations from taxation. Laid on the table. By Mr. Cox of Troup-A bill for the relief ofW. C. Yancey. Withdrawn.
By Mr. Smith of WaltonA bill to amend the several acts incorporating the town of Monroe. Passed. By Mr. Adams ofChatlmmA bill to amend section 4875 of the Code. Passed.
By Mr. CarltonA bill to pay the expenses incurred in suppressing an attempted insurrection in the counties of Washington, Johnson and Burke.

676

JouRNAL OF THE HousE.

This being a bill for the appropriation of money, the House went into the Committee of the Whole for its consideration.

The commit(ee arose and reported the bill back, with a recommendation that it ''do not pass."
Mr. Simms called the previous question, the call was sustained, and the main question ordered on the report of the committee, which was adverse to the passage of the bill.
Mr. Robson called for the yeas and nays, which call was sustained, and the result was as follows;

Those voting in the affirmative are Messrs.-

Adams of Lee, Almon, Allred, Bacon of Liberty, Benson, Black, Blue, Bowen, Branch, Bunts, Carter, Case, Causey, Colbert, Colley, Cox of Troup, Davison, Davis of Houston, Dozier of Harris, Fort, Freeman, Grant, Gray,

Gresham,

Roberson,

Ha'llmond,

Roper,

Hillyer,

Shaw,

Hogan of Carroll, Sheffield of Early,

Hood,

Sikes,

Humber,

Simms,

Johnston,

Smith of Oglethorpe,

Jones of McDuffie, Smith of Echols,

Knox,

Smith of Walton,

Matthews of Pike, Smith of Butts,

Maund,

Stewart of Taylor,

Mcintyre,

Stewart of Spalding,

Mobley,

Stokely,

Moore,

Turner,

Moses,

Tum bull,

Ott is,

Wade,

Owenby,

Walton of Haralson,

Paul,

Wise,

Penn,

Wilkes,

Phillips of Carroll, Willis,

Ragsdale,

Wilson,

Reece,

Williams.

MoNDAY, FEBRUARY 19, 1877.

677

Those voting in the negative are Messrs.-

Bennett,

Key,

Bloodworth,

Mallette,

Callaway,

Marshall,

Cox of Bryan,

McAfee,

Davis of Bibb,

McDonald,

D.:Loach,

McGar,

Faircloth,

McRae,

Fortner,

Miller,

Frederick,

North,

Green,

Peek,

Harden,

Perkins,

H rrell,

Phillips of Cobb,

Harralson,

Pickett of Rabun,

Hutchins,

Pope,

Jordan of Hancock, Price,

Rawlins, Richardson, Robson, Rorse, Russell, Scruggs, Smith of Tatnall, Taylor, Thomas, Walton of Burke, Wal;h, Whittle, Wolihin, Wilcox.

Those not voting are Messrs.-

Adams of Chatham, Duke,

1\htthews of Talbot,

Anderson.

Dews,

Murray,

Atwood,

Evans,

Northen,

Awtry,

Fletcher,

Peacock,

Born,

Fry,

Payne,

Brewer,

Glover of Twiggs, Pearson,

Brockett,

Glover of Jones, Pickett of Gilmer,

Brown of Upson, Goodrum,

Pilcher,

Brown of Fayette, Guyton,

Polhill,

Burch of Thomas, Hollis,

Puckett,

Burch of Elbert, Hogan of Monroe, Reid of Morgan

Candler,

Hughes,

Reid of Putnam,

Carlton,

James,

Sheffield of Miller,

Cloud,

Jones of Polk,

Stanford,

Cochran,

Jordan of Pulask~ Stewart of Milton,

Collins,

Kendrick,

Strickland,

Corker,

Kennon,

Tumlin,

Davis of Stewart, Kimsey,

Vick,

Dozier of Quitman, Kirby,

Wall,

678

JouRNAL OF THE HouSE.

Dudley, Duggar,
Yeas 67. Nays 44. Not voting 63.

Lang, Leach,

Wooldridge, Willingham.

So the report of the committee was agreed to, and the bill was lost.

By Mr. Pickett of GilmerA bill to appropriate the net earnings of the convict labor to the Marietta and North Georgia Railroad. This being a bill for the appropriation of money, the House went into Committee of the Whole for its further consideration. The committee arose and reported the bill back, with the recommendation that it do pass as amended. Mr. Russell called the previous question. The call was sustained, and the main question ordered. The report of the committee was agreed to. Mr. Sikes called for the yeas and nays on the passage of the bill, which call was sustained, and the result was as follows:
Those voting in the affirmative are Messrs.-

Adams of Chatham, Harralson,

Ragsdale,

Adams of Lee,

Hogan of Carroll, Rawlins,

Allred, .

Humber,

Reese,

Anderson,

Hutchins,

Richardson,

Bacon of Liberty, Jordan of Hancock, Roberson,

Bennett,

Kendrick,

Robson,

Blue,

Kennon,

Rouse,

Bowen,

Key,

Russell,

Bunts,

Knox,

Smith of Butts,

Candler,

McAfee,

Stewart of Spalding,.

Carlton,

McDonald,

Stokely,

Cox of Bryan,

McRae,

Taylor,

MONDAY, FEBRUARY 19, 1877.

679

Davis of Bibb, Davis of Stewart, DeLoach, Duggar, Faircloth, Fletcher, Fortner, Freeman, Grant, Green, Harden, Harrell,

Moses, North, Ott is, Peacock, Payne, Perkins, Phillips of Carroll, Phillips of Cobb, Pickett of Rabun, Pickett of Gilmer, Pope, Price,

Thomas, Tumlin, Turnbull, Walton of Burke, Walsh, Wise, Wilkes, Whittle, Wilson, Wolihin, Wilcox.

Those voting in the negative are Messrs.-

Almon Benson, Black, Bloodworth, Branch, Colbert, Davison, Davis of Houstun, Dozier of Harris, Frederick, Hammond, Hillyer, Hood,
Yeas, 71. Nays, 37.

Johnston,

Roper,

Jones of McDuffie, Sheffield of Early,

Mallette,

Sikes,

Matthews of Pike, Smith of Oglethorpe,

Maund,

Smith of Walton,

Miller,

Smith of Tatnall,

Mobley,

Stanford,

Owenby,

Stewart of Taylor,

Paul,

Turner,

Penn,

Wade,

Pilcher,

Walton of Haralson,

Polhill,

Williams.

So the bill was passed,

On motion, the House adjourned to 9 o'clock to-morrow morning.

680

JouRNAL OF THE HousE.

ATLANTA, GEORGIA,
Tuesday, February 20, 1877.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found present.
,Mr. Roper, from .the Committee on Journals, reported the Journal of yesterday read, correct and approved.
The Journal was then read.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker: The Senate has passed the following bills of the House
of Representatives, to-wit: A bill to reduce the sheriff's bond of Wilcox county to
five thousand dollars. Also, a bill to create a Criminal Court for the county of
Bartow. Also, a bill to incorporate the Lawrenceville Branch Rail-
road Company. Also, a bill to incorporate the Georgia Cornwall Copper
Mining Company. Also, a bill to amend an act to amend the homestead
laws of this State. Also, a bill to amend section 4784 of Irwin's Revised
Code, and section 4886 of the Code of 1873. Also, a bill for the relief ofthe board of public education
of city of Americus. Also, a bill to regulate the per dz"em of grand and travers
jurors for the county of Oconee. Also, a bill to amend an act for the protection of the

TuESDAYr FEBRUARY 20, 1877.

681

farmers of Charlton county so as to embrace the county of Camden.
Also, a bill to abolish the County Court of Twiggs county.
Also, a bill to change the time of holding the Superior Courts of the county of Dodge.
Also, a bill to exempt from road duty the Hardwick Mounted Riflemen, a volunteer company in the county of Bryan.
Also, a bill to repeal an act to provide for the payment of certain insoivent costs in Clayton county.
Also, a bill to facilitate the collection of tax executions. Also, a bill to fix the per diem pay of jurors in the counties of Baker and Warren. Also, a bill to exempt licensed pilots from jury and road duty in the county of Camden. Also, a bill to amend the charter of the city of Athens. Also, a bill to amend the charter of the city of Dalton. Mr. Payne moved to reconsider the action of the House on the bill lost on yesterday to appropriate a certain part of the tax to be paid by Chatham county, for certain purposes, which motion prevailed, and the bill was reconsidered.
Mr. Hood moved to reconsider the bill passed yesterday to require railroad companies to pay promptly for stock killed by them, on which motion Mr. Cochran called the previous question.
The call was sustained, and the main question ordered. The motion to reconsider prevailed.

Mr. Black moved to reconsider the action of the House on yesterday, in passing the bill to appropriate the net earnings of the convict labor to the Marietta and North Georgia railroad.
Mr. Davis of Houston called the previous question, which call was not sustained.

682

JouRNAL OF THE HousE.

After further discussion, Mr. Allred called the previous question, which call was sustained, and the main question ordered.
On the motion to reconsider Mr. Black called the yeas and nays.
The call was sustained, and the result was as follows :

Those voting in the affirmative are Messrs.-

Almon, Black, Bloodworth, Brown of Upson, Burch of Thomas, Callaway, Case, Causey, Colbert,
Co~ley,
Davison, Davis of Houston, Evans, Freeman, Gresham, G1.over of Jones,

Hammond,

Penn,

Hollis,

Pilcher,

Hogan of Monroe, Polhill,

Hood,

Roper, ,..

Johnston,

Shaw,

Jones of McDuffie, Sikes,

Mallette,

Simms,

Matthews of Pike, Smith of Oglethorpe,

Matthews of Talbot, Smith of Walton,

Maund,

Stanford,

McG.u,

Stewart of Taylor,

Miller,

Turner,

Mobley,

Wade,

Moore,

Wall,

N orthen,

Williams.

Paul,

Those voting in the negative are Messrs.-

AdaLLs of Chatham, Fletcher,

Adams of Lee,

Fortner,

Allred,

Fry,

Anderson,

Grant,

Atwood,

Green,

Awtry,

Glover of Twiggs,

Bacon of Liberty, Guyton,

Bennett,

Harden,

Blue,

Harrell,

Born,

Harralson,

Bowen,

Hogan of Carroll,

Pickett of Gilmer, Pope, Price, Puckett, Ragsdale, Rawlins, Reid of Morgan, Reid of Putnam, Reece, Richardson, Roberson,

TUESDAY, FEBRUARY 20, 1877.

683

Branch,

Hughes,

Br<lwer,

Humber,

Brown of Fayette, Hutchins,

Bunts,

James,

Burch of Elbert, Jones of Polk,

Candler,

Kendrick,

Carlton,

Kennon,

Carter,

Key,

Cochran,

Knox,

Corker,

Lang,

Cox of Troup, Leach,

Cox of Bryan,

McAfee,

Davis of Bibb,

McDonald,

Davis of Stewart, McRae,

DeLoach,

North,

Dozier of Quitman, Ottis,

Dudley,

Payne,

Dugg.~or,

Perkins,

Duke,

Phillips of Cobb,

Dews

.Pickett of Rabun,

Faircloth,

Robson, Rouse, Russell, Sheffield of Early, Smith of Tatnall, Smith of Butts, Stewart of Spalding, Stokely, Thomas, Turnbull, Walton of Burke, Walsh, Wise, Wilkes, Willis, Whittle, Wooldridge. Wolihin, Willingham, Wilcox.

Those not voting are Messrs.-

Benson,

Kimsey,

Scrnc;rgs,

Brockett,

Kirby,

Sheffield of Miller,

Cloud,

Marshall,

Smith of Echols,

Collins,

Mcintyre,

Stewart of Milton,

Dozier of Harris, Moses,

Strickland,

Frederick,

Murray,

Taylor,

Gray,

Owenby,

Tumlin,

Goojru;:n,

Peacock,

Vick,

Hillyer,

Pearson,

Walton of Haralson,

Jordan of Hancock, Peek,

Wilson.

Jordan of Pulaski, Phillips of Carroll,

Yeas, 47. Nays, 94. Not voting, 33.

684

JouRNAL oF THE HousE.

So the motion to reconsider did not prevail.

The hour having arrived for the consideration of the special order, it being the consideration of the Governor's message on the sale of the Macon and Brunswick Railroad, it was, on motion, postponed, and made the special order for to-morrow at 11 o'clock.

Mr. Hood offered the following resolution, which was agreed to, to-wit:
A resolutionResolved, That the Committee on Public Buildings be requested to inquire into and report to the House the propriety of having the floor of the House of Representatives covered with matting, or other proper material, before the meeting of the next General Assembly.

The regular order, being the reading of House bills the third time, was taken up, and the following bills disposed of, to-wit:
By Mr. PayneA bill to provide for the drainage of Chatham county. Mr. Davis of Houston called the previous question. The call was sustained, and the main question ordered <>n the bill and pending amendments. The committee's report, as amended, was then agreed to, which report favored the passage of the bill. Mr. Thomas called the yeas and nays on the passage of the bill, which call was sustained, and the result was as follows:

Those voting in the affirmative are Messrs.-

Adams of Chatham, Frederick,

Adams of Lee, Green,

Allred,

Glover of Twiggs,

Anderson,

Guyton,

Atwood,

Harrell,

Phillips of Cobb, Pickett of Rabun, Pickett of Gilmer, l'ope, Price,

TuEsDAY, FEBRUARY 20, 1877.

685

Bacon of Liberty, Harralson,

Benson,

Hollis,

Blue,

Hogan of Monroe,

Bowen,

Hutchins,

Brewer,

Johnston,

Brown of Fayette, Kendrick,

Bunts,

Kennon,

Burch of Thomas, Key,

Carlton,

Knox,

Carter,

Lang,

Corker,

Mallette,

Cox of Bryan,

Marshall,

Davis of Bibb,

McAfee,

Deloach,

McDonald,

Dozier of Quitman, McGar,

Dews,

McRae,

Duggar,

Payne,

Fortner,

Perkins,

Puckett, Rawlins, Reid of Morgan, Reid of Putnam, Reece, Roberson, Robson, Rouse, Russell, Scruggs, Smith of Tatnall, Tumlin, Walton of Burke,: Walsh, Willis, Whittle, Wolihin, Wilcox,

Those voting nay are Messrs.-

Almon,

Hammond,

Richardson,

Bennett,

Hillyer,

Sheffield of Early,

Black,

Hogan of Carroll, Sikes,

Bloodworth,

Humber,

Simms,

Born,

James,

Smith of Oglethorpe,

Branch,

Jones of McDuffie, Smith of Walton,

Brown of Upson, Jordan of Hancock, Smith of Butts,

Burch of Elbert, Matthews of Pike, Stanford,

Callaway,

Matthews of Talbot,Stewart of Taylor,

Candler,

Maund,

Stewart of Spalding,

Case,

Mcintyre,

Stokely,

Colbert,

Mobley,

Taylor,

Davis~n,

North,

Thomas,

-Davis of Houston, N orthen,

Turner,

Davis of S ewart, Ottis,

Turnbull,

Dozier of Harris, Owenby,

Wall,

Evans,

Paul,

Wise,

Fletcher

Peek,

Wilkes,

686

JouRNAL oF THE HousE.

Grant, Gresham, Glover of Jones,

Penn, Pilcher, Ragsdale,

Willingham.

Those not voting are Messrs.-

Awtry, Brockett, Causey, Cloud, Cochran, Colley, Collins, Cox of Troup, Dudley, Dnke, Faircloth, Fort, Freeman, Fry, Gray,

Goodrum,

Phillips of Carroll,

Harden,

Pol hill,

Hood,

Roper,

Hughes,

Shaw,

Jones of Polk,

Sheffield of Miller,

Jordan of Pulaski, Smith of Echols,

Kimsey

Stewart of Milton,

Kirby,

Strickland,

Leach,

Vick,

Miller,

Wade,

Moore,

Walton of Hatalsl')n,

Moses,

Wilson,

Murray,

Wooldridge.

Peacock,

Williams,

Pearson,

Yeas, 69. Nays, 61. Not voting, 44.

So the bill was passed.

By Mr. StokelyA bill to require railroad companies t('l pay promptly for stock kiHed. Mr. Hood called the previous question on the bill, the call was sustained, and the main question ordered. The substitute was not agreed to, and the original bill was then withdrawn.

Mr. Tumlin, chairman pro tem. of the Committee on Penitentiary, submitted the following report:

TUESDAY, FEBRUARY 20, 1877.

687

Mr. Speaker:
The Committee on the Penitentiary, through sub-committees, have visited all the convict camps of the State. We have the satisfaction to report that the lessees have complied with the regulations of the convict system, and that we have discovered no cause which requires the action of the Legislature. At some camps we found that commendable provisions have been made for the welfare ofthe prisoners, more than are required by the law. At the Dade Coal Mines, we found the convicts under the charge of B. E. Wells, Esq., and Capt. W. Reese. We take pleasure in approving of the management of the convicts as followed by this company. The prisoners are supplied with an abundance of food, and with such changes of diet as their health requires; they are warmly clad, and compelted to be cleanly in their clothing; their quarters are comfortable, being well warmed in winter, and ventilated in summer, and are kept clean, and disinfectants used to prevent disease. The company's physician resides at the mine, and daily visits the hospital. V./e believe that the sanitary regulations of this company are very beneficial to the health of the prisoners, and that their policy in this respect is very commendable, being dictated by considerations of interest as well as humanity. There have been no deaths from sickness; two of the prisoners have been killed, one by the caving of a mine, and one being shot while attempting to escape. Our attention was called to the ca"ses of some convicts at this camp who we think are proper subjects for executive clemency, and we request for them the favorable consideration of his Excellency, the Governor; their names are G. D. Greer and W. B. Law.
The next largest convict camp in the State is that of Messrs. J. T. and W. D. Grant, in Jefferson county. Having heard some complaints against the management of this camp, we gave them a thorough investigation, and have great satisfaction in reporting them groundless and

688

JOURNAL OF THE HOUSE.

without foundation in fact. The quarters where the convicts are confined are remarkably well kept, and the convicts are well clad, and look as healthy as cou1d be expected. \Ve interrogated them carefully, and they all expressed themselves satisfied with their treatment. We visited the
convicts under lease to Messrs. T. J. Smith and Henry
Taylor, in \Vashington county, and found them well cared for and properly treated. \Ve have the eatisfaction to make a favorable report also of the condition of the convicts leased out in Dougherty county. This camp is a new one, and we believe the lessees are endeavoring to conduct it well. \Ve found the convicts employed near Augusta in good condition, and have nothing unfavorable to report against their management.
The convict camp on Champney's Island, in Mcintosh county, contains fifty-five prisoners, and our investigation proved that they. are not ill treated. vVe would recommend that hereafter no convicts should be sent to that camp from the upper part of the State, on account of the t:limate, which is only suitable for persons who are accustomed to it.
We are able to report well of the condition of the con-
victs employed in Fulton county by Messrs. J. T. and
W. D. Grant. We have, also, a favorable report to make of the tr<:!atment of the convicts at the Bartow Iron Works. We found them well fed and warmly clothed. The same must be said of the convict camps on the Marietta and North Georgia Railroad, in Gilmer and Fannin counties, and of the convicts leased to Thomas Alexander, in Greene and Gwinnett counties.
In visiting the different camps, our sympathies have been strongly appealed to in behalfofcertain indiviJuals. We have seen some prisoners who are so enfeebled by chronic diseases, that imprisonment is very aggravated punishment to them, and we think they might reasonably be made exceptions of. There are other cases, about the justice of

TUESDAY, FEBRUARY 20, 1877.

689

whose conviction there are grave doubts, and who deserve merciful consideration, on account of their good conduct while convicts. We have also found that, for the same offenses, the term of imprisonment has varied according to the Judicial Circuits in which the prisoners have been sentenced ; and the terms of some of the prisoner3 have appeared to us excessively long ; and we shall respectfully request that his Excellency the Governor will give all such cases due consideration, in order to exercise a reasonable clemency.
In conclusion, allow us to say, that we feel that in visiting these unfortunate beings in the various camps, we have discharged a duty which the State owes to them. It makes them conscious that the State is interested in their welfare, is anxious for their good and humane treatment, and will still be their protector.
THOMAS TuMLIN, Chairman pro tem.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
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 regulate the pay of jurors and bailiffs in the counties of Crawford and Pierce.
Also, a bill to fix the compensation of Tax Collectors and Tax Receivers for the county of Milton.
Also, a bill for the relief of G. W. Keith. Also, a bill to regulate the commissions of county treasurers in this State, so far as relates to the county of Bartow. Also, a bill to change the line between the counties of Madison and Clarke.
44

690

JouRNAL OF THE HousE.

The Senate has passed the following bills of the House of Representatives, to- wit:
A bill to repeal an act to prohibit the sale of spirituous liquors within three miles of the court house in Gwinnett county, and for other purposes.
Also, a bill to repeal an act to organize a Criminal Court in certain counties of this State, so far as the same relates to the county of Crawford.
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 rdates to the city of Rome, in Floyd county.
Also, a bill to repeal an act to create a County Court in certain counties in this State, so far as the same relates to Polk county.
Also, a bill to authorize and require the Ordinary of Fulton connty to take entire management of the Alms house in said county, and for other purposes.
Also, a bill to prescribe how lunatics, idiots, epileptics and demented inebriates may b.: admitted into and discharged from the lunatic asylum, and for other purposes.
Also, a bill to amend the charter of the town of Hamilton, in the coun,ty of Harris.
Also, a bill to authorize the Ordinary of the county of Mitchell to hire out prisoners confined in the jail of saiq county.
Also, a bill to amend an act to create a County Court in each county in this State, approved January 19, 1872, so as to make the clerk of the Superior Court ex-officio clerk of the County Court of Macon county, and for other p'!.lcposes.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report : llfr. Speaker:
The Committee on Enrollment report as duly enrolled,

TUESDAY, FEBRUAR~ 20, 1877.

691

and ready for the signature of the Speaker of the House of Representatives, the following resolution, to-wit;
A resolutionAuthorizing the Goverr.or to accept the surrender of the charter of the Marine Bank of Georgia.

On motion the rules were suspended, and Senate bills taken up for first reading, and the following bills so read, to-wit:

Leave of absence was granted to Judiciary Committee.

By Mr. McLeodA bill to incorporate the Herndon and Swainesboro Railroad Company. Referred to the Committee on Corporations. By Mr. HarrellA bill for the relief of Thomas Kyle. Referred to the Judiciary Committee. Also, a bill to alter and amend the road laws in the county of Fulton. Referred to Judiciary Committee. By Mr. McDanielA bill to incorporate the Covington Savings Bank. Referred to Committee on Banks. By Mr. CliftonA bill to empower the sheriff of Mcintosh county to execute Justice Court processes. Referred to Judiciary Committee. By Mr. Wilson-A bill to amend the game laws in the county of Bryan. Referred to the Judiciuy Committee. By Mr. FeltonA bill to amend section 54 of the Code. Referred to the Judiciary Committee. By Mr. Mattox-

692

JOURNAL OF THE HOUSE.

To abolish the County Court in the county of Glynn. Referred to Judiciary Committee. By Mr. McAfeeTo abolish the board of commissioners in the county of Forsyth. Referred to Judiciary Committee.

The following Senate bills were read the first time, and referred to Committee on Judiciary:
By Mr. WilsonTo amend the game laws of the county of Bryan. Also, a bill to encourage the building of mills, etc., on the Connesauga river. By Mr. ReeseTo protect all persons against illegal conduct by railroad employees. By Mr. BlackTo amend the first chapter, title 11, part 1, of the Code. By Mr. FreemanTo amend the County Court law in the county of !'labersham. By Mr. GrahamA bill to amend section 3, 907 of the Code. By Mr. HarrisonA bill to amend section 4,527 of the Code. By Mr. McLeodA bill to abolish the board of commissioners in the county of Emanuel. By Mr. MattoxA bill to prohibit the sale of liquors on St. Simon's Island. By Mr. Hopps-A bill to allow D. L. Hall to peddle without license. By Mr. BushA bill to amend the County Court law in the county of Calhoun.

TUESDAY, FEBRUARY 20, 1877.

693

Also, a bill to require the transfer of certain cases from

the Superior to the County Court of Miller county.

By Mr. Reese-

A bill to prohibit the sale of liquors at certain points in

Wilkes county.



By Mr. Brewo;ter-

A bill to provide for the taking of testimony in civil

caseS', etc.

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

By Mr. Mattox-

A bill to appoint an inspector of timber on St. Mary's

river.

By Mr. Brewster-

A bill to repeal an act granting certain powers to the

Ordinary of Troup county.

By Mr. Cabaniss-

A bill to amend section 1,034 of the Code.

By Mr. DuBose-

A bill to incorporate the Atlanta Constitution Publishing

Company.

By Mr. Bush-

A bill to abolish the County Court in the county of

Miller.

The following Senate bills were read the second time, and referred to the Committee on Corporations :
By Mr. StatenA bill to incorporate the Sterling and Jacksonville Railroad Company.
By Mr. CabanissA bill to incorporate the Macon Brewing Company.
By Mr. HowellA bill to incorporate the purchasers of the Georgia Western Railroad. By Mr. Asbury-

694

JOURNAL OF THE HOUSE.

A bill to incorporate the Chestatee and Yahoola Mining Company.
By Mr. Lester~
A bill to amend the act incorporating the Cherokee Copper Mining Company.

The following Senate bills were read the first time and referred to the Committee on Banks :
By Mr. HowellA bill to amend the charter of the State Savings Bank of Atlanta.

The following bills were read the first time, and referred to the Committee on Agriculture, to-wit:
By Mr. PerryA bill to regulate the sale of seed cotton in certain coun ties,

The following Senate bill was read the first time and referred to the Committee on Lunatic Asylum:
By Mr. O'DanielA bill to require Tax Receivers to return the number of all lunatics, epileptics, etc.

The following bill:> were read the first time, and referred to the Committee on Finance, to-wit;
By Mr. PerryA bill to regulate the coiP.pensation of Tax Receiver and Tax Collector, in the county of Calhoun. By Mr. GodfreyA bill to aHow the authorities of Fort Gaines to levy a certain Tax. By Mr. McAfeeA bill to reduce the salaries of Tax Receiver, Tax Collector, and school commissioner for the county of Forsyth.

TUESDAY, FEBRUARY 20, 1877.

695

By Mr. FeltonA bill to allow the commissioners of Macon county to compromise certain claims against the county.

The following Senate bills were read the first time and referred to the Committee on Internal Improvements, to-wit:
By Mr. CliftonA bill to exempt certain persons from road duty in the county of Liberty. By Mr. LesterA bill to amend the laws in reference to the removal of obstructions from private ways. By Mr. WilsonA bill to repeal the act regulating the sale of liquors in certain counties.

The following Senate bill was read the first time and ordered engrossed:
By Mr. FeltonA bill to change the time of holding the Ordinary's Court in the county of Schley.

The following Senate bills were read the second time, to-wit:
By Mr. CuretonA bill to extend the jurisdiction of Justices of the Peace, etc., in certain counties. By Mr. WessalowskiA bill to regulate practice m the Supreme Court of Georgia. By Mr. ReeseA bill to amend section 4, 712 of the Code. By Mr. BlackA ,bill to prevent the sale of domestic wines by manufacturers thereof.

696

JouRNAL OF THE HousE.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:
llfr. Speaker : The Committee on Enrollment report as duly enrolled,
and ready for the signature of the Speaker of the House of Representatives, the following acts, to-wit:
An act to incorporate the town of The Rock, in the county of Upson, and to confer certain powers upon the town council of said town.
Also, an act to change the county of Echols from the Brunswick Judicial Circuit to the Southern Circuit, aPd for other purposes.
Also, an act to prohibit the sale of intoxicating liquors, or alcoholic bitters, in quantities less th \n one gallon, within f(mr miles of Villa Ricca, and Old Bethel and Pleasant Grove churches, in the sixth district in Carroll county, except in certain cases herein mentioned.
Also, an act to create a board of commissioners of roads and revenues for the county of Calhoun, and to define the powers and duties thereof.
Also, an act to require the Ordinary of Fulton county to furnish chambers for the Judge of the Superiour Court of said county.
Also, an act to repeal an act to provide for a board of commissioners of roads and revenue for the county of Banks, to define their duties, and for other purposes.
Also, an act to provide for the adjustment and payment of teachers' claims for the year 1871, in the counties of Gilmer, Whitfield, Butts, Union and Randolph.
Also, an act to incorporate the Augusta and Knoxville Railroad Company.
Also, an act to prohibit the sale of intoxicating liquors within two miles of Red Oak Church. in the county of Pike, and for other purposes.
Also. an act to repeal an act fix the compensation of the Tax Co:lector, Tax Receiver, treasurer, and per diem pay

TUESDAY, FEBRUARY 20, 1877.

697

of grand jurors, in the county of Washington, approved February 28, 1876.
Also, an act to incorporate the Dade Iron Manufacturing Company.
Also, an act to amend the charter of the town of Valdosta.
Also, an act to repeal an act to compensate the grand and petit jurors of Washington, Lincoln, Screven, Gordon and Hall counties, so far as the same relates to the county of Lincoln.
Also, an act to authorize the City Council of Fort Gaines to rebuild the bridge across the Chattahoochee River at Fort Gaines, to issue bonds for that purpose, as here in dicated, to submit to the freehold voters of said city the question of the issue of bonds to aid in rebuilding said bridge, and to levy a tax for payment of the same.
Also, an act to change the time of holding the Superior Courts of the counties of Effingham, Forsyth and Cherokee.
Also, an act to amend an act entitled an act to incorporate the town of Spalding, in the county of Macon, and to confer upon the citizens of said town certain powers and privileges herein contained, approved March 16th, 1869.
Also, an act to change the place of sheriff's sales in the county of McDuffie.
Also, an act to repeal an act to prevent the sale of spirituous liquors in and near the town of Kingston, in Bartow county, and to repeal an act to regulat~ the sale, and for other purposes.
Also, an act to reduce the sheriff's bond of the county of Webster.
Also, an act to pay John M. Sopp, late sheriff of Chattahoochee county, insolvent cost.
Also, an act to provide for the appointment of school trustees for the subdistricts of the counties, and to prescribe the duties of the same.

698

JouRN~L OF THE HousE.

Also, an act to provide a form of government for the Georgia Institution for the Education of the Deaf and Dumb, and for other purposes.
Also, an act to organize a County Criminal Court for the county of Washington, and for other purposes.
Also, an act to amend the charter of the town of Perry. Also, an act to incorporate the Augusta Savings Institution. Also, an act to incorporate the Georgia Chemical Works. Also, an act to repeal an act to prevent fishing in the waters of Worth county with seines, gill-nets or otherwise, except as hereinafter provided. Also, an act for the relief of the board of public education of the city of Americus.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

Mr. SpeakeP':
The Senate has passed the following bills of the I:Iouse of Representatives, to-wit:
A bill to effect the more speedy service of mesne process at law, or in equity in this State, where the sheriff is a party, or named as defendant, or when he is sick and unable to act and has no deputy.
Also, a bill to amend an act to provide a county board of commissioners for the county of Mitchell.
Also, a bill to change the lines between the counties of Fulton and Clayton.
Also, a hill to amend an act to change the age of admission of deaf and dumb children to the privileges of the Georgia Institution for the Deaf and Dumb.
Also, a bill to make the Tax Collectors of the counties of Mitchell and Colquitt ex-officio sheriffs, each in his own county.

TuESDAY, FEBRUARY. 20, 1877.

699

Also, a bill to establish a system of public schools for the county of Rabun.
Also, a bill to amend an act to prevent the killing of deer, partridges and wild turkeys, by shooting, trapping and other means, in the counties of Muscogee, Lincoln and Baldwin.
The Senate has passed the following bill of the House of Representatives, and I am directed to transmit the same forthwith, to wit:
A bill to provide for a vote of the people of Baker cot:nty on the question of the removal of the court-house in said county, and to make provision for said removal.
On motion of Mr. Burch, the House adjourned to 3 o'clock P.M.

AFTERNOON SESSION.
3 O'CLOCK. The House reassembled, and was called to order by the Speaker.
The roll call was dispensed with.
Mr. Davis of Stewart was granted leave of absence.
On motion, House bill No. 434 was taken from the table, to-wit:
A bill to repeal an act to regulate the sale of farm pro ducts.
For this bill Mr. Adams of Lee offered a substitute, which was read.
The adverse report of the committee was agreed to, and and the bill was lost.

700

JOURNAL OF THE HOUSE.

Mr. Price, chairman of the Committee on Education, made the following report, to-wit :
Mr. Speaker: The Committee on Education have had under considera-
tion a bill, to he entitled an act to repeal an act entitled an act to equitably adjust the claims of the colored race for a portion of the proceeds of the agricultural land scrip, and to proviJ...: for a normal school for colored pupils, and recommend that the bill do not pass.
W. P. PRICE, Chairman.

Mr. Colley of Wilkes, chairman of the Committee on Military Affairs, submitted the following report :
Mr. Speaker:
The Committee on Military Affairs have had under consideration the following bill, which they recommend do pass, to-wit :
A bill to be entitled an act to exempt members of the
Thomasville Guards from the performance of jury duty. CoLLEY, Chairman.

On motion of Mr. Stewart of Spalding, the House took up Senate bills for a third reading, and the following bills were read and disposed of:
By Mr. RutherfordA bill to repeal the act providing for the payment of certain insolvent costs in the Macon Circuit. Passed. By Mr. WessalowskiA bill to change the time of holding the Superior Courts in the counties of Baker, Calhoun and Lee. Amended and passed. By :i\'Ir. ReeseA bill to provide for the sale of the stock of incorporated companies. Passed.

TuESDAY, FEBRUARY 20, 1877.

'iOl

Also, a bill to amend section 3, 297 of the Code. Passed. By Mr. HowellA bill to authorize the Castle Rock Coal Company to reduce its stock. Passed. By Mr. RagsdaleA bill to consolidate the offices of clerk of the Superior Court and treasurer of Paulding county. Passed. By Mr. McLeodA bill to prohibit the sale of liquors near Swainesboro, in Emanuel county. Passed as amended. By Mr. AsburyA bill to repeal the act allowing the Judge of the West ern Circuit to fix the pay of certain officers. Amended and passed. By Mr. BryanA bill to fix the pay of jurors in the county of Henry_. Passed. By Mr. ReeseA bill to prohibit the sale of intoxicating liquors near Danburg, in the county of Wilkes. Passed. Also, a bill to amend the act authorizing the lease of the penitentiary convicts. Passed.

Mr. James, Chairman of Committee on Banks, submitted the following report :
Mr. Speaker: The Committee on Banks have had under consideration
the following Senate bills, which they recommend do pass, to-wit:

702

JouRNAL oF THE HousE.

A bill to incorporate the Covington Savings Bank, in Newton county.
Also, a bill to amend the charter of the State Savings Bank of Atlanta.
]. H. ]AMES, Chairman. By Mr. BryanA bill to amend the act organizing a County Court in the counties of Henry and DeKalb. Passed. By Mr. CliftopA bill to prevent obstructions in the waters of Tatnall county. Passed. By Mr. RagsdaleA bill to fix the pay ofjurors and constables in the counties of Paulding and Haralson. Amended and passed. By Mr. Felton-
Abill to require school commissioners to mak~ reports.
Passed.

The following message was received from tpe Senate through Mr. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has passed the following bills ofthe House of Representatives, to-wit:
A bill to establish a City Court for the city of Gaines ville.
Also, a bill to empower the board of education of the county of Jefferson to submit the question of a tax for school purpases to the free-holders of the county, or ofany sub-district of the county.
Also, a bill to fix the pay ofTax,Receiver and Collector of Laurens county, and to consolidate the offices of county treasurer and clerk of the Superior Court of said county.

TUESDAY, FEBRUARY 20, 1877.

703

Also, a bill to repeal an act t0 regulate the sale of spirituous liquors in certain counties in this State, so far as the same applies to the county of Polk.
Also, a bill to refund to theNew England Mutual Life Insurance Company of Boston, Massachusetts, taxes collected by mistake, and for other purposes.
Also, a bill to prohibit the sale of spiritu0us liquors within three (3) miles of the village of Mount Zion, in the county of Hancock.

By Mr. WilsonA bill to allow a nolle prosequ to be entered in certain cases. Passed. By Mr. ChastainA bill to repeal the act consolidating the cffices of Tax Receivers and Collectors in the county of Gilmer. Passed. By Mr. Brewster- , A bill to amend section 3514 of the Code. Passsed. By Mr. BullochA bill to amend the act incorporating Danielsville. Passed.

Leave was granted the Judiciary Committee.

Mr. Paul, chairman ofthe Committee on Lunatic Asylum, submitted the following report, to-wit:
.Jlfr. Speaker: The Committee on Lunatic Asylum have had under con-
sideration the following bill, which they report back with the recommendation that it do pass, to-wit:
A bill to authorize the Comptroller General to require Tax Receivers of this State to make return of all lunatics, epileptics, and idiots in their respective counties.
0. H. PAUL, Chairman.

704

JOURNAL OF THE HoUSE.

By Mr. EnglandA bill to fix the compensation of county officers of Towns, Union and Rabun. Passed. By Mr. WilcoxA bill to prohibit the sale of liquors in certain bounds in the county of Irwin. Passed. Hy Mr. McLeodA bill to apportion road hands in Johnson and Emanuel counties. Passed. By Mr. StatenA bill to prohibit the sale of liquors near Statenville, in the county of Echols. Passed.

Mr. Frederick, chairman pro tem. of the Committee on Agriculture, submits the following report:
Mr. Speaker:
The Committee on Agriculture have had under consideration the following bill, which they recommend do pass as amended, to-wit:
A bill to regulate the traffic in seed cotton in the counties of Decatur and Randolph, apP.roved 26th February, 1876, so as to extend the provisions of said act to the counties of Baker, Early and Calhoun.
FREDERICK, Chairman pro tem.

By Mr. O'DanielA bill to relieve the securities of Henry Martin. Passed. By Mr. McDanielA bill to prescribe the mode of making tax returns by incorporated companies. Passed.

TUESDAY, FEBRUARY 20, 1877.

705

By Mr. BlackA bill to amend section 598 of the Corle. Passed.

By Mr. CabanissA bill to amend section 245 of the Code. Passed.

By Mr. LesterA, bill to compel the discontinuance of a Lazaretto at Thunderbolt, in the county of Chatham. Passed.

By Mr. DuBoseA bill to authorize ~the Dade Coal Company to call in certain bonds. Passed.

By Mr. Reese-

A bill to amend the act providing for the payment of

certain insolvent costs in the Northern Circuit.

Passed.

Also, a bill to provide for a fixed compensation for the

Comptroller General.

Passed.

By Mr. Reed-

A bill to prohibit the sale of liquors in Wilcox county.

Passed.

By Mr. Brewster-

A bill to amend section 375 of the Code.

Passed.

By Mr. Lester-

A bill to revive and continue in force the act incorpora~

tiilg the Anderson and Barnard Railroad Company.

Passed as amended.

By Mr. McDaniel-

A bill to change the time of commencing the fall term

of the Supreme Court, and for other purposes.

Passed.

'IIi

45

706

JouRNAL OF THE HousE.

By Mr. NewbernA bill to authorize Malcom White to peddle without license. Lost. By Mr. CabanissA bill to amend section 2,533 of the Code. Passed. By Mr. EnglandA bill to alter and amend the act incorporating' the Gainesville and Blairsville Railroad Company. Passed. By Mr. AsburyA bill to prevent furnishing of intoxicating liquors on election days. On this bill Mr. Almon called the previous questivn. Mr. Allred moved to indefinitely postpone the bill. On this motion Mr. Walsh called the previous question, which call was sustained, and the main question ordered. On the motion to indefinitely postpone, Mr. Evans called the yeas and nays, which call was sustained, and the result was as follows:

Those voting in the affirmative are Messrs.-

Adams of Chatham, Harden,

Almon,

Harralson,

Allrsd,

Hollis,

Atwood,

Hogan of Monroe,

Benson,

Hogan of Carroli,

Bennett,

Hutchins,

.Born,

Johnston,

Brewer,

Jones of McDuffie,

Brown of Upson, Kendrick,

Carlton,

Kennon,

C<~.usey,

Knox,

Colbert,

Lang,

. ta.vison,

Marshall,

Perkins, Pickett of Rabun, Pickett. of Gilmer, Puckett, Reid of Morgan, Reid of Putnam, Rouse, Russell, Scruggs, Sikes, Smith of Oglethorpe, Smith of Walton, Smith of Butts,

TUESDAY, FEBRUARY 20, 1877.

707

Dozier of Quitman, Matthews of Pike, Stewart of Taylor,

Duggar,

Matthews of Talbot, Taylor,

Fletcher,

Maund,

Turnbull,

Fort,

McAfee,

Walsh.

Frederick,

Mdntvre,

Wall,

Grant,

McGar,

Willis,

Green,

McRae,

Wilson,

Gresham,

.North,

Wooldridge,

Glover of Jones, Paul,

Wolihin.

Those voting in the negative are Messrs.-

Adams of Lee, Awtry, Bacon of Liberty, Bloodworth, Blue, Bowen, Bunts, Burch of Thomas, Burch of Elbert, Case, Cloud, Davis of Bibb, DeLoach, Dews, Dudley, Evans,

Freeman,

Price,

Gray,

Raw liP-s,

Glover of Twiggs, Reece,

Guyton,

Richardson,

Harrell,

Roberson,

Humber,

Roper,

Jones of Polk,

Smith of Tatnail,

Leach,

Stokely,

MaEette,

Strickland,

McDonald,

Thomas,

Northen,

Tumlin,

Owenby,

Walton of Burke,:

Peek,

Walton of Haralson,

Penn,

Williams,

Phillips of Carroll, Willingham,

Pilcher,

Wilcox.

Those not voting are Messrs.-

Anderson, Black, Branch, Brockett, Brown of Fayette, Callaway, Candler, Carter,

Fry,

Pearson,

'Good:um,

Phillips of Cobb,

Hammond,

Polhill,

Hillyer,

Pope,

Hood,

Ragsdale,

Hughes,

Robson,

James,

Sh"~.w,

Jordan of Hancock, Sheffield of Early,

708

JOURNAL OF THE HOUSE.

Cochran, Colley, Collins, Corker, Cvx of Troup, Cox of Bryan, Davis of Houston, Da.ns of Stewart, Dozier of Ranis, Duke, Faircloth, Fortner,

Jordan of Pulaski, Key, Kimsey, Kirby, Miller, Mobley, Moore, Moses, Murray, Ottis, Peacock, Payne,

S3effield of Miller,

Simms,

.

Smith of Echols,

Stanford,

Stewart of Milton,

Stewart of Spalding,

Turner,

Vi..:k,

Wade,

Wise,

Wilkes,

Whittle.

Yeas, 66. Nays, 48. Not voting, 60. So the motion to indefinitely postpone prevailed.

By Mr. HowellA bill to incorporate the Georgia Chemical and Mining Company. Amended and passed. Also, a bill to amend the charter of the Scofield Rolling Mill Company. Passed. By Mr. ShumakeA bill to amend the act to regulate public instruction in the county of Richmond. Passed. By Mr. WilcoxA bill to amend section 1099 of the Code. Passed.

The following message was received from the Senate through Mr. Harris the Secretary thereof,

Mr. Speaker:

TUESDAY, FEBRUARY 20, 1877.

709

The Senate has passed the following bill of the House of Representatives, to-wit:
A bill to repeal all laws and amendments to laws hereto_ fore passed, incorporating the city of Gainesville, to incor_ porate said city, prescribe its limit;, and forotherpurposes.
By Mr. McLeodA bill to amend section 1, 563 of the Code. Passed. By Mr. BrownA bill to amend the act for the relief of maimed and indigent soldiers. Passed. By Mr. MattoxA bill to amend the game laws of the counties of Quitman and .Camden. Passed. By Mr. BushA bill to amend the act creating the board of commissioners in the county of Decatur. Passed. By Mr. BrewsterA btll to amend the act incorporating the town of Grantville. Passed. By Mr. McLeodA bill to repeal the act authorizing the Justices of the Peace of Emanuel county to act as road commissioners. Passed. By Mr. MattoxA bill to require the registration of voters in the county of Glynn. Recommitted to the Judiciary Committee. By Mr. BrewsterA bill to repeal the act regulating the sale of liquors in Newnan. Passed.

710

JOURNAL OF THE HoUSE.

The following message was received from the Senate, through Mr. Harris, the secretary thereof:
Mr. Speaker:
The Senate has concurred in the amendments of the House of Representatives to the following bills of the Senate, to-wit:
A bill to fix the per diem pay of the grand and traverse jurors and constables in the counties of Paulding and Haralson.
Also, a bill to provide .for the sale of railroad and bank stocks of incorporated companies.
Also, a bill to prohibit the sale of spirituous liquors within three miles of the Masonic Academy, in the town of Swainsboro, in Emanuel county.
Also, a bill to change the time of holding the Superior C0urts in the counties of Baker, Calhoun, Decatur and Lee.
Also, a bill to repeal an act to authorize the Judge of the Superior Courts of the Western Circuit to fix the compensation of Ordinaries, Clerks of Superior Courts, and sheriffs, of the following counties, to-wit: \Vhite, Rabun and Hall, so far as the same applies to the county of White.
By Mr. O'DanielA bill to amend the act to estahlish the board of commissioners in the county of Twiggs. Passed. By Mr. ShewmakeA bill to incorporate the Georgia Chemical Works. Passed. By Mr. FreemanA bill to incorporate the Mount Airy Savings Bank. This being a bill requiring the call of the yeas and nays on its passage, the same was had, and the result was as follows;

TUESDAY, FEBRUARY 20, 1877.

711

Those voting in the affirmative are Messrs.-

Adams of Chatham, Guyton,

Peek,

Awtry,

Hammond,

Phillips of Carroll,

Bacon of Liberty, Harralson,

Phillips of Cobb,

Bloodworth,

Hillyer,

Pickett of Rabun,

Blue,

Hogan of Monroe, Pickett of Gilmer,

Bowen,

Hogan of Carroll, Pilcher,

Branca,

Hood,

Pope,

Brown of Upson, Humber,

Price,

Bunts,

Hutchins,

Puckett,

Candler,

James,

Ragsdale,

Carlton,

Johnston,

Rawlins,

Carter,

Jones of McDuffie, R~ece,

Case,

Kendrick,

Roper,

Causey,

Kennon,

Rouse,

Cloud,

Key,

Russell,

Colbert,

Kimsey,

Shaw,

Colley,

Knox,

Sheffield of Early,

Cox of Bryan,

Lang,

Sikes,

Davison,

Mallette,

Smith of Oglethorpe,

Davis of Bibb,

Marshall,

Smith of Walton,

Dozier of Harris, Matthews of Pike, Smith of Butts,

Dozier of Quitman, Maund,

Stanford,

Duggar,

McAfee,

Stewart of Taylor,

Evans,

McDonald,

Strickland,

Fletcher,

Mcintyre,

Taylor,

Frederick,

McGar,

Thomas,

Fry,

Mobley,

Walton of Burke,

Grant,

North,

Walton of Haralson,

Gray,

Northen,

Wolihin,

Green,

Owenby,

Willingham

Gresham,

Payne,

Wilcox.

Glover of Jones, Paul,

Those voting in the negative are Messrs. Bennett and Stokely.

712

JouRNAL oF THE HousE.

Those not voting are Messrs.-

Adams of Lee, Almon, Allred, Anderson, Atwood, Benson, Black, Born, Brewer, Brockett, Brown of Fayette, Burch of Thomas, Burch of Elbert, Callaway, Cochran, Corker, Cox of Troup, Collins, Davis of Houston, Davis of Stewart, DeLoach, Dudley, Dukt, Faircloth, Fort, Fortn<!r,
Ayes, 95. Nays, 2. Not voting, 77.

Freeman,

Reid of Putnam,

Glover of Twiggs, Richardson,

Goodrum,

Roberson,_

Harden,

Robson,

Hughes,

Scruggs,

Harrell,

Sheffield of Miller,

Hollis,

Simms,

Hughes,

Smith of Echols,

Jones of Polk,

Smith of Tatnall,

Jordan of Hancock, Stewart of Milton,

Jordan of Pu!aski, Stewart of Spalding,

Kirby,

Tumlin,

Leach,

Turner,

Matthews of Talbot, Turnbull,

McRae,

Vick,

Miller,

Wade,

Moore,

Walsh,

Moses,

Wall,

Murray,

Wise,

Ott is,

Wilkes,

Peacock,

Willis,

Pearson,

Whittle,

Penn,

Wilson,

Perkins,

Wooldridge,

Polhill,

Williams.

Reid of Mprgan,

So the bill was passed by the requisite constitutional majority.

By Mr. CabanissA bill to amend the act incorporating the Capital Bank of Macon.

TUESDAY, FEBRUARY 20, 1877.

713

This being a bill requiring the call of the yeas and nays, the same was had and the result was as follows:

Those voting in the affirmative are Messrs.-

Adams of Chatham, Hillyer,

Pilcher,

Adams of L<':e,

Hogan of Monroe, Polhill,

Almon,

Hogan of Carroll, Pope,

Atwood,

Hood,

Pr.ce,

Awtry,

Humber,

Puckett,

Bacon of Liberty, Hutchins,

Ragsdale,

Blood worth,

James,

Rawlins,

Blue,

Johnston,

Reect:,

Bowen,

Jones of Me Duffie, Richardson,

Branch,

Kendrick,

Roper,

Brown of Upson, Kennon,

Rouse,

Bunts,

Key,

Russell,

Candler,

Knox,

Shaw,

Carlton,

Lang,

Sheffield of Early,

Carter,

Mallette,

Sikes,

Case,

Marshall,

Simms,

Cloud,

Matthews of Pike, Smith of Oglethorpe,

Cox of Bryan,

Matthews of Talbot, Smith of Walton,

Davison,

Maund,

Smith of Butts,

Davis of Bibb,

McAfee,

Stanford,

Davis of HoustOn, McDonald,

Stewart of Taylor,

Duggar,

Mcintyre,

Stewart of Spalding,

Evans,

McGar,

Stokely,

Fletcher,

McRae,

Strickland,

Frederick,

Mobley,

Taylor,

Freeman,

Owenby,

Thomas,

Fry,

Paul,

Walton of Haralson,

Grant,

Perkins,

Wall,

Gray,

Phillip~ of Carroll, Wolihin,

Green,

Phillips of Cobb, WillinghJm,

Gresham,

Pickett of Rabun, Wilcox.

Harralson,

Pickett of Gilmer,

Voting in the negative, Mr. Bennett.

714

JOURNAL OF THE HOUSE,

Those not voting are Messrs.-

Allred,

Fort,

Pearson,

Anderson,

Fortner,

Peek,

Benson,

Glover of Twiggs, Penn,

Black,

Glover of Jones, Reid of Morgan,

Born,

Goodrum,

Reid of Putn..tm,

Brewer,

Guyton,

Roberson,

Brockett,

Hammond,

Robson,

Brown of Fayette, Harden,

Scrug12:s,

Burch of Thomas, Harrell,

Sheffield of Miller,

Burch of Elbert, Hollis,

Smith of Echols,

Callaway,

Hughes,

Smith of Tatnall,

Causey,

Jones of Polk,

Stewart of Miltom,

Cochran,

Jordan of Hancock, Tumlin,

Colbert,

Jordan of Pulaski, Turner,

Colley,

Kimsey,

Turnbull,

Col:ins,

Kirby,

Vick,

Corker,

Leach,

Wade,

Cox of Troup,

Miller,

Walton of Burke,

Davis of Stewart, Moore,

Walsh,

DeLoach,

Moses,

Wise,

Dews,

Murray,

Wilkes,

Dolier of Harris, North,

Willis,

Dozier of Quitman, Northen,

Whittle,

Dudley,

O t t is,

Wilson,

Duke,

Peacock,

Wooldridge,

Faircloth,

Payne,

Williams

Yeas 95.
Nays 1.
Not voting 78.

So the bill was passed by the requisite constitutional majority.

Mr. Stewart of Spalding, chairman of the Committee of the Judiciary, submitted the following report:

TUESDAY, FEBRUARY 20, 1877.

715

Mr. Speaker:
The Committee on the Judiciary have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to be entitled an act to protect the people of this State, and all travelers and shippers of merchandise from loss and suffering and inconvenience by the illegal conduct of employes of railroad companies.
Also, a bill to amend chapter I, title XI, part I of the Code of 1873 ii;l reference to the duties of Public Printer, and also to repeal sections 1,041, 1,042, 1,043, 1,044 and 1,045, constituting the whole of chapter III, title XI, part I of the Code, 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 the road laws of this State, so far as relates to the county of Fulton, approved Februay 28th, 1876.
Also, a bill to be entitled an act to repeal an act to ere ate a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19th, 1872, so far as the same relates to the county of Glynn.
Also, a bill to be entitled an act to encourage the building of mills and other machinery on the Connesauga river near the bridge leading from Spring Place to Dalton, Ga., and to authorize Smith Tredwell, of the county of Murray, to=erect dams at said point, and for other purposes.
Also, a bill to be entitled an act to repeal 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, approved February 26th, 1875, so far as the same applies to Whitfield, Gordon and Murray counties.
Also, a bill to be entitled an act to authorize and require

716

JouRNAL oF THE HousE.

the registration of all voters .in the county of Glynn, of this State, and for other purposes therein mentioned.
Also, a bill to be entitled an act to repeal an act approved March' 4th, 1875, entitled an act to constitute a county board of commissioners of roads and revenues in the county of Forsyth, and to provide one commissioner in said county with certain powers and duties, and to confer said powers and duties on the Ordinary of said county,
Also, a bill to be entitled an act to ame?d section 1,034 of the Code of Georgia.
Also, a bill to be entitled an act to repeal section first, second and fourth of an act entitled an act to authorize and empower the Ordinary of the county of Troup to have
and take jurisdiction of the last will and testament of Jo-
ieph L. Banning, deceased, late of Meriwether county, and generally to have and take jurisdiction of the administration of the estate of said deceased as fully under the
Constitution and laws of this State as if the said J. L.
Banning resided in the county of Troup at the time of his death, and for other purposes, approved February 23d, 1876, and also to provide for the returning of the inventory and appraisement of the estate of said deceased, and for other purposes.
Also, a bill to be entitled an act to amend an act entitled an act to create and organize a County Court for the county of Hambersham, in this State, approved February 28th, 1876, and to provide for a county solicitor for said court, and prescribe his fees.
Also, a bill to be entitled an act to repeal an act entitled 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, so far as the same relates to the county of Miller, approved February 15, 1876.
Also, a bill to be entitled an act to amend an act entitled

TuESDAY, FEBRUARY 20, 1877.

717

an act to amend an act entitled an act to organize a County Court in the counties of Calhoun, et al., to define their jurisdiction, and for other purposes, so as to provide for a county solicitor for the county of Calhoun, and to define his duties, approved February 26, 1876, so as to make it apply to the county of Miller.
Also, a bill to be entitled an act to repeal an act entitled an act to create a board of commissioners of roads and revenues for the county of Emanuel, and to define the powers and duties of the same, approved March 2, 1874.
Also, a bill to be entitled an act to prohibit the sale of intoxicating liquors of any kind upon the island of Saint Simon's, in the county of Glynn.
Also, a bill to be entitled an act to ar;...:nd an act for the protection of deer, partridges and wild turkeys in the counties of Chatham, et al., to make the killing and trapping of the same in said counties a penal offence during certain seasons of the year, and for other purposes, so as to include the county of Whitfield, in said recited act.
Also, a bill to be entitled an act to create and appoint an inspector or timber for Trader's Hill, on St. Mary's river, in this State.
Also, a bill to be entitled an act to prohibit the sale of spirituous or intoxicating liquors within three miles from Sardis and Beulah Churches, in Wilkes county, Georgia.
Also, a bill to be entitled an act for the relief of Thomas Kyle, of the county of Fulton, as surety on certain appearance bonds.

Your 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 amend section 54 of the Code of Georgia, in relation to the arrest and surrender of fugitives from justice.
Also, a bill to be entitled an act to authorize and empower the sheriff of Mcintosh county to execute any Jus-

718

JouRNAL oF THE HousE.

tice Court process, and to do all other acts that a constable is empowered to do, and to receive constables' cost for the same.
Also, a bill to be entitled an act to authorize and allow Berrien L. Hall, of the county of Wayne, to peddle without license in the counties of Wayne, Pierce and Appling, in this State.
Also, a bill to be entitled an act to amend section 4, 527 of the Revised Code of 1873.
Also, a bill to be entitled an act to amend section 3, 907 of the Revised Code of 1873.
Also, a bill to be entitled an act to require the Judge of the Superior Court of the county of Miller to transfer all criminal cases below a felony pending in said Superior Court, now and hereafeer, to the County Court of said county.
Also, a bill to be entitled an act to provide for the taking of testimony in civil cases, to appoint commissioners to take testimony, etc.

Your committee have also had under considerationA bill to be entitled an act to amend section second of article second of the Constitution of the State of Georgia, so far as it relates to the residence of voters, to which they offer an amendment, and ask that the same, as amended, do pass.

Your committee have also had under considerationA bill to be entitled an act to authorize and direct the Governor of the State of Georgia to place the endorsement of the guarantee of the State of Georgia upon the first mortgage bonds of the Northeastern Railroad Company to the amount of two hundred and sixty thousand dollars, which they report back to the House without recommendation.
JoHN D. STEWART, Chairman.

\VEDNESDAY, FEBRUARY 21, 1877.

719

Mr. Phillips of Cobb, chairman of the Committee on Internal Improvements, submitted the following report:
Mr. Speaker: The Committee on Internal Improvements have had
under consideration the following Senate bills, which they recommend do pass, to wit:
A bill to amend the laws in reference to the removal of obstructions from private ways.
Also, a bill to exempt certain persons from road duty in the county of Liberty.
W. PHILLIPS, Chairman;

On motion, the House adjourned to 10 o'clock to-morrow morning.

ATLANTA, GEORGIA, Wednesday, February 21, 1877. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll call was dispensed with.
Mr \Villis, chairman of the Committee on Journals, reported the Journal of yesterday read and correct.
The Journal was then read.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof: Mr. Speaker:
The Senate has passed the following bills of the House of Representatives, to-wit:

720

JOURNAL OF THE HOUSE.

A bill to amend an act to make the Tax Collector of Douglas county ex offici<:> county treasurer of said county.
Also, a bill to authorize and require the registration of all voters in the county of Camden.
Also, a bill to consolidate the offices of Sheriff and Tax Receiver of the county of Greene.
Also, a bill to pay the Western and Atlantic Railroad change bills.
1\lso, a bill to change the lines between the counties of \Vhitfield and Catoosa.
Also, a bill to incorporate the Gwinnett Manufacturing Company.
Also, a bill to change the lines between the counties of Randolph and Calhoun.
Also, a bill to change the lines between the counties of Baker and Calhoun.
Also, a bill to define and establish the lines between the counties of Ware and Coffee, and Clinch and Coffee.
Also, a bill to prohibit the sale of spirituous liquors within four miles of Lebanon Church, in the county o Macon.
Also, a bill to prohibit the sale of spirituous liquors within the corporate limits of Sharpsburg, in the county of Coweta.
Also, a bill to amend an act to prohibit the sale of spirituous liquors within two miles of the town of Jacksonville, in Telfair county, and for other purposes, so as to apply the provisions of the same to the ~own of Woodbury, in the county of Meriwether.
Also, a bill to prohibit the sale of spirituous liquors within three miles of Pleasant Grove Church and Academy, in Clayton county.
Also, a bill to prohibit the sale of spirituous liquors within one mile of the Methodist Episcopal Church South, near Graysville.

\VEDNESDAY, FEBRUARY 21, 1877.

721

Also, a bill to fix and regulate the bond of Tax Collector for the county of Richmond.
Also, a bill to appoint Cuyler W. Hillyard, J. N. McQuague, Daniel Morrison,John W. Murray, \Vm. M. Denton and Randall Jordon, toget!ler with tht! Ordinary, as a board of county commissioners for the county of Ware.
Also, a bill to establish a board of county commissioners for the county of Columbia.
Also, a bill to establish a board of commissioners for the county of Newton.
Also, a bill to amend an act incorporating the Georgia Home Insurance Company, and to repeal the banking powers conferred by said act.
Also, a bill to incorporate the Auraria Hydraulic and Mining Company, of Lumpkin county.
Also, a bill to prohibit the imposition of more than fifty per cent. upon the State tax, for county purposes, on any account whatever, in the county of Jackson.
Also, a bill to incorporate the Collins Manufacturing and Power Company.
Also, a bill to incorporate the Georgia Land, Immigration ano Navigation Company.

The Senate has agreeed to the following resolution, in which they ask the concurrence of the House of Represent:~.tives, to-wit:
A resolutionTo request the Governor to examine the claim of Thos. L. Snead, Esq, for $2,000, for services rendered the State in investigating the account between the State and Henry W. Clews & Co., and for other purposes.

The Senate has passed the following bill of the House of Representatives, with amendments thereto, in which they ask the concurrence of the House of Representatives,. to-wit:
46

722

JouRNAL oF THE HousE.

A bill to require the Georgia Land and Lumber Company to be incorporated in accordance with the law.

Mr. McDonald moved to reconsider the Senate bill lost on yesterday, to prevent the furnishing of spirituous liquors on F.!ection days, on which motion Mr. Fry called the previous question, which call was sustained, and the main question ordered.
Mr. McDonald called the yeas and nays; which call was not sustained.
The motion to reconsider did not prevail.

Mr. Carlton moved to suspend the rules and take up the appropriation act, for the consideration of certain amendments proposed by the Senate.
Mr. Carlton withdrew the motion.

Mr. Simms moved to take up the resolution in reference to the election of State Printer, which motion prevailed.
The resolution was then read, proposing that the two Houses meet in joint session on Thursday, the 22d inst., for the purpose of electing a State Printer.
The resolution was agreed to.

Mr. Whittle moved to take up a resolution in reference to a canal between the Atlantic Ocean and the Gulf of Mexico, which motion prevailed, and the resolution was read and agreed to.

Dr. C. M. Griffin was invited to a seat on the floor.

Mr. Carlton, chairman of the Committee on Finance, subrr.itted the following report:
Mr. Speaker: The Committee on Finance have had under consider-
ation the following bills of the Senate, which they recommend do pass, to-wit:

WEDNESDAY, FEBRUARY 21, 1877.

723

A bill to reduce the salaries of the Tax Receiver, Tax Collector and school commissioner for the county of Forsyth.
Also, a bill to authorize the commissioners of roads and revenue for the county of Macon, to settle or compromise
with J. T. Kleckley, former Tax Collector for said county,
and his securities, for arrears with said county as such eellector.
Also, a bill to regulate the compensation of Tax Collector and Tax Receiver, for assessing and collecting the State and county tax for the county of Calhoun, and to fix the salary of county treasurer for said county.

Also, the following Senate bill, which they recommend do not pass, to-wit:
A bill to allow the Mayor and aldermen of the town of Fort Gaines, to levy a special tax upon the property therein, to finish the bridge across the Chattahoochee river, and for other purposes.
H. H. CARLTON, Chairman.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:
Mt. Speaker:
The Committee on Enrollment report as duly enrolled, and ready for the signature of the Speaker, the following acts, to-wit:
An act to amend an act for the protection of the farmers of Charlton county, so as to embrace Camden county.
Also, an act to contract the corporate limits of Athens. Also, an act to regulate the pay of juries in the county of Oconee. Also, an act to amend the homestead laws of this State, approved February 26, 1876.

724

JouRNAL OF THE HousE.

Also, an act to amend section twenty of the charter of

the city of Dalton, in relation to salaries of officers, &c.

Also, an act to repeal an act to provide for the payment

of certain insolvent costs in Clayton county, approved Feb-

ruary 25, 1875.

'

Also, an act to amend an act to provide a county board

of commissioners for the county of Mitchell, and to pre-

scribe and define the powers and duties thereof.

Also, an act to authorize the Ordinary of the county of
. Mitchell to hire out prisoners confined in the jail of said
county.

Also, an act to repeal an act to prohibit the sale, by re

tail, of spirituous liquors within the corporate limits of the

town of Laurensville, or within three miles:of the court-house

of said county, and to regulate the sale of liquors in said

corporation, and to prescribe penalties.

Also, an act to organize a Criminal Court for the county

of Bartow, and to define its jurisdiction, and for other pur-

poses.

Also, an act to provide for a vote of the people of Baker

county on the question of the removal of the court-house

in said county, and to make provisions for said removal, and

for other purposes therein stated.

Also, an act to provide for the holding of a convention

of the people of Georgia, for the pvpose of revising the

constitution of said State.

Also, an act to repeal an act to create a County Court

in each cou11ty of the State of Georgia, except certain

counties therein mentioned, so far as the same relates to

the county of Polk.

Also, an act to establish a system of public schools for

the county of Rabun, and for other purposes.

Also, an act to repeal an act to regulate the sale of spirit-

uous, or vinous and malt liquors in the counties of Floyd,

Dade, Polk, O.attooga, Whitfield, Walker, Hall, Bartow,

Gordon, Cnweta, Carroll, Haralson, Murray, Paulding, and

WEDNESDAY, FEBRUARY 21, 1877.

725

the town of Palmetto, in the county of Campbell, in the Sta~e of Georgia, so far ao:; relates to the city of Rome, in the county of Floyd.
Also, an act to amend an act to change the age of admission of deaf and dumb children to the privilege of the Georgia Institution for the Deaf. and Dumb, and to extend the time of privilege.
Also, an act to exempt licensed pilots from jury and road duty in the county of Camden.
Also, an act to facilitate the collection of tax executions. Also, an a<:t to fix the per di'em pay of jurors in the counties of Baker and Warren. Also, an act to exempt members of Harduck Mounted Riflemen, a volunteer company in the county of Bryan, from road duty. Also, an act to reduce the sheriff's bo.nd of Wilcox county five thousand dollars. Also, an act to change the time of holding the Superior Court in the county of Dodge in the Oconee Circuit. Also, an act to abolish the County Court of Twiggs county, and for other purposes. Also, an act to amend an act to prevent the killing of deer, partridges and wild turkeys by shooting, trapping and other means, in the counties of Muscogee, Lincoln and Baldwin, and for other purposes.
Also, an act to amend an act to create a County Court in each county of the State of Georgia, except certain counties mentioned, so as to make t~1e clerk of the Superior Court the ex-officio clerk of the County Court as to the county of Macon, and to prescribe his cost, and to more closely define the duties and fix the fees of the clerk of said County Court of Macon county.
Also, an act to amend section 4, 784 of Irwin's Revised Code, which section prescribes the power of the Mayor and alde.rmen of the city of Savannah over the private

726

JouRNAL OF THE HousE.

corporation known as the Savannah Fire Company, and for other purposes.
Also, an act to authorize and require the Ordinary of Fulton county to take entire management.
Also, an act to change the line between the counties of Fulton and Clayton.
Also, an act to make the Tax Collectors of Mitchell and Colquitt counties ex-officio sheriffs in their respective coun ties, and for other purposes therein named.
Also, an act to require the Ordinary of Fulton county to take entire management and control, and pay the entire expenses, of maintaining the Alms-house in said county, and for other purposes.
Also, an act to prescribe how lunatics, idiots, epileptics and demented inebriates may be admitted into, and discharged from th~ Lunatic Asylum, to make said asylum free to all the resident t.:itizens of this State who are thus affected. . Also, an act to repeal an act to organize a Criminal Court in the counties of Marion, Talbot, Stewart and Chattahoochee, so far as relates to the county of Crawford.
Also, an act to effect the more speedy service of mesne process at law or in equity in this State, when the sheriff is a party or named as defendant, or when he is sick and unable to act and has no deputy, and for other purposes.
W. W. PAYNE, Chairman.

Mr. Hood, Chairman of the Committee on Corporations, submitted the following report:
Mr. Speaker: The Committee on Corporations have had under con-
sideration the following bills of the Senate, which they report back, with recommendation that they do pass, to-wit:
A bill to provide for the incorporation of the purchasers of the Georgia Western Railroad.

WEDNESDAY, FEBRUARY 21, 1877.

727

Also, a bill to amend and extend an act entitled an act to incorporate "The Cherokee Copper Company of Georgia."
Also, a bill to incorporate the Macbn Brewing Company. Also, a bill to incorporate the Sterling and Jacksonville Railroad Company.

They have also hJ.d under consideration the following bills of the Senate, which they recommend do pass as amended, to-wit :
A bill to incorporate ''The Chestatee and Yahoola Gold Mining Corr.pany."
Also, a bill to incorporate the Herndon and Swainsboro Railroad Company.

Also, the following bill, which they recommend do pass, to-wit:
A bill to incorporate the Atlanta Constitution Publishing Company.
A. HooD, Chairman. .

Mr. Awtrey, chairman of Committee on Public Printing, submitted the following report:

Mr. Speaker: The Committee on Public Printing have had under con-
sideration the following accounts, to-wit: An account of V. P. Sisson, for printing and paper for
the State, $76.81. An account of Dunlop & Dickson, for printing for the
State, $4:5. 00.
Both of which they recommend be paid. J. F. AwTREY, Chairman.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

i28

JouRNAL oF THE HousE.

Jlfr. Speaket :
The Senate has passed the following bills of the House of Representatives, by a constitutional majority, to-wit;
A bill to authorize the directors of the Exchange Bank of Macon to reduce the capital stock of said Bank.
Also, a bill to amend the charter of the Hawkinsville Bank and Trust Company, of Hawkinsville.

The Senate has passed the following bills 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 to create a County Court in each county in this State, except certain counties therein named, so far as the same applies to the coun':y of Dodge, and to abolish the County Court of Dodge county.
Also, a bill to alter and amend the road laws of this State, so far as the same relate to the county of Houston, and for other purposes.
Also, a bill to reduce the fees of the timber measurers on the Satilla river, in this State.

The Senate has passed the following bills of the House of Representatives, to-wit:
A bill to prevent persons from storing guano or other commercial fertilizers within the corporate limits of Covington, and for other purposes.
Also, a bill to amend an act to create a County Court for the county of Rockdale.
Also, a bill to repeal an act to define the per dz"em pay of grand and special jurors of Emanuel county.
Also, a bill for the relief of John G. Switzer and his legal representatives, and to prevent the estate of Leonard Finisterer, from escheating to the State under the escheat laws thereof.
Also, a bill to amend section 3654 of the Code.

WEDNESDAY, FEBRUARY 21, 1877.

729

The hour having arrived for the consideration of the special order, it being the Governor's message in reference to the sale of the Macon and Brunswick Railroad, the same was taken up.
Mr. Carlton moved that the special order be postponed until the Fin:mce Committee reported on the same, and made the point of order that the House could not consider the matter until such report was made.
The Speaker held that the point was well taken, and that the House could not act until the committee should make a report on the same.
Mr. Whittle moved that the further consideration of the matter be postponed to 3.30 o'clock, and that the Finance Committet: be requested to report at that hour, which motion was superceded by the following resolution by Mr. Moses, which was agreed to, to-v. it:
Resolved, That the Finance Committee be requested to return the Governor's message, and other documents touching the sale of the Macon and Brunswick Railroad, with their action thereon, by 3:30 o'clock to-day, P.M., and that the message and documents be made the special order at 3:30 P.M. to-day.

Hon. vV. 0. Tuggle and Rev. P. H. Mell were invited to seats on the floor.

On motion of Mr. Stewart, the House took up Senate bills for a second reading, which motion prevailed, and the following bills were so read, to-wit;
By Mr. ReeseA bill to provide for jurors in certain cases. Lost.

Mr. Moses introduced the following resolution, which was agreed to, to-wit;
Resolved, That his Excellency, the Governor, be re-

730

JOURNAL OF THE HOUSE.

quested to inform this House whether, since the passage of the tax act of this session, any estimate has been made of the amount of money that will be required to be borrowed to make up any deficiency in meeting the current obligations and expenses of the State, the amount of said deficit, and whether the sarne is likely to be permanent or temporary; also, what means he has of providing for the same.

By Mr. PerryA bill to amend the act regulating the sale of seed cotton in certain counties. By Mr. BrewsterA bill to provide for the taking testimony m certain cases. Recommitted to Judiciary Committee. By Mr. Bush- A bill to require the transfer of certain cases from the Superior to the County Court of Miller. Lost. By Mr. GrahamA bill to amend section 3,907 of the Code. Lost. By Mr. HarrisonA bill to amend section 2,547 of the Code. By Mr. HoppsA bill to allow B. L. Hall to peddle without license. Lost. By Mr. CliftonA bill to allow the sheriff to execute Justices' Court process. Lost. By Mr. FeltonA bill to amend section 54 of the Code. Lost. By Mr. Godfrey-

WEDNESDAY, FEBRUARY 21, 1877.

731

A bill to allow the authorities of Fort Gaines to levy a certain tax.
Lost. By Mr. McDonaldA bill to exempt members of the Thomasville Guards from jury duty. By Mr. HowellA bill to amend the charter of the State Savings Bank of Atlanta. By Mr. LesterA bill to amend the law for removing obstructions from private ways. By Mr. FeltonA bill to change the time of holding the Ordinary's Court in the county of Schley. Referred to Judiciary Committee. By Mr. McDanielA bill to incorporate the Covington Savings Bank. By Mr. O'DanielA bill to authorize and require Tax Receivers to return the number of lunatics, etc. By Mr. McAfeeA bill to reduce the fees of certain officers in the county of Forsyth. By Mr. PerryA bill to regulate the compensation of certain officers in the county of Calhoun. By Mr. CliftonA bill to exempt certain persons from road and jury duty in the county of Liberty. By Mr. FreemanA bill to amend the County Court law in the county of Habersham. By Mr. Wilson-
A. bill to repeal the act regulating the sale of liquors in
Gordon, Whitfield and Murray counties.

732

JouRNAL OF THE HousE.

By Mr. MattoxA bill to abolish the County Court in the county of Glynn. By Mr. WilsonA bill to encourage the building of mills, etc., on the Connesauga river. By Mr. HowellA bill to amend the road laws of Fulton county. Also, a bill for the relief of Thomas Kyle. By Mr. ReeseA bill to prohibit the sale of liquors at certain points in Wilkes county. By Mr. MattoxA bill to create and appoint a timber inspector at Trader's Hill. By Mr. WilsonA bill to amend the game laws of the counties of C!1atham a11d Bryan. By Mr. MattoxA bill to prohibit the sale of liquors on St. Simon's Island. By Mr. McLeodA bill to abolish the board of commissioners in the county of Emanuel.
By Mr. BushA bill to amend the County Court laws in the county of Calhoun. Also, a bill -to repeal the County Court law in certain cases. By Mr. BrewsterA bill to repeal parts of the County Court law in the county of Troup.
By Mr. CabanissA bill to amend section 1, 034 of the Code. By Mr. McAfee-

WEDNESDAY, FEBRUARY 21, 1877.

733

A bill to repeal the act organizing a board of commissioners in the county of Forsyth.
By Mr. BlackA bill to amend certain parts of the Code. By Mr. ReeseA bill to prevent the inconvenience to shippers and others from illegal acts of railroad employees. By Mr. FeltonA bill to authorize the compromise of certain claims vs. the county of Macon. By Mr. DuBoseA bill to incorporate the Atlanta Constitution Publishing Company. By Mr. McLeodA bill to incorporate the Herndon and Swainsboro Railroad Company. By Mr. AsburyA bill to incorporate the Chestatee and Yahoola Mining Company. By Mr. StatenA bill to incorporate the Sterling and Jacksonville Railroad Company. By Mr. CabanissA bill to incorporate the Macon Brewing Company. By Mr. LesterA bill to amend the act incorporating the Cherokee Copper Mining Company. By Mr. ReeseA bill to provide for the appointment of sub-school trustees. Laid on the table. By Mr. HowellA bill to incorporate the purchasers of the Western Railroad.

Mr. Adams of Chatham moved to take up Senate bill

7M

JouRNAL OF THE HousE.

No. 78, to regulate the law of insurance companies in this State.
The motion was withdrawn.

The regular order being the reading of House bills with Senate amendments, the same was taken up, and the following bills disposed of, to-wit:
By Mr. CauseyA bill to regulate the pay of jurors in Crawford and Pierce counties. Senate amendment concurred in. By Mr. Knox- A bill to reduce the fees of timber measurers on the Satilla river. Senate amendment disagreed to. By Mr. ColbertA bill to change the line between the counties of Madison and Clarke. Senate amendments concurred in. By Mr. Davis of HoustonA bill to alter and amend the road laws in the county of Houston. Senate amendment concurred in. By Mr. TumlinA bill to regulate the commissions of county treasurer of Bartow county. Senate amendment concurred in. By Mr. RawlinsA bill to abolish the County Court of Dodge county. Laid on the table. Taken up, and Senate amendment concurred in. By Mr. Bacon of BibbA bill to authorize the directors of the Exchange Bank of Macon to reduce its capital stock. Senate amendment concurred in. By Mr. Puckett-

WEDXESDAY, FEBRUAR\: 21, 1877.

735

A bill for the relief G. W. Keith. Sena~e amendment concurred m~ By Mr. Stewart of MiltonA bill to fix the compensation of Tax Receivers m the county of Milton. Senate amendment concurred in.

The appropriation act, being amended by the Senate

was next taken up.

'

Mr. Carlton moved that the bill be laid on the table tem-

porarily, which motion prevailed.

Leave of absence was granted the Finance Committee.

The House then took up House resolutions, as follows : By Mr. RobersonA resolutionThat ordained ministers be passed free over the Macon and Brunswick Railroad. Laid on the table. By Mr. StricklandA resolutionThat the State Librarian be authorized to furnish certain reports to Clinch county. Laid on the table. By Mr. MalletteA resolutionTo provide for the appropriation of a certain part of the State tax to build a jail in Camden county. Indefinitely postponed.
Mr. Ottis moved to suspend the rules, to allow him to introduce a resolution to allow Peterson Thweatt to sue the State, which motion did not prevail.

By Mr. HawesA resolution-

736

JouRNAL OF THE HousE.

To appropriate Supreme Court Reports to the county of Baker.
Indefinitely postponed. By Mr. ReeseA resolutionTo recommend Perry's Justices' Docket. Indefinitely postponed. By Mr. JamesA resolutionTo allow the notes of the Western and Atlantic Railroad to be redeemed at ten cents on the dollar. Laid on the table. Also, a resolutionAllowing Hinton P. Wright to publish the public laws. A mended and agreed to. By Mr. GrantA resolutionThat our Senators and Representatives in Congress be requested to use their efforts to secure the repeal of certain revenue laws. Agreed to. By Mr. Stewart of SpaldingA resolutionFor the relief of the Griffin and North Alabama Railroad.

Mr. Price asked a suspension of the rules to allow the introduction of a certain resolution, which motion prevailed, and the resolution was read as follows, to-wit :
WHEREAS, The inauguration of direct trade with Europe is a matter in which the people of Georgia are deeply interested ; be it therefore
Resolved, By the House of Representatives, the Senate concurring, That the Governor be requested to examine into the feasibility of establishing a line of steamers to ply di1ectly between Savannah, or other Georgia seaports,

WEDNESDAY, FEBRUARY 21, 1877.

737

and Liverpool, or such other European ports as may be agreed upon, and to report the result to this body at its next session.
Agreed to. Mr. Richardson moved to suspend the rules to allow him to introduce a resolution, which motion prevailed ; the resolution was introduced and read, and, on motion, indefinitely postponed.

By Mr. Smith of OglethorpeA resolutionRequesting our Senators and Representatives to endeavor to have repealed the revenue tax on the distillation of fruit. Agreed to. By Mr. PriceA resolutionIn reference to the public printing. Lost. By Mr. ReeseA resolutionFor the appointment of a committee to report upon an Index by W. D. Elim. Laid on the table. By Mr. McDonaldA resolutionRequesting the Judiciary Committee to report what legislation is necessary on the subject of furnishing liquors on election days. By Mr. MaundA resolution___.:. In reference to the action of the Constitutional Convention bonds. Withdrawn. By Mr. StanfordA resolution-
47

738

JOURNAL OF THE HOUSE.

In relation to retrenchment on salaries, etc. Indefinitely postponed. By Mr. HillyerA resolutionIn reference to the repeal of the bankrupt law. Agreed to.

Under a suspension of the rules, Mr. Stewart of Spalding introduced a resolution, in reference to the employment of certain attorneys by ex-Governor James M. Smith, and requesting the Governor to continue said employments, which was read, and referred to the Judiciary Committee.

The following House bills, with Senate amendments, were taken up and disposed of:
By Mr. WalshA bill to fix and regulate bond of the Tax Collector of Richmond county. Senate amendment concurred in. By Mr. MosesA bill to incorporate the Georgia Home Insurance Company. Senate amendment concurred in. By Mr. WilcoxA bill to require the Georgia Land and Lumber Company to be incorporated.

Mr. Adams of Chatham called the previous question, on concurring in the Senate amendment.
The call was sustained, and the main question ordered. Mr. Whittle called for the yeas and nay~, which was not sustained, and the Senateamendments were concurred in.

Leave oJ absence was granted Messrs. Wade, Wilkes, Phillips of Carroll, and Lang.

On motion the House adjourned to 3,30 P. M.

WEDNESDAY, FEBRUARY 21, 1877.

739

AFTERNOON SESSION.

3:30 o'CLOCK.

The House re-assembled, and was called to order by the

~9~

.

The roll-call was dispensed with.

Leave of absence was granted Mr. Willingham, for the balance of the session.
The special order, being the consideration of the message of his Excellency, the Governor, relative to the sale of the Macon and Brunswick Railroad, was taken up.
Mr. Walsh moved to lay on the table until the commit tee could report, which motion prevailed.

The House then took up, read and disposed of, the following Senate bills on third reading, towit:
By Mr. MattoxA bill to require the registration of voters in the county of Glynn. Laid on the table.

Mr. Stewart of Spalding, Chairman of Committee on the Judiciary, submitted the following report:
Mr. Speaker: The Committee on the Judiciary have had under con-
sideration the following bill, which they recommend do not pass, to-wit:
A bill to be entitled an act to change the time of holding the Ordinary's Court of Schley county, from the first Monday in each month to the second Saturday in each month.
Also, a resolution requesting the ~overnor to continue

740

JoURNAL OF THE HousE.

the prosecution of certain cases, wherein the State is a party, which they recommend do pass-.
STEWART, Chairman.

The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary~
Mr. Speaker:
The Governor has approved the following acts, to-wit: An act to ratify and confirm the orders, or decrees, of the Superior Courts of this State, granting or renewing the existence of corporations with all action thereunder, of any kind, by or with such corporations, and for other purposes. Also, an act to change the time of holding the Superior Court of Burke county, in the Augusta Circuit, and for other purposes. Also, c.n act to regulate the elective franchise in municipal elections in the city of Augusta, and for other purposes. Also, an act to incorporate the Milledgeville Manufacturing Company. Also, an act to incorporate the Middle Georgia Mineral Association. Also, an act to amend section 1,270 of the Code of Georgia, relating to the establishment of ambulatory schools, so far as the same relates to the counties of Wayne, Miller and Pierce, and for other purposes. Also, an act to amend an act to prevent the sale of spirituous liquors to minors, and for other purposes, approved February 24, 1875. Also, an. act to levy a tax f<,>r the support of the government for the year 1877, and to provide for the collection of taxes due the State, and for other purposes therein men tioned. Also, an act to provide a form of government for the Georgia Institution for the Education of the Deaf and Dumb, and for other purppses.

WEDNESDAY, FEBRUARY 21, 1877.

741

Mr. Carlton, chairman ofthe Committee on Finance, sub mitted the following report:

Mr. Speaker:

The Finance Committee have had under consideration

the accompanying message from his Excellency, the Gov-

ernor, which they report back to the House without rec-

ommendation.

H. H. CARLTON, Chairman.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

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 authorize the Mayor and council of the city

of Macon to issue bonds.

Also, a bill to incorporate the Fish-Trap Gold Mining

Company.



Also, a bill to authorize the Mayor and council of the

town of Butler to issue bonds.

Also, a bill to provide for issuing and recording of or-

ders on the treasurer of Spalding county.

The Senate has passed the following bills of the House
#
of Representatives, to-wit: A bill to amend an act for the protection of deer, par-
tridges and wild turkeys, in the counties of Chatham and Bryan, and for other purposes.
Also, a bill to repeal all laws and parts of laws authorizing the issue of land warrants under head rights from the Land Court of Camden county.
The Senate has concurred in a resolution of the House of Representatives fixing the date for election of State Printer.

742

JOURNAL OF THE HOUSE,

The Senate has agreed to the following resolution, in

which they ask the concurrence of the House of Repre-

sentatives:

A resolution-

To prohibit the Treasurer of the State from the payment

ofcertain coupons of the State.

The Senate has passed the following bills of the House

of Representatives:

A bill to change the lines between the counties of Ran-

dolph and Stewart.

Also, a bill to amend an act to create a board of com-

missioners for the county of Chattahoochee.

Also, a bill to abolish the County Court of Troupe

county.

Also, a bill to authorize the payment of insolvent costs

due E. P. Howell, late solicitor of the Superior Court of

Fulton county, and for other purposes.

Also, a bill to require the sheriffs of this State to keep

a record of persons committed to jail, and for other pur-

poses.

Also, a bill to authorize the City Council of Augusta

to create a board of health.

Also, a bill to amend section 1, 431 of the Code of 1873

Also, a bill to amend paragraphs 3d and 4th of section

789 of the Code.

Also, a bill to incorporate the Atlanta Testing and Min-

ing Company of the State of Georgia.

\

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 provide for the manner of tax sales by municipal corporations in this State.

The House then took up the special order, it being the

,

WEDNESDAY, FEBRUARY 21, 1877.

743

Governor's message on the sale of the Macon and Brunswick Railroad.

Mr. Moses offered the following resolution, to-wit; Resolved, That it is the opinion of this General Assem-
bly that the offer to purchase the Macon and Brunswick railroad made by Hazlehurst & Co. ought not to be accepted.
Resolvedfurther, That a lease at the price named by L. T. Holfi.eld, if the rental is properly secured, and the State's interest properly guarded, ought to be accepted ; and if such guarantees cannot be obtained, to the satisfaction of the Governor, that then he cause the road to be advertised for lease of twenty years, and if he can obtain a satisfactory offer, properly secured, he cause such lease to be made.
Resolved further, That if no satisfactory lease can be made, that then, and in such case, the Governor shall run the road until the meeting of the_next session of the General Assembly.
Resolvedfurthet', That in any lease which may be made of said railroad, there shall be a condition inserted whereby said lease shall in no event be transferred or controlled by the Central railroad, on pain of forfeiture, but the same shall be always kept up as an independent and competing road.

Mr. Hood offered the following resolution, tG-wit: Resolved by the General Assembly, That the matter of the sale or lease of the Macon and Brunswick railroad be remitted to the Governor, with authority to act in the premises under the law, for the best interests of the people of Georgia.

Mr. Hillyer offered the following substitute: Resolved, by the Senate and House of Representatives of the State of Georg-ia, ziz General Assembly met, That the

,

744

JouRNAL oF THE HousE.

whole subject ofthe sale or lease ofthe Macon and Brunswick Railroad be postponed until the next meeting of the General A..ssembly, and the Governor is instructed to make no sale or lease of any portion ofthe said property, or of the franchises or equipments connected therewith, until said next session, and in the meantime, that he continue to run the said road upon the best terms he can for the interest of the State, and in the meantime, shall receive bids for the lease or sale of the said property, and report to next General Assembly.
Mr. Stanford moved that the debate on this measure close at six o'clock, which motion prevailed.

The hour of six o'clock having arrived, Mr. Walsh moved that the House adjourn to 7.30 o'clock, which motion did not prevail.

Mr. Candler called the previous question on the pending resolutions, which call was sustained, and the main question was ordered.
Mr. Thomas called for the yeas and nays on the substitute of Mr. Hillyer, which call was sustained, and the result was as follows :

Those voting in the affirmative are Messrs.-

Adams of Chatham, Gray,

Adams of ~ee,

Green,

Almon

Glover of Twiggs,

Allred,

Glover of Jones,

Awtry,

Guyton,

Bacon of Liberty, Hammond,

Benson,

Harden,

Bennett,

Harrell,

Bloodworth,

Harralson,

Born,

Hillyer,

Bowen,

Hollis,

Branch,

Hogan of Monroe,

Penn, Pickett of Rabun, Pickett of Gilmer, Pilcher, Price, Puckett. Ragsdale, Rawlins, Reece,' Richardson, Roberson, Robson,

WEDNESDAY, FEBRUARY 21, 1877.

745

Brewer,

Hogan of Carroll, Roper,

Bunts,

Hughes,

Rouse,

Burch of Thomas, Humber,

Russell,

Burch of Elbert, Hutchins,

Scruggs,

Callaway,

Johnston,

Shaw,

Candler,

Jones of McDuffie, Sheffield of Early,

Carter,

Jones of Polk,

Sikes,

Case,

Kendrick,

Simms,

Cloud,

Kennon,

Smith of Tatnall,

Colbert,

Knox,

Smith of Butts,

Corker,

Lang,

Stanford,

Cox of Bryan,

Leach,

Stewart of Taylor,

Davison,

Mallette,

Stewart of Milton,

Davis of Houstun, Marshall,

Stewart of Spalding,

DeLoach,

Matthews of Pike, Stokelv,

Dozier of Harris, McAfee,

Strickland,

Dudley,

McDonald,

Taylor,

Duggar,

Mcintyre,

Thomas,

Dews,

McGar,

Walton of Burke,

Evans,

Miller,

Walton of Haralson,

Faircloth,

Moses,

Wall,

Fletcher,

North,

Willis,

Fortner,

Northen,

Wilson,

Frederick,

Ott is,

Wooldridge,

Freeman,

Owenby,

Williams,

Fry,

Paul,

Wolihin,

Grant,

Peek,

Those voting in the negative are Messrs.-

Black, Blue, Carlton, Causey, Davis of :Hibb, Fort, Hood, James,

Jordan of Pulaski, Smith of Walton,

Key,

Tumlin,

Matthews of Talbot,Turner,

Maund,

Walsh,

Mobley,

Whittle,

Phillips of Cobb, Mr. Speaker,

Polhill,

Pope,

746

JoURNAL oF THE HousE.

Those not voting are Messrs.-

Anderson,

Gresham,

Reid of Morgan,

Atwood,

Goodrum,

Reid of Putnam,

Brockett,

Jordan of Hancock, Sheffield of Miller,

Brown of Upson, Kimsey

SmithofOglethorpe,

Brown of Fayette, Kirby,

Smith of Echols,

Cochran,

McRae,

Turnbull,

Colley,

Murray,

Vick,

Collins,

Peacock,

Wade,

Cox of Troup,

Payne,

Wise,

Davis of Stewart, Pearson,

Wilkes,

Dozier of Quitman, Perkins,

Willingham.

Dnke,

Phillips of Carroll, Wilcox.

The Speaker asked unanimous consent to record his vote, which was granted.
Yeas 117. Nays 22. Not voting 36. So the substitute was adopted.

Mr. Carlton, chairman of the Committee on Finance, submitted the following report:

Mr. Speaker:
The Committee on Finance have had under consideration the following bills, which they direct me to report back to the House without recommendation, to- wit :
A bill to invest money arising from the sale of certain railroads seized by the State, in the cancellation of bonds endorsed by the State.
Also, a bill to reduce the compensation of members and officers of the General Assembly.
Also, a bill to regulate and fix the per diem and mileage of members of the General Assembly.
Also, a bill to fix the compensation of members of the

WEDNESDAY, FEBRUARY 21, 1877,

747

General Assembly, to reduce the mileage, and to fix the compensation of clerks, door-keepers and messengers.
Also, a bill to fix the per diem and mileage of the offi-
cers and members of the General Assembly. Also, a bill to fix and regulate the salaries of certain
officers therein named, and to fix the per diem and mileage of officers and members of the General Assembly.
Also, a bill to fix the salary of the State School Commissioner and his clerk.
Also, a bill to fix and regulate legal fees and salaries for certain officers of this State.
H. H. CARLTON, Chairman.

Leave of absence was granted Messrs. Duke, Penn and Dews.

On motion, the House adjourned to 8 o'clock P.M.

NIGHT SESSION.
8 o'CLOCK P.M.
The House met pursuant to adjournment, and was called to order by the Speaker.
The roll was called, and a quorum found present.
The business in order, being the consideration of Senate amendments to House bills, the following bills were taken up, and the amendments disposed of, to-wit:
By Mr. HillyerA bill to provide the manner of tax sales by municipal corporations. Senate amendment concurred in. By the Finance CommitteeA bill to make appropriation for the legislative, exe-

748

JouRNAL OF THE HousE.

cutive and judicial expenses of the State for the year 1877.
Thefirst Senate amendment, which was to the first section, and in reference to fees of Secretary of State, Comptroller General, etc., was taken up and concurred in.
The second amendment, also to the first section, in reference to pay of clerks in the Executive Department, and clerks in the Secretary of State and Comptroller's offices, was next taken up.
On this amendment Mr. Fry called the yeas and nays, on a motion not to concur, which call was not sustained.
The motion to disagree was lost. The Senate amendment was then concurred in. The next amendment to the second section was then taken up, the same being in reference to the pay of Clerks of the Senate and House of Representatives. Mr. Carlton moved to concur in the Senate amendment. Mr. Stokely called for the yeas and nays, which call was not sustained, and the motion to concur prevailed. The next amendment, also to the third section, was taken up and concurred in. The next amendment, making the pay of assistant doorkeepers and gallery-keeper $7 pBr diem, was concurred in. The next amendment being in reference to the compensation of porters, was taken up and concurred in. The next amendment, in reference to the compensation of page of the Senate, was disagreed to. The next amendment, being to the fifth section, in reference to an appropriation to W. O'Conner, was concurred in. The next amendment, to section fifth, in reference to the appropriation to the Deaf and Dumb Asylum, was concurred in. The Senate amendment in reference to the compensation of certain officers of the Lunatic Asylum was concurred in. The next Senate amendment, also to the fifth section,

WEDNESDAY, FEBRUARY 21, 1877.

749

in reference to the fund for care of public buildings, insurance, etc., was taken up.
Mr. Bloodworth moved to amend the Senate amendment by striking out twelve and inserting ten thousand dollars ; and on this amendment caned fer the yeas and nays, which call was not sustained.
The amendment of Mr. Bloodworth was then lost. Mr. Allred moved to disagree to the Senate amendment. Mr. Walsh called the previous questi0n. The call was sustained, and the main question ordered. Mr. Allred called for the yeas and nays, which call was not sustained. The motion to disagree did not prevail. Mr. Allred called the yeas and nays on concurring in t'he Senate amendment, which call was not sustained. The Senate amendment was then concurred in. The next Senate amendment was to the sixth section, in reference to the compensation of clerical force in the Executive Department, making the appropriation $6,600, instead of $5,000. Mr. Moses moved to disagree to the amendment. Mr. Walsh called the previous question. The call was sustained and the main question ordered. Mr. Allred called the yeas and nays, which call was not sustained. The motion to disagree to the Senate amendment did not prevail. Mr. Moses called the yeas and nays on the motion to concur in the Senate amendment, which call was sustained and the result was as follows :

Those voting in the affirmative are Messrs.-

Adams of Lee, Bacon of Liberty, Bennett, Black,

Green, Gresham, Hammond, Harden,

Payne, Paul, Perkins, Phillips of Cobb,

750

JouR~AL oF THE HousE.

Blue, Branch, Brewer, Burch of Thomas, Burch of Elbert, Carlton, Carter, Colley, Corker, Davis of Bibb, Davis of Stewart, Dudley, Duke, Dews. Evans, Faircloth, Fletcher, Fort, Fortner, Frederick,

Harralson,

Pickett of Gilmer,

Hillyer,
Rolli~

Polhill1 Pope,

Hogan of Monroe, Robson,

Hood,

Rouse,

Jones of McDuffie, Russell,

Jordan of Hancock, Scruggs,

Jordan of Pulaski, Sheffield of Early,

Kennon,

Simms,

Key,

Smith of Walton,

Kimsey,

Tumlin,

Lang,

Turner,

Leach,

Walton of Burke,

::\>1allette,

Wal;h,

Matthews of Talbot, Whittle,

Maund,

Wooldridge,

McAfee,

Williams,

McGar,

Wolihin,

Moore,

Wilcox.

Peacock,

Those voting in the negative are Messrs.-

Almon,

Humber,

Price,

Allred,

Hutchins,

Puckett,

Awtry,

Kendrick,

Ragsdale,

Bloodworth,

Knox,

Rawlins,

Born,

Marshall,

Richardson,

Bowen,

Matthews of Pike, Roberson,

Candler,

McDonald,

Sikes,

Causey,

Mcintyre,

Smith of Butts,

Colbert,

Miller,

Stanford,

Davis of Houston, Mobley,

Stewart of Taylor,

Dozier of Harris, , Moses,

Stewart of Spalding,

Freeman,

North,

Stokely,

Fry,

Ott is,

Thomas,

Grant,

Owenby,

Turnbull,

Gray,

Peek,

Wilson.

Hogan of Carroll, Pickett of Rabun,

WEDNESDAY, FEBRUARY 21, 1877.

751

Those not voting are Messrs.-

Adams of Chatham, Glover of Twiggs, Reece,

Anderson,

Glover of Jones, Roper,

Atwood,

Gondrum,

Shaw,

Benson,

Guyton,

Sheffield of Miller,

Brockett,

H~rrell,

Smith of Oglethorpe,

Brown of Upson, Hughes,

Smith of Echols,

Brown of Fayette, James,

Smith of Tatnail,

Bunts,

Johnston,

Stewart of Milton,

Callaway,

Jones of Polk,

Strickland,

Case,

Kirby,

Taylor,

Cloud,

McRae,

Vick,

Cochran,

Murray,

Wade,

Collins,

Northen,

Walton of Haralson,

Cox of Troup,

Pearson,

Wall,

Cox of Bryan,

Penn,

Wise,

Davison,

Phillips of Carroll, Wilkes,

DeLoach,

Pilcher,

Willis,

Dozier of Quitman, Reid of Morgan Willingham.

Duggar,

Reid of Putnam,

Yeas, 70. Nays, 47. Not voting, 57.

So the Senate amendment was not concurred in. The next amendment, also to section six, was in refer ence to the contingent fund, making the appropriation for the same $20, 000. Mr. Walsh called the previous question, which call was sustained, Mr. Allred called for the yeas and nays, which call was sustained, and the result was as follows :

Those voting in the affirmative are Messrs.-

Black, Bunts,

Jordan of Pulask:, Russell,

Kennon,

Sheffield of Early,

752

JouRNAL OF THE HousE.

Burch of Elbert, Moses,

Co~ ley,

Ottis,

FrE>derick,

Paul,

Harrell,

Phillips of Cobb,

Rolli~,

Pol hill,

Jordan of Hancock, Pope,

Taylor, Whittle, Wooldridge, Williams, Wolihin.

Those voting in the negative are Messrs.-

Adams of Lee,

Gresham,

Peek,

Almon,

Hammond,

Perkins,

Allred,

Harden,

.Pickett of Rabun,

Atwood,

Harralson,

Pickett of Gilmer,

Awtry,

Hillyer,

Price,

Bel! nett,

Hogan of Carroll, Puckett,

Bloodworth,

Hood,

Ragsdale,

Bowen,

Humber,

Rawlins,

Branch,

Jones of McDuffie, Richardson,

Brawer,

Kendrick,

Roberson,

Candler,

Key,

Robson,

Carlton,

Knox,

Rouse,

Ca111e,

Lang,

Sikes,

Causey,

Leach,

Simms,

Colbert,

Mallette,

Smith of Walton,

Corker,

Marshall,

Smith of Butts,

Davis of Bibb, Matthews of Pike, Stanford,

Davis of Houston, Matthews of Talbot, Stewart of Taylor, '0

Dews

Maund,

Stewart of Spalding,

Evans,

McAfee,

Stokely,

Fietcher,

McDonald,

Thomas,

Fort,

Mcintyre,

Turner,

Fortner,

McGc~or,

Turnbull,

Freeman,

Miller,

Walton of Burke,

Fry,

Mobley,

Walsh,

Grant,

Moore,

Wilson,

Gray,

North,

Wilcox.

Green,

Owenby,

Those not voting are Messrs.-

VVEDNESDAY, FEBRUARY 21, 1877.

753

Adau.s of Chatham, Duggar,

Anderson,

Duke,

Bacon of Liberty, Faircloth,

Benson,

Glover of Twiggs,

Blue,

G~over of Jones,

Born,

GooJru;n,

Brockett,

Guyton,

Brown of Upson, Hogan of Monroe,

Brown of Fayette, Hughes,

Burch of Thomas, Hutchins,

Callaway,

James,

Carter,

Johnston,

Cloud,

Jones of Polk,

Cochran,

Kimsey,

Collins,

Kirby,

Cox of Troup,

McRae,

Cox of Bryan,

Murray,

Davison,

Northen,

Davis of Stewart, Peacock,

DeLoach,

Payne,

Dozier of Harris, Pearson,

Dozier of Quitman, Penn,

Dudley,

Phillips of Carroll,

Pilcher, Reid of Morgan, Reid of Putnam, Reece, Roper, Scruogs, Shaw, Sheffield of Miller, Smith of Oglethorpe, Smith of Echols, Smith of Tatnall, Stewart of M1lton, Strickland, Tumlin, Vick, Wade, Walton of Haralson, Wall, Wise, Wilkes, Willis, Willingham.

Yeas, 23. Nays, 81. Not voting, 70.

So the amendment was not councurred in.

The next amendment was also to the sixth section, in reference to the appropriation for stationary, etc., making the amount for the same $738.57.
Mr. Stewart called the previous question, the call was sustained, and the amendment concurred in.
The next amendment appropriated certain sums for the several departments of the State Government, and for other purposes.
48

754

JouRNAL OF THE HousE.

Mr. Awtry offered an amendment, to pay Dunlop & Dickson for printing in 1876.
Mr. Moses moved to further amend, by appropriating 315 to pay the clerk for special duties in Comptroller's office.
'1 he Speaker ruled both amendments out of order, from which r'uling Mr. Moses appealed to the House, and the decision of the chair was sustained.
The amendment by the Senate was then concurred in. The next amendment was in the shape of an additional section, to be called section eighth. Mr. Colley called the previous question, and the call was sustained on the motion to disagree to the Senate amendment, and the main question was ordered. Mr. Davis called the yeas and nays, which call was not
~ustained.
The motion to disagree to the Senate amendment did not prevail.
The Senate amendment was then concurred in.

Mr. Phillips moved to suspend the rules to take up a certain Senate bill, which motion was laid on the table.

Mr. Black offered the following resolution, to-wit: A resolutionAuthorizing certain clerks to be paid full per diem. Agreed to.

On motion, the following Senate bill was taken from the table and read the second time, to-wit :
By Mr. BrewsterA bill to provide for the taking of testimony in certain cases, etc. Laid on the table.

A resolution in reference to a certain survey was read, and referred to the Finance Committee.

WEDNESDAY, FEBRUARY 21, 1877.

755

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:
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 acts, to-wit:
An act to incorporate the MJI!edgeville Manufacturing Company.
Also, an act to change and amend an act to limit and define the jurisdiction of the County Court of Elbert, in matters of debt, to extend and further define the jurisdiction of said court, and for other ,purposes therein named.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
The Committee on Enrollment report as duly enrolled, signed by the fpeaker of the House of Representatives, President of the Senate, and delivered to his Excellency the Governor, the following acts, to-wit:
An act to amend an act for the protection of the farmers of Charlton county, so as to embrace Camden county.
Also, an act to contract the corporate limits of Athens. Also, an act to regulate the pay of juries in the county of Oconee. Also, an act to amend the homestead laws of this State, approved February 26th, 1876.
Also, an act to amend section twenty of the charter of the city of Dalton, in relation to salaries of officers.
Also, an act to repeal an act to provide for the payment of certain insolvent costs in Clayton county, approved February 25th, 1875.
Also, an act to make the Tax Collectors of Mitchell

756

JOURNAL OF THE HousE.

and Colquitt co1mties ex-officio sheriffs in their respective counties, and for other purposes therein named.
Also, an act to require the Ordinary of Fulton county to take entire management and control, and pay the entire expense of, maintaining the Alms House in said county, and for other purposes.
Also, an act to prescribe how lunatics, idiots, epileptics and demented inebriates may be admitted into and discharged from the Lunatic Asylum-to make said asylum free to all the resident citizens of this State thus affected.
Also, an act to repeal an act to organize a Criminal Court in the counties of Marion, Talbot, Stewart and Chattahoochee, so far as rela!es to the county of Crawford.
Also, an act to effect the more speedy service of mesne process at law or in equity in this State, where the sheriff is a party or named as defendant, or when he is sick and unable to act, and has no deputy, and for other purposes.
Also, an act to repeal an act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, so far as the same relates to the county of Polk.
Also, an act to establish a system of public schools for the county of Rabun, and for other purposes.
Also, an act to repeal an act to regulate the sale of spir. ituous or 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, so far as relates to the city of Rome, in the county of Floyd.
Also, an act to amend an act to change the age of admission of deaf and dumb children to the privileges of the Georgia Institution for the Deaf and Dumb, and to extend the time of privilege.
Also, an act to amend an act to provide a county board

\VEDNESDAY, FEBRUARY 21, 1877.

757

of commissioners for the county of Mitchell, and to prescribe and define the powers and duties thereof.
Also, an act to authorize the Ordinary of the county of Mitchell to hire out prisoners confined in the jail of said county.
Also, an act to exempt licensed pilots from jury and road duty in the county of Camden.
Also, an act to facilitate the collection of tax executions. Also, an act to fix the per di'em pay of jurors in the counties of Baker and \Varren. Also, an act to exempt members of Hardwick Mounted Riflemen, a volunteer company in the county of Bryan, from road duty. Also, an act to reduce the sheriff's bond of Wilcox county to five thousand dollars. Also, an act to change the time of holding the Superior Courts in the county of Dodge, in the Oconee Circuit. Also, an act to abolish the County Court of Twiggs county, and for other purposes. Also, 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. Also, an act to amend an act to prevent the killing of deer, partridges and wild turkeys by shooting, trapping and other m~ans, in the counties of l\Iuscogee, Lincoln and Baldwin, and for other purposes. Also, an act to amend an act to create a County Court in each county of the State of Georgia, except certain counties mentioned, so as to make the clerk of the Superior Court the ex-officio clerk of the County Court, as to the county of Macon, and to prescribe his costs, and to more closely define the duties and fix the fees of the clerk of said County Court of Macon county. Also, an act to amend section 4, 784 of Irwin's Revised Code, which section prescribes the powers of the Mayor and aldermen of the city of Savannah over the private

758

JouRNAL OF THE HousE.

corporation know as the Savannah Fire Company, and for other purpose.
Also, an act to authorize and require the Ordinary of Fulton county to take entire management of the Alms house of Fulton county.
Also, an act to change the line between the counties of Fulton and Clayton.
Also, an act to consolidate, amenrl and supersede the several acts incorporating the town of Hamiltnn, in the county of Harris.
Also, an act to repeal an act to prohibit the sale of, by retail, spirituous liquors within the corporate limits of the town of Lawrenceville, or. within three miles of the court house of said county, and to regulate the sale of liquors in said corporation, and to prescribe penalties.
Also, an act to organize a Criminal Court for the county of Bartow, and to define its jurisdiction, and for other purposes.
Also, an act to provide for a vote of the people of Baker county on the question of the removal of the eourt houc;e in said county, and to make provisions for said removal, and for other purposes therein mentioned.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:
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 acts, to-wit:
An act to incorporate the town of ''The Rock," in the county of Upson, and to confer certain powers upon the Town Council.
Also, an act to change the county of Echols from the Brunswick Judicial Circuit to the Southern Circuit, and for other purposes.

WEDNESDAY, FEBRUARY 21, 1877.

759

Also, an act to prohibit the sale of intoxicating liquors, or alcoholic bitters, in quantities less than one gallon, within four miles of Villa Rica and Old Bethel and Pleasant Grove churches, in the sixth district in Carroll county, except in certain cases herein mentioned.
Also, an act to create a board of commissioners of ro'lds and revenue for the county of Calhoun, and to define the powers and dutie'> thereof.
Also, an act to require the Ordinary of Fulton county to furnish chambers for the Judge of the Superior Court of said county.
Also, an act to repeal an act to provide for a board of commissioners of roads and revenue for the county of Banks, to define their duties, and for other purposes therein named.
Also, an act to provide for the adjustment and payment of teachers' claims for the year 1871, in the counties of Gilmer, Whitfield, Butts, Union and Randolph.
Also, an act to incorporate the Augusta and Knoxville Railroad Company.
Also, an act to prohibit the sale of intoxicating liquors within two miles of Red Oak Church, in the county of Pike, and for other purposes.
Also, an act to repeal an act to fix the compensation of Tax Collectors, Tax Receivers, and Treasurers, and padi'em pay of jurors of the county of Washington.
Also, an act to incorporate the Dade Iron Manufacturing Company.
Also, an act to amend the charter of the city of Valdosta.
Also, an act to repeal an act to compensate the grand and petit jurors of Washington, Lincoln, Screven, Gordon and Hall counties, so far as the same relates to the county of Lincoln.
Mr. Payne, chairman of the Committee_on Enrollment, submitted the following report:

760

JOURNAL OF THE HOUSE.

iVlr. Speaker:
The Committee on Enrollment report as duly enrolled, and signed by the Speaker ofthe House of Representatives, President of the Senate, and delivered to his Excellency the Governor, the following acts, to-wit :
An act to charter the Georgia Land, Immigration and Navigati--n Company.
Also, an act to appoint Cuyler W. Hilliard, J. N. McQuague, Daniel Morrison, John W. Murray, V\'m. M. Denton and Randall Jordon, together with the Ordinary, as a board of county commisioners for the county of \Vare.
Also, an act to provide for the issuing and recording of orders on the treasurer of Spalding county.
Also, an act to amend section 1,431 of the Code of 1873, in reference to the sale of estrays.
Also, an act to repeal all laws and parts of laws authorizing the issue of land warrants under head-rights, from the Land Court of Camden county.
Also, an act to regulate the commissions of county treasurers in this State, so far as relates to the county of Bartow.
Also. an act to amend paragraphs 3 and 4 of section 7U8 of the Code, which exempts certain property from taxation.
Also, an act to authorize the payment of insolvent costs due Evan P. Howell, late solicitor of the Superior Court of Fulton county, and to require the Ordinary of said county upon certain times to levy a special tax, and have the same collected for said purposes.
Also, an act to repeal an act to create a County Court in each county in this State. except certain counties therein named, so far as applies to the county of Dodge.
Also, an act to incorporate the Atlanta Testing and :Mining Company, and for other purposes.
Also, an act to fix the compensation of Tax Collectors and Tax Receivers for the county of Milton.

WED::-IESDAY, FEBRUARY 21, 1877.

76l

Also, an act to incorporate the Auraria Hydraulic and Mining Company, of Lumpkin county.
Also, an act for the relief of G. W. Keith. Also, an act to be entitled an act to incorporate the Gwinnett Manufacturing Company. Also, an act to incorporate the Collins Manufacturing and Power Company, and to define the powers of the same Also, an act for the protection of deer, partridges and wild turkeys in the counties of Chatham and Bryan, and to make the killing or trapping of the same in said counties a penal offense during certain seasons of the year, so as to include Camden, Bartow, Putnam and Floyd counties, so far as it relates to the county of Floyd. Also, an act to define and establish the lines between the counties ofvVare and Coffee, and Clinch and Coffee. Also, an act to change the line between the counties of Madison and Clark ; also to change the lines between the counties of Habersham and Franklin. Also, an act to amend an act to create a board of commissioners of roads and revenue, for the county of Chattahoochee, to define their powers and duties, and for other purposes. Also, an act to abolish the County Court of Troup county, and for other purposes. Also, an act to require the sheriffs of this State to keep record of persons committed to jail, and for other purposes.
Also, an act to change the lines between the counties of Randolph and Stewart, so as to add lot No. 40 in the 19th district of originally Lee, now Stewart county.
Also, an act to alter and amend the road laws of this State, so far as relates to the counties of Houston and Monroe, to authorize the employment of convict labor, and to authorize the board of commissioners of said counties to provide the ways and means to carry into effect the provisions of this act.

762

JOURNAL OF THE HOUSE.

Also, a resolution appointing a committee to inquire into the state of business in the two houses.
Also, a resolution fixing the date for the election of Printer.
Also, an act to regulate the amount of bond to be given by the Tax Collector of Richmond county, and define his duties.
Also, an act to provide for the manner of tax sales by municipal corporations in this State.
Also, an act to authorize the City Council of Augusta to create a board of health for said city.
Also, an act to amend an act incorporating the Georgia Home Insurance Company.
Also, an act to authorize and empower the Mayor and council of Burke, Taylor county, Ga., to issue bonds, now outstanding against said town.
Also, an act to regulate the pay of jurors and bailiffs in the counties of Crawford and Pierce.
Also, an act to authorize the directors of Exchange Bank of Macon to reduce the capital stock of said bank.
Also, an act to repeal all laws and amendments to laws heretofore passed incorporating the city of Gainesville, to prescribe its limits, provide for a Mayor and aldermen, prescribe their powers and duties, and for other purposes.
Also, an act to incorporate the Fish-Trap Gold Mining Company.
Also, an act to authorize the Mayor and council of Macon to issue bonds and further amend the charter of said city.
Also, an act to establish a board of commissioners for the county of Columbia, and define the powers and duties thereof.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:

WEDNESDAY, FEBRUARY 21, 1877.

763

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 acts, to-wit :
An act to regulate the pay of jurors and bailiffs of the counties of Paulding. Polk, Haralson and Spalding.
Also, an act for the relief of James R. Johnson and others.
Also, an act to levy a tax for the support of the government for the year 1877, and provide for the collection of taxes due the State, and for other purposes therein mentioned.
Also, act to provide for the appointment of school trustees for the sub-districts of the counties, and to prescribe the duties of the same.
Also, an act to provide a form of government for the education of the deaf and dumb, and for other purposes.
Also, an act to organize a County Criminal Court in the county of Washington, and for other purposes.
Also, an act to amend the charter of the town of Perry. Also, a resolution authorizing the Governor to accept the surrender of the charter of Marine Bank of Georgia. Also, an act to authorize the City Council of Fort Gaines to rebuild the bridge across the Chattahoochee river, and for other purposes. Also, an act to change the time of holding the Superior Courts of Effingham, Forsyth and Cherokee. Also, an act to amend an act entitled an act to incorpo rate the town of Spalding, in the county of Macon, and for other purposes.
Also, an act to change the place of sheriff's sales of the county of McDuffie.
Also, an act to repeal an act to prevent the sale of spirituous liquors in and near the town of Kingston, in Bartow county, and for other purposes.

764

JouRNAL OF THE HousE.

Also, an act to reduce the sheriff's bond in the county of Webster.
Also, an act to pay John M. Sap!J, late sheriff of Chattahoochee county, insolvent costs.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker: The Committee on Enrollment report as signed by the
Speaker of the House of Representatives, President of the Senate, and ready for the signature of his Excellency the GovPrnor, the following acts, to-wit :
An act to be entitled an act to change the lines between Whitfield and Catoosa counties.
Also, an act to consolidate the offices of sheriff and Tax Receiver of the county of Greene, and to fix the time when the same shall take effect.
Also, an act to make the Tax Collector of Douglas county ex-officio county treasurer <>f said county, and for other purposes.
Also, an act to prevent persons from storing ruano or other <:ompounds within the corporate limits of Covington.
Also, an act to amend the 3, 654th section of the Code, relating to the sale of lands for purchase money where titles are not made.
Also, an act to incorporate the Hawkinsville Bank and Trust Company, and incorporate the Merchants' and Plantters' Bank of Talbotton, and for other purposes.
Also, an act to authorize and require the registration of all voters in the county of Camden, in this State.
Also, an act to amend an act to suppress the sale of spirituous liquors within two miles of the town of Jacksonville, and within two miles of Trinity and Fletcher Chapels, 3d district, Meriwether county, and to apply the

WEDNESDAY, FEBRUARY 21, 1877.

765

provisions of the same to the town of Woodbury, in the county of Meriwether.
Also, an act to prohibit the sale of spirituous liquors and intoxicating drinks within one mile of the Methodist Episcopal Church South, situated near Graysville, Catoosa county, and to provide the punishment for the same.
Also, an act to amend the 3, 654th section of the Code of Georgia, relative to the sale of land for purchase money when titles are not made.
Also, an act to prohibit the sale of spirituos or malt liquors within four miles of Lebanon Church, in the county of Macon.
Also, an act to establish a City Court for the city of Gainesville, prescribe its powers and jurisdiction, and for other purposes.
Also an act to empower the board of education of the county of Jefferson to submit the question of a tax for school purposes to the freeholders of the county, or any sub-district of the county, and to provide for the mode of doing the same.
Also, an act to fix the pay of Tax Receiver and Collector of Laurens county, and to consolidate the offices of County Treasurer and Clerk of the Superior Court of said county, and for other purposes.
Also, an act to repeal an act to regulate the sale of spirituous liquors in certain counties, so far as it applies to the county of Polk.
Also, an act to incorporate the Lawrenceville Branch Railroad Company, and for other purposes.
Also, an act to prohibit the sale of intoxicating liquors within three miles of the village of McLeon, in the county of Bulloch.
Also, an act to repeal an act to define the per dz'em pay of grand and special jurors of Emanuel county.
Also, an act to be entitled an act to pay the Western and Atlantic Railroad change bills.

766

JOURNAL OF THE HOUSE,

Also an act to change the line between the counties of Baker and Calhoun.
Also, an act to amend an act to create a County Court for the county o' Rockdale.
Also, an act to prevent persons from storing guano or other commercial fertilizers, within the corporate limits of the city of Covington, except at the depot and other houses near the depot, built for that purpose, when two or more persons interpose objections.
Also, an act to prohibit the imposition of more than firty per cent. upon the State tax for county purposes, on any account whatever, in the county of Jackson.
Also, an act to refund to the New England Life Insurance Company of Boston, Massachusetts, taxes collected by mistake, and for other purposes.
Also, an act to incorporate the Georgia Cornwall Copper Mining Company.
Also, an act to establish a board of commissioners for the county of Newton, and to define the powers and duties thereof.
Also, an act to prohibit the sale of spirituous liquors in the incorporate limits of the town of Sharpsburg, of the county of Coweta.
Also, on act for the relief of John G. Switzer, step-son of Leonard Finisterer, and son of Madeline Finisterer, deceased, and legal representative, and to prevent the estate of the said Leonard Finisterer from escheating to the State.
Also, an act to change the lines between the counties of Randolph and Calhoun.
Also, an act to prohibit the sale of spirituous and malt liquors within three miles of Pleasant Grove Church and Academy in Clayton county.

On motion, the House adjourned to 10 o'clock to-morrow morning.

THURSDAY, FEBRUARY 22, 1877.

767

ATLANTA, GEORGIA, THURSDAY, February 22, 1877. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll call was dispensed with.
Mr \Villis, chairman of the Committee on Journals, reported the Journal of yesterday, read, correct and approved.
The Journal was then read.
Mr. Hood moved to reconsider the bill requiring the transfer of certain cases from the Superior to the County Court of Miller county, which was lost on yesterday, which motion prevailed.
Mr. Hood also moved to reconsider the action of the House on the p.1ssage of the resolution in reference to the sale of the Macon and Brunswick Railroad.
Mr. Cox of Troup called the previous question. The call was sustained, and the main question ordered. Mr. Carlton called for the yeas and nays, which call was not sustained. The motion to reconsider was lost.
Mr. Kenr.on moved to reconsider so much of the Journal as related to the action of the House on yesterday in disagreeing to the Senate amendment to the appropriation act in reference to the contingent fund.
Pending the discussion of this question, the hour of 12 o'clock arrived, it being the hour fixed for the election of a State Printer.

768

JouRNAT. OF THE HousE

The Senate appeared in the hall of the House, and the General Assembly was called to order by the President of the Senate.

The President stated the object of the joint session to be the election of a State Printer.

l\fr. Kennon nominated Mr. James P. Harrison.

There being no other nominations, the Secretary of the Senate proceeded to call the roll, when the following members voted as follows ;

Those voting for Mr. Harrison are Messrs.-

Asbury, Biack, Brewster, Bryan, Bulloch, Cabaniss, Chastain,. Clifton, Cody, Cureton, Deadwyler,

England, Felton, Godfrey, Gamble, Harkness, Hopps, Hudson, McAfee, McDaniel, McDonald, McLeod,

Perry, Ragsdale, Reid, Rutherford, Staten, Shewmake, Wilcox, Wilson, W essalowski, Mr. President.

Harrison, 32 votes.

The Clerk then called the roll of the House.

Those voting for Mr. Harrison are Messrs.-

Adams of Chatham, Gresham,

Adams of Lee,

Guyton,

Allred,

Hammond,

Anderson,

Harden,

Atwood,

Harralson,

Awtry,

Hillyer,

Pol hill, Pope, Price, Puckett, Ragsdale, Rawlins,

THURSDAY, FEBRUARY 22, 1877.

769

Bacon of Liberty, Benson, Bennett, Black, Bloodworth, Blue, Born, Bowen, Branch, Brewer, Brown of Fayette, Bunts, Burch of Elbert, Candler, Carlton, Carter, Case, Causey, Cloud, Cochran, Corker, Cox of Troup, Davison, Davis of Bibb, Dozier of Harris, Dews, Duggar, Evans, Faircloth, Fletcher, Fortnt:r, Freeman, Fry, Grant, Gray, Green,

Hollis,

Reid of Morgan,

Hogan of Monroe, Reid of Putnam,

Hogan of Carroll, Reese,

Hood,

Richardson,

Humber,

Roberson,

Hutchins,

Robson,

James,

Roper,

Johnston,

Rouse,

Jones of Polk,

Russell,

Jordan of Hancock, Shaw,

Jordan of Pulaski, Sheffield of Early,

Kendrick,

Sikes,

Kennon,

Simms,

Key,

Smi.h of Oglethorpe,

Knox,

Smith of Walton,

Leach,

Smith of Tatnall,

Matthews of Pike, Smith of Butts,

Matthews of Talbot, Stanford,

McAfee,

Stewart of Taylor,

McDonald,

Stewart of Milton,

Mcintyre,

Stewart of Spalding,

Miller,

Stokely,

Mobley,

Strickland,

North,

Taylor,

Northen,

Turner,

Otti~,

Walton of Burke,

Owenby,

Walton of Haralson,

Peacock,

Walsh,

Payne,

Wall,

Paul,

Wilkes,

Peek,

Whittle,

Phillips of Carroll, Wilson,

Phillips of Cobb, Wooldridge,

Pickett of Rabun, Wolihin,

Pickett of Gilmer, Wilcox,

Pilcher,

Mr. Speaker.

Mr. Williams voted for Mr. Hemphill.
49

770

JOURNAL OF THE HOUSE.

Mr. Davis of Houston voted for Mr. Ham.

Harrison, 160. Hemphill, 1. Ham, 1.

Upon consolidating the vote, it appeared that Mr. James P. Harrison had received 192 votes, Mr. 'vV. A, Hemphill 1 vote, and Mr. H. W. J. Ham 1 vote.
Mr. Harrison having received a majority of all the votes cast, was declared elected.

On motion of Senator McDaniel, the Senate then retired to their chamber.

The House then resumed the consideration of the motion to reconsider the action of the House on the Senate amendment in reference to the contingent fund.
Mr. Cox of Troup called the previous question ; the call was sustained, and the ma;n question ordered.
The motion to reconsider prevailed. Mr. McDonald of Ware then called up his motion to reconsider the action of the House, upon the resolution offered by Mr. BL1ck, and agreed to last night, in reference to the pay of certain clerK:s. Mr. Turnbull moved to lay the motion to reconsider upon the table, which motion prevailed. Mr. Hood moved to reconsider the bill number 72, which motion was laid on the table.

The House then took up the Appropriation Bill, and the Senate amendment disagreed to on yesterday, in reference to the contingent fund, and which had been reconsidered.
Mr. Turnbull moved to concur in the Senate amendment .
.Nlr. Hood called the previous question, which call was

THURSDAY, FEBRUARY 22, 1877.

771

sustained, the main question ordered, and the Senate amendment was concurred in.

Mr. Hammond moved that the rules be suspended to take up the following Senate bill, to-wit:
A bill to amend the Constitution of this State. The motion prevailed. Mr. Hood called for the call of the roll, and the same was had, with the following result:
Those present were Messrs.-

Adams of Chatham, Gray,

Puckett,

Almon,

Green,

Ragsdale,

Allred,

Gresham,

Rawlins,

Atwood,

Guyton,

Reid of Morgan,

Awtry,

Hammond,

Reid of Putnam,

Bacon of Liberty, Harden,

Reece,

Benson,

Harralson,

Roberson,

Black,

Hillyer,

Robson,

Bloodworth,

Hollis,

Rouse,

Blue,

Hood,

Russell,

Born,

Hutchins,

Scruggs,

Bowen,

James,

Shaw,

Branch,

Johnston,

Sheffield of Early,

Brewer,

Jones of Polk,

Sikes,

Bunts,

Jordan of Hancock, Smith of Oglethorpe,

Burch of Elbert, Key,

Smith of Walton,

Callaway,

Knox,

Smith of Butts,

Candler,

Matthews of Pike, Stanford,

Carlton,

Matthews of Talbot, Stewart of Taylor,

Carter,

McAfee,

Stewart of Milton,

Case,

McDonald,

Stewart of Spalding,

Causey,

Mcintyre,

Strickland,

Cloud,

Miller,

Taylor,

Cochran,

Moses,

Thomas,

Colbert,

North,

Tumlin,

Colley,

Northen,

Turner,

Cox of Troup,

Owenby,

Turnbull,

772

} OURNAL OF THE HousE.

Davison, Davis of Bibb, Davis of Houston, Dozier of Harris, Duggar, Faircloth, Fletcher, Fortner, Frederick, Freeman, Fry, Grant,

Peacock,

Walton of Burke,

Payne,

Walton of Haralson,

Paul,

Walsh,

Peek,

Wise,

Perkins,

Willis,

Phillips of Carroll, Whittle,

Phillips of Cobb, Wilson,

Pickett of Rabun, Wooldridge,

Pickett of Gilmer, Williams,

Polhill,

Wolihin,

Pope,

Wilcox,

Pr;ce,

Mr. Speaker

Those absent were Messrs.-

Adams of Lee,

Goodrum,

Mobley,

Anderson,

Harrell,

Moore,

Bennett,

Hogan of Monroe, Murray,

Brockett,

Hogan of Carroll, Ott is,

Brown of Upson, Hughes,

Pearson,

Brown of Fayette, Humber,

Penn,

Burch of Thomas, Jones of McDuffie, Pilcher,

Collins,

Jordan of Pulaski, Richardson,

Corker,

Kendrick,

Roper,

Cox of Bryan,

Kennon,

Sheffield of Miller,

Davis of Stewart, Kimsey,

Simms,

DeLoach,

Kirby,

Smith of Echols,

Dews,

Lang,

Smith of Tatnall,

Dozier of Quitman, L.each,

Stokely,

Dudley,

Mallette,

Vick,

Duke,

Marshall,

Wade,

Evans,

Maund,

Wall,

Fort,

Me Gar,

Wilkes,

Glover of Twiggs, McRae,

Willingham.

Glover of J ont>s,

Present, 125. Absent, 54. Total, 175.

THURSDAY, FEBRUARY 22, 1877.

773

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following bills of the House of Representatives, which I am directed to transmit forthwith. to-wit:
A bill to fix and limit the time within which acts passed and joint resolutions adopted by the General Assembly during its present session, may be signed by the President of the Senate and Speaker of the House of Representatives.

The bill to amend the Constitution of this State was thea taken up and read.
Mr. Moses called the previous question. The call was sustained, and the main question 'Ot'dered on the passage of the bill. This being a bill requiring the call for the yeas and nays, the same was had, and the result was as follows:

Those voting in the affirmative are Messrs.-
'

Adams of Chatham, Guyton,

Pope,

Almon,

Hammond,

Price,

Alln;d,

Harden,

Puckett,

Atwood,

Harralson,

Ragsdale,

Anderson,

Hillyer,

Rawlins,

Awtry,

Hollis,

Reid of Morgan,

Benson,

Hogan of Carroll, Reid of Putnam,

Black,

Hood,

Reece,

Bloodworth,

Humber,

Richardson,

Born, Bowen,

Hutchins, James,

Roberson, Robson,

Branch,

Johnston,

Burch of Elbert, Jones of Polk,

Roper, Rouse,

Callaway,

Jordan of Hancock, Russell,

Candler, Carlton,

Kendrick, Kennon,

Scruggs, Shll.w,

774

JouRNAL oF THE HousE.

Carter, Case, Causey, Cloud, Cochran, Colbert, Colley, Corker, Cox of Troup, Davison, Davis of Houston, Dozier of Harris, Duggar, Evans, Faircloth, Fletcher, Fortner, Frederick, Freeman, Fry, Grant, Gray, Green, Gresham,

Key,

Sheffield of Early,

Knox,

Sikes,

Matthews of Pike, Smith of Oglethorpe,

Matthews of Talbot, Smith of Walton,

McAfee,

Smith of Butts,

McDonald,

Stanford,

Mcintyre,

Stewart of Taylor,

McRae,

Stewart of Milton,

Miller,

Stewart of Spalding,

Moses,

Stokely,

North,

Strickland,

Northen,

Taylor,

Owenby,

Thomas,

Peacock,

Tumlin,

Payne,

Turner,

Paul,

Walton of Burke,

Peek,

Walton of Haralson,

Perkins,

Wise,

Phillips of Carroll, Willis,

Phillips of Cobb, Wilson,

Pickett of Rabun, Wooldridge,

Pickett of Gilmer, Williams,

Pilcher,

W olihin,

Polhill,

Wilcox.

Those voting in the negative are Messrs.-

Adams of Lee,

Blue,

Bacon of Liberty, Bunts,

Walsh, Whittle.

Those not voting are Messrs.-

Bennett, Brewer, Brockett, Brown of Upson, Brown of Fayette, Burch of Thomas, Collins,

Glover of Twiggs, Glover of Jones, Goodrum, Harrell, Hogan of Monroe, Hughes, Jones of McDuffie,

Mobley, Moore, Murray, Ottis, Pearson, Penn, Sheffield of Millerp

THURSDAY, FEBRUARY 22, 1877.

77.5

Cox of Bryan,

Jordan of Pulaski, Simms,

Davis of Bibb,

Kimsey,

Smith of Echols,

Davis of Stewart, Zirby,

Srnith of 'l'atnaU,

DeLoach,

Lang,

. Turnbull,

Dews,

Leach,

Vi0k,

Dozie~; of Quitman, Mal!ette,

Wade,

Dudley,

Marshall,

Wall,

Duke,

Maund,

Wilkes.

Fort,

McGar,

Willingham.

Yeas, 120.

Nays, 6.

Not voting, 58.

So the bill was passed by the requisite two-thirds majority.

Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:

Mr. SpeakeP':

The Committee on Enrollment report as duly enrolled

and ready for the signature of the Speaker of the House

of Representatives, the following act, to-wit:

An act to fix and limit the time within which acts passed,

and joint resolutions adopted, by the General Assembly

of this State, during its present session, may be signed by

the President of the Senate and Speaker of the House of

Representatives.

vV. w. PAYNE, Chairman.

The following message was received from his Excellency the Governor, through Mr Avery, his secretary.
JI!Ir. ~peaker: I am directed by his Excellency the Governor to deliver
to the House of Representatives a communication in writing.

776

} OURNAL OF THE HOUSE.

Mr. Hood moved to take up the message of his Excellency the Governor, which motion prevailed, and the message was read as follows, to-wit:
ExECUTIVE DEPARTMENT, ATLANTA, GA., February 22, 1877.
To tlze House oj Representatives: I have the honor to submit the following reply to your
resolution calling upon me to inform the House, ' whether, since the passage of t:1e tax act of this ses-
sion, any estimate has been made of the amount of money that will be re-i_uired to be borrowed to make up any deficiency in meeting the current obligations and expenses of the State, the amount of said deficit, and whether the same is likely to be permanent or temporary; also, what means he has of providing for the same."
From the official scurces of information, including the estimate submitted by the Treasurer previous to the passage of the tax act of this sessi011, and confirmed by him since its passage, the sum of $525,000 is the approximated amount of money that will be required to be borrowed to make up the deficiency in meeting the current obligations and expenses of the State. This sum will be increased by the expense of a Constitutional Convention, if one should be held, and by the excess of special appropriations over the regular estimate.
This sum will also be over and above the amount which will be derived by the present rate of taxation, and of course must be raised by the resort to temporary loans.
This debt, which is in excess of the current expenses of the State, must be regarded as fixed and of indefinite duration, unless the rate of taxation shall be increased, or present values be enhanced, by which a sinking fund will be provided. With the present increasing depreciation of property we may seriously doubt if the rate of taxation now imposed will provide for the current expenses of the

THURSDAY, FEBRUARY 22, 1877.

777

government, and the accruing interest and principal of our public debt. The alternative presented to us is either increased taxation, or a resort, as heretofore, to temporary loans, which affords relief only for the time. Indeed, under the necessities of the case, the State government at the beginning of each year for several years has been met with this deficiency, varying slightly in amonnt, and which is now upon us, which it has been the practice to carry by temporary loans during the spring and summer, for six or eight months, and then pay in the fall out of the incoming tax receipts needed for the current expenses.
ALFRED H. COLQUITT.

Mr. Kennon offered the following resolution under a suspension of the rules, to-wit:
Resolved by tlze House, the Senate concurring, That his Excellency, the Governor, be and he is hereby authorized to effect temporary loans for the year 1877, not to exceed in amonnt five hundred thousand dollars, for the purpose of providing means with which to pay the public debt and necessary expenses of the government, and in order to obtain said loans upon advantageous terms, and to secure the payment of the same, he is hereby authorized to pledge so much of the taxes of the State, as also the net earnings of the vVestern and Atlantic Railroad, as may be necessary.
Promded, nothing contained in this resolution shall be so construed, as to authorize the Governor to divert any portion of the revenue of the State heretofore pledged from the purposes for which the same has been and is now directed to be paid.
Agred to.
Mr. Walsh moved to suspend the rules and take up a resolution in reference to the payment of certain claims of F. L. Sneed, attorney at law, which motion prevailed, and the resolution was read.



7i8

JouRNAL OF THE HousE.

Mr. Jordan of Hancock moved to indefinitely postpone the resolution.
Mr. vVolihin called the previous question, which call was sustained and the main question ordered.
Mr. Davis of Houston called for the yeas and nays on the motion to indefinitely postpone, which call was sustained, and the result was as follows:

Those voting in the affirmative are Messrs.-

Almon, Allred, Bennett, Bloodworth, Bowen, Branch, Case, Cloud, Davison, Davis of Houston, Dozier of Harris, Duggar, Fletcher, Fortner, Frederick, Freeman, Grant, Gray, Gresham, Rarden, Harrell,

Harralson,

Ragsdale,

Hogan of Carroll, Rawlins,

Humber,

Reid of Morgan,

Jordan of Hancock, Reece,

Kendrick,

Robson,

Marshall,

Roper,

Matthews of Pike, Rouse,

Mamd,

Scruggs,

McDcnald,

Shaw,

Mcintyre,

Sikes,

Me Gar,

Smith of Walton,

North,

Sm~th of Butts,

Northen,

Stewart of Taylor,

Ow<"nby,

:::ltokely,

Peacock,

Taylor,

Paul,

Thomas,

Perkins,

"\Valton of Burke,

Phillips of Carroll, Walton of Haralson,

Pickett of Rabun, Willis.

Pickett of Gilmer,

Pilcher,

Those voting in the negative are Messrs.-

Adams of Chatham, Green,

Adams of Lee,

Guyton,

Black,

Hollis,

Blue,

Hollis,

Born,

Hood,

Pope, Price, Reid of Putnam, Richardson, Russell,

THURSDAY, FEBRUARY 22, 1877.

779

Bunts, Callaway, Candler, Carlton, Cochran, Cox of Troup, Davis of Bibb, Fort, Fry,

James, Jones of Polk, Kennon, Key, Knox, Miller, Ottis, Payne, Phillips of Cobb,

Sheffield of Early, Simms, Tumlin, Walsh, Whittle, Wilson, Wolihin.

Those not voting are Messrs.-

Anderson,

Glover of Twiggs, Penn,

Atwood,

Glover of Jones, Polhill,

Awtry,

Goodrum,

Puckett,

Benson,

Hammond,

Robinson,

Brewer,

Hillyer,

Sheffield of Miller,

Brockett,

Hogan of Monroe, Smithof Oglethorpe,

Brown of Upson, Rughes,

Smith of Echols,

Brown of Fayette, Hutchins,

Smith of Tatnall,

Burch of 'I'homas, Johnston,

Stanford,

Rurch of Elbert, Jones of McDuffie, Stewart of Milton,

Carter,

Jordan of Pulaski, Stewart of Spalding,

Causev,

Kimsey,

Strickland,

Colbert,

Kirby,

Turner,

Colley,

Lang,

Turnbull,

Collins,

Leach,

Vick,

Corker,

Mallette,

Wade,

Cox of Bryan,

Matthews of Talbot, Wall,

Davis of Stewart, McAfee,

Wise,

DeLoach,

McRae,

Wilkes,

Dews,

Mobley,

Wooldridge,

Dozier of Quitman, Moore,

Williams,

Dudley,

Moses,

Willingham,

Duke,

Murray

Wilcox.

Evans,

Pearson,

Faircloth,

Peek,

780

JOURNAL OF THE HoUSE.

Yeas 62. Nays 38. Not voting 54.

So the motion to indefinitely postpone prevailed.

Mr. Carlton, chairman of the Committee on Finance, submitted the following report :

Mr. Speaker:

The Committee on Finance have had under considera-

tion the following resolution of the Senate, which they

recommend do pass, to-wit:

A resolution-

Concerning a tract of 366,720 acres of land, in Southern

Georgia, and to direct the Governor to have the same sur-

veyed.

W. H. CARLTON, Chairman.

The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary, to-wit:
ll:!r. Speaker: His Excellency the Governor has signed the following
acts, to-wit: An act to organize a Criminal Court for the county of
Bartow and to define its jurisdiction, and for other purposes.
Also, an act to change the place of sheriff sales in the county of McDuffie.
Also, an act to require the Ordinary of Fulton county to furnish chambers for the Judge of the Superior Court of said county.
Also, an act to provide for the adjustment and payment of teachers' claims for the year 1871 in the counties of Gilmer, Whitfield, Butts, Union and Randolph.
Also, an act to amend an act to prohibit the sale of intoxicating liquors, or alcoholic bitters, in quantities less

THURSDAY, FEBRUARY 22, 1877.

781

than one gallon within four miles of Villa Rica, and Old Bethel and Pleasant Grove churches, in the sixth district, in Carroll county, except in certain cases herein specified, approved February 26th, 1874.
Also, an act to amend an act entitled an act to incorporate the town of Spalding, in the county of Macon, and to confer upon the citizens of said town certain powers and privileges therein contained, approved March 16th, 1869.
Also, an act to prevent fishing in the waters of Worth county with seins, gill nets, or otherwise, except as hereinafter provided.
Also, an act to repeal an act to prevent the sale of spir ituous liquors in and near the town of Kingston, in Bartow county, and to repeal an act to regulate the sale of spirituous liquors within certain counties of the State, so far as the same relates to the city of Dalton, approved February 26th, 1875.
Also, an act to change the time of holding the Superior Courts of the counties of Effingham, Forsyth and Cherokee.
Also, an act to incorporate the Georgia Chemical Works. Also, an act to change the county of Echols from the Brunswick Judicial Circuit to the Southern Circuit, and fur other purposes. Also, an act to amend the charter of the town of Valdosta so as to change the time of holding the elections for Mayor and aldermen of said town. Also, an act to incorporate the Dade Iron Manufacturing Company of Georgia. Also, an act to pay John M. Sapp, late sheriff of Chattahoochee county, insolvent cost. Also, an act to amend the charter of the town of Perry. Also, an act to to repeal an act to compensate the grand and petit jurors of Washington, Lincoln, Screven, Gordon and Hall counties, approved February 11, 1854, so far as the same relates to the county of Lincoln. Also, an act to prohibit the sale of intoxicating liquors

782

JouRNAL OF THE HousE.

within two miles of Red Oak Church, in the county of Pike, and also within two miles of Providence Church, within the county of Spalding.
Also, an act to authorize the City Council of Fort Gaines to rebuild the bridge across the Chattahoochee river at Fort Gaines; to issue bonds for that purpose, as hereinafter directed ; to submit to the freehold voters of said city the question of the issue of bonds to aid in building said bridge, and to levy a tax for the payment of the same.
Also, an act to provide for the appointment of school trustees for the sub-districts of the counties, and to prescribe the duties of the same.
Also, an act for the relief of James R. Johnson, and others.
Also, an act to create a board of commissioners of roads and revenue for the t:ounty of Calhoun, and to define the powers and duties thereof.
Also, an act to organize a County Criminal Court for the county of vVashington, and for other purposes.
Also, an act to incorporate the town of The Rock, in the county of Upson, and to confer certain powers upon the town council of said town.
Also, an act to repeal an act entitled an act to fix the compensation of Tax Collector, Tax Receiver and county trea;,urer, and the per diem pay of jurors, in the county of Johnson, approved February 28, 1876, so far as it affects the aforesaid officers and jurors in the county of Washington.
Also, an act to reduce the sheriff's bond of the county of Webster.
Mr. Payne, chairman of the Committee on Enrollment, submitted the following report:

Mt. Speaker: The Committee on Enrollment report as duly enrolled,

THURSDAY, FEBRUARY 22, 1877.

783

and ready for the signature of the Speaker of the House of Representatives, the following acts, to-wit :
An act to be entitled an act to change the line between the counties of Whitfield and Catoosa.
Also, an act to consolidate the offices of sheriff and Tax Receiver, in the county of Greene, acd to fix the time when the same shall take effect.
Also, an act to make the Tax Collector of Douglas county ex-officio county treasurer of said county, and for other purposes.
Also, an act to prevent persons from storing guano, or other compound, within the corporate)imits of Covington.
Also, an act to amend the 3, 654th section of the Code, relative to the sale 0f land for purchase money, where titles are not made.
Also, an act to establish a City Court for the city of Gainesville, prescribe its powers and jurisdiction, and for other rurposes.
Also, an act to empower the board of education of the county of Jefferson to submit the question of a tax for school purposes to the freeholders of the county, or any sub-district of the county, and to _provide for the mode of doing the same.
Alsu. an act to fix the pay of Tax Receiver and Collector of Laurens county, and to consolidate the offices of county treasurer and cierk of the Superior Court of said county, and for other purposes.
Also, an act to repeal an act to regulate the sale of spirituous liquors in certain counties, so far as it applies to the county of Polk.
Also, an act to incorporate the Lawrenceville Branch Railroad Company, and for other purposes.
Also, an act to prohibit the sale of intoxicating liquors within three miles of the village of Mount Zion, in the county of Hancock.

784

JouRNAL oF THE HousE.

Also, an act to repeal an act to define the per diem pay of grand and special jurors of Emanuel county.
Also, an act to be entitled an act to pay the Western and Alantic railroad change bills.
Also, an act to change the lines between the counties of Baker and Calhoun.
Also, an act to amend an act to create a County Court for the county of Rockdale.
Also, c.n act to prevent persons from storing guano or other commercial fertilizers within the corporate limits of the city of Covington, except at the depot and the houses near the depot built for that purpose, when two or more persons interpose objections.
Also, an act to prohibit the imposition of more than fifty per cent. upon the State tax, for county purposes, on any account whatever, in the county of Jackson.
Also, an act to incorporate the Hawkinsville Bank and Trust Company, and to incorporate the Merchants and Planters' Bank of Talbotton, and for other purposes.
Also, an act to authorize and require the registration of all voters in the county of Camden, in this State.
Also, an act to amend an act to suppress the sale of spirituous liquors within two miles of the town of Jacksonville, and within two miles of Trinity and Fletcher chapels, third district, Meriwether county, and to apply the provisions of the same to the town of Woodbury, in the county of Meriwether.
Also, an act to prohibit the sale of spirituous liquors and intoxicating drinks \\ ithin one mile of the Methodist Episcopal Church, South, situated near Graysville, Catoosa county, and to provide the punishment for the same.
Also, an act to amend section 3654 of the Code of Georgia, relative to the sale of land for purchase money, when titles are not made.
Also, an act to prohibit the sale of spirituous or malt

THURSDAY, FEBRUARY 22, 1877.

78-5

liquors within four miles of Lebanon Church, in the county of Macon.
Also, an act to refund to the New England Life Insurance Company of Boston, Massachusects, taxe::; c0llected by mistake, and for other purposes.
Also, an act to incorporate the Georgia Cornwall Copper Mining Company.
Also, an act to establish a board of commissioners for the county of Newton, and to define the powers and duties thereof.
Also, an act to prohibit the sale of spirituous liquors in the incorporate limits of the town of Sharpsbvrg, of the county of Coweta.
Also, an act for the relief of John G. Switzer, step-son of Leonard Finisterer, and son of Madeline Finisterer, deceased, and his legal representative, and to prevent the estate of the said Leonard Finisterer from escheating to the State.
Also, an act to change the lines between the counties of Randolph and Calhoun.
Also, an act to prohibit the sale of spirituous and malt liquors within three miles of Pleasant Grove Church and Academy, in Clayton county.
Also, an act to prescribe the conditions on which the State will assent to the holding of land in this State, by foreign corporations, and corporations incorporated by the laws of other States.

Leave of absence was granted Messrs. Jones of McDuffie, Brown of Fayette, McGar, Fletcher and Paul.

On motion the House adjourned to 3. :~0 o'clock,.
50

786

JouRNAL oF THE HouSE.

AFTERNOON SESSION.
3:30 o'CLOCK..
The House reassembled, and was called to orrler by the Speaker.
The roll was called, and a quorum found to be present.
Mr. Hood asked a suspension of the rules to allow him to introduce a set of resolutions, which motion prevailed, and the resolutions were read and adopted, and ordered transmitted to the Senate.
The regular order, being the reading of Senate bills the third time, was taken up, and the following bills were read and disposed of, to-wit:
By Mr. DeadwylerA bill to amend the several acts incorporating the town of Jefferson. Passed. By Mr. ReeseA bill to amend section 4712 of the Code. Passed. Also, a bill to protect shippers of merchandise and travelers from loss, injury, &c., by the illegal conduct of railroad employees. Laid on the table. By Mr. BlackA bill to amend article J, part 1, title 11 of the Code. Passed.
The following message- was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker: The Senate has passed the following bills of the House

THURSDAY, FEBRUARY ~2. 1877.

787

of Representatives, and I am directed to transmit the same

forthwith, to-wit:

A bill to provide for the drainage of Chatham county, so

as to protect the State from epidemics of yellow fever, and

other diseases, and for other purposes.

By Mr. Cureton-

A bill to extend the jurisdiction of Justices of the Peace

in certain counties.

A mended and passed.

By Mr. Freeman-

A bill to amend the County Court laws in the county of

Habersham.

Passed.

,

By Mr. McDaniel-

A bill to incorporate the Covington Savings Bank.

This being a bill requiring the call ofthe yeas as nays on.

its passage, the same was had, and the result was as

follows:

Those voting in the affirmative are Messrs.-

Adams of Chatham, Green,

Puckett,

Adams of Lee,

Gresham,

Ragsdale,

Almon,

Hillyer,

Rawlins,

Allred,

Hollts,

Reid ot Morgan,

Anderson,

Hogan of Carroll, Reid of Putnam,

Atwood,

Hood,

Reece,

Awtry,

Humber,

Robson,

Bacon of Liberty, James,

Roper,

Black,

Johnston,

Rotse,

Bloodworth,

Jones of Polk,

Russell,

Blue,

Jordan of Hancock, Shaw,

Bowen,

Key,

Sheffield of Early,

Branch,

Knox,

Sikes,

Brewer,

Marshall,

Simms,

Bunts,

Matthews of Pike, 5mtth of Oglethorpe,

Burch of Elbert, Matthews of Talbot, Smith of Walton,

Carlton,

Maund,

Smith of Butts,

Case,

McAfee,

Stanford,

788

}OL'RNAL OF THE HousE.

Cloud, Cochran, Colbert, Colley, Cox of Troup, Davison, Faircloth, Fletcher, Fort, Fortner, Frederick, Freeman, Fry, Grant, Gray,

McDonald,

Stewart of Taylor,

.v1clntyre,

Stewart of Milton,

McGar,

Stewart of Spalding,

Mobley,

Strickland,

Moses,

Taylor,

North,

Thomas,

Northen,

Tumlin,

Ott is,

Walton of Burke,

Owenby,

Wal;h,

Peek,

Wail,

Perkins,

Wise,

Phillips of Carroll, Willis,

Polhill,

Whittle,

Pope,

Wolihin.

Those voting in the negative are Messrs.-

Bennc;tt,

Stokdy.

Those not voting are Messrs.-

Benson, Born, Bruckett, Brown of Upson, Brown of Fayette, Burch of Thomas, Callaway, Candler, Carter, Causey, Collins, Corker, Cox of Bryan, Davis of Bibb, Davis of Houston, Davis of Stewart, DeLoach, Dozier of Harris,

Glover of Jones, Goodrum, Guyton, Ha11mond, Harden,
H~rrell,
Harralson, Hogan of Monroe, Hughes, Hutchins, jones of McDuffie, Jordan of Pulaski, Kendrick, Kennon, Kimsey, Kirby, Lang, Leach,

Paul, Pearson, Penn, Phillips of Cobb, Pickett of Rabun, Pickett of Gilmer, Pilcher, Price, Richardson, Roberson, Scruggs, Sheffield of Miller, Smith of Echols, Smith of Tatnall, Turner, Tu-nbull, Vick, \Vade,

THURSDAY, FEBRUARY 22, 1877.

789

Dozier of Quitman, :Mallette,

Dudley,

McRae,

Duggar,

Miller,

Duke,

Moore,

Dews.

Murray,

Evans,

Pe'l.cock,

Glover of Twiggs, Payne,

Yeas, 97. Nays, 2. Not voting, 75.

Walton of Haralson, Wilkes, Wilson, Wooldridge, Williams, Willingham, Wilcox.

So the bill was passed by the requisite two-thirds m3.jority.

By Mr. \NessalowskiA bill to regulate practice in the Supreme Court of Georgia. Amended and passed. By Mr. ReeseA bill to provide for the appointment of sub-school trustees. By Mr. BlackA bill to allow persons to sell domestic wme.> without license. Passed. By Mr. LesterA bill to regulate the law of insurance in this State.

Mr. Moses made a point of order that this bill had not been read a second time, and was, therefore, not in order for a third reading.
The Speaker held that, as this point was disputed, and the point involved a question of fact, he would not decide it as.a point of order, but leave it to the House on the passage of the bill.
Mr. Jame:> moved to lay the bill on the table, which motion did not prevail.

790

JouRNAL OF THE HousE.

Mr. Davis of Houston called the previous question, which call was sustained, and m:tin question ordered.
Twenty minutes each were allowed the introducer of the bill and the Committee on Finance to close the debate.
Mr. Whittle called the previous question; the call was sustained, and the main question ordered.
The adverse report of the committee was disagreed to. Mr. Adams called for the yeas and nays, which call was withdrawn. Mr. V.Talsh called for the yeas and nays on the passage of the bill, which call was not sustained. Mr. Walsh demanded a verification of the vote, by a call of the yeas and nays, which motion was not sustained. Mr. Carlton asked for the call of the roll. Mr Fry moved that the roll-call be dispensed with, which prevailed. The bill was then passed. Mr. \\'alsh moved to reconsider the action of the House on the bill. Mr. Adams moved to lay the motion to reconsider on the table, on which motion Mr. Carlton called the yeas and nays, which call was sustained, and the result was as follows: Those voting in the affirmative are Messrs.-

Adams of Chatham, Jordan of Pulaski, Reece,

Anderson,

Kendrick,

Robson,

Atwood,

Kennon,

Rouse,

Bennett,

Knox,

Russell,

Blood worth,

Marshall,

Scruggs,

Brewer,

Matthews of Talbot,Sikes,

Cloud,

McAfee,

Simms,

D:tvison.

.Mobley,

Smith of Butts,

Davis of Bibb,

Owenby,

Stanford,

D.lVis of Stewart, Peacoc:-,

Stewart of Spalding,

Fletcher,

Payne,

Strickland,

Fort,

Paul,

Taylor,

THURSDAY, FEBRUARY 22, 1877.

791

Frederick, Harden, Hollis, Hogan of Carroll, Hood, Humber.

Peek, Price, Puckett. Ragsdale, Rawlins, Reid of Morgan,

Willis, Williams, Wolihin, Wilcox.

Those voting in the negative are Messrs.-

Adams of Lee, Almon Allred, Bacon of Liberty, Black, Blue, Born, Bowen, Branch, Bunts, Carlton, Carter, Causey, Colbert, Cox of Troup, Davis of Houston, Evans, Freeman,

Fry,

Pilcher,

Grant,

Pol hill,

Green,

Pope,

Gresham,

Sheffield of Early,

Guyton,

Smith of 0 6lethorpe,

Hillyer,

Smith of Walton,

Hutchins,

Stewart of Taylor,

James,

Stewart of Milton,

Johnston,

Stokelv,

Jones of Polk,

Thomas,

Jordan of Hancock, Walsh,

Matthev.s of Pike, Wise,

McGar,

Wilkes,

Miller,

Whittle,

Moses,

Wilson,

Phillips of Carroll, Mr. Speaker,

Phillips of Cobb,

Pickett of Rabun.

Yeas 52. Nays 52.
On this motion, the yeas being 52 and nays 51, the Speaker voted "no," which made a tie, and the affirmative failing, the motion to lay on the table did not prevail.
The previous question was called. The call was sustained, and the main question ordered, which was on the motion to reconsider. The motion to reconsider did not prevail.
By Mr. McLeod-

792

JouRNAL OF THE HousE.

A bill to incorlJorate the Herndon and Swainsboro Rail road Company.
Amended and passed. By Mr. MattoxA bill to appoint a timber inspector on St. Mary's river. Passed. By Mr. WilsonA bill to encourage the building of mills, etc., on the Connesauga river. Pa<>sed. By Mr. HowellA bill for the relief of Thomas Kyle. Passed. By Mr. PerryA bill to regulate the pay of Tax Receiver and Collector in the county of Calhoun. Passed.

The following message was received from the Senate through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following bills of the House of Representatives to-wit:
A bill to repeal an act to create a board of roads and revenue, public buildings and finance, for the county of
vV a s h i n g t o n .
Also, a bill to exempt certain members of the Screven Troop from jury and road duty.
Also, a bill to change the lines between the counties of Montgomery and Telfair.
Also, a bill to amend section 4845 of the Revised Code. Also, a bill to prohibit the sale of spirituous liquors within certain limits in the county of DeKalb. Also, a bill to prohibit the sale of spirituous liquors within three miles of the town of Clarkesville.

THURSDAY, FEBRUARY 22, 1877.

793

Also, a bill to change the lines between the counties of Floyd and Gordon.
Also, a bill to prescribe the method of granting licenses to sell spirituous liquors in the county of Pulaski.
Also, a bill to regulate and control certain convicts in the county of Bibb.
Also, a bill to repeal an act to regulate the pay of grand, traverse and County Court jurors for the county of Laurens and the county of Cobb.
Also, a bill to alter and amend section 1, 203 of the Code.
Also, a bill to prohibit the sale of spirituous liquors within one mile of the court house at Hiwassee, in the county of Towns.
Also, a bill to repeal an act to create a board of commissioners for the county of Jackson.
Also, a bill to amend the charter of the city of Americus.
Also, a bill to change the times of holding the Superior Courts in the counties of Meriwether, Campbell and Fayette.
Also, a bill to amend the charter of the city of Greensborough.
Also, a bill to organize a Criminal Court in the county of Effingham.
Also, a bill to re-enact an act to grant certain privileges and powers to the Griffin Light Guards, and other companies, so far as the same relates to the Sumter Light Guards, of Americus.
Also, a bill to amend the charter of the town of St. Marys.
Also, a bill to require emigrant agents to pay a tax of five hundred dollars in each county where they carry on the business of soliciting emigrants to leave the State.
Also, a bill to amend the charter of the city of Dawson; Also, a bill to repeal an act to prohibit the sale of spirit-

794

JOURNAL OF THE HOUSE.

uous-liquors in certain counties in this State, so far as the same relates to the city of Dalton.

By Mr. LesterA bill to arr..end the act incorporating the Cherokee Copper Mining Company. Passed. By ~Ir. MattoxA bill to prohibit the sale of intoxicating liquors on St. Simon's Island. Laid on the table. By. Mr. CliftonA bill to exempt certain parties in Liberty county from road duty. Passed. By Mr. O'DanielA bill to require the return, by Tax Receivers, of all lunatics, epileptics, etc. Passed. By Mr. Cabaniss- A bill to amend section 1,034 of the Code. Passed. By Mr. McLeodA bill to abolish the board of comm1sswners m the county of Emanuel. Passed. By Mr. McAfeeA bill to reduce the salaries of certain officers m the county of Forsyth. Passed. By Mr. AsburyA bill to incorporate the Chestatee and Yahoola Gold Mining Company. Passed.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

THURSDAY, FEBRUAR~ 22, 1877.

795

.llfr. Speaker: The Senate has concurred in the following resolutions
of the House of Representatives, to-wit: A resolution requesting our members in Congress to
urge the repeal or modification of the internal revenue laws, so far .lS the same relates to the distillation of fruit.
Also, resolution to authorize H. P. \Vright to publish the public laws passed at the present session.
Also, a resolution instructing our Senators, and requesting our Representatives, to procure the reptal of the bankrupt law.
Also, a resolution in relation to the repeal of certain revenue laws by the Co..gress of the United States.
Also, a resolution in relation to direct trade with Europe.

The Senate has passed the following bill of ~he House of Represent.ttives by a constitutional majority of yeas 23, nays 4, to wit:
A bill to amend an act to incorf>orate the Peoples' Bank of Macon; also, the Bank of Southwestern Georgia, at Americus.

The Senate has passed the following bills of the House of Representatives, to-wit:
A bill to abolish the County Court of Carroll county. Also, a bill to establish a Normal Department in the North Georgia Agricultural College, at Dahlonega, and for other purposes. Also, a bill to amend the charter of the city of Columbus. Also, a bill to repeal an act to create an advisory board for the counties of Laurens and Glascock, so far as the same relates to the county of Laurens. Also, a bill to amend section 2040 of the Code. Also, a bill to prohibit the sale of spirituous liquors

796

JouRNAL OF THE HousE.

within three miles of the corporate limits of Senoia, in the county of Coweta.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof,

Mr. Speaker:
The Senate has passed the following bills of the House of Representatives, to-wit:
A bill to render more efficient and economical the inspection and analysis of fertilizers, and for other purposes.
Also, a bill to amend an act to incorporate the Direct Trade Union of the Patrons of Husbandry.
Also, a bill to amend the charter of the city of Dalton. Also, a bill to repeal an act creating a board of commissioners for the county of Johnson. Also, a bill to prevent the maintenance, or carrying on of any lottery in the State. Also, a bill to declare the line between the counties of Newton and Jasper, and for other purposes. Also, a bill to amend the charter of Monroe. L\lso, a bill to declare Apalachee river in Green and i\I01gan counties a lawful fence. Also, a bill to amend the charter of Social Circle. Also, a bill to fix the license for retailing spirituous liquors in the town of Blackshear. Also, a bill to prohibit the sale of spirituous liquors in the county of Glascock. Also, a bill to repeal an act to create a board of commissioners for the county of Baker. Also, a bill to regulate the fees of jailers in the counties of Banks and Jackson. Also, a bill to loan to the Marietta and North Georgia Railroad the net amount received by the State from convict labor.
Mr. Stewart, chairman of the Committee on the Judiciary, made the following report :

THURSDAY, FEBRUARY 22, 1877.

797

Mr. Speaker:
The Committee on the Judiciary have had under consideration :
A bill to be entitled an act to amend section 4,272 of the Revised Code of Georgia, which they recommend do not pass.
JoHN D. STEWART, Chairman.

On motion, the House adjourned to 8.15 o'clock P.M.

NIGHT SESSION.
8.30 o'CLOCK P.M.
The House met pursuant to adjournment, and was called to order by the Speaker.
The roll was called, and a quorum found present.
Mr. Payne, chairman of the Committee on Enrollment, submitted the following report :
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 acts, to-wit :
An act to charter the Georgia Land, Immigration and Navigativn Company.
Also, an act to appoint Cuyler W. Hilliard, J. N. McQuag'ue, Daniel Morrison, John W. Murray, \\'m. M. Denton and Randall Jordon, together with the Ordinary, as a board of county commisioners for the county of \Vare.
Also, an act to provide for the issuing and recording of orders on the treasurer of Spalding county.
Also, an act to amend section 1,431 of the Code of 1873, in reference to the sale of estrays.

798

JouRNAL OF THE HousE.

Also. an act to repeal all laws and parts of laws authorizing the issue of land warrants under head-rights, from the Land Court of Camden county.
Also, an act to regulate the commissions of county treasurers in this State, so far as relates to the county of Bartow.
Also, an act to amend paragraphs 3 and 4 of section 798 of the Code, which exempts certain property from taxation.
Alsc, an act to authorize the payment of insolvent costs due Evan P. Howell, late Solicitor of the Superior Court of Fulton county, and to require the Ordinary of said county, upon certain terms, to levy a special tax and have the same collected for said purpose.
Also, an act to repeal an act to create a County Court in each county in this State, except certain counties therein named, so far as applies to the county of Dodge.
Also, an act to incorporate the Atlanta Testing and Mining Company, and for other purposes.
Also, an act to fix the compensation of Tax .Collectors and Tax Receivers for the county of Milton.
Also, an act to incorporate the Auraria Hydraulic and Mining Company, of Lumpkin county.
Also, an act for the relief of G. W. Keith. Also, an act to be entitled an act to incorporate the Gwinnett .vlanufacturing .Company. Also, an act to incorporate the Collins Manufacturing. and Power Company, and to define the powers of the same Also, an act for the protection of deer, partridges and wild turkeys in the counties of Chatham and Bryan, and to make the killing or trapping of the same in said counties a penal offense during certain seasons of the year, so as to include Camden, Bartow, Putnam and Floyd counties, so far as it relates to the county of Floyd.
Also, an act to define and establish the lines between the counties of Ware and Coffee, and Clinch and Coffee.
Also, an act to change the line between the counties of

THURSDAY, FEBRUARY 22, 1877.

799

Madison and Clark; also to change the lines between the counties of Habersham and Franklin.
Also, an act to amend an act to create a board of commissioners of roads and revenue, for the county of Chattahoochee, to define their powers and duties, and for other purposes.
Also, an act to abolish the County Court of Troup county, and for other purposes.
Also, an act to require the sheriffs of this State to keep a record of persons committed to jail, and for other purposes.
Also, an act to change the line between the counties of Randolph and Stewart, so as to add lot number forty (40) in the 19th district of originally Lee now Stewart county.
Also, an act to alter and amend the road laws of this State, so far as relates to the counties of Houston and Monroe, to authorize the employment of convict labor, and to authorize the boards of commissioners of said counties to provide the ways and means to carry into effect the provisions of this act.
Also, a resolution appointing a committee to inquire in~o the state of business in the two houses.
Also, a resolution fixing the date for the election of State Printer.
Also, an act to regulate the amount of bond to be given by the Tax Collector of Richmond county, and define his duties.
Also, an act to provide for the manner of tax sales by municipal corporations in this State.
Also, an act to authorize the City Council of Augusta to create a board of health for said city.
Also, an act to amend an act incorporating the Georgia Home Insurance Company.
Also, an act to authorize and empower the Mayor and council of Butler, Taylor county, Ga., to issue bonds, of

800

JouRNAL OF THE HousE.

any denomin-1tion they may deem fit in exchange for the bonds now outstanding against said town.
Also, an act to regulate the pay of jurors and bailiffs in the counties of Crawford and Pierce.
Also, an act to authorize the directors of Exchange Bank of Macon to reduce the capital stock of said bank.
Also, an act repeal all laws, and amendments to laws, heretofore passed, incorporating the city of Gainesville ; to incorporate said city, prescribe its limits, provide for a mayor and aldermen, prescribe their powers and duties, and for other purposes.
Also, an act to incorporate the Fish Trap Gold Mining Company.
Also, an act to authorize the Mayor and council of Macon to issue bonds, and further amend the charter of said city.
Also, an act to establish a board of commissioners for the county of Columbia, and define the powers and duties thereof.
Also, an act to provide for the drainage of Chatham county, to prevent yellow fever, and to appropriate for said purpose one-third of the State tax of said county, for the year 1877.
W. W. PAYNE, Chairman.

Mr. Willis, chairman of the Committee on Journals, submitted the following report:

Mr. Speaker: The Committe~ on Journals have examined and ap
proved the Journals of the House for the present session. They have been neatly and correctly kept, and reflect
credit on Mr. Ham, the Journalizing Clerk, who has proven himself a worthy and efficient officer.
W. H. WILLIS, Chairman.

The regular order, being the reading of the Senate

THURSDAY, FEBRUARY 22, 1877.

801

bills the third time, was resumed, and the following billS were so read and disposed of:
By Mr. HowellA bill to alter and amend the road laws in the county of Fulton. Passed. By Mr. MattoxA bill to repeal the act creating a County Court in the county of Glynn. Laid on the table. By Mr. PerryA bill to amend the act regulating the traffic in seed cotton in certain counties. Passed as amended. By Mr. DuBoseA bill to incorporate the Altlanta Conc;titution Publishing Company. Passed. By Mr. BushA bill to amend the several acts in reference to the county court laws in the county of Miller. Passed. By Mr. McDonaldA bill to exempt the Thomasville Guards from jury duty. Passed. By Mr. ReeseA bill to prohibit the sale of liquors at certain points in the county of Wilkes. Passed. By Mr. HowellA bill to provide for the incorporation of the purchasers of the Georgia Western Railroad. Passed. By Mr. Howell-
51

802

JouRNAL OF THE HousE.

A bill to amend the charter of the State Savings Bank of Atlanta.
Mr. Peek called the previous question on the bill, which caii was su3tained, and the ma"in question was ordered.
This being a bill requiring the call of the yeas and nays on its passage, the same was had, and the result was as follows:

Those voting in the affirmative are Messrs.-

Ada~..s of Chatham, Grant,

Pilcher,

Adams of L~e,

Gray,

Polhill,

Almon,

Gresham,

Pope,

Allred,

Harden,

Price,

Anderson,

Harralson,

Puckett,

Awtry,

Hillyer,

Ragsdale,

Bacon of Liberty, Hollis,

Rawlins,

Blil.(;k,

Hogan of Monroe, Reid of Morgan,

Bloodworth,

Hogan of Carroll, Richardson,

Blue,

Hood,

Roberson,

Born,

Humber,

Roper,

Bra.nch,

James,

Rouse,

Br~wer,

Johnston,

Russell,

Buuts,

Jordan of Pulaski, Shaw,

Burch of Elbert, Kennon,

Sheffield of Early,

Candler,

Key,

Sikes,

Carlton,

Marshall,

Smith of Walton,

Carter,

Matthews of Pike, Smith of Butts,

Causey,

Matthews of Talbot, Stewart of Taylor,

Cloud,

Maund,

Strickland,

Cochran,

McAfee,

Taylor,

Corker,

McDonald,

Tbomas,

Cux uf 'rroup,

Mcintyre,

Tumlin,

Davison,

:3-lcRae,

Turner,

Davis of Bibb,

Miller,

Turnbull,

Davis of Stewart, Mobley,

Walton of Burke,

Dtlzier of Harris, North,

Walsh,

Duggar,

Owenby,

Willis,

Faircloth,

Peek,

Whittle.

THURSDAY, FEBRUARY 22, 1877.

803

Fort, Fortner, Frederick, Freeman, Fry,

Perkinto,

Wilson,

Phillips of Carroll, Wooldridge,

Phillips of Cobb, Williams,

Pickett of Rabun, . Wilcox.

Pickett of Gilmer,

Those voting in the negative are Messrs.-

Bennett,

Kendrick,

Bowen,

Moses,

Case,

Reid of Putnam,

Jordan of Hancock, Reece,

Simms, Stokely, Wise,

Those not voting are Messrs.-

Atwood,

G'.over of Jones,

Benson,

Goodrum,

Brockett.,

Guyton,

Brown of Upson, Hammond,

Brown of Fayette, Harrell,

Burch of Thomas, Hughes,

Callaway,

Hutchins,

Colbert,

Jones of McDuffie,

Co:!ey,

Jones of Polk,

Collins,

Kimsey,

Cox of Bryan,

Kirby,

Davis of Houston, Knox,

DeLoach,

Lang,

Dews

Leach,

' Dozier of Quitman, Mallette,

Dudley,

McGc~.r,

Duke,

Moore,

Evans,

Murray,

Fletcher,

Northen,

Green,

Ottis,

Glover of Twiggs, Peacock,

Payne, Paul, Ptarson, Penn, Robson, Scruogs, Sheffield of Miller, Smith of Oglethorpe Smith of Echols, Smith of Tatnall, Stanford, Stewart of Milton, Stewart of Spalding, Vick, Wade, Wall, Wilkes, Wolihin. Wtllingham. Walton or.Ha.ralson,

Yeas, 101. Nays, 11. Not voting, 62.

804

JouRNAL oF THE HouSE.

So the bill was passed by the requisite constitutional majority of two-thirds.

By Mr. FeltonA bill to authorize the compromise of certain matters by the county commissioners of Macon county. Passed. By Mr. BrewsterA bill to repeal certain sections of an act extending the jurisdiction of the Ordinary of Troup county. Passed. By Mr. WilsonA bill to repeal the ~ct regulating the sale of liquors in \Vhitfield, Gordon and Murray counties. Passed.

Mr. Hood, chairman of the Committee of Conference, on the part of the House of Representatives, on a bill to amend section 4,370 of the Code, relative to the offense of shooting at another, submitted the following report:

Mr. Speaker:

The Committee of Conference on the bill of the House

entitled an act to alter and amend section 4, 3i0 of the Code, relating to the offense of shootin~ at another, have

considered the matter of difference between the House and

Senate on the substitute proposed by the Senate to the bill

ofthe House, and report that we cannot agree.

(Signed)

W. J. HunsoN1

Chairman Senate Committee.

ARTHUR Hoon, Chairman House Committee.

Mr. Hood moved that the House adhere to its resolutron of disagreement, which motion prevailed, and the bill was lost.

THURSDAY, FEBRUARY 22, 1877.

805

The following protest was read, and ordered entered on

the Journal, to wit:

The undersigned, by leave of the House, presents this,

his protest, against the passage of a bill this, 22d February,

18ii, being a Senate bill entitled:

An act to regulate the law of insurance in the State of

Georgia, No. 78.

For the reasons that the said bill was read the first time

February 10, 1877, and referred to the Finance Committee,

and reported adversely upon; the second time, on the 17th

February, it was only read by its caption, and laid on the

table, and is read again on the ~2d, being its second read

ing, and passed, the same having been by mistake endorsed

as read the second time February lOth, which fact was

made known to the House, and proof offered thereto-

said passage being agaiust the protest of the undersigned,

and in violation of the Constitution of the State.
R. J. MosES,

Member from Muscogee.

I solemnly swear that the facts hereinabove stated are

true.

R. J. MosEs.

Sworn to before me this, 22d February, 1877.

[Attest]

E. P. SPEER, Clerk.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate insists on its amendment to the following resolution of the House of Representatives, and I am directed to transmit the same forthwith, to-wit:
A resolutionRelative to disturbances in Gilmer, Fannin and other coumies in Northeastern Georgia.

The Senate recedes from its amendment to the following bill of the House of Representatives, to-wit:

806

JOURNAL OF THE HoUSE.

A bill making appropriation for executive, legislative and judicial expenses for the govemment for the year 1877.

The following message was received from the Senate through Mr. Harris, the Secretary thereof;
Mr. Speaker:
The Senate has concurred in the amendments of the House of Representatives to the following bills of the Senate, to-wit:
A bill to regulate the practice in the Supreme Court of Georgia.
Also, a bill to incorporate the Herndon and Swainsboro Railroad Company.
Also, a bill to extend the jurisdiction of Justices of the Peace and Notaries Public in criminal cases in the counties of Chattooga, Dade, Walker and Catoosa.
By Mr. BushA bill to repeal the act organizing a County Court in the county of Miller. Passed. By Mr. CabanissA bill to incorporate the Macon Brewing Company. Passed. By Mr. Lester. A bill to amend the Iaw in refere:tce to the removal of obstructions from private ways. Passed. By Mr. WilsonA bill to amend Lhe game laws in the cour.1ty of \Vhit~ field. Passed.

By Mr. BushA bill to require the transfer of certain cases from the Superior to the County Court, in the county of Miller~ Passed.

THURSDAY, FEBRUARY 22, 1877.

807

By Mr. StatenA bill to incorporate the Sterling and Jacksonville Railroad Company. By Mr. McAfeeA bill to repeal the act creating a board of commissioners in the county of Forsyth. Passed. Also, a bill to amend the constitution of the State. Mr. Moses called the previous question on the passage of the bill, which call was sustained, and the main question ordered. The amendment was adopted. The report of the committee was agreed to as amended. This bting a bill requiring the call of the yeas and nays on its passage, the same was had, and the result was as follows:

Those voting in the affirmative are Messrs.-

Almon,

Gresham,

Ragsdale,

Allred,

Harden,

Rdd of Morgan,

Bloodworth,

Hillyer,

Rpece,

Born,

Hogan of Monroe, Richardson,

Bowen,

James,

Rouse,

Branch,

Johnston,

Scruggs,

Brewer,

Kendrick,

Shaw,

Candler,

Key,

Sheffield of Early,

Carlton,

Matthews of Pikr, Sikes,

Carter, Case,

McAfee, McDonald,

Smith of Walton, Stanford,

_...

Cloud,

Mcintyre,

Stewart of Taylor,

Cochran,

Miller,

Ste.vart of Milton,

Colbert,

Mobley,

Stewart of Spalding,

Cox ofTroup,

Moses,

Strickland,

DaviS)n,

North,

Taylor,

Dwis of Bibb,

Ott is,

Turnbull,

Davis of Houston, Owenby,

Walton of Burke,

Dozier of Harris, Peek,

WaH,

808

JOURNAL OF THE HousE.

Fortner, Freeman, Grant, Gray,

Polhill, Price, Puckett,

Wise, Whittle, Wilcox.

Those voting in the negative are Messrs.

Adams of Lee, Anderson, Bacon of Liberty, Bennett, Biack, Blne, Corker, Duggar, Faircloth, Fort, Frederick, Fry,

Harralson, Hollis, Hogan of Carroll, Hood, Humber, Hutchins, Jordan of Pulaski, Kennon, McRae, Payne, Perkins, Phillips of Carroll,

Pickett of Rabun, Pilcher, Rawlins, Reid of Pu~nam, Robson, Roper, Smith of Butts, Stokely, Thomas, Wilson, Williams.

Those not voting are Messrs.-

Adams of Chatham, Glover of Jones. Peacock,

Atwood,

Goodrum,

Pearson,

Awtry,

Guyton,

Penn,

Benson,

Hammond,

Phillips of Cobb,

Brockett,

Harrell,

Pickett of Gilmer,

Brown of Upson, Hawes,

Pope,

Brown of Fayette, Hughes,

Roberson,

-

Bunts,

Jones of McDuffie, Russel!,

Burch of Thomas, Jones of Polk,

Sheffield of Miller,

Burch ot Elbert, Jordan of Hancock, Simms,

Callaway,

Kimsey,

Smith of Oglethorpe,

Causey,

Kirby,

!;mith of Echols,

Colley,

Knox,

Smith of Tatnall,

Collins,

Lang,

Tumlin,

Cox of Bryan,

Leach,

Turner,

Davis of Stewart, Mallette,

Vick,

DeLoach,

Marshall,

Wade,

THURSDAY, FEBRUARY 22, 1877.

809

Dozier of Quitman, Matthews of Talbot, Walton of Haralson,

Dudley,

Maund,

Walsh,

Dnkt:,

McGar,

\Vilkes,

Evans,

Moore,

Wiliis,

Fletcher

Murray,

Wooldridge,

Green,

Northern,

Wolibin,

Glover of Twiggs, Paul,

Willingham.

Yeas 67. Nays 35. Not voting 72.

So the bill was lost, there not being the requisite constitutional majority of two-thirds in favor of its passage.

The House then took up the following House bills, with Senate amendments, and disposed of the same, to-wit:
By Mr. Adams of ChathamA bill to transfer the county of Liberty from the Brunswick to the Eastern Judicial Circuit. Senate amendments concurred in. By Mr. DewsA bill to create a board of commissioners in the county of Baker. Senate amendments concurred in. By Mr. RussellA bill to amend section 4,875 of the Code. Amendment concurred in.

The following message was received from the Senate through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following bills of the House of Representatives, to-wit;
A bill for the relief of George A. Greenwood, of the county of Rabun.
Also, a bill to amend the charter of Duluth.

810

JOURNAL OF THE HOUSE.

Also, a bill to incorporate the Fort Gaines and Pataula Railroad Company.
Also, a bill to prohibit the sale of spirituous liquors within two miles of Snapping Shoals, Newton county.
Also, a bill to incorporate the Laurel Mill Manufacturing Company, in Cobb county.
Also, a bill to alter and amend portions of the Code of 1873, so far as relates to the county of Pulaski.
Also, a bill to authorize the erection of gates across second and third class roads, in the county of Stewart.

The Senate has concurred the following resolution of the House of Representatives, to-wit:
A resolutionTo print 5, 000 copies of the report of the State Geologist.

By Mr. WhittleA bill to continue in force the act incorporating the Peoples' Bank of Macon. Senate amendment concurred in.

Mr. Cochran moved to suspend the rules, to take up Senate resolutions, which motion prevailed, and the following resolutions were disposed of, to wit:
A reSt)lutionTo raise a joint committee to prepare rules for joint sessions of the General Assembly. Laid on the table. A resolutionIn reference to the payment -:>f certain coupons. Agreed to.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

THURSDAY, FEBRUARY 22, 1877.

811

Mr. Speaker:
The Senate has concurred in the following resolutions of the House of Representatives, to-wit:
A resolution in r~lation to national politics. Also, a resolution to authorize the Governor to make temporary loans.

The Senate has agreed to the following resolution, in which they ask the conccurrence of the House of Representatives, to-wit:
A resolution thanking the Board of Health for reports, etc.

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 transfer the county of Liberty from the Brunswick to the Eastern Judicial Circuit, and for other purposes.
Also, a bill to amend section 4,875 of the Code.

The Senate has passed the following bill of the House of Representatives, to-wit :
A bill to fix the fees of Justices of the Peace and notaries public and constables in this State, and for other purposes.

By Mr. WilsonA resolution allowing a certain committee to report at the next session, Agreed to.
A resolution in reference to a certain survey on the Florida Jine.
Agreed to.

812

JouRNAL oF THE HousE.

A resolution thanking the State Board of Health for its labor and reports.
Agreed to.

:Mr. Cox of Troup moved to take from the table a Senate bill in reference to the appointment of commissioners to take testimony in civil cases, which motion did not prevail.

The following Senate bill was taken from the table, to-wit:
By Mr. MattoxA bill to prohibit the sale of spirituous liquors on St Simons Island. Passed.
A resolution providing for a Joint Committee to wait on his Excellency the Governor and inform him that the General Assembly was ready to adjourn, was agreed to.

A resolution in reference to the continuation of the employment of certain attorneys, as amended by the committee, was taken up.
Mr. Moses offered a substitute that the said attorneys be retained only on certain conditions.
Mr. Reid, of Putnam, called the previous question. The call was sustained, and the main question ordered. The substitute was then disagreed to. The repcrt of the committee was agreed to. The resolution was then adopted.

Mr. Hood offered the following resolution, to-wit: Resolved, by tlze House of Representatives, That at the close of the present session we desire to return our thanks to Hon. A. 0. Bacon, Speaker of the House, for the ability, efficiency and impartiality which has distinguished his administration of the responsible position he has held

THURSDAY, FEBRUARY 22, 1877.

813

in presiding over the deliberations of this body. Agreed to.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker :
The Senate has passed the following bills of the House of Representatives, to-wit:
A bill for the relief of W. C. Yancey, of Troup county. Also, a bill to authorize the county commissioners of Bibb county to pay expenses incurred in conducting elections in said county. Also, a bill to consolidate the offices of Tax Receiver and Tax Collector of Colquitt county. Also, a bill to amend the charter of the city of Atlanta. Also, a bill to prohibit the sale of spirituous liquors by retail in the county of White. Also, a bill to authorize the Georgia Railroad and Bank ing Ccmpany to issue bonds. Also, a bill to authorize the Georgia Railroad and Banking Company to buy or lease the Augusta Railroad. Also, a bill for the relief of the teachers of public schools in the counties of Stewart and Chattahoochee for the year 1871. Also, a bill to prevent persons from hunting or fishing or taking oysters on or from the lands of another in the county of Bryan. Also, a bill to provide for the payment of certain insolvent costs in the Augusta judicial circuit, so far as the same applies to the county of Burke. Also, a bill to prohibit the sale of spirituous liquors within three miles of Eureka church, Bethel church and Harmony church in the county of Elbert. Also, a bill to authorize the Georgia Railroad and Banking Company to buy or lease the Port Royal Railroad.

814

JouRNAL oF THE HousE.

Also, a bill to abolish the office of County Treasurer for Twiggs county.
Also, a bill to limit the pay of the treasurer of Fulton county.

The Senate has concurred in the following resolutions of the House of Representatives, to-wit:
A resolutionRequesting our Senators and Representatives in Congress to secure appropriations for the canal to connect the Atlantic and Gulf; also, for the rivers in this State. Also, a resolutionFor the relief of Griffin, Savannah and North Alabama Railroad.

Mr. Payne, chairman of the Committee on Enrollment, subn1itted the following report:
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 acts, to-wit :
An act to exempt certain members of the Screven Troop from jury and road duty.
Also, an act to repeal an act to create a board of commissioners of roads and revenue of the county of Jackson.
Also, an act to repeal 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, Pa:.~lding, and the town of Palmetto, in the county of Campbell, in the Stat.;: of Georgia, so far as the same relates to the city of Dalton.
Also, an act to require emigrant agents to pay a tax of five hundred dollars in each county where they carry on their business of soliciting emigrants to leave the State.

THURSDAY, FEBRUARY 22, 1877.

815

Also, an act to amend the charter of the city of Columbus, and for other purposes.
Also, an act to incorporate the city of Dalton, and to define the corporate limits.
Also, an act to regulate and control certain convicts in the county of Bibb.
Also, an act to change the line between the counties of Floyd and Gordon.
Also, an act to change the lines between the counties of Montgomery and Telfair.
Also, an act to incorporate the city of Greenesboro, to provide for its government, define its powers.
Also, an act making appropriation for the executive, legislative and judicial expenses of the government, and for other purposes.
Also, an act to abolish the County Court of Carroll county, and for other purposes.
Also, an act to amend act to amend and revise the several acts granting corporate authority to the city of Americus, and to <;onsolidate the same, and for other purposes.
Also, an act to amend section 4,845 of the Code of 1873, conferring upon the Mayor and aldermen of the city of Savannah, power to establish a complete system of drainage in and around said city.
Also, an act to repeal an act to create a board of commissioners of roads and public buildings, public property and finance, for the county of \Vashington.
Also, an act to repeal an act to regulate the pay of grand, traverse and County Court jurors for the county of Laurens and the county 0f Cobb.
Also, an act to repeal an act repealing an act to create an advisory board for the counties of Laurens and Glasscock, so far as relates to the county of Laurens, and to provide for a board of county commissioners for the counties of Laurens and Johnson, so far as the same relates to the county of Laurens, and to provide a compensation for

816

JouRNAL oF THE HousE.

the Ordinary of said county of L"lUrens when sitting for county purposes.
Also, an act to amend section 2, 040 of the Code. Also, an act to prevent the sale of spirituous or intoxicating liquors within three miles of the corporate limits of the town of Senoia, in the county of Coweta. Also, a resolution in relation to the repeat of certain revenue laws by the Congress of the United States. Also, a resolution to authorize H. P. vVright to publish the public laws passed at the present session. Also, a resolution in relation to direct trade with Europe. Also, a resolution instructing our Senators and requesting our Representatives to procure the repeal of the bankrupt law. Also, a resolution requiring our members in Congress to urge the repeal or modification. of the internal revenue laws, so far as the same relates to the distillation of fruits. Also, an act to loan the Marietta and North Georgia Railroad the net amount received by the State from convict labor, and for other purposes. Also, an act to amend an act entitled an act to incorporate the town of Social Circle, in the county of Walton, and to appoint commissioners for the same, and to point out the mode of electing commissioners, etc., and for other purposes, approved March 18th, 1869. Also, an act to prohibit the sale of intoxicating liquors within three miles of the town of Clarkesville, in Habersham county, State of Georgia. Also, an act to regulate and fix the fees of jailers in the counties of Banks and Jackson, for the feeding and dieting of priseners imprisoned in the common jail, of said counties of Banks and Jackson, and for other purposes. Also, an act to amend amend an act entitled an act to incorporate the town of St. Marys, and the several acts amending the same, and for other purposes.

THURSDAY, FEBRUARY 22, 1877.

817

Also, an act to fix the license fee for retailing spirituous liquors in the town of Blackshear, Pierce county, and for other purposes.
Also, an act to prohibit the sale, barter, exchange, or other disposition, for valuable consideration, of spirituous liquors, within certain limits therein described, in the connty of DeKalb, and for other purposes.
Also, an act to alter and define the fees of Justices of 'the Peace and Notaries Public, as also the fees of constables, in this State, and for other purposes.
Also, an act to repeal an act creating a board of commissioners 0f roads and revenue for the county of Johnson, and to define its powers and duties, approved February 29, 1876.
Also, an act to prohibit the sale of spirituous and intoxicating liquors within one mile of the court-house (Hiwassee) in the county of Towns, and for other purposes therein mentioned.
Also, an act to amend an act entitled an act to organize a Criminal Court in the county of Effingham, approved February 26, 1875.
Also, an act to repeal so much of section 1,203 of the Code, as is in violation of paragraph six (6), article one (1), of the Constitution of the State of Georgia, to prohibit a portion of the people of the State of Georgia from holding office on account of religious opinion.
Also, an act to amend the several acts incorporating the town of Monroe, in the county of Walton, and to confer additional powers on the president of the board of commissioners of said town.
Also, an . act to amend an act to organize a Criminal Court in the county of Effingham.
Also, an act to establish a Normal Department in the North Georgia Agricultural College, at Dahlonega, and to more efficiently provide for the Military Department of the same, and for other purposes.
52

818

JouRNAL oF THE HousE.

Also, an ,act to prohibit the sale of intoxicating liquors within three miles of the town of Clarksville, in Haber sham county.
Also, an act to declare the line between the counties of Newton and Jasper, and to add certain lands to the county of Newton now in the county of Jasper.
Also, an act to change the times of holding the Superior Courts in the counties of Meriwether, Campbell and Fay~ ette.
Also, an act to amend the charter of the city of Dalton, to authorize the Mayor to provide for the registration of voters of the corporation.
Also, an act to declare the Apalachee river in Greene and Morgan counties a lawful fence,
Also, an act to amend an act entitled an act to incorporate the town of St. Marys, and the several acts amending the same.
Also, an act to amend an act incorporating the Direc~ Trade Union of the Patrons of Husbandry.
Also, an act to authorize the erection of gates across 2d and 3d class roads in the county of Stewart.
Also, an act amending certain portions of the Code, so far as relates to Pulaski county, being section 64 of act of 1875.
Also, an act to incorporate Laurel Mills Manufacturing Company, legalize certain acts.
Also, an act to prohibit the sale of liquors in two miles of Snapping Shoals, in Newton county.
Also, an act to incorporate Fort Gaines and Pataula Valley Railroad.
Also, an act to repeal section IV of the charter of Duluth, in Gwinnett county.
Also, an act for the relief of G. A. Greenwood, of Rabun county.
Also, an act to transfer Liberty county to the Eastern Judicial Circuit.

THURSDAY, FEBRUARY 22, 1877.

819

Also, an act to abolish the board of commissioners of Baker county.
Also, an act to define the fees of Justices of the Peace, Notary Publics and constables.
Also, an act to relieve W. C. Yancey, of Bibb. Also, an act to authorize the county commissioners of Bibb county to pay election fees. Also, an act to put certain lots of land now in Lee county into Terrell county. Also, an act to amend the charter of Atlanta. Also, an act to prohibit the sale of liquor within three miles of Cleveland, White county. Also, an act to authorize the Georgia Railroad to issue bonds. Also, an act to authorize the Georgia Railroad to buy or lease the Augusta Railroad. Also, an act for the relief of teachers of public schools in the county of Stewart, 1871. Also, an act to prevent persons from hunting or fishing on lands of another. Also, an act to repeal an act to provide for certain insolvent costs in the Augusta Circuit. Also, an act to prohibit the sale ofliquors in three miles of Eureka and Bethel Churches. Also, an act to authorize the Georgia Railroad to purchase the Port Royal Railroad. Also, an act to limit the pay of the treasuer of Fulton county. A resolution relative to the prosecuting of certain State cases, and the employment of counsel therein.
W. W. PAYNE, Chairman.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof;
J.:fr. Speaker: The Senate has concurred in a resolution of the House

820

JouRNAL OF THE HousE.

of Representatives, relating to the prosecution of certain State cases, and the employment of counsel therein.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has concurred in the following resolution of the House of Representatives, and, on the part of the Senate, has appointed Mr. Cabaniss, to-wit :
A resolutionTo appoint a committee to notify the Governor of the time agreed upon for adjournment.

The House proceeeded with House resolutions.

The following resolution was introduced by Mr. Cochran and agreed to, to-wit:
Resolved, That the thanks of this body be, and the same are hereby, tendered to Mr. E. P. Speer, the efficient Clerk of the House, and his corps of competent assistants, for the able and prompt manner in which he and they have dispatched the business of the present session.

A resolution, returning thanks to Harry Peck, Walter Atkinson, John Murphy, Bryant Wilcox and Charley Trippe, pages of the House, was introduced by Mr. Thomas, and agreed to.

A resolution by Mr. James, requiring the treasurer of the Macon and Brunswick Railroad to pay all moneys into the Treasury of the State, monthly, was laid on the table.

Mr. Robson introduced a resolution returning thanks to the several newspaper reporters for their full and accurate daily reports, which was agreed to.

A resolution by Mr. Russell, allowing the chairman

THURSDAY, FEBRUARY 22, 1877.

821

and three members of the Enrolling Committee, and the
Chairman of the Auditing Committee, and two clerks five days after the s~ssion to bring up the unfinished business,
was laid on the table.

Mr. Hood introduced the following resolution, which was agreed to, to-wit:
Resolved, That the Clerk of the House notify the Senate that the House of Representatives has completed the business before it, and is ready to adjourn sine dt"e.

A resolution by Mr. Colley returning thanks to the doorkeepers was agreed to.

A resolution by Mr. Fort, returning thanks to Hon. J. R. Smith, of Coffee county, messenger of the House, for his courtesy and kindness, was agree to.

The following resoiution was agreed to, to-wit : Resolved, That the Chairman and one member of the Committee on Enrollment, and one clerk, and the Chairman of the Auditing Committee, be allowed three days after the adjournment of the General Assembly, to bring up the unfinished business of the session.

The Joint Committee to wait on his Excellency, the Governor, and inform him that the General Assembly was ready to adjourn, if he had no further communication to make, reported that they had performed that duty, and the Governor had no further communication to make, except his best wishes for the future welfare and prosperity of each member of the General Assembly.
The Journal was then read and approved.

At the hour of 12 o'clock P.M., the Speaker declared the
House adjourned sine die.
53

INDEX.
A
AHSENCELeaveo~ ............ 59 64 90 92 99 143 144 190 208 218 222 223 224 246 303 304 325 329 341 584 593 617 636 666 671 699 703 738 739 747 785
ACADEMIES, ETC.TG establish Hiwassee Academy, m Towns county ...... 71 81 264 To establish a Normal Department in North Georgia College .. 115 443 477 600
ADAMS, RON. A. PRATT .................. 6 76 135 185 191 246 286 318 325 342 372
ADAMS, RON. JOHN P ......................... 7 230 236 240 316
ADJOURNMENTSine die .... . ..................................... 821
ADVERTISINGTo amend the law relating to legal advertising ........318 599 616
AFFIDAVITSTo authorize the taking of in other States for use in this ... 138 560
AGRICULTURE, COMMISSIONER OF, ETCCommunication in relation to Hand Book of Georgia . . .. . ...... 64 To repeal the act providing for publication of agricultural statistics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 139 To repeal an act to establish a Department of Agriculture. . . 132 Providing for appointment of a State Chemist and Inspector of Fetilizers by Commissioner of Agriculture ................. 240 To amend an act relative to pub!ic:J.tion of agricultural statistics 240 599 612 Fixing salary of commissioner's clerk......... . . . . . . . . . . . . . . 320 To abolish the Department of Agriculture . . ......... 347 623
ALMON, HON. M. T ..................... 7 74 303 319 324

824

INDEX.

ALLRED, HON. L. J ................................. 8 73 168 224 ANDERSON, HON. L. R ........ .......................8 322 344

APPROPRIA.TIONS-
To appropriate one-half the State tax 0f Chatham county, of pres.,nt year, to the purpose of drainage .. 76 123 572 639 681 684
To appropriate $1,500 of the county taxes to build a new court house in Appling county ........................... 91 123 340
To appropriate $2,000 of the State tax to Clay coutty ... 92 124 341 350 481
To appropriate money for support of the State government ..148 500 501 517 36 747 767 770
To appropriate money to the South Georgia Orphans' Home. . . 200 Appropriating money to build a jail at St. Marys .......... 238 735 Tc, equalize the counties in this State in appropriations to the
Lunatic Asylu.n ......................................... 239 To apply appropriations rr.ade by the general government .. 241 602 To apprapriate certain moneys to the building of a jail in Mil-
ton county........ . . .. . . . . . . . . . . .. . . . . . ... . . . . .. . . .. .. 320 Appropriating State taxes of Glynn c0unty to erection of quar-
antine buildings ........................................ 318 To appropriate money to Thomson High School. ............. 375 To pay expenses incurred in the suppression of insurrection iu
certain counties ........................................ 675

ATWOOD, HON. WM. HENRY .................. 8 74 96 320 322 AWTRY, HON. J. F .................9 40 57 99 173 179 235 320

BACON, HON. A. 0 ......................... 5 10 77 127 231 243 BAH.NETf, N. C. SECRETARY OF STATE ................85 149
BACON, HU.:-1. W. C..................... ..................... 46
BENNETT, HON. A. F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 315 319
BENSON, HON. JOHN B................ ....... ............ 7
BLACK, HON. J. C. C.... . .. . . .. . .. . . . 9 41 48 78 98 134 208 224 228 238 251 316
BLOODWORTH, HON. T. S. M..... . . . . . . 8 57 60 63 73 97
130 178 236 324 342 375 BLUE, HUN. JAMES ........................... 7 181 186 203 314 BORN, HON. W. J ................................7 56 200 315 BOWEN, HON. C. P ...................................6 93 315 BRANCH, HON. WM. H ................7 75 95 1:31 315 371 373 BREWER, HUN. H. P . . . . . . . . . . . . . . . . . . . . 6 61 93 134 199 261 371 BROCKETT, HON. HIRAM .................................6 237 BROWN, HON. W. S................................... 6 63 96 BROWN, HON. J. W .....................................9 226 238

INDEX.

825

BUNTS, HON. HOWARD............. ................ ..... 6 BURCH, HON. J. J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... 200 371 BURCH, HON. R. S.........................................9 99 BUTLER, REV. DAVID E.. . . ... .. .. .. . . . .. .. .. .. .. ... . .. . . . 5

BALLOT BOX-

To preserve the purity of the ballot box in Georgia .......... 75 119

To prevent fraud on the ballot.. . . . . . . . . . . . . . . . . . . .

129

To further protect the ballot from corruption.... . . . . . . . . . . . . 232

BANKS-
To amend the charter of the Hank of Rome........... 62 80 154 To incorporate the Merchants' Bank of Macon ..........77 126 334 To amend the charter of the Hawkinsvil'e Bank and Trust Com-
pany................................................ 243 546 To amend the charter of Exchange Bank of Macon......... 243 570 To amend the charter of the People's Bank of Macvn ....... 243 562 To amend the charter of the Augusta Savings Institution ... 238 429 To amend the charter of the Capital Bank of Macon ....... .464 712 To incorporate Mt. Airy Savings Bank ................ .464 710 To incorporate the Covington Savings Bank.............. 691 792 To amend the charter of the State Savings Bank of Atlanta .. 694 802

BONDS AND BILLS-
To authorize the issuing of bonds to exchange for first mortgage bonds of Macon and Brunswick Railroad, endorsed by the State .................................59 80 478 500
To authorize TrP.asurer to pay interest on bonds of the North and South Railroat.l, and Memphis Branch Railroad ..... 60 80
To authorize the Governor to issue bonds to pay bonds falling due, and floating debts of all kinds.... . . ...............80 478
To pay ten cents nn the dollar ofW. & A. R. R. change bills .. 236 561 Authorizing the Governor to issue certain bonds ............ 237 545 Authorizing the Governor to endorse bonds of the Northeastern
Railroad Company..... . ............................... 501

c

CALLAWAY, HON. W. R. . . . ................. . . . . . . . . . . . . . . . 10 CANDLER, RON. A. D... 7 41 42 62 78 95 134 184 218 236 344 CARLTON, HON. H. H..... 6 10 42 56 58 132 125 148 148 181
192 198 239 241 261 184 286 306 324 326 CARTER, HON. W. A. . . . . . . . . . . . . . . . ...............8 134 229 344 CASE, HON. JAMES A ............. 6 93 132 134 169 178 237

826

INDEX.

CASEY, HON. S. H.................... 6 76 93 199 201 230 319 CLOUD, liON. A. E .......... 6 40 61 89 92 132 134 202 231 314 COCHRAN, HON. A. E ................. 8 46 89 191 255 260 344 COLBERT, HON. S. W ....................................... 8 243 COLQUITT, GOVERNOR ALFRED H ................. .41 50 55
CITIES AND TOWNS-
Providing for registration of voters in Madison ..........63 R2 166 To authorize commissioners of Penfield to levy and collect
taxes............................................. 75 119 572 To confer certain powers on the Mayor and board of commis-
sioners of Savannah, relative to small pox . . .... 76 118 292 333 To amend the charter of Carrollton. . . . . . . . . . . . . . . . . . . . . .. . . . 92 To confer certain powers of the ex-officio Mayor of the city of
Darien........................................96 141 302 339 To contract the corporate limits of the city of Athens. . . . . . .. 135 To repeal an act creating a Board of Education for the city of
Griffin . . . . . . . . . . . . ................................. 135 413 To create a board of health for Augusta ................. 181 590 Repealing acts conferring additional jurisdiction on the Mayor
and aldermen of the town of Blackshear ................. 191 420 To amend an act in relation to valuation ot real estate in Bain
bridge by the Mayor and alcerll!en ...................... 199 421 To authorize the Mayor and council of Butler to issue bonds .. 227
572 600 To regulate voting in Augusta ............................ 228 431 To authorize the city of Macon to issue bonds.............. 321 567 Requhing registration of voters in Dalton . . . . . . . . . . . . . . . . . . . . 321 To compel the authorities of Savannah to discontinue the Laza-
retto at Thunderbolt................. . . .. . .. .. . .. .... .460 705 To amend the charter of Jonesboro....................61 81 152 To amend the charter of Bainbridge................... 61 81 153 To repeal all laws incorporating Gainesville........ 95 140 296 338 To amend the charter of Cartersville.................125 294 336 To incorporate Midville, in Burke county ................. 170 419 To amend the charter of Griffin. . . . . . . .. . .. .. .. .. .. . . .. . .227 429 To amend the charter of Valdosta ........................... 229 491 To amend the charter of Perry.......................... 229 491 To amend the charter of Hamilton ........................ 230 503 To amend the 20th section ot the charter of Dalton. . .. . . . . . . . . 235 To incorporate The Rock, in Upson county ............... 238 428 To amend the charter of Boston, in Thomas county. . . . . . . 23S 429 To amend the charter of Summerville..................... 238 432 Tc) amwd the charter of Atlanta ......................... 238 481 To amend the cllarter of Athens .......................... ~9 419 'fo amend tile charter of St. Marys....................... 321 653

INDEX.

827

To repeal the charter of the town of Rome.... ............ 321 To amend the charter of the town of Spalding .............321 568 Amending the charter of Social Circle ....................321 652 Amendatory of t!le 8th section of the charter of Dalton. 321 490 662 Amending the charter of Sandersville ........................ 845 Amending the charter of Blakely......................... 371 671 Amen<lmg the charter of Greensboro .................... 373 671 Amending the charter of Duluth .......................... 373 674 Amending the charter of Columbus. . . .. . . . .. . . . . . . . . . ...... 373 Fixing the corporate limits of Griffin ....................... 373 Amending the charter of Americus .....................373 598 Amending the charter of Dawson.... . ..................373 675 Amending the charter of Monroe ......................... 373 675 Incorporating the town of Suwannee .................. 373 To amend the charter of :l\Iarthasville........................ 5117 To incorporate Grantville ...............................463 709 Amending the charter of Danielsville..................... .464 703 To amend the charter ol Jefferson, in Jackson county.... 464 786

CLAIM LAWSTo ameud the claim laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459

CLERKS, CONSTITUTIONALQualification of......................... . . .. . . . . .. .... .. 49

CLEHKS SUPERIOR COURTS-
Fees regulated in Crawford couutY. .................. 93 123 298 Requiring offiees to be kept open during certain hours......... 314 Authorizing Clerk of Chatham county to require deposit of costs
in civil cases ............................................ 314 Authorizing deputy clerks to authenticate deeds............. ,. 315 Making Clerk Superior Court oi Douglas county ex officio
Tr~asur~r. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 567 Consolidating Ulerk Superior Court ar"d Treasur-er in Paulding
county...... . . .................................460 701

COLLEY, HON. F. H....................... 10 100 179 224 281 232 COLLINS, HON. C. W.... . . . . . . . . . . . . . . . . . . . . . . 8 130 229 316 344 CROKEH, HON. S. A .....................5 132 170 231 2:n 323 COX, HON. L. F ............................. 5 12 14 169 237 345 COX, HON. A. H .... 9 48 GO 71 147 148 208 227 243 343 347 372

CODE, AMENDMENTS OF, ETC.-
To amend section 4414 of the Code.................... 62 83 117 To amend section 2918 ol the Code.. . . . . . . . . . . . . . . . 63 83 118

828

INDEX,

To amend section 4370 of the Revised l:ode.63 83 166 290 486 590 To amend sections 3419 and 3420 of the Gode ........ 73 118 266 288 To amend section 3554 of the Code......................... 73 290 To amend section 2932 of the Code. . . . . . . . . . . . . . . . . . . . . .. 73 122 To amend section 2009 of the Code............... 75 119 293 324 To amend section 4388 of the Code ........................... 75 119 To repeal section 346 of the Code. . . . . . . . . . . . . . . . . . . 93 120 299 To amend section 4057 of the Code.................... 95 142 298 To amend section 2040 of the Code................. 95 139 298 338 To amend section 3911 of the Code....................95 141 298 To amend section 3545 of the Code.......................... 96 141 To amend section 3740 of the Code................ &6 143 299 486 To amend section 3583 of the Code.. . . . . . . . . . . ... 96 143 298 338
To secure the rights of parties under section 4083 oft he Code. 96 143 To amend section 4325 of the Code.........................96 139 To amend section 898 of the Code.............. 98 141 295 339 546 To amend section 4814 of the Code, so far as the same relates to
Richmond county.............................. 98 142 302 602 To amend section 4560 of the Code..................... 98 142 303
To amend section 2617 of the Code............. . . ... 98 143 303 To amend section 4272 of the Code ........................98 142 To amend section 1574 of the Code........................ 99 142 To amend section 296 of the Code, so far as the same applies to
Thomas county...................................99 143 412 To amend section 1270 of the Code ................... 100 142 412 To amend section 4570 of the Revised Code.. . . . . . . . . . . . . . . . . . 129 To amend section 3971 of the Code relative to foreclosure of
mortgages on personalty. . . . . . . . . . . . . . . . . . . . . ......... 129 502 To amend section 459 of the Code of 1873 .................... 129 413 To amend section 4423 of the Code of 1873 ................ 129 413 To amend section 1991 of the Code........................ 130 To amend section 4386 of the Code of 1873................... 130 To amend section 4763 of the Code of 1873... . ............... 131 To amend section 3665 of the Code.. . . . . . . . . . . . . . . . . . . . . . . . 131 To repeal section 3583 of the Code and insert a new section in its
stead ................................................... 131
To amend section 298 of the Hevised Code ................ 132 419 To repeal sections 197, 198 and 1645 of the Code, etc ....... 134 416 To amend &ection 4441 of the Code of 1873 .................. 134 To amend section 3216 of the Code ........................ 167 181 To amend section 4262 of the Code .......................... 181 To amend section 4692 of the Code....................... 181 To amend sections 1416 and 1457 of the Code .............. 198 420 To repeal an act amending section 1700 of the Code.........199 421 To amend >ection 1979 of the Code................. . ........ 200

INDEX.

829

To amend section 281 of the Code.......... .

200

To amend section 4608 of the Code .......................227 419

To amend section 1407 of the Code.. . . . . . . .

. ..... 2:&7 546

To amend section 4414 of the Code.......................... 228

To amend section 4440 of the Code.. . . .. . .. . . . . . .. .. .. . . . . . . 228

To repeal sections 3907, 3908, 3909, 3911, 3912, 3913 and 3931 of

the Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228

To amend section 3972 of the Code........................ 230

To amend section 2026 of the Code.. . . . . . . . . . . . . . . . . . .. . . . . . 230

To amend section 4886 ot the Code of 1873. . . . . . . . . . . . . . . . . . . . 230

To amend section 3654 of the Code... . ................... 231 492

To amend section 4814 of the Code, as to the employment of

convicts............................................... 231 569

To amend section 889 of the Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . 236

To repeal sections 1571, 1572, 1573, 1574, 1575 and 1576 of the

Code ................................................ 236

To amend section 4319 of the Code ...................... 240 560

To amend section 1431 of the Code.......................... 240

To amend section 4716 of the Code........ . . . . . .. . . .. . . 314 567

To amend section 1203 of the Code....................... 316 fl16

To amend section 610 of the Code. . . .. . . .. . . .. .. .. . . . ...... 317

To amend section 4560 of the Code . . . . . . . . . . . . . . . . . . . . . 318

To amend section 4155 of the Code ................. 318 576 593

To amend section 2040 of the Code. . . . . . . . . . . . . . . . . . . . . . 318 617

To amend section 864 of the Code ....................... 318 569

To amend section 798 of the Cone....................... 318 569

To amend sections 1421 and 1431 of the Code............... 344 561

To amend section 457 of the Code............................ 345

To repeal section 926 of the Code........................ 371 671

To amend section .'>20 of the Code..... . .................371 671

To amend section 1631 of the Code ........................ 371 674

To amend section 2040 of the Code ..................... 371

To amend section 1656 of the Code.......................... 371

To amend the Code of 1873, so far as relates to the eounty of

Pulaski. .............................................. 371 675

To amend section 4845 of the Code . . .. . . .. . . .. . ......... 372 675

To amend section 4875 of the Code ........................ 372 675

To amend section 3297 of the Code . . . . . . . . . . . . . . . . . . . . . . .459 701

To amend sections 2537 and 2539 of the Code................. 459

To amend section 4712 of the Gode ...................... .459 786

To amend section 151 of the Code ............................ 459

To amend section 1563 of the Code ....................... 459 709

To amend section 4523 of the Code .......................... 459

To amend section 245 of the Code....................... .459 705

To amend section 598 of the Code...................... 459 705

To amend section 1099 of the Code........ . . .. . .........461 708

830

INDF.X,

To amend section 375 of the Code . . . . . . . . . . . . . . ..... .462 705 To amend section 1649 of the Code........................... 462 To amend sectien 3574 of the Code. . . . . . . . . . . . ..... .462 703 To amend section 2533 of the Code ...................... 459 706 'fo amend section 54 of the Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . 691 To amend chapter I, title II, part I of the Code .......... 692 786 To amend section 3907 of the Code... . ..................... 692 To amend &ection 4fi27 of the Code ......................... 692 To amend section 1034 of the Code........................ 693 794 To amend section 4712 of the Code. . . . . . . . . . . . . . . . . . . . . . . . . . 695

COLLECTION LA.WSTo facilitate collections . . . . . . . . . . . . . . . . . . . .......... 75 119 293 To protect landlords in collection of rents ..................... 240
COMPTROLLER GENERALElection of-Hon. W. L. Goldsmith . . . . . . . . . . . . . . . . . . . . . . . . . 85 Communications fromPay of-fixed compensation ................................462 705

CONSTITUTION PUBLISHING COMPA.NYTo incorporate................... .

. ..... 693 801

CONSTITUTION, AMENDMENTS-
To amend the Constitution of Georgia .................. 72 84 332 To amend section 9, article 5 of the Constitution of Georgia .. 94 143 To amend the Constitution of l.ieorgia .................... 9!) 119 To amend the Constitution ....................... 5~3 630 771 773 To amend the Constitution.. . .. .. . . .....................693 807

CONVENTION-
To provide for a Constitution!\! convention .....83 170 180 184 185 191 192 218 223 224 244 482 630 664 667

CONVICTS, COUNTYTo regulate certain convicts in Bibb cnunty ............ 319 564 584

COSTS-
To regulate the collection and payment of costs in criminal cases .................................................. 75 119
To secure costs to justices of the peace and constables ... 95 141 298 Providing for payment of costs to clerk of Superior Court and
sheriff of Clinch county................................... 134 To repeal an act in relation to payment of insolvent criminal

INDEX.

831

costs in Crawford county............................199 420 Rlpealing an act relative to insolvent costs in Clayton county .. 314
569 For the payment of certain costs in Superior Court of Oconee
county ................................................ 316 To pay insolvent costs to E. P. Howell ....................319 599 Authorizing payment of insolvent costs to Solicitors General, by
county treasurers, in certain cases .......................343 417 To provide for collection of costs in certain cases. . . . . . . . . . . . . 344 To provide for payment of certain insolvent costs in Augusta
circuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . ....... 344 653 In relation to insolvent costs of Crawford county ........ .451 700 To provide payment of insolvent costs in Norther~ circuit .459 705
COTTON SEE'J-
To regulate sale of in cerain counties... . . . . . . . . .........694 801

COUNTY COMMISSIONERS--
To allow commissioners of roads and revenue to regulate the sale of spirituous liquors in Effingham county............ 61 332
Amendatory of an act creating a board of commissioners of Meriwether county.............................74 122 291 333
Amendatory of an act providing for a board of commissioners for Camden county ............................92 122 295 337
To provide a board of commissioners of roads and revenue for Upson county......................................63 83 167
To create a board of commissioners of roflds and revenue for the counties of Warren and Tali~ferro....... 71 84 264 268 289
To amend an act creating a board of commissioners of roads and revenue for Thomas, Camden and Echols counties..71 84 26/i
Repealing an act creating a board of commissioners for Tatnall county. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . 72 79 265
Amendatory of an act creating a board of commissioners for Heard county ..................................74 121 292 324
To authorize the commissioners of Decatur county to issue cet lain bonds ................................... 76 119 340 391
Amendatory of an act creating a board of commissioners for Greene county..................................95 120 296 338
To repeal an act establishing a board of commissioners for Habersham county ............................ 95 142 296 338
To repeal an act creating a board of commissioners for Fayette county........................................ 96 141 301 502
To provide the manner of appointing commissioners for Mcin tosh county ................................... 96 142 304 339
Amendatory of acts providing 1'1 board of commissioner~ for Talbot county. . . . . . . .. . . . . . . . ................98 142 303 839

832

INDEX.

To amend an act creatin~ a board of commissioners for Johnson COUD ty. . . . . . . . . . ............................... 131 652
To repeal an act establishing a board of commissioners for Banks county....................................... 133 418
To regulate the pay of commissioners of Glascock county .. 134 393 To create a board of commissioners of roads and revenue for
Calhoun county ....................................... 170 419 To authorize commissioners of Chatham county to establish
voting precincts ... ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 To establish a board of commissioners for Columbia county
199 490 To create a board of commissioners for Early county....... 199 421 To provide a board of commissioners for Elbert county ........ 200 To provide commissioners for Ware county............... 226 600 To provide a board ol commissioneis for Mitchell county ... 229 491 To amend an act creating a board of commissioners for Eman-
uel county. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 504 To provide county commissioners for the county of Chattahoo-
chee............................................... . .230 599 To provide compensation for the county board of Camden
county ........................................_........ 241 To repeal an act creating an advisory board for Laurens county
315 615 Establishing a board of commissioners for the county of New-
ton................ . . .. . . . . . . . . . . . . . . . .. . ........ 316 598 To abolish the board ot commissioners of Washington county
317 649 To abolish the Board of Commissioners in the county of Jack-
son... . .......................................... 319 615 To abolish the Board of Commisssioners of Johnson county .... 344 Aut'orizing Commissioners of Bibb county to pay election ex-
penses................................................. 345 Abolishing the Commissioners of Baker county........... 345 593 To abolish the office of School Commissioner for Sumter county 347 To abolish the county commissioners of Lumpkin county..... 371 To amend an 1ct providing for commissioners of Decatur
county. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .459 709 An act to organize a board of commissioners for Twiggs
county. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... .462 710 To abolish the board of commbsioners of Forsyth county .... 692 807 To abolish the board of commissioners of Emanuel county... 692 794 To allow the commissioners of Macon county to compromise
a certain claim........ . . . . . . . . . . . ............... 695 804

CO GNTY OFFICERS-THEIR PowERS, DunEs, SALARIEs, BoNDS, ETC. To fix the fees of the sheriff and jailor of Stewart county. 63 83 166

INDEX.

833

To fix the pay of treasurer and jurors in the county of Upson.. 63
81 262 To limit the power of the grand jury and Ordinary of Ware
county in levying taxes ............................64 83 266 To repeal an act fixing fe"es of sheriff of Bartow county...... 94 124
295 336 To reduce the sheriff's bond in Webster county.......... 64 84 167 To fix the compensation of baliffs and ~Irors in the county of
Webster ........................................64 81 262 To provide for election of treasurer for Burke county. 92 120 295 337 To regulate the pay of county officers of Towns county ...... 71 81
264 393 Amendatory of acts fixing pay of officers of Effiingham county. . 61
85 117 261 To consolidate certain offices in Chatham county .... 92 120 294 337 To reduce the sheriff's nond of Columbia county..... 93 120 204 337 To regulate the fees of clerk and sheriff of Crawford county.... 93
123 298 To reduce the sheriff's bond of Ulineh county .......93 119 294 337 To reduce the pay of treasurer of Green county ....95 123 295 338 To regulate the pay ofjurors and bailiffs in Crawford county. 76 119 To facilitate county officers in giving their official bonds... 76 122
294 545 To authorize the county treasurer of Oconee county to pay out
certain moneys................................97 140 295 339 To reduce the sheriff's bond of Wilkinson county ...... 100 142 413 To require sheriff8 to keep record of persons committed to jail .. 129
413 584 To consolidate the county offices of Laurens county. . .... 130 489 To prohibit tax collectors, receivers and sheriffs of Camden
county from holding two terms in succession . . . . . . . . . . . . . . . 132 Defining the duties of the Ordinary of Fulton couuty .... 137 489 505 To repeal an act providing for payment of certain moneys to the
treasurer of Clarke county ................................. 198 Authorizing clerks of the court of Ordinary to administer oaths
in certain cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 Authorizing the Ordinary of Spalding county to move his office
from the Uourt house.... . ........................... 227 429 To provide for issuing and recording orders on the treasurer of
Spalding county ......................................... 227 490 To authorize the Ordinary of Mitchell county to farm out county
convicts ............................................ 229 492 Tu ament the act fixing fees of the sheriff of Chatham county ... 230 Requiring the Ordinary of Fulton county to perform certain
duties ..................................................... 230 Reducing the fees of timber measurers on the .Patillo river .. 23() ()99

834

INDEX.

To reduce the sheriff's bond of Wilcox county............. 236 490 To reduce the sheriff's bond of Dade county ............. 237 504 Requiring clerks of Superior court!! to keep their offices open cer-
tain hours ............................................. 314 Authorizing the clerk of Superior court of Uhatham county to
require deposit of costs in civil cases ........................ 314 To define more fully the duties of sheriff of Fulton county... . . . 314 To allow the authen~cation of deeds by deputy clerks Superior
courts ................................................ 315 Fixing fees of jailors in Banks county ....................... 315 649 To fix commissions of county treasurers ........ 318 566 572 Requring the Ordinary of Fulton county \o pay certain jury
certificates............................................ 319 568 To abolish the office of countv treasurer of Twiggs county ... 320 616 To limit the pay of Treasurer of Fulton county.............345 616 To protect sheriffs in making levies on personal property. . . . . . . 373 Requiring the Ordinary of Fulton county ~to furnish chambers
for Judge of the Superior Court............................ 131 Making clerk Superior court of Douglas county ex-officio Treas-
urer .................................................... 567 Fixing pay of county officers of Union, Towns and Rabun ... 458 704 To consolidate the offices of treasurer and clerk of Superior court
in Paulding county.............. . . . . . . .. . .......... .460 701 To empower the sheriff of Mcintosh county to execute justice
court processes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 691 To repeal an act granting certain powers to the Ordinary of
Troup county ........................................ 693 804 To reduce salaries of certain officers in Forsyth county...... 794

COURTS-JusTICEs AND JusTICES oF THE PEACE.
To require judgments rendered in Justice Courts to be entered on Superior Court docket. ..........................72 84 265
To repeal an act extending the jurisdiction of justices of the pe<~ce in the county of Wilcox. . . . . ................. 93 120 294
To define the fees of justices of the peace and constables in this State.............................................97 142 487
To define the duties of justices of the peace of Baker county ... 137 Giving criminal jurisdiction to justices of the peace in Lincoln
county.................................................. 232 To prescribe the fees of justices of the peace and constables of
Chatham county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 393 599 603 In relation to jurisdiction of the justices of the peace in the town
of Barnesville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290 To repeal an act increasing the jurisdiction of certain justices of
the peace in Douglas c;ounty. . . .. . . . . . . ... . . . . . . . . . . . . . . . . 338 In relation to election of justices of the peace in Savannah . 344 632

INDEX.

835

To repeal au act authorizing justices to act as road commissioners in Emanuel county. . . .. . . .. . . .. .. .. . . .. ... .. . . .459 709
To extend the jurisdiction of justices of the peace and notaries in Chattooga, Dade, Walker and Catoosa ............... .460 787
To extend the jurisdiction of justices of the peace, etc. in certain counties ................................................. 695

COURTS-ORDINARY.
To authorize Ordinaries of this State to enter up judgments against executors, etc., and issue and collect fifas thereon..... 227
Investing Ordinary with authority to assign dower............ 316 T9 authorize Ordinaries to decide contested elections........ 323 To regulate the time of holding the Court of Ordinary for Schley
county ................................................. 6~5

COURTS-CoUNTY AND CITY.
To abolish the County Court of ulayton county........61 82 116 To further organize the City Court of Atlanta .............. 62 117 To abolish the County Court of Newton county . . . . . . . .64 84 262 To abolish the County Criminal Court of Schley county .. 72 84 265 To amend the County Court act of Pike county......... 73 118 324 To abolish the County Court of Marion county ..... 74 121 201 333 To abolish the County Court of Carroll county ......76 121 294 334 To abolish the County Court of Jackson county......... 63 83 117 To amend an act establishing a County Court for DeKalb,
Henry, Carroll and Sumter......................93 120 299 502 To repeal an act organizing a County Criminal CO\ut for Effing-
bam county..................... .. .. .. .. .. .. .... 93 120 645 To establish a City Court in Gainesville ........ 95 139 298 338 416 To abolish the County Court of Troup county...........99 142 412 To abolish the County Court of Webster county ....... 100 142 412 To amend the act creating a County Court for Randolph coun-
ty.... . . .. . ................................... 129 413 Repealing an act amendatory of the County Court act of Dough-
erty, Early and Lee..................................... 1?0 To amend the County Court act as it applies to Greene county. 131
414 To establish a County Court for the County of Dougherty .. 132 390 To establish the jurisdiction of the County Court of Clarke
county. . . . . . . . . . . . . . . . . . . . . . . . . ...................... 132 418 Providing for service of writs, processes, etc., in Ceunty Courts. 132
419 To amend the County Court act as to the county of Baker...... 137 To dispose of certain criminal cases in the County Court of
c;arke county ....................................... 1118 418

836

INDEX.

To amend an act limiting and defining the jurisdiction of Elbert County Court................................ 200 421
1o organize a Criminal Court for Washington county ...... 226 502 To abolish the County Court of Twiggs county .............227 490 Amendatory of an act creating a County Court for Rockdale
county................ . . .. . . .. . . . . . .. .. .. . . ...... 227 490 To abolish the County Uourt of Lowndes county .............. 229 To amend the County Court act so far as it relates to Houston
county ................................................ 229 561 To abolish the County Court in the county ot Crawford .... 230 504 To amend the City Court law of Savannah .................. 230 To abolish the County Court of Dodge county ............. 231 504 To amend the County Court act as to Burke county....... 231 505 To organize a Uriminal Court for the county of Bartow..... 232 564 Amending the County Court act of Macon county .......... 316 558 To repeal the act est:tblishing a County Court in the several
counties of this State, so far as the same relates to Polk coun ty .................................................. 317 569 To repeal certain acts relating to the City Court of Atlanta.... 319 To amend the County Court act so far as relates to :Henry fand DeKalb counties................................. . . .460 702 To abolish the County Court of Glynn county ............. 692 801 To amend the County Court law of Habersham county ..... 692 787 To amend the County Court law in the county of Calhoun..... 692 To abolish the County Court of Miller county ............. 693 806 To transfer certain cases from the Superior Court to the County Court of Miller County ....................... 603 767 801 806

COURTS-SUPERIOR.
To ratify and confirm the act allowing Superior Courts to create and renew corporations... . . .. . . .. . . .. . . . . ...... 73 118 266 288
Providing for the transfer of certain cases from Superior Court of Fulton county to the Uity Court of Atlanta .... 94 121 296 338
To change the time of holding Superior Courts fur the county of Miller......................................... 97 141 302 339
To change the time of holding Superior Courts in the counties of Rockdale and Pike.............................. 98 142 504
To provide for an issue docket in the Superior Courts .....131 393 To change the time of holding the Superior ()ourt of Burke
county.. . . . . . . . . . . . . . . . . . . . . . . ...................... 132 418 To change the time of holding the Superior Courts for Effing
ham county .........................................199 421 Requiring Judges to give section 3917 of the Code specially in
charge to gnud jurors................................... 228 To change the time of holding Superior Courts in the counties
of Meriwether, Campbell and Fayette .... 229 491

INDEX.

837

Requiring Judges of Superior Courts to altetnatE'.............. 231 Conferring certain exclusive jurisdiction nn the Superior Courts. 316 To authorize the Superior Courts to summons tales jurors in
certain cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318 Requiring Judge to give the public school law in charge to grand
juries................................................ 317 To change the time of holding Superior Cnurt in Dodge county. 238 Allowing Judges of Superior Courts to make certain rules ..... 314 To change the time of holding Superior Courts for Baker, Cal-
houn and Decatur . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .459 700 To repeal ~m act giving Judge of t!Je Western Circuit power to
fix the fees of clcr)(S of Superior Courts, Ordinaries, sberilf~, etc.................................................. .460 701

COURTS-SUPREME-JUDGES, CLERKS, PRACTICE, ETC.
To fix compensation of clerk of.... . .................. 75 123 340 To repeal sections 12 and 3 of an act fixing pay of clerk Su-
preme Court................. . ......................... 129 413 To prevent the dismissal of writs of error in Supreme Court ... 199 Prescribing duties of Judges Supreme Court. ............... 199 To regulate the docketing and trial of cases in the Supreme
Court. ............ . . . ................................. 228 To change the time of meeting for the fall term of Supreme
Court. ............................................... .460 705 To regulate the practice in t!Je Supreme Court. ............... 460
CRIMINAL LAW.
To add a section to the penal code in relation to slander..... 63 83 To change the penalty for the crime of arson in the country. . . 63
83 166 167 To declare certain conduct of an employee cheating and swin-
dling .................................................... 131 To repeal an act amending section 4401, in reference to hog
stealing ............................................131 426 To protect the public against unlawful conduct of railroad em-
ployees ............................................. 692 786 Amendatory of an act prohibiting buying and selling farm pro-
ducts between certain hours. . . . . . . . . . . . . . . . . . ... . . . . . . . . . . 137 To prescribe the penalty for a~ault and assault and battery .... 181 To make it a misdemeanor to plant a crop without a sufficient
fence.... .... . . . . . .. . ... .. .. . . .. . .. .. .. . ... .. .. ..... 198 To make the purchase and sale of cotton futures a misde-
meanor ..............................................227 546 To make it penal for a person to change his or her name ..... 228 To change the penalty of bestiality, as contained in section 4355 54

838

INDEX.

of the Revised Corle ............................... 242 564 'J'o aid the conviction of theft of animals in Camden county... 314 Making it a felony to take and carry away corn, etc., in the
night time, etc... . . . . . . . . . . . . . . . . . . . . . . . ...... 344 649

D

DAVIS, HON. W. A .................................. 5 63 231 343

DAVIS, HON. B. :M

. . . ....... 7 62 26 229 230 232

DAVIS, HON. B. F .................. 9 77 116 185 198 200 201 374

DAVISON, HON. W. H ......................... 9 49 129 320 346

DELOACH, HON. R. W ...................................... .4 76

DEWES, HON.............................................318 345

DOZIER, HON. G. A. B ......................................7 95

DOZIER, HON. L. P ........................................ 8 98

DUGGAR, HON. B. C....................... 6 40 62 130 131 192

DUDLEY, HON. M. J ....... ........................7 131 200 322

DUKE, HON. G. R ................................ 7 63 74 223 303

DISTRESS wARRA.NTS-ULAIMS, ETC.
To provide for claims ii, ca;es of distress warrants ...... 98 142 412

E.

EVANS, HON. 1\L A. .......................... 7 149 233 EVANS, REV. M....................................... 144 319

ELECTIONS AND ELECTION LAWS-

.I<'or Speaker of lloust: Representatives... . . . . . . . . . . . . . . . . . . . . 10

!<'or Speaker pro /em. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

For Clerk.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

For Doorkeeper............................................ 10

For Messenger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

To change the time of closing the polls at election precincts in

this State . . .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . .63 85 117 212

Election of Secretary uf State. . . . . . . .

. . . . . . . . . . . . . . . 85

Election of State Treasurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85

Election of Comptruller Geneml.. . . . . . . . . . . . . . . . . . . . . . 85

Election of Public Printer to fill unexpired term.. . . . . . . . . . . . 85

Election or U uited States Senator... . . . .181-3 18U-90 202 218--222

A bill to require voters of Chattahoochee county to vote in the

militia districts.... .. .......................... 97 141 302 339

To regulate tlle manner and placea of voting . . . . . . . ..92 120 298

Election (contested) of Baker county ............. 244 <l55-60 280

To provide for a vote of the people of Baker county on the re-

INDEX;

839

moval of the courthouse.. . . . . . . . . . . . . . . . . . . . . . . . .... 345 598 To regulate the opening and closing of the polls at Cochran,
Pulaski county...................................... 371

EMIGRANT AGENTSFixing llcense of, in each county ..

. ........ 343 649

ESTATES-
To protect creditors of estates in certain proceedings .......... 461 To protect creditors of estates in assignment of dower ........ 461

EXECUTIVE MANSION-
Resolution to repair Mansion and furniture ................ _go 127

EXECUTORS, ADMINISTRATORS, ETC.-
To forbid executors, guardians, and other trustees, from invellting trust funds, except in securities of the :::Hate of Gtorgia 60 SO 417
Prescribing an expeditious mode of administration on small estates........... .. ..................................... 314

EXEMPTIONS-
To exempt cotton, corn, and other produce, held by producers of April 1st from taxation ............................ 62 288
To exempt homemade furniture from taxation................ 99 To exempt certain widows' property, to the amount of $500,
from taxation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 141 To exempt certain persons from tax duty. . . . . . . . . . . . . . . . . . . . . 134 To exempt members of the Georgia Huzzars from jury duty .135 417 To exempt $200 worth of property Jrom t11xation. . . . . . . . . . . . 141 To exempt $100 worth of property lor each head of family from
taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 To exempt $200 worth of property from taxation.. . . . . . . . . . . . . 236 To exempt from taxation certain property of widows and
orphans........................................ . ......... 237 To exempt the voluntary military of the State form jury duty,
road duty and poll tax......................... .. ..... 239 561 To Exempt pilots from jury duty ......................... 314 567 To exempt members of the Hardwick Mounted Riflemen from
road duty. . . . . . . . . . . . . . ............................347 560 To exempt the Screven Troop from road and jury duty ....... 648 To grant certain privileges to the Griffin Light Guards ....... 649 To exempt certain persons from road duty in Liberty county. 695 794 To exempt the Thomasville Guards from jury duty ............ 80i

840

INDEX.

F

FAIRCLOTH, HON. WM. T ..................... 10 64 218 236

FLETUHER, HON. J. B..

. ......................... 7 96

FORT, HON. ALLEN. . . .. . . . . . . . . . . . . . 9 41 126 129 239 241

247 322 343 346 372 373

FORTNER HON. S. M. . . . . . . . . . . . . . . . . . . . 7 96 131 236 344

FREEMAN, HON. J. R... .. . . . . ..................... 5 323

FHEDEHICK, HON. J.D.. . . ..

8 96 240 321 349 371

FRY, HON. G. T.... . . . . . . . . . . 7 13 14 15 40 48 58 59

u2 75 94 137 146 172 193

200 222 239 314 319 320 323

FARM PRODUCTS-SAI.E OF, ETC.
To regulate tile sale of farm pro<lncts in Lee county. . . . . . .. 240 699 To extend a..~ act fur protection of f:trms of Chaar!tun county, to
the county of Camden. . . . . . . . . . . . . . . .................. 240 505

FENCE, AND STOCK LAWS-
To define the liability of owners of pastures or Pnclosures for stock ....... , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
Making Apalacl!ee river a lawful fence ................... 374 671 To prescribe a stock law for localities on the Chattahoochee
river .................................................. 374 674 To encourage the raising of stock 111 this State................. 374 To encourage sheep raising ............................... 374

G

GHANT, HON. J. H.

. .. 7 95 131 201 229

315 344 345 347 374

GRAY, HUN. W. J . . . . .. . . . . . ... . . . . . . . . 8 73 130 324

GLOVEH, HON. N. S. .. .

. .................... 7 96 227

GLOVER, HON..J. T ............................... 9 320 345

GOLD~i\liTH, W. L., Comptroller General........ 8.'> 184 185

GOODRC:II, HON. W. G................ . . . .. ........ ... . . 9

GREEN, HUN. J. A ................. 5 91 143 147 151 200 223

GRESH.\ :II, HON. V. D ......................... 6 94 131 374

GUYTON", HON.C. S. .. ....... .. .. .. .

. ....... 7 130 315

GARNISHMENT LAWS-
To amend the g trnishrnent laws and section 3554 of the Codf'. 73 118

INDEX.

841

GEORGIA LAND AND LUMBER CO~IPANY

To require its incorporation in this State

........ 227 600

GUANO, ETC.-
To regulate storage of in Covington ....................... 316 598 To regulate the liability of common carriers a.B to storage of fer-
tilizers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 317 For the mutual protection of dealers and purchasers of fertilizers 344

H

HAM\-10ND, HON. W. M................... 9 12 71 99 238 317

HARALSON, HON. T. J.

. .............................. 9 99

HARDEN, HON. W. P... ... . . . . .............. 6 314 321 323 346

HARRISON, .fAMES P., State Printer....................... 85 86

HARRELL, HON. WM. H.... . ................ 6 61 75 93 197

HAWES, RON. A. L........ . . . . . . ... . .... 5 57 137 231 232 237

HILLYER, RON. HENRY ............... 7 49 62 94 97 131 167

200 201 2B8 315 319 321 329

HOGAN, HON. H ..................................... 5 76 97

HOGAN, RON. JEFF ........................................ 8 97

HOLLIS, HON. ROWELL.............. . . . . . . . . . 8 74 130 345

HOOD, HON. A .... 9 10 12 15 40 42 45 48 63 68 86 127 128 129 150

181 224 ~25 243 244 253 261 2~5

266 280 283 302 317 341 347 374

HUGHES, RON. N.C ....................................... 10 100

HU~IBER, HON. U. U.................................. 9 317 345

HUTCHINS, HON. N. L .......................7 95 239 573 374

HOMESTEAD.
To amend the homestead law~ ....................... 95 141 298 To ameml the homestead laws of this State, appruved Feuruary
26, 1876. . . . . . . . . . . . . . . . . . . . . . . . . . ................. 131 561 To amend the homl'stead h1ws of this State ................... 229

HOTELS-KEEPEUS OF. To re~ulate the liability of hotel keepers . . . . . . . . . . . . . . . . . . . . 317

HUNTING AND FISHING, ETC.
To preYent fox hunting in the county of Clinch........ !i3 120 390 To amend certain acts relative to propagation of fish in this
Stale................... . . . . . . . . . . . . ............. 96 139 545 To allow land owners to prohibit lnmting on their premises, Pte. 130 Ureatiug a Commissioner of Fish and Fisheries in this State.136 545 To protect animals (game, etc.,) in Thomas cor.nty....... 71 84 265

842

INDEX.

To amend certuin acts for the protection of game in Bryan county... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . 169 418 653
To repeal an net to prevent seining in the waters of Worth county. . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . ....... 226 490 675
To amend an act to prevent the killing of game in .Muscogee, Lincoln and Baldwil counties ....................... 228 491
To apply the game lawl! to Camden, Bartow, Putnam and Floyd counties ...................................... 314 567
To prevent hunting and fishing on the lands of 11nother in Bryan county.... . ...................................... 345
To amend an act prohibiting hunting on lands of another in Quitman and Camden counties........................ .461 709
To amend the game laws of Bryan county...............691 806

INCORPORATIONS.-CREATED, OR (.}HARTERB AMENDED-DIVI-
DENDS AND LIABILITIES THEREOF; ETC.
To incorporate the Independent Free School of West Point... 60 82 244
To incorporate Wofford Academy, in Bartow county..... 61 82 152 To incorporate Tryon Manufacturing Company . . . . . . . .61 81 152 To amend the charter of Jonesboro ..................... 61 81 152 To incorporate the Kennesaw Mills Company, in the county of
Cobb ..............................................61 81 153 To amend the charter of Bainbridge .................... 61 81 153 To amend the charter of the Bank of Rome............. 62 80 154 To incorpurate the Oostanaula and Coosawattee River Steam-
boat Company .................................... 62 81 166 To amend the charter of Selma, Rome and Dalton Railroad. . . 71
62 264 To amend the charter of August~~o and Knoxville Railroad ... 73 125
478 To prevent corp"rations from declaring dividends except on
legitimate earnings. . . . . . . . . ............... 75 125 293 304 393 To incorporate the Middle Georgia Mineral Association ..... 77 125
294 334 To incorporate the Merchants' l:!ank of Macon .......... 77 126 334 To incurporate the Milledgeville Manufacturing Company .. 91 125
295 336 To repeal all laws incerporating the city of Gainesville ...... 95 140
296 338 To incorporate the town of Rocky Mount, in Meriwether
county ........................................ 97 140 302 339 To incorporae Barnesville High School. ...............98 140 302 To amend the charter of the Masonic Hall of Augusta ...98 140 412 To amend the charter of the Union and Habersham Turnpike
Company ............................................ 99 140

INDEX.

843

To incorporate the Brooks County Manufacturing Company... 76 121 340 349
To amend the charter of Cartersville.. . . . . . . . . . ...... 125 294 336 To amend the charter of the Georgia Home Insurance Com-
pany. . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . .............. 135 413 To incorporate the Dade Iron Company ................... 135 418 To incorporate the town or Midville, in Burke county ..... 170 419 To amend the charter of Griffin ........................ 227 429 To amend the charter of Valdosta. . . . . . . . . . . . . . ...... 229 491 To amend the charter of the town of Perry ............... 229 491 To amend the charter of Hamilton ...................... 230 503 To amend the 20th section of the charter :>f Dalton. . . .. . . . . . . 235 To incorporate The Rock, in Upson county ............... 238 428 To amend the charter of Boston, iu Thoma& county ........ 238 429 To incorporate the Georgia Chemical Works.............. 238 429 Amending the charter of the Augusta Savings Institution ...238 428 To amend the ch!:rter or Summerville. . . . . . . . . . . . . . . ....2:38 432 To Incorporate the Fish Trap Gold ~lining Company ..... 238 GOO To incorporate the Georgia Land and Immigration Company. . 238
600 601 To incorporate the Au!oria Hydraulic and Minirg Company... 238
601 To amend the charter (,f the Scofield Rolling Mill Company ... 238
504 To amend the charter of Atlanta .......................... 238 481 To incorporate the Atlanta Testing and Mining Company .. 239 504 To incorporate the Lawrenceville Branch Railroad Company .. 239
561 To amend the charter of Athens ........................... 239 419 To incorporate the Georgia Cornwall Copper Mining Company. 239
562 To incorporate the Laurel Mill Manufacturing Company. 239 505 654 To amend the charter of the Belgian American Company...... 240 To amend the charter of the Hawkinsville Bank and Trust
Company.... . . . . . . . . . . . . . . . . . . . . . . . ..................243 546 To amend the charter of Exchange Bank of Macon......... 243 570 Amendatory of the charter of the People's Bank of Macon .. 243 562 To amend the charter of St. Mary's..................... . .321 6'>3 To incorporate Alatoona Gold Mining Company. . . . . . . . . . . . . 32 To repeal the charter o; the town of Rome ................... 321 To incorporate Rome Fire and ~iarine In~urance Company .... 321 To incorporate Gwinnett Manufacturing Company......... 321 502 To incorporate the Collins Manufacturing and Power Company 321
615 To incorporate the Methodist Episcopal Church near Grays-
ville, Catoosa county...................................321 567

844

INDEX,

To amend the charter of the town of Spalding............ 321 568 Amending the charter of Social Circle..................... 321 652 To amend ~be 8th section of the charter of Daltoll ......321 490 652 To incorporate the Ralmn Gap High 8chool. . . . . . . . . . . . . . . . . . 323 Ainending the charter of the town of Sandersville ............. 345 To incorporate the Grand Lodge of Knights of Honor ......... :346 To incorporate the Direct Trade Union .................. 346 653 To repeal the charter of Blakely. . . . ..................... 371 671 To amend the charte1 of Greensboro ..................... 373 671 To amend the charter of Duluth... . . . . . . . . . . . . . . . . . . . . 373 674 To amend the charter of Columbus......... . . . ........... 373 To fix the limits of Grifliiu ................................ 373 To amend the charter of Americus ........................ 373 598 To amend the charter of Dawson ...................... 373 675 To amend the charter of Monroe .......................... 373 S75 To incorporate the town of Suwannee.. . . . . . .. . . . . . . . . . ..... 373
To incorporate the Fort Gaines and Pataula Valley Railroad .. 374 653
To amend the act incorporating the town of Marthasville..... 567 To amend the charter of Uastle Rock Uoal Company. . ... .460 701 To incorporate the town of Grantville .................... 463 709 To incorporate Georgia Chemical Works ................. .463 710 To incorporate Georgi Chemical and Mining Company ... .463 708
Tu amend the charter of the 8cofield Rolling Mill Company ... 463 748
To amend the charter of the Gainesville, Blairsville and Northwestern Railroad Company.......... . .. . . . . . ......... .463 706
To amell(I"the charter of Danielsville.................... .464 705 To amend the charter of the Dade Uual Company ......... .464 705 To revive and amend the charter of Barnard and Anderson
Street Rdlroad Company . . . . . . . . . . ................ .464 705 To provide for the sale of bank, railroad, and stock of other in
corporated companies..................... . . . . . . . . . .464 709 To amend the charter of Jefferson, in Jackson county ...... .464 786 To amend the charter of the CapittJ.l Bank of Macon ..... 464 712 To incorporate the :M.t. Airy Savings Bank..... . . . . . . . .. 464 710 To incurporate the Herndon and Swainsboro Ralroad Com-
pany ................................................ 691 792
To incorporate Covington Savings Bank .................691 787 To incorporate Atlanta Cunstitution Publishing Company .. 693 807 To incorporate the Sterling and Jacksonville Railroad Company 693
807 To incorporate the Macon Brewing Company ............. 693 801 To incorporate the purchasers of the Georgia Western Rail road 693
801

INDEX,

845

To incorporate the Chestatee and Yahoola Mining Company, .. 694
794 To incorporate the Cherokee Copper Min in~; Company..... 694 794 To amend the charter of the State Savinga Bank of Atlanta.694 802

INSPECTION AND INSPECTORS-
To make charges for inspection of guano uniform .......... 96 139 Requiring owners of steam boilers in this Htate to have the same
inspected. . . . . .. .. . . .. . . .. . . . . . .. . .. . . .. . . . . . . .. . . . . . . . 200 To make the inspection of fertilizers more effective and econom-
ical. . . . .. . .. . . .. .. .. .. . .. .. .. .. . .. .. .. .. .. .. . .. .. . 323 648 Repealing an act to protect farmers from imposition in fertil-
izers................................................323 654

INSURANCETo regulate the law of. .................... .463 789 790 791 805

INSURANCE COMPANIES-
Amending tlie cllarter of the Georgia Home Insurance Company. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... 135 413
To incorporate Rome Fire and Marine Insurance Company.... 321

INSTITUTION FUR THE DEAF AND DUMB-
To provide a f1trm of government for. . . . ................. 228 482 To change the admission to ............................ 243 503

INTEREST-RATE OF, ETC.
To amend an act fixing legal rate of interest .......74 121 291 417 To amend the usury laws of Georgia ..................... 320 428

J

JACKSON, HON. JAMES...............................

5

JAMES, HON. JOHN H ......7 12 15 41 42 45 56 59 60 77

90 94 127 137 147 200 201 202

223 230 236 228 307 314 318 345

JOHNSON, BON. W. E .....................................9 98

JONES, HON. J. 8 ........................................ 8 45 229

JONES, HO)I. SEABRON........................... 8 127 130 317

JONES, REV. JOHN........................... . .. 55 65 78 127

JORDAN, HON. J. T ................. 7 40 62 73 116 193 224 244

248 261 262 264 266 268 324

JORDAN, HON. GEO. W ........................8 75 98 132 228

243 263 283 32! 371

846

INDEX.

JAILERSFees of in Stewart county . . . . . . . . . . . ............... 63 83 166 Fees of in Banks county ................................ 315 649

JUDICIAL CIRCUITS-
To change the county of Echols from the Brunswick to the Southern Circuit .................................. 75 119 482
To create a new judicial circuit, to be called Apalachee ...... 9.'i 119 To attach Clayton county to Flint Judicial Circuit ............ 231 To transfer Liberty county to the E6stern Judicial Circuit. .316 616 To fix the number of Judicial Circuits, etc.................... 444

JUDGMENTS-
To authorize their rendition at first term in certain cases.97 142 303 To regulate the granting of judgments in the Superior Courts of
this State ............................................. Z32 JURORS-JuniEs AND JuRY TmAJ,s.
To reduce and distribute the grand jurors of Bartow county.. . 61 8R 116
To regulate the fees of jurors in W~tre county ....... 64 84 167 290 To regul>tte the pay and number of jurors in Whitfield county. 71
84 262 268 To regulate the pay of Jurors in Paulding county ... 73 118 290 324
486 To regulate the pay of jurors in Oconee county ..... 93 118 291 3~3 To compensate grand and petit jurors in Washington, Lincoln,
Screven, Gordon and Hall .......................... 74 125 502 To fix the compensation of jurors m Henry county .... 74 121 292 To fix the fees of jurors and bailiffs of Berrien county .. 92 120 296
337 To fix the pay of jurors in Chattahoochee county ... 92 122 294 337 To regulate the pay of jurors in Chattahoochee county .. 93 120 299 To fix the pay of grand and traverse jurors in Dodge county.. 95
141 573 To reduce the number of jurors in Jasper county ... 96 139 299 338 To fix the pay ol jurars in Washington county......... 99 141 491 To change the oath of grand jurors................. 100 143 428 To regulate the pay of jurors for Crawford county ...76 119 293 333 To reduce and fix the number of grand jurors and regulate the
manner of their organization. . . .. . . . . . . . . . . . . . ....... 132 261 To allow jurors to furnish substitutes ...................... 132 To provide for juries in Justices' Courts ................... 190 To regulate the pay of jurors in Telfair county ............... 227 To preserve and protect the right of trial by jury ... ........ 231 To fix the per diem of officers and jurors in Washington and

INDEX.

847

Johnson counties......... . ............................. 235 To fix the per diem of jur'lrs in Emanuel county ........ 236 504 To regulate the pay of jurors in Lee county................... 236 To regulate the pa.y of jurors and bailiffs in Johnson county ... 236 To amend an act fixing the per diem of jurors in Schley
county................... . . . . . . . . . . .. . . . . . . . . .. .. .266 288 Fixing fees of jurors in Laurens county................... 315 611'i To abolish the pay of jurors in Mitchell county ............... 316 To fix the pay of jurors in Baker county. . . . . . . . . . . . . . . . 318 567 To fix the pay of tales jurors in Henry county .......... .460 701 To fix the pay of jurors and constables in Paulding and Haral
son .............................................. 463 702 To provide lor compensation and selection of jurors where a county may be a party... . . . . . . . . . . . . . . . . . . . . . . . .. . ........... 462

K.

KENDRICK, HON. W. C ............................9 64 100 346 KENNON, HON. R. E .. 6 49 64 92 138 143 199 207 217 222 314 374 KEY, HON. J. C .....................................7 96 131 315 KIMSEY, HON. J. T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 71 134 317 KIRBY, HON. JAMES B. ..............................5 92 318 KNOX, HON. JAMES ........................ 9 100 235 239 317 322

L

LANG, FIELDER.................................... 6 92 202 318 LEACH, HON. THOS . . .. .................................. 8 320

LAND SCRIP-
To repeal an act providing for equitable apportionment of land scrip................................................... 375

LAND wARRANTS-HEAD RIGHTS.
Prohibiting land warrants under head rights from the Land Court of Camden county............................ 132 589

LEGAL SERVICE-
To effect the more speedy senice of court papers where the sheriff is a party ...................: ...................... 316

LIBRARIAN-STATE.

To furnish copies of Constitution to members.........

59

To furnish copies of the Cude... . . . . . . ... . . .. . . .. . . . . . . . . . 89

To render females eligible to office of. . . . . . .. . . . . . . . . . . . . . . . . 71

848

INDEX.

Authorizing librarian to furnish certain hl'oks to clerk of Snpe rior Court of Clinch county ............................ 231 735

LIENS-oF JuDmlE!<Ts, ETC.
To alter the law in relation to liens of judgments ........ 62 82 262 To alter the law in relation to liens of mortgCLges........ 62 82 26 2 To create liens in favor of teachers ........................... 241

LIQUORS, INTOXICATING-SALE OF ETC.

To prohibit the sale of in 82>st district G. M. of Lumpkin coun ty ............................................. 74 122 291 333
To prohipit the sale of in certain places named in Jackson county ......................................... 74 292 3U3 350
To repeal an act prohibiting sale of within two miles of Harmony Grove Academy, in .Jackson county .......... 74 122 292 303 350
To repeal the act prohibiting the sale of in the county of Bartow, so far a; relates to the town of Adairsville . . . . . 77 126 295 33 6
To regulate liq Lwr licenses of the county of Effingham ....... E\3 117 To prohibit sale of within three miles of Consolation Church,
in Appling county ........................... 91 122 294 336 To prevent the sale of liquors near Berzelia Station on the
Georgia .Railroad ................................ 93 120 294 To prohibit the sa~ ot liquors within two miles of Union
Church. in .Monroe county . . . . . . . . . . . . . . . . . . . . . . . . 97 140 487 To amend an aet prohibiting tbP sale of licuwr in the town of
Milner.................................... .. .. 98 142 302 To repeal an act regulating the sale of liquor in Floyd, Dade
and Polk, approved February 26, 1876, so far as applies to Marion county. . . . . . . . . . . . . . . . . . . . . . . ....... 130 265 289 489 To repeal an act regulating sale of liquor in Miller county ... 130 414 To amend an a<:!t regulating the mode of licensing the sale of liquor in .Jefferson, Burke and Washingtom counties ......... 130 To prohibit sale of liquor near Red Oak (:burch, in Pike coun-

ty, and Providence Church, in Spalding county .......... 137 418

To amend the local option law, as the same relates to the city of

Dalton. . . . . . . . . . .

. ..................... 137 418 645

To regulate liquor licen~e in Appling county ............. , .1G9 418

Tn repeal cert>tin acts prohibiting sale uf liquor in Butts county 170

419 To amend ,,n act regul~ting the ~ale of liquor near Ward's Sta
tion, in Randolph county........................ . ..... 181 419 T<> prohibit the sale, etc., of liquors on day of election, ail<! pro
vide a penalty therefor.. . . . . .. .. . . . .. . .. . . . .. ..... 198 420 To amend the act prohibiting the ~ale of liquor to minors ... 199 420 To p10hibit tile sale of liquor in the town of Sharpsburg .... 199 421 To prohibit sale of liquor within two miles of Midway Church,

INDEX.

849

Gwinnett county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 200 428

To prohibit sale of liquor near Sugar Valley Baptist Church,

in Gordon County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 200 428

To repeal the local option law, so far as applies to the city of

Rome ......................................... 202 421 490

Repealing an act to prohibit sale of liquor in Warrenton....... 226

To allow s-.le of liquor and wines lJy druggists for sacramental,

medical purposes, etc................................... 228

To regulate the sale of liquor in Wild Cat and Scull Shoal dis

tricts of Oconee county......... . . . .. .. .. .. ............. 228

To prtvent the sale of liquor near Mt. Zion, Hancock county ... 229

491

To amend the act prohibiting the sale of liquor near Villa Rica 230

505 653 To amend the act prohibiting salE of liquor in Cusseta District,

Chattahuochee county ............................ 231 598 613

To prohibi~ sale of liquors near Pleasant Grove Academy, in

Glayton county ...................................... 230 505

To repeal an act prohibiting the sale of liquor near Kingston,

Bartow county ....................................... 239 505

To regulate the sale of liquors at certain points in Fulton county. 315

To prohibit the sale ofliquors on St. Simon's Island .......315 615

To r~peal an act prohibiting the sale of liquors at certain points

in Gwinnett county......... . . . . . . . . . . . . . . . . .......... 315 568

T:> prohibit the sale of liquors near Lebanon church, l\I ,con

county ............................................... ;l16 568

Amendatory of >Ill act prohibiting sale of liquor at certam points

in Meriwether county .................................. 316 569

The prevent the furnishing of liquors on election days .... 317 598

Prohibiting the sale of liquors at certain points in Towns

county.............................. .. .... . .. ..317 617

Repealinl.l: an act prohibiting the sale of liquors in Putnam

county ................................................ 320

To prohihit the Sile of liquors near Snapping Shoals, in Newton

county..

. ............................ 344 652

Fixing liquor license in the town of Blackshear..... . ..... 344 652

To prohibit the saiP of liquor in Senoia.... . ............. 346 616

To regulate the sale of liquor at certain points in DeKalb county. 371

653

To prohibit the sale of liquor near Eureka and Bethel churches. 371

671

To prevent the sale of liquor In Glascoek county by non-resi-

dents ...................... - ......................... 371 674

To prohibit the sale of liquors in the county of Pulaski., .... 371 674

To repeal an act prohibiting the sale of liquor in Warren

county..................... . . . . . . . . . . . . . . . . . . . . . ,,, . 372

850

INDEX.

To prohibit the sale of liquors near Ularkesville .......... 374 674 To prevent drunkenness in this State...... . . . . . . . . . . . ... 374 To regulate the sale of liquor in White county ............. 386 674 Prohibiting the sa.le of liquor near Danburg, Wilkes county. 459 701 To prohil.Jit the sale of liquor near Masonic .!.cademy, in
Swainsboro .. . .. .. . .. . . .. .. . .. .. .... .. .. ........... .459 701 To prohibit the furnishing of liquors on days of election. 460 606 722 To prohibit the sale of liquor near Statenville ............. .461 704 To prohioit the sale of liquor in Wilcox county ............461 705 To repeal an act prohibiting the sale of liquor in Floyd, Uoweta
and other counties, so far as it relates to Newnan........ 463 709 To exempt homemade wines from the operation of prohibitory
laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .461 789 To prohibit the sale of liquors on St. Simon's Island ... 692 794 812 To prohibit the sale of liquors at certain points in Wilkes
county ............................................... 693 801 To repeul an act regulating the sale of liquors in certain coun-
ties ................................................... 695 804 To preveat the sale of domestic wines by the manufacturers
thereof.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695

LOTTERIES. To prevent the maintaining and carrying on of any lettery in this State............................................. 200 601

LUNATIC ASYLUM. To govern and control the Lunatic Asylum ................ 375 549

M

MALETTE, RON. G. A ............. 5 92 132 194 198 101 226 230

237 240 241 314 321 348

McAFEE, RON. JOSEPH ................................... 6 314

McGAR, RON. GEO. W .................................. 6 229 236

MciNTYRE, RON. W. C.................................... 7 237

McRAE, HON. D. J .......................................... 8 316

McDONALD, RON. W. A . . . . . 9 59 64 71 99 136 179 226 235 317

MARSHALL, HUN. GEO. T............ . .. . .. . 9 98 322 371 373



~lATTHEWS, RON. J. B......... 8 42 47 63 73 130 i44 228 317 324 MA'lvfHEWS, HON. J. M .......................... 9 63 98 166 227

J.IAUND, HON. J. C..............................9

MILLER, RON. A. L........... 7 14 96 131 179 229 236 319 347 374

MILLER, B. H. Esq............................................... 10

MOBLEY, HON. L. W ..................................... 6 93 346

MOORE,: HON. B. F.... . . . . . . .. . . . . . . . . . . . . . . ......... 9 98

INDEX.

851

MOSES. HON. R. J ...... 8 42 43 46 49 64 135 168 184 186 228 313 316 320 329 344 348 371
MURRAY,R. R ................................. 8 73 97 228 316

MANUFACTURES-
To repeal an Act to encourage Cotton and Wool Manufacture in this State.................................. 93 119 299 340

MANUFACTURING AND MINING COMPANIES-
To Incorporate Trion Manufacturing Company......... 61 81 152 To incorporate Middle Georgia Mineral Association, 77 125 294 334 To incorporate Milledgeville Manufacturing Company ...... Ill 125
295 336 To incorporate Wilkes County Manufacturing Company .... 76 121
340 349 To incorporate Dade Iron Company. . . . . . . . ............. 135 418 To incorporate tile Georgia Cllemical Works .............. 238 429 To incorporate Fish Trt~p Gold Mining Company .......... 238 600 To incorporate Auroria Hydraulic and Mining Uc.mpany ... 238 601 To amend the charter of Scofield Rolling Mill CGmpany ... 238 504 To incorporate Atlanta Tt:Sting and Mining Company ...... 239 504 To incorporate Georgia Uornwall Copper Mining Company, 239 562 To incorporate Laurell Mill Manufacturing Company .. 239 505 654 To incorporate Alatoona Gold Mining Company. . . . . . . . . . . . . . . 32 To incorporate Gwinnett Manufacturing Company ........321 602 To incorporate Collins Manufacturing ~nd Power Company, 321 615 To amend tile chart~<r of Castle Rock Coal Comoany ..... .460 701 To incorporate the Georgia Chemical Works ........... .463 710 To incorporate tile Georgia Chemical and Mining Company, 463 708 To amend the charter of Scofield Rolling Mill Company .. .463 708 To amend the charter of Dade Coal Uompany........... .464 705 To incorporate the Macon Brewing Company............ 693 806 To incorporate the Uhestatee and Yahoola Mining Uompany, 694 794 To incorporate the Cllerokee Copper Mining Company.... 694 794
MESSAGES-EXECUTIVE............ 14 15 39 155-166 213-216 366 376 422 548 555 650 740 775 780
MESSAGES-SENATE ........... 11 39 41 42 44 47 67 72 79 94 128 133 153 170 185 234 235 241 242 243 267 269 28U 328 342 363 372 376 394 422 432 434 468 512 513 550 557 585 586 608 612 620 631 636 642 657 658 663 680 689 698 702 708 710 719 727 741 773 786
792 794 796 805 806 809 811 813 819 820

852

INDEX,

MILITARY UOMPANIE8To confer privileges and powers on the Griffin Light Guards .. 322 649

MORTGAGES, MORTGAGED PROPERTY, ETCTo provide for the sale of mortgaged property...........94 120 486

N

NORTH, HON. H. W .................................... 6 135 199 NORTHERN, HON. W. J. ... 7 1'4 42 75 126 148 168 229 240 339

NEW COUNTIES AND COUNTY LINES-
To change the line between the counties of Wilcox and Pulaski. 67 82 262 290
To change the line between Green and Morgan counties .... 73 124 290
To change the lines between Meriwether and Coweta counties.. 74 124 291 333
To lay out a new county from Coweta, Fayette and Meriwether 76 124 293 478
To change the lines between Carroll and Douglas counties ... 76 124 294 333
To change the lines between Clayton and Henry counties ... 92 125 341 420
To change the line between the counties of Irwin and Berrien. . 96 139 393
To change the lines between Washington and Johnson counties. 96 139
To repeal an act to change the lines between Jones and Bibb counties.....................................96 140 301
To change the lines between the counties of Taliaferro and Greene....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 139 412
To cl!ange the line between the counties of Lowndes and Echols .................................................. 134 414
To change the line between the coundes of Troup and Cowetta 135 417
To cl.tange the line between tl!e counties of Bibb and Twiggs... 201 420
To change thA line between Bibb and Monroe ............ 202 420 To change the line between the counties of Henry and Ulayton 202 To change the liues between Fulton and Clayton countie~<... 231 504 To cban11;e the line between the counties of Madison and Clarke 243
491 To change the lines tetween Stewart and Randol~h counties 243 564

INDEX.

853

To change the line between Randolph and Calhoun........... 322 566

To change the lines between the counties of Baker and Cal-

houn .................................................. 322

To change the line between the counties of Ware and Coffee,

and Coffee and Clinch ................................. 322 567

To change the line between Whitfield and Catoosa......... 322 567

To change the line between the counties of Floyd and Gordon. 322

568 648

To change the line between the counties of Mcintosh and Liber-

ty.................................................... 322

To change the line between the counties of Newton and Jasper. 322

648

To change the line between the counties of Lee and Terrell .... 322

To change the line between the counties of Wayne and Camden 322

To change the line between Lee and Sumter................. . 346

To change the line bE:tween Newton and Jasper ... .

446

To chan~e the lines between the counties of Houston and Dooly. 347

To change the line between the counties of Newton and and

Rockdale......................... . . . . . . . . . .. . . . . . . .. . . 347

To change the line between the counties of Montgomery and

Telfair.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 675

To ehange the line between the counties of Irwin and Coffee... .463

To change the line between Lumpkin and White counties ..... 463

0

OTTIS, HON. J. W.................................. 8 130 228 OWENBY, HON. J. W ............. 5 32 46 76 93 132 198 321 344

OFFICES-LET OuT, ABOLISH, EsTABLISH, ETC.
To provide for letting out certain offices to lowest bidder ...... 236 To abolish the office of State Geologist. .................... 306 To abolish the office of State Geologist.. . . . . . . . . . . . . . . . . . . . 318 To abolish the office of State Geologist........ . . . . ......... 347 To provide fixed compensation for Comptroller General. .. .462 705

ORDINARIES-
Power to tax limited in Ware county ................. 64 83 266 Duties of defined in Fulton county. . . . .............. 137 489 505 Authorized to administer oaths in certain cases.............. 199 Authorizing Ordinary of Spalding county to move his office
from the court-house...... . .......................... 227 429 Authorized to brm out convicts in Mitchell county. . . . . . .. 229 492 Requiring Ordinary of Fulton county to perform certain duties. 230 55

854

INDEX.

Requiring Ordinary of Fulton county to pay certain jury certificates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ 319 568
Requiring Ordinary of Fulton county to furnish Judge of Superior Court with chambers . . . . . . . . . .. . . .. . .............. 131
Limititing the powers of Ordinary of Troup county 0 693 304

ORGANIZATION-OF HousE.................................1-13

ORPHANS' HOMETo provide for the Georgia Orphans' Home ................... 371
p

PAYNE, HON. W. W .................6 76 179 181 198 237 255 283 291 297 304 311-13 344 348 370
PAUL, HON, 0. H ...................................5 170 322 375 PEACOCK, HON. G. W ..........................9 99 235 317 PEARSON, HON. JA~lES ............................... 6 237 322 PERKINS, HON. E. A ...................................5 92 127
PERRY, HON ........... 0.. . . . . . . . . . . . . . . . . . . 0...... 194-8
PEEK, HON. W. L ................................ 9 89 98 227 346 PENN, HON. W. H . . . . . . . . . . . . . 6 61 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PHILLIPS, HON. E. .....................................5 76 230 PHILLIPS, RON. W~I.. ................................ 6 61 239 PICKETT, RON. JOSEPH ....................... 7 62 241 374 409 PICKETT, RON. W. M................... 8 75 201 236 241 317 323 PILCHER, RON. W. H ....................... 9 56 71 78 129 169
194-8 226 304 318 343 372 POLHILL, HON. J. H............ . ............. 7 135 186 202 241 POPE, RON. A. F ...................................... 8 12 228 PRICE, HONO W. P .................. 8 49 74 115 118 126 145 192
193 238 240 279 296 305 320 371 PUCKETT, HON. W. B. C............................... 6 178 198
PARTNER::i-
To compensate surviving partners for settling up partnership business ..................................................... 138
PENITENTIARY-
To abolish the office of Principal Keeper and require Secretary of State to perform the duties of that office .......62 80 117 390
To make penitentiary convicts liable to road duty.... 0 315 569 To abolish the office of Principal Keeper of the penitentiary.323 602 Repealing the act to farm out the convicts ................... 323 To amend the act farming out the State convicts ............ 347

INDEX.

855

Amendatory of an act providing for the leasing out of convicts. 459 701

PETITIONS-

Of B. D. Draffin ....... .

317

Of James E. McGuire...................................... 318

PRACTICETo provide for certiorari in certain cases..................... 371 To change the law of distribution in this State .......... 372 To effect more certain service of mesne process in certain cases, 569 To provide for taking testimony in certain cases.............. 693 To regulate the practice in Supreme Uourt of Georgia ...... 695 789 To allow nolle prosequis in certain cases.................. 461 703

PROPEltTY-PuBLIC AND PRIVATE.
To dispose of the Public Property in Milledgeville ............ 201 To secure a proper valuation of private property............. 320

PUBLIC LAWSTo fix the time for signing Public Laws .................. 317 649

PUBLIC PRINTER AND .PUBLIC PRINTING-
Printing authorized for House .........59 60 71 89 112 224 443 557 To change the method of electing .Public Printer and provide
for letting out the work to lowest bidder. . . . . . . . . . . .60 80 126 Public Printer.... . .................... 71 72 75 78 611 768 810 To create Commissioners of Public Printing . . . . . . . . . . . ..... 323 To abolish the office of Public Plinter................347 478 482

R

RAGSDALE, HUN. M. R............................ 6 93 116 371 RAWLINS, HON. NICHOLAS........ . . . . . . . . . ... 6 95 236 238 REESE, HON. J. H ............... 7 62 94 99 154 202 229 314 321 REID, HON. JOHN A............................. 8 186 202 320 REID, HON. J. S .................8 63 73 136 145 228 236 237 320 RENFROE, JNU. W., State Treasurer .......................85 151 RIUHARDSON, RON. W. C........9 49 56 71 100 137 150 232 235
239 310 321 323 341 374 ROBSON, HON. J. A.................. 9 12 75 226 235 279 280 345 ROBERSON, HON. JOHN ..............5 61 90 91 169 226 265 ROPER, HON. J. B.. . .....................8 74 117 246 316 341 ROUSE, HON. J. M ....................................10 226 343

856

INDEX.

RUSSELL, HON. P.M................. 6 167 178 181 190 230 237 299 314 318 347 372

RAILROADS, ETC.-

To incorporate the Oostanaula and Coosawattee River Steam-

boat Company ......................................62 111 166

To amend the charter of Selma, Rome and Dalton Railroad

Company............................................ 71 82 264

To amend the charter of the Augusta anC. Knoxville Railroad

Company . . . . . . . . . . . . 73 125 478 > To amend the charter of the Union and Habersham Turnpike

Company........................................... 99 140

To incorporute the Lawrenceville Branch Railroad Company... 239

.

561

'I o incorporate the Fort Gaines and Pataula Valley Railroad

Company..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......374 653

To amend the charter of the GainesvillP, Blairsville and North-

western Railroad Company . . . . . . . . . . . . . . . . . . . . . . . . . . . .463 706

To revive and amend the charter of Barnard and Anderson

Street Railroad Uompany ............................. 464 705

To incorporate the Herndon and Swainsboro R\ilroad Company 691

792

To incorporate the Sterilng and Jacksonville Railroad Company 693

807

To incorporate the purchasers of the Georgia Western Railroad 693

801

To define the liability of railroad companies in certain cases ... 343

To authorize the Georgia Railroad Company to buy or lease the

Macon and Augusta Hailroad ........................ 345 652

To authorize the Georgia Railroad to issue bonds .......... 345 652

For the sale of the Macon and Brunswick Railroad .... 639 641 684

739 743 746 767

Authorizing the Georgia Railroad to plirchose the Port Royal

Roilroad . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 652

To compel railroad companies to pay promptly for stock killed

by them ...........................77 121 295 417 671 681 686

REDEMPTIONProviding for redemption of lands in certain cases. . . .. . . . . . . . . 315
REGISTRATIONTo provide for, oi voters, in Mcintosh Uounty ...... 74 122 340 350 To provide for, of voters, in Camden county ............. 230 561 To require the registration of voters in Glynn county ... .461 709 739

INDEX.

857

RELIEF-
To authorize A. U. Carson to peddle without license .... 73 124 290 To relieve Gideon L. Matthews .......................75 293 333 To relieve J obn G. Switzer. . . . . . . . . . . . . . . . . . . . .. . .. 76 123 482 To allow John Sheffield to peddle without license ....... 92 124 295 To allow Lawson F. Uollier to sell drugs without license.93 123 341 To relieve Felder Jackson and Green Jackson ...... 95 140 341 545 To relieve H. Y. Gibson. . . . . . . . . . . . . . . . . . . ............. 97 HO To re!i.,ve Julius A. Bagby ....................98 141 393 487 To allow Andrew King and John Anderson to peddle ........99 140 To relieve Mary A. Collins. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 To allow John W. Chapman to peddle ....................... 132 For relief of John Sapp (pavcosts) ....................... 200 490 For relief of J. Boorman Johnston & Co ..................... 200 For the relief of John H. Stumbridge ......................... 201 For the relief of James R. Johnson, et al ..... ............ 201 428 For relief of D. A. Beattie. . . . .. . .. . . .. . . .. . .. .............. 201 For the relief of J. I. Miller. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 For relief of Wm. U. Harral......... . . .. . . . ................ 226 To relieve Robert Law.................... . ............... 228 To relieve the assignees of J. J. Boswell, deceased ............ 229 To relieve J. Branham . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 To relieve maimed Confederate soldiers ...................... 235 To relieve George A. Greenwood ......................236 560 To relieve John R. Hough ............................... 236 561 To relieve tax payers of Monroe county ....................... 236 To relieve Charles H. Baker and Jacob Wise, ot Bryan county. 237
645 To relieve f. A. Parrott, of Morgan county. . . . . . . .. . . . . . . . . . 237 To relieve E. W. Johnson, of Bartow county .................. 237 ro relieve J. W. Kinnebrew of Bartow county.... . . . . . ..... 237 To relieve Valentine Klein ................................ 237 To relieve Daniel McKenzie. . . . . . . . . . . .. . .. . . .. . . . .. . . . .. . 237 To relieve the Board of Education of the city of Americus .. 241 503 To relieve the county school ccmmissioner of Gilmer county ... 241 To relieve teachers in Butts county.... . ................. 241 To relieve teachers in Stewart county .....................317 649 To relieve D. T. Goff . . .. .. . ............................ 317 To relieve Brittain West . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318 To relieve Mordecai Shefftail's heirs ........................ 318 To relieve the heirs of John Caldwell......................... 319 To relieve L. M. Wilson .................................... 320 To relieve R. E. Wilson ................................. 320 572 To relieve F. U. McCreary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320 To relieve J. P. Raiford .................................. 320 To relieve Wm. Dixon................................. 320

858

INDEX.

To relieve E. P. Champney. . . . . . . . . . . . . . . . . . . . . . . .

320

To relieve J. J. Forehead................................... 343

To relieve Moses Tison..... . . . . . . . . . . .. . . . . ............... 343

To relieve Wm. Askew......... . . . . . . . . . . . . . . . . . . . .

345

To relieve G. W. Key. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 490

To relieve Wm. F. Shuman and James Spain................ 344

To relieve Absalom Fennell. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345

To relieve Katy Pickett................................. 346 616

To relieve James McAndrew. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372

To relieve loan and building association ................. 372 675

To relieve W. C. Yancey ............................... 372 675

To relieve W. B. Level ............................ 374

To relieve W. J. Hicks ..................................... 375

To relieve the securities of Robt. Crawford .................. 601

To relieve 1tlalcolm White. . . . . ....................... .461 706

To relieve the securities of Henry Martin ................ 463 704

To amend an act for relief of maimed and indigent soldiers. . 464

709

To relieve Thomas Kile ................................. 691 792

'fo reheve D. H. Hall ...................................... 692

REPORTS-
Committee to inform Governor of organization... . . . . . . . . . . . . 12 Committee to inform Governor elect, of his election, etc. . . . . . 45 Committee on Doorkeepers, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Committee on time of inauguration. . . . . . . . . . . . . . . . . . . . . . . . 49 Committee on charges against Comptroller General. .65 67 100 104 Committee on election of Public Printing ...78 79 439 625 642 727 Committee on the Judiciary .... 90 112-114 146 173-8 209 213 271
307--11 329--31 363--66 404 447 493 506 537 573 629 637 663 715 739 797
Committee on Rules ............................... 104 112 466 Committee on Finance ...... 114 115 152 192 284 285 306 326 327
328 348 386 387 388 389 399 415 423 437 442 443 465 496 515 565
621 626 642 722 746 780 782 Committee on Corporations .. 128 150 269 396 469 474 493 638 726 Committee on Judicial Circuits................... 391 392 446 447 Committee on Privileges and Elections ... 133 lM 167 178 179 190
191 256 257 258 259 260 290-301 347
Committee on Journals .......... 144 167 172 184 190 209 226 246 267 303 326 341
Committee on Education .145 193 279 296 305 402 458 492 544 700

INDEX.

859

Committee on New Counties and County Lines ... 145 146 180 217 225 288 332 389 398 440 543 579
Committee on Enrollment .... 147 255 283 291-2 297 304 348 370 385 386 395 415 423 43o 451 475 493 499 549 553 585 593 596 626 635 648 656 659 662 696 723 755 759 762 764 775 797 814
Committee on Banks ........................... 147 307 498 701 \Jommittee on Accoustic Wires lor Hall ................... 149 Committee ou Repairs of Executive Mansion.... . . . . . . . . . . 168 Committee on Military Affairs ............... 179 389-90 467 700 Committee on Rules for Joint Sessions....................... 186 Committee on Institution for the Deaf and Dumb........ 194-8 304 Committee on Agriculture ............... 349 424 468 543 579 704 Committee on Public Property............................. 23~ Committee on Agriculture................................263-4 Committee on Penitentiary.......................... 370 497 687 Committee on Lunatic Asylum ................... 381--5 403 703 Committee on Academy for the Blind................ . ..... 441 Committee on Abolition of Public Offices ................. 444 Committee on that part of Governor's Message in reference to
certain fees paid... . . . . . . . . . . . . . . . . . . . . . . . .... .470 471-4 Committee on Geological Survey . . . . . . . . . . . . . . . . . . . . . . . . . . 493 Committee on Insurance .................................. 542 Committee on State of the Republic ...................... 543 609 Committee on Internal Improvements ....................554 719 Committee on Public Buildings ............................565
RIVERS, CREEKS, ETC.
Authorizing constrJCtion of Booms acyoss Ocmulgee river at or near Macon . . . . . . . . . . . . . . . . . . . . . . . . . . ........... 60 82 324
To prevent seining in the Suwanouchee and Tom's Creek, in Clinch and Echols counties .................... 61 70 349 559
To prevent the obstructing of Buck, Kinchafoonee, Muckalee and Shoal Creeks ....................................... 129
To appropriate money to improve Satilla River .............. 237 To prevent obstructions of Rocky and Crabb creeks, in Tatnall
county. . . . ........................................ .458 702 To encourage the building of Mills, etc., on Connasauga
River .............................................. 692 792 To appoint a Timber Inspector on St. Mary's River........ 693 792

RESOLUTIONS-HousE AND SENATE.
Notifying Senate of organization............................ 11 Appointing committee to notify Governor of same............ 11 On drawing seats....... . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

860

INDEX.

That the Speaker appoint a Chaplain ................. 12 14 15 Appointing Committee on Rules. . ....................... 12 43 Extending usual courtesies to the press......... . . . . . . . . . . . . . 12 To open and count vote for Governor. . . . . . . . . . . ...... 13 40 41 On appointment of Pages ........ - ................. _....... 14 On appointment of additional Doorkeepers..... . . . . . . . . . . . 15 To print Governor's Message....... . . . . . . . . . . . . . . . . . . . . . . 40 Referring Governor's Message and Documer.ts.............. 40 Fixing hours of meeting and adjournment ....... 40 56 136 178 Requesting Secretary of State, Treasurer and Comptroller Gen-
eral to report the amount of their several salaries.42 149 151 262 263 354 355
To dispense witit Assistant Messengers and Doorkeepers... 42 48 To enquire whether such officers are necessary. . . . . . . . . . . . . . . 43 Appointing Committee to investigate charges against Comp-
troller General. ........................................44 64 Appointing Committee to inform the Governor elect of his elec-
tion and enquire in regard to time of Inauguration, [Senate] 44 Reserving front seats of gallery for ladies during Inaugural... . 46 On retrenching offices;and official salaries.................46 56 To elect State House Officers and Public Printer, [Senate] .. .48 49 Appointing a Committee to enquire what Amendments to the
Constitution are necessary, etc.... . . . . . . . . . . . . . . . . . . . . . . 49 Approving policy of Governor Colquitt... . . . . . . . . . . . . . . . . . . 56 Urging economy in public expenditures....................... 57 In relation to bills altering Constitution, passed at last Session.. 57 Asking Governor to defer appointments for the present. 57 58 65
77 78 136 Relating to employment of additional Clerks..............58 566 Requesting Librarian to furnish copies of Constitution..... . . 59 Appointing Committee to enquire as to reduction of Judicial
Circuits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. , 60 Appointing Committee on reduction of Judicial Circuits...... 67 On State of the Republic .................................. 86-8 Making CommitteAs on State of the Republic-Joint. . . . . . . . . . 8&-9 Regulating the printing of bills........ . . . . . . . . . . . .. . . . . . . . 89 That the Librarianfurnish copy of Code to each Member. . . . . . 89 To allow Judiciary Committee a Clerk.................... 91 100 Excluding new matter after February 2.. . . . . . . . . . . . . . . . . . . . . 91 Authorizing Governor to purchase 200 copies of Harris' Digest 92 Appointing Committee to examine Manuscript Index of Su-
preme Court Reports by Wm. D. Elim..................94 737 Preventing redemption of change bills of W. & A. R. R., at
par........... . .................................. 94 223 736 Helative to reduction of members of General Assembly. . . . . . . 97 Relative to sale of liquor on election days ............. 99 737

INDEX;

861

Commendatory of Finance Committee... . . . . . . . . . . . . . . . . . . . 100

Relative to A.ccoustic wires for Hall. .. . . .. .. .. . . . .. . . . .. 117 223

Relative to the Public Printing........ . ............... 126 737

Relative to economy in official stations.................... 126-7

Relative to repairs of Executive Mr:nsion and furniture. . .. 90 127

Relative to election of Hon. James Blue..................... 134

Requesting Governor to communicate to General AS<tmbly any

suggestions he may desire to make in relationn to reform in

Governmental affairs...... . . .......................... . 136

Declaring House and Senate Committees on Lunatic Asylum to

be Joint--[Senate Res.]. ................................ . 136

On prep'lration of Rules of General Assembly in Joint Session 137

208

On reduction of Executive Clerks . . . . . . . . . . . . . . . . . . . . . . . . . 138

Relative to bills amendatory of the Code .................... 144

Relative to $15,000 disbursed by Superintendent Public Works 144

Relative to Committees of House and Senate on Agriculture ... 145

Tendering Hall to Hon. B. H. Hill.. . .. .. .. . . . . .. .. . . .. . . . . 147

Relative to appointment of additional Clerks .......... 148 150 168

On election of U.S. Senator.............................. 173

Making Committee for Public Printing Joint........ . . . . . . . 73

Instructing Committee on Public Library as to number of Jour-

nals,etc ................................................ 169

On examination of Capitol......... . . . .. . .. .. . . .. . . . ....... 169

On adjournment to March 14th ............................. 169

Declaring number of Clerks sufficient .................... 179-80

On Public Property ..................................... 217

To close doors of galleries.................................. 217

To suspend collection of Taxes in Ware county ............ 235 329

To appropriate money to supply books to Baker county ....... 237

Relative to repeal of U. S. Revenue Laws ....... :......... 240 736

On appointment of a Joint Committee on Insurance, [Senate] 244

246

In relation to expenses in quelling insurection ............... . 279

Relative to Baker county Contested Election ......... .

281

Accepting surrender of the Charter of Marine Bank of Geor-

gia .................................................. 286 325

To pay A. L. Hawes per diem and mileage .................. 287

Relative to election of certain members ..................... 301

Inquiring of Governor in regard to attorneys fees paid ........ 313

Recommending Perry's Docket... . . . . . . . . . . . . . . . . . 314 736

Relative to bankrupt laws ................................315 738

Relative to repeal certain revenue laws...................... 315

Relative to certain gold bonds ............................... 319

On enclosure of railroads....... . ...................... 323

To dispense with the call of new matter..................325 342

862

INDEX.

To relieve Savannah, Griffin and North Alabama R. R. Co.. 343 735

Relative to a canal between the Gulf and Atlantic.......... 348 722

Relative to memorial of Georgia Medical Assodation ......... 404

Relative to propositions to purchase Brunswick R. R .......... 499

Relative to adjournment sine die. . ..................... 544

Relative to revenue troubles, etc...... . . . . . . . . . . . . . . ....... 582

To allOw H. P. Wright to publish the laws ................ 600 736

Relative to missing bills.....

. . . . . . .. .. . . . .. . . . . .. 609 644

Relative to the situation in Gilmer and other counties .... 609-10-11

On election of State Printer (Senate)................. 611 637 722

Prolonging the session.... . .. . . . . . . . .. . . . . . . . . . .......... 622

Relative to State debt ..................................... 730

Relative to direct trade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 736

Rehtive to employment of attorneys by Governor... . . . ... 738 812

Relative to sale of Macon and Brunswick R. R .............. 743

Authorizing the Governor to effect temporary loans.......... 777

Relative to claims of F. L. Sneed. . . . . . . . . . . . . . . . . . . . . . . . . 777

Relative to payment of certain coupons (Senate)............... 810

Allowing a certain committee to report to next session (Senate) 811

Relative to survey on Florida line (Senate) .................. 811

'!'banking State Board of Health.. . . . . . .. . . . .. . . . . . ....... 812

Relative to final adjournment......... . . .. . . .. . . .. . . .

812

Of thanks to Hon. A. 0. Bacon, Speaker ..................... 812

Of thanks to Mr. E. P Speer and assistants. . . . . . . . . ........ 820

Of thanks to pages..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 820

Requiring Treasurer of Macon and Brunswick R. R. to pay all

moneys monthly to St11te Treasurer ........................ 820

Of thanks to reporters of the press. . . . . . . . . . . . . . . . . . . . . . . . . 820

Appointin~ committee on unfinshed business . . . . . . . . . . . . . 820 821

Notifying Senate of readiness to adjourn. . . . . . . . . . . . . . . . . . . . 821

Of thanks to doorkeepers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 821

Of thanks to messenger................................... 821

Committee to inform Governor of readiness to adjourn szne die. 821

RETRENCHMENT-
To enforce the doctrine of retrenchment and reform.. : ..... 61 82
REVENUE LAWS-UF GA. AND u. s.
To repeal om act in relation to the revenue laws of Ga .. 73 123 393 To repeal an act amendatory of section 4 of the revenue laws
of this State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 290 324

ROADS-PUBLIC AND PRIVATE. To prevent the ohrucion of public roads in this State...... 170
To amend the road laws in relation to Houston county, etc. 232 601

INDEX.

863

To authorize erection of gates across roads in Stewart county .. 343
649 To apportion hands in Emanuel and Johnson counties...... 459 704
To amend thL road laws of Fulton county ................. 691 so:
To amend the law as to removal of obstructions from private
ways ............................................ 695 806

s

SCRUGGS, HON. E. G... . . . . . . . . . . . . . . . . . . . . . . . . . . ...... 7 134 371 SHAW, HON. J. M.. ................................ 9 71 SHEFFIELD, HUN. W. C................................ 6 199 371 SHEFFIELD, HON. H. C......................... 8 97 130 287 372 SIKES, HON. J. F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... 7 95 SIMMS. HON. J. P . . . . . . . . . . . . . . . . . . . . . . 8 56 64 73 130 316 346 SMITH, RON. S. F ...................................... 5 170 241 SMITH, RON. J.D. . ....................................... fJ 75 SMITH, HON. JAMES M ............................ 8 138 240 320 SMITH, HON. W. R. ................................... 9 321 373 SMITH, Esq. J. R......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 SMITH, HON. J. B........... . . . . . .... ... . . . ... .. . . .. . . . .. 9 72 SPEEH, HON. E. P..................... . . . . . .. . . . . . . . . . . . . . 10 STANFORD, HON. L. L... . .......... 7 15 67 95 126 147 280 STEWART, HON. J. M............................... 8 97 820 STEWART, HON. JOHN D .. 9 12 13 43 56 72 129 187 138 144
146 155 173 209 227 26S 269 279 307 311 329-31 343 363 373 STEWART, RON. BENNETT................... . . . .. 9 9S 227 STOKELY, HON. D. V ...... 5 57 60 61 77 136 214 217 251 21"i5
261 314 31S 323 STRICKLA.ND, LEWIS.......... 6 61 79 93 134 199 231 240 31S SWEA.T, HON. J. L.... ................................... a.. 5,

SALARIES AND PER DIEM-
To fix and regulate certain official salaries and the per diem of members and officers of the General Assembly ... 59 S5 115 116 193
To regulate the per diem of members of the General Assembly
61 so
To reduce the compensatwn of officers and members of the General Assembly.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... !JS 141
To fix the compensation of Members of the Ueueral Assemby, Secretary of the Senate and Clerk of the House........... 63 SO
Fixing the per diem of officers and members of the General A~ sembly ............................................... 345
Fixing the compensation of Clerk of House and Se<;retary of

864

INDEX.

Senate.......................................... 481

SCHOOL OFFICERS, SCHOOL LAWS AND TEACHERS-
To change the school system of the counties of Ware, Echols and Clinch ................................71 81 264 268 486
To repeal an act allowing pay to school commissioner of Rabun county.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... 73 125 288
To abolish the offices of State and and county school commissioners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......... 95 139 299
To pay certain teachers of Whitfield county.......... 100 139 503 To abolish the office of school commissioner of Fannin county 62
81 153 416 To pay balance due school ~ommissioners of Whitefield county 131 Providing for appointment of school commissioners in sub-dis-
tricts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............... 135 393 To submit the question of local school tax to owners of proper
ty .................................................. 135 492 To regulate the election of county school commissioner for Cam-
den county... . . . . . . . . . . . . . . . . . . . . ................... 194 201 To fix the pay of school commissioner of Crawford county.... 201 To compel payment of teacl:ers by school commissioner of
Dodge county......... . . . . . . . . . .. . .. . . . . . . . . ...... 238 503 To establish a school system for Rabun county ......... 241 266 432 To submit the question of a school tax to the people of Jeffer-
son county................................... . ..... 241 589 To fix the salary of clerk of State School Commissioner ....... 319 Repealing an act appropriating one-half of the net earnings of
theW. & A. R. R. to support of education.............. 319 599 Requiring school commissioners to make annual reports to
grand juries. . . . . . . . . . . . . . . .. . . . .. . . . . . . . ....... .462 702 To regulate public instruction in Richmond county ....... .462 708 To provide for school trustees in sub-districts............. .462 789

SCHOOLS AND CHURCHES-INCORPORATED-
Barnesville High School. ............................. 98 140 302 Rabun Gab High School. ..................................... 323 Independent Free School of West Point.. . . . .......... 60 82 244 Wofford Academy, Bartow county.................... 61 82 152 Methodist Episcopal Church near Graysville, Catoosa county 321 567

SHERIFFS-
Fees of fixed in Stewart county .........................63 83 166 Fees of fixed in Bartow county....... . . . . . ...... 92 124 295 336 Fees of reduced in Webster county........ . .... 64 84 167 Bond of reduced in Columbia county..... . ...... 93 120 294 337

INDEX.

865

Fees of regulated in Crawford county.................. 93 123 298 Bond of reduced in Clinch county.................93 119 294 337 Bond of reduced in Wilkinson county. . . . ............ 100 142 413 Required to keep a record of persons committed to jail.129 413 584 Election of prohibited for two terms in succession in Camden
county................................................. 132 Fixing fees of, in Chatham co\lnty, amended ................. 230 Bond of reduced in Wilcox county....................... 236-,490 Bond of reduced in D1de county......................... 237 5Q4 Duties defined in Fulton county.. . . . . . . . . . . ................ 314 Protection given in making certain levies..................... 373 Authorized to execute Justice Court processes in Mcintosh
county................................................. 691
SOLICITORS GENERAL-
To fix compensation of Solicitors General ................75 121 To enable Solicitors General to defend criminal cases and col-
lect therefor. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 228
SOUTHERN RECORDERAuthorizing the Governor to purchase certain files of tht:' Southern Recorder......................................... .237 602
STATE AID-
To amend an act to loan the credit of the State to the Canton and Ellijay Railroad ................ 62 80 305 367 375 409 590
Loaning the !::itate credit to Elberton Air Line Railroad ... 319 616 Loaning the State's credit to Brunswick and Albany Railroad. . 319 To appropriate the net ear.nings of convict labor to the Marietta
and North Georgia Railroad ...................... 606 678 681
STATE BOARD OF HEALTH-
To repeal the act creating the State Board of Health ........ 98 139 To repeal an act establishing a State Board of Health .......133 479 To abolish the State Board of Health.................344 390 412
SECRETARY OF STATE-
Election of Hon. N. C. Barnett ...........................85 14!i To consolidate the offices of Secretary of State and Superintend-
ent of Public Works ................................... 100 141
STANDING COMMITTEES-ANNOUNCEJIIBNT OF.....6s-70

866

INDEX,

STA'fE FUNDSTo re-invest funds arising from sale of certain railroads ..... 94 123
SURVEY AND MAPBTo survey and make map of Mcintosh county ........... , . 320

T

TAXES-LEVIED, REFUNDED, SALES FoR, ETC.
Refunding taxes to New England Life Insurance Company .134 503 To provide for the levying of taxes for the year 1877... 149 426--7
428 432 433 589 To fix the manner of tax sale!,! by municipal corporati<Jns ... 200 417
418 To regulate the assessment of county taxes in Lee county ..... 230 Regulating the manner of returning lands for taxation in this
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... 76 118 293 To facilitate the collection of tax fifas .....................316 560 To prohibit excessive assessment of taxes in Jackson connty.319 568 To suspend collection of taxes in Glynn county ............... 318 To repeal an act providing for the correct assessment of taxable
property............................................. 340 637 To authorize the levy of a certain tax in the county of Mitchell 344 To amend the tax laws of Georgia .................. 568 613 645

TAX RECEIVER:-) AND COLLECTORS-TAx LAws, ETc.
To consolidate the offices of in Appling county ......... 61 83 116 To require the Tax Collector of Fultom county to make more
frequent settlements, etc ............................ 62 82 117 To consolidate the offices of in Pike county .... 63 83 166 168 266 To fix compensation of Tax Receiver of Ri<::hmond county ... 73 118
340 349 To repeal an act compelling Tax Collectors and Receivers of
Burke and Monroe c~unties to take debts due by the counties in payment of taxes ............ , ...............73 122 291 324 To repeal an act providing for a~sessmen t of taxes .......... 74 124 To reduce and regulate the pay of Receivers and Collectors of taxes in this State . . . . . . . . . . . . . . .....................75 122 To consolidate the offices of Receiver and Collector of Bulloch county. .. . .. . .. .. .. .. .. .... .. .. .. . . .. .. .. .. .. . .. . 76 121 340 To enlarge the po<vers of the Tax Collector of Bibb county .. 77 121
295 334 336 Requiring Tax Collectors to turn over claims to the Ordinary.. 93
123 299 To consolidate the offices of Tax Receiver and sheriff of Greene

INDEX.

867

county...................................95 124 573 584 To pr(!vide for the more equable pay of Tax Receivers and
Collectors iu this State.............................96 141 573 "I;o fix the fees of Tax Receiver anll Collector of Milton county. 97
140486 To consolidate the offices of Receiver and Collector of Paulding
county.................................................. 130 To reduce the bonds of Collector and Heceiver for Chatta
hoochee ceunty. . . . . . . . . . . . . . . ........................ 132 Fixing compensation of Rectivers and Collectors in Union and
Towns counties ......................................... 134 To authorize the Tax Collector of Baldwin county to pay the
State tax for 1877 to the treasurer of that county........... 200 En:.powering the Tax Collector of Taylor county to levy tax
fi. fas ............................................. 227 To make the Tax Collectors of Mitchell and Colquitt counties
ex-officio sheriffs in certain cases...................... 229 492 To consolidate the offices of Receiver and Collector of certain
counties therein named . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236 To consolidate the offices of Receiver and Collector in Dawson
county................................................... 314 To amend an act making the Tax Collector of Douglas county
ex-officio treasurer ...................................... 315 Requiring Tax Collector and Receiver of Douglas county to pay
over moneys to the treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 Requiring James Boyd, former Tax Collector of Telfair county,
to make certain deeds.........................316 616 Regulating commissions of Tax Receivers and Collecton.. . . . . . 318 Consolidating the offices of Tax Receiver and Collector in Jack-
son county ............................................... 319 Regulating the pay and bond of the Tax Collector of Richmond
county.............................................320 583 To consolidate the offices of Receiver and Collector in Colquitt
county. . . . . . . . . . . . . ... . ............................... 344 653 To fix the compensatien of Tax Collectors and Receivers for
Dade, Walker and Catoosa............................ 462 To repeal an act consolidatmg the offices of Collector and Re-
ceiver for Gilmer county... . ..........................462 708 To prescribe the mode of making returns to the Comptroller
General. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 463 704 To require Receivers to return the number of lunatics, epileptics,
etc.................................................. 694 794 To regulate the salaries of Receivers and Collectors in Calhoun
county...............................................694 792 To reduce the salaries of Receiver, Collector and School Com-
missioner of Forsyth county......... 694

868

INDEX.

THWEATT, RON. PETERSONTo allow Ron. Peterson 'I'hweatt to sue the State..... 228 443 735

TITLES-
To make sheriff's titles valid under certain circumstances ... 95 141 299
TREASURERS-COUNTY.
Fees of in Upson County........................ ..... 63 81 262 Election of in Burke county .......................92 120 295 337 Pay reduced in Greene county ...................95 123 295 338 To pay out certain moneys in Oconee county .......97 140 295 339 To repeal an act providing payment of certain funds to the
treasurer of Clarke county ................................. 198 Orders, how issued and recorded against treasurer of Spalding
county ...............................................227 490 Fees of treasurers fixed .............................318 566 512 Office of treasurer abolished in Twiggs county .............320 616 Pay of limited in Fulton county..........................345 616 Clerk of Superior Court made ex-officio treasurer in Douglas
county................................................... 157 Office of treasurer consolidated with Clerk of Superior Court in
Paulding county ...................................... 460. 761

TREASURER-STATE.

Election of-Bon. John W. Renfroe..

85

Response to Resolution of House .......................... . 151

v

VICK, BON. JAMES......................................6 344
w

WADE, HUN. U. P ..................................9 49 129 343 WALL, BON. M. J ....................................... 9 72 129 WALSH, HON. P .... 9 14 40 56 67 72 127 166 180 181 184 193
238 244 249 317 320 339 342 372 WALTON, RON. W. F .....................................5 344 WALTON, HUN. A. R.. ...... .. . ...... ........... ..... ...... 7 WHITTLE, RON. L. N ... 5 59 60 88 89 90 92 127 132 146 167
168 173 191 193 200 201 239 243 319 321 324 345 375 WILCOX, HON. JOHN ................................9 227 374 WILLINGHAM, BON. THOMAS...................... .. .. . .. 7

,



INDEX.

861}

WILKES, HON. J. L.

. ........... 8 74 167 224 243 280 342

WILLIAMS, HON J.P . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 93 144 199

WILLIS, HON. W. H.. . . . .. 8 172 184 190 2tl9 240 267 287 316 326

WILSON, HON. JAMES M............................. 5 185 31S

WISE, HON GEO. E . .

. ....... 7 74 311f .r

WOLIHIN, HON. A. M...........

. ... 6 132 185 199 31~

WOOLDRIDGE, HON. A. . ............. 6 92 97 132 199 230 241

WEIGHT::l A.ND MEA8URES, WEIGHING, ETC.-

,

To make the weighing of cotton uniform.

.. ~

WILLs--PROBATE OF. To amend ~n act in relatitln to the probate of wills in this State 227

WITNESSES-EVIDENCE, ETC.

Making defendants competent witnesses in cases of bastA{dy... 240

To change the law of evidence in certain cases

372

WOODS-BURNING OF, ETC.

To prevent the firing of woodlands and marshe8..

202

Authorizing certain persons to fire the woods in Clinch county. 240

To allow firing of the woods on turpentine farms in Bulloch

and Screven counties. . .

. . . . . . . . . . . . . . . . . . . . . . 343

'

.
~ 55