Journal of the House of Representatives of the State of Georgia, at the session of the General Assembly, commenced at Atlanta, November 6, 1878 to August 5, 1879 part first

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JOURNAL.
ATLANTA, GEORGIA,
Wednesday, November 6, 1878.
At the first session of the General Assembly, since the adoption of the Constitution of 1877, begun and held at the Capitol in the City of Atlanta, this day, E. P. Speer, Clerk of the former House of Representatives, presiding, the following named representatives appeared, and after being duly qualified by Ron. William Gibson, Judge of the Superior Court of the Augusta Circuit, took their seats, to-wit:
From the county of .Appling, Michael Branch. From the county of Baker, P. D. Davis.
Erom the county of Baldwin, Jas. .A. Greene. }j,rom the county of Bartow, T. ,V. Milner.
From the county of Berrien, J. H. Kirby. From the county of Bibb, .A. 0. Bacon, C. J. Harris, R. .A. Nisbet. From the county of Brooks, H. G. Turner. From the county of Bryan, James M. Brann.on. From the county of Bullock, R. W. DeLoach. From the county of Burke, E. .A. Perkins, J. P. Thomas and W. F. Walton. From the county of Butts, S. F. Smith. From the county of Calhoun, 0. H. Paull. From the county of Campbell, Jas. M. Wilson. From the county of Carroll, H. Hogan, E. Phillips. From the county of Catoosa, .A. H. Gray. From the county of Charlton, Felder Lang.

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JouRNAL oF TH.Il: HousE.

From the county of Chatham, A. P. Adams and W. vY. Paine.
From the county of Chattahoochee, LaPayettA Harp.
From the county of Chattooga, W. T. Irvine. From the county of Cherokee, W. B. C. Puckett. From the county of Clay, \V. J. Jol)nson. From the county of Clayton, J. L. McConnell. From the county of Clinch, L. Strickland. From the county of Coffea, S. D. Phillips. From the county of Columbia, J. P. Williams. From the county of Colquitt, James Vick. From the county of Coweta, J. D. Sims and \V. A. Turner. From the county of Crawford, J. F. Jordan. From the county of Dade, M. A. B. Tatum. From the county of Dawson, Joseph McAfee. From the county of Decatur, J. 0. Farnell and W. W. Harrell. From the county of Dodge, James l\f. Buchan. From the county of Dooly. Isaac L. Toole. From the county of Dougherty, A. C. \Vestbrook and J. \V. Waters. From the county of Douglas, vV. McGouirk. From the county of Early, \V. C. Sheffield. From the county of Echols, J. P. Prescott. From the county of Elbert, Robert F. 'rate. From the county of Emanuel, .John Bell. Prom the county of Fannin, B. C. Duggar. From the county of Fayette, D. A. McLucas. From the county of Floyd, A . .T. King and Jno. C. Reese. From the conn ty of Forsyth, H. P. Riden. From the county of Franklin, J. H. Shannon. From the county of Fulton, vY. H. Hulsey :1 nd P. L. Mynatt.

WEDNESDAY, NOVEMBER 6, 1878.

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From the county of Glaseock, E. G. Scrnl!'gs. From the count.v of Glynn, T. vV. Lamb. From the county of Gordon, vV. R. Rankin. From the county of Greene, James B. Park and R.
L. Me'Vhorter. From the county of Gwinnett, W. J. Born and N.
L. Hutchins. From the county of Habersham, James H. Grant. From the county of Hall, .Jno. E. Redwine. From the county of Hancock, A. M. DuBose and
W. J. Northern. From the county of Haralson, Charles Taliaferro. From the county of Harris, Jessb Cox and W. J.
Hudson. From the county of Hart, A. G. McCurry. From the county of Heard, vV. H. Daniel.
From the county of Henry, ,V. T. Dickin.
From the county of Houston, A. L. Miller and J. F. Sikes.
From the county of Irwin, James B. Fletcher. From the couP-ty of Jackson, A. T. Bennett and W. J. Pike. From the county of Jasper, E. C. Pope. From the county of Jefferson, J. H. Polhill and A. E. Tarver. From the county of Johnson, vV. L. Johnson. From the county of Jones, R. H. Barron. From the county of Lincoln, J. E. Stroth.er. From the county of Lowndes, C. H. M. Howell. From the county of Lumpkin, Eli vVeehunt. From the county of Maeon, James M. Dupree and Davis Gammage. From the eounty of Madison, J nlius 0. Green~>. From the county of Marion, H. T. Hollis. From the county of McDuffie, H. C. Roney. From the county of Meriwether, F. J. William:::.

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J OURNAT.. OF THE HOUSE.

From the county of Miller, H. C. Sheffield. From the county of Milton, H. L. Cunningham. From the county of Mitchell, C. B. Collins. From the county of Monroe, J. G. Phinizy and B. H. Zellner. From the county of Montgomery, D. J. McRae. From the county of Morgan, L. G. Anderson. From the county of Murray, Wm. Luffman. From the county of Muscogee, Reese Crawford and L. F. Garrard. From the county of Newton, L. B. Anderson and L. F. Livingston. From the county of Oconee, 'Vm. G. Elder. Erom the county of Oglethorpe, James M. Smith and W. M. Willingham. From the county of Pickens, Robert R. Howell. From the county of Pierce, D. P. Patterson. From the county of Pike, S. K. Cook. From the county of Polk, C. G. Janes. From the county of Pulaski, R. W. Anderson. From the county of Putnam, R. C. Humber. From the county of Quitman, L. P. Dozier. From the county of Randolph, J. J. McDonald. From the county of Richmond, L. D. Duvall, Geo. R. Sibley and H. G. Wright. From the county of Rockdale, B. F. Carr. From the county of Schley, M. J. Wall. From the county of Screven, Wm. M. Henderson. From the county of Spalding, John I. Hall. From the county of Stewart, W. M. Fitzgerald and W. H. Harrison. From the county of Talbot, J. C. Maund a:ad J. M. Mathews. From the county of Taliaferro, John T. Chapman. From.the county of Telfair, John Wilcox. From the county of Terrell, E. G":' Hill.

WEDNESDAY, NOVEMBER 6, 1878.

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From the county of Thomas, "\Vm. l\f. Hammond and D. H. Wilmot.
From the county of Troup, J. F. Awtry and A. H. Cox.
From the county of Twiggs, J. T. Glover. From the county of Union, T. J. Butt. From the county of Upson, 0. C. Sharman. From the county of "\Valker, J. B. Wheeler. From the county of Walton, W. R. Smith. From the county of ''Tare, T. J. Ivey. From the county of \Varren, R. T. Barksdale. From the county of "\Vashington, Green Brantley and G. W. Peacock. From the county of \Vayne, J. A. Poppell. From the county of \Vebster, W. C. Kendrick. From the county of White, J. J. Kimsey. From the county of vVhitfield, J. A. R. Hanks. From the county of \Vilcox, Samuel D Fuller. From the county of \Vilkes, Frank H. Colley and B. F. Jordan. From the county of Wilkinson, Frank Chambers. From the county of Worth, G. G. Ford.

On motion, the Honse then proceeded to the election of a Speaker, and on taking- the vote, ?>iva voce, it appeared that Ron. 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 Honse of Representatives.
On motion of Mr. Redwine, the following committee was appointed to conduct the Speaker-elect to the chair, to-wit: Messrs. Red wine, Gray and Turner, who discharged the duty assigned them, and the Speaker-elect entered upon the discharge of the duties of his office.

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JouRNAL oF THE HousE.

The House then proceeded to the election of a CleTk, and on taking the vote, 1Jiva ?wee, it appeared that Henry R. Goetchius, of the county of Muscogee, had received a majority of the votes cast, and was declared elected.

The house then proceeded to the election of a Door keeper, and on taking the vote, viva ?Joce, it appeared that B. H. Miller, of the county of Hancock, bad received a majority of all the votes cast, and he was declared d nly elected.

'rhe House then proceed to the election of Messenger, and upon taking the vote, viva voce, it appearing that J. R. Smith, of the county of Coffee, had received a majority of the votes cast, be was declared elected.

The House then proceeded to the election of a Speaker protem., and upon taking a vote, viva voce, it appeared that the Ron. H. G. Turn"r, of Brooks. had received the whole number of votes cast, being a majority, and was declared the duly elected Speaker pro tem. of the House of Representatives.
Mr. Rankin then offered the following resolution, which was agreed to:

A resolutionThat reporters of the State and city press be admitted to seats on the floor of the House during the session.

Mr. "!right, of Richmond, then offered the follow ing resolution, which was agreed to:

A resolutionThat a committee of five (of which the Speaker shall be chairman) be appointed by the Speaker, whose duty it shall be to report, as soon as practicable, rules

WEDNESDAY, NO,'EMBER 6, 1878.

11

for the government of this House ; and that in the meantime the rules of the last House shall be of force.

Mr. Mc.YVhorter, of Greene, then offered the following resolution, which was agreed to:

A resolution--
That the Clerk inform the Senate that the House has organized by the election of the Ron. A. 0. Bacon, of Bibb, Speaker; the Ron. H. G. Turner, of the county of Brooks, Speakerpro tern.; Henry Goetchius, of the county of Muscogee, Clerk; B. H. Miller, of the county of Hancock, Door-keeper, and J. R. Smith, of the county of Coffee, Messenger, and are ready to proceed with the business of the session.

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

JJfr. Speaker:
I am directed to inform the House of Representatives that the Senate have perfected an o1ganization by the election of the Ron. R. E. Lester, of the county of Chatham, as President, and the Ron. Evan P. Howell, of the county of Fulton, as Presidentpro tem., and the Ron. \V m. A. Harris, of the county of \Vorth, as Secretary.
Mr. Mynatt, of Pulton, offered the following resolution, which was agreed to, to-wit:

A resolution-
That the Speaker appoint a committee of three on the part of the House, to act in concert with a committee on the part of thP 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.

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,JOURNAL OF THE HOUSE.

The Speaker appointed as such committee, from the House, Messrs. Mynatt, of Fulton, Gray, of Catoosa, and Burch, of Laurens.

Mr. Cox, of Troup, then offered the following resolution, which was agreed to, to-wit:

A resolutionThat the House proceed to draw seats in the following manner: that the names of counties be placed in a hat, that the members withdraw from the hall and as their counties are drawn from the hat they do come forward and choose their seats.

The following members of the House then presented themselves and were sworn in by the Speaker, to-wit:

J. A. Greene, from the county of Madison; R. A. Alston~ from the county of DeKalb; Charles Phillips, from the county of Cobb; \V. R. \Velch, from the county of Gilmer; A. M. Rogers, from the county of Mcintosh ; Thomas M. Butler, from the county of Camden.

The following communication, transmitting certain papers, was received from his Excellency the Governor:

EXECUTIVE DEPARTMENT, ATLANTA, GA., November 6, 1818.
Mr. Speaker :
I have the honor to inclose herewith the notice of intention of R. H. Lanier to contest the election and claim the seat of W. C. Sheffield, returned as Representative-elect of the county of Early, together with the evidence taken in said case.

THURSDAY, NOYEMBER 7, 1878.

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Also, notice of intention of William J. James to contest the election and claim the seat of E. P. Miller, returned as Representative-elect of the county of Liberty, together with the evidence taken in said case.
Also, notice of intention of Spencer R. Atkinson to contest the elPction and claim the seat of Thomas Butler, returned as Representativeelect of the county
of Camden, together with the evidence taken in said
case. Very respectfully, ALFRED H. CoLQUITT.

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

ATLANTA, GEORGIA,
ThUl'sday, November 7, 1878. The House met pursuant to adjournment, and was called to order by the Speaker.
The roll was called and a quorum found to be present.
The Journal of yesterday was read and approved.
Mr. Miller, of Houston, reported that his colleague, Mr. B. M. Davis, was absent from his seat on account of sickness.
Mr. Shannon ofiered the following resolution, towit:
Believing it to be right and proper to invoke the guidance and direction of Almighty God in all laudable undertakings: therefore-

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JouRNAl. OF Tln: Hou:>E.

Resolved, That this House now proceed to take the necessary steps to secure the services of a Chaplain during the session.

Mr. Dozier offered the following as a substitute, towit:
ResolDed, 'rhat the Speaker of this House appoint a Chaplain for the present session, whose salary shall not exceed one hundred dollars.

The substitute was adopted.

Mr. Reese offered the following resoltltion, which was read and agreed to, to-wit:

A resolutionThat the Speaker be authorized to appoint three Pages, and that their pay be one dollar and fifty cents per clay.

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

A resolutionThat the State Librarian be required to furnish copies of the Revised Code to such members as desire them.

Mr. Hanis offered the following which was read and agreed to, to-wit:

A resolution'rhat the State Librarian be authorized and instructed to furnish to each member of the House of Representatives a copy of the new Constitution of the State of Georgia.

Mr. Jorclan, of vVilkes, offered a resolution fixing the hours of meeting of the House.

1'HURSDAY, NoYE~r.n:ER 7, 1878.

15

The resolution was, on motion, tabled.

The following members presented themselves and were sworn in by the Speaker:

E. .J. Roach, of the county of Fulton. E. P. Miller, of the county of Liberty. C. \V. \Villiams, of the county of Meriwether. LaFayette Harp, of the county of Chattahoochee.

The committee on the part of the House, to inform the Governor of the organization of the Legislature, reported through Mr. Mynatt, the chairman thereof, that they had performed the duty assigned them, and that his Excellency was ready to communicate in writing.

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 message, in writing, with accompanying documents; also, a special communication.

On motion of Mr. .Xorthern, of Hancock, the message of the Governor was taken up and read:

EXECUTIVE DEPARTli[ENT'
ATLANTA, GA., November 5, 1878. To the General Assembly :
The circumstances attending the present assembling of your body are so impressive and :narked in their character as, in my judgment, to demand precedence

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JOURNAL OF THE HOUSE.

over all other questions, which I sha.U present in this message, referring merely to our material condition and necessities.
The present year has been one of such a:fflictive
experience in many sections of our land as to appall the heart and attract the sympathy of the civilized world. The resistless pestilence, baffling the utmost that man could do, and leaving behind it the habiliments of woe in thousands of households, has not touched one spot in all our borders. \Vhile our part has been that of the sympathizing friend and brother, we have been so blessed in our exemption from the awful visitation which we deplored for others, that we should be filled with grateful and humble acknowledgments. vVe have been spared from the desolating storms and inundations which have swept over other sections. Not one case of popular commotion has excited or alarmed us. The State has been blessed generally with such croE>S as leave no cause for complaint. Our merchants and manufacture1s have passed through the yeru with such rewards as should satisfy the moderate.
In review of all interests, and the fortune of every
section of our State, we have very much to cheer and encourage us.
The depression which for years preceding this has so weighed us down is gradually giving way to the hopeful promise which rises up before us of a better day coming. Does it not become us to make formal, as well as heartfelt acknowledgments for such a catalogue of signal benefits i

'l'HE ST.ATE FINANCES.
The cash balance in the Treasury, January 1, 1877, was $564,283.33. The amount received from all sources into the Treasury during the year 1877 '!as $1,998,-

THURSDAY, NOVEMBER 7, 1878.

17

346.84, the details of which will appear, by reference to the reports of the Treasurer and Comptroller-General herewith submitted.
The disbursements during the year 1877 were $1,728,910.80, leaving a cash ba1an~e in the Treasury of $833,719.37. The objects of these disbursements are stated in the accompanying; reports.
The public debt of the State on the 1st of January, 1878, was $10,644.500, the annual interest on the same being $719,135. Of the pnblic debt 8200,000 principal became payable, and was paid in 1878, and $100,0fl0 was paid in 1877. In the year 1879 there will mature $300,000 of the public debt, for which provision must be made, as well as for the annual interest accruing of $708,135-t.he whole amount to be paid on the public
debt, principal and interest, next year being $1,008,135.
In consequence of the receipt of a considerable sum of money from unexpected sources, viz: $152,678.94 fl'om the United States government on claim of the Western and Atlantic Railroad, and $25,000 income from the Macon and Brunswick Railroad, the temporary loan of the year 1876 of 8350,000 was reduced to
$200,000 in the year 1877.
As the fiscal year begins the 1st of January and ends the 31st of December, the full financial reports of the year 1878 are not ready, the present fiscal year not having expired. The Comptroller-General recommends that the fiscal year be changed from the present time and made to run from October first to October first each year. I favor this recommendation, as under the new Consiitution the G;:meral Assembly meets biennially on the first vVednesday in November, and the change is necessary in order for the General Assembly to have before it the reports of the year before its session.
2

18

JOURNAL OF THE HoUSE.

The Treasurer, however, has made a supplemental report to the report of 1877, giving the financial operations of the nine months of the year 1878, to the Ist of October, which is herewith submittBd. From this report it appears that the-

Cash balance in the Treasury January, ISiS . . . . S 833,719 37 Receipts during the nine months were . . . . . . . . . . 612,080 35 And the dibursements . . . . . . . . . . . . . . . . 1,150,010 04

Leaving a balance in the Treasury on the 1st of October of.S 295,i89 68
It is well to state the gratifying fact, as evincing the improved financial condition of the State, that for the first time in a number of years it has b8en unnecessary to make a temporary loan to meet the heavy sulllmer payments upon the public dt->bt that fall due before taxes begin to come in. In 1877, though the General Assembly provided for a loan of $500,000, it was only necessary to borrow 8200,000, while in 1878 no loan was made. As, however, the expense of the Legislahue is to be paid out of the incoming taxes, and as 8300,000 will have to be paid on the principal of the public debt in 1879, a temporary loan will probably be necessary.
I shall be pardoned for a brief allusion to the general financial condition of onr State. The facts of that condition show that no State in the Union is more solvent, or should have a stronger financial rPputation than Georgia. Our publie dehtis bnt one twenty-third of our taxable property. The State has nearly ample assets in its own valuable railroads and other property, if sold, to pay oft" the debt. 'fhere is a constitutional prohibition against any further increase of our State indebtedness, while the annual income pays the expenses, and, in addition, liqnidates yearly from two to three hundred thousand dollars of the public debt.

THURSDAY, NOVEMBER 7, 1878.

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This is a gratifying exhibit to all of her citizens, and especially to the holders of Georgia securities, who have the assurance, that as the facts of the abundant financial resources of the State and its growing prosperity become known, their bonds will rise above even their present high value in the commercial world.

WILD LANDS.
In this financial connection, it is proper to call your attention to the fact that the present wild land law needs some amendment. The Comptroller-General recommends that the present law, approved February 28, 1874, he amended so as to allow the Comptroller to make up a list of all unreturned wild lands and im-
proved lands, and upon these issue fl. fa.; and also
that section 891 of the Code, requiring a transfer of
wild land fl. fas., be amended so as to allow the State control of such fl. fas. Under the present law, by which the Comptroller issues fl. fas. on lists of unre-
turned wild lands sent up by Receivers, and the State
is obliged to transfer the fl. feu;. to parties applying,
many errors are committed and injustice done. The object to be served is such a moulding of the law as will force the owners of wilil lands to pay their legitimate share of burdens of taxation, and at the same time avoid mistakes that work forfeiture of property upon individuals, or else put them to trouble and expense to correct such mistakes. The matter is an
important one, and I commend it to the General
Assembly as urgently needing careful attention.

A COLLECTED CLABI.
During the year 1877, a very timely payment into the State 'rreasury was received from an unexpected source. At the close of the war the United States government was in possession of the "\Vestern and

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JouRNAL oF THE HousE.

Atlantic Railroad, and when the road was turned over to the State, the Federal government sold the rolling stock to the State of Georgia for a certain amount of money, which our State paid, thus closing the transaction. Colonel Baugh was Superintendent of the road at the time. Four years after, in 1869, Colonel Baugh proposed to Governor Bullock to enter into an agreement to induce the United States government to reopen the claim and refund to the State money alleged to have been in excess of the real value of the rolling stock sold and paid for. For eight years this claim was pressed, and success see1Ped impossible. The Quartermaster-General of the United States made a long and decided report against the claim. No less than ten attorneys were connected with the claim from first to last, and used energy and expended time and money upon what seemed to be a hopeless enterprise. Early in 1877 the claim, however, was passed, and the sum of $199,038.58 was paid by the United States government.
The original. agreement as to compensation between Colonel Baugh and his partner, General A. C. Garlington, and Governor Bullock, was that the State was to pay a retainer of $3,000 to Baugh and Garlington, and a conditional fee of 12i per cent. of the amount recov-ered. Other attorneys were afterwards employed and the conditional fee was enlarged to a per cent. not to exceed 25 per cent. of the amount recovered. The attorneys interested were Colonel Robert Baugh, Gen. A. C. Garlington, and Col. R. A. Alston, of Atlanta, Ga.; the law firm of Jackson, Lawton & Bassinger, of Savannah, Ga.; Col. J. C. Fain, of Gordon county, Ga., and "\V. A. Prescott, Esq., and C. D. 'Vi1lard, Esq., of 'Vashington, D. C. The 25 per cent. agreed upon was allowed the attorneys, the retainer of $3,000 being first deducted, and the balance, $152,278.94, was

THURSDAY, NOVEMBER 7, 1878.

21

paid into the Treasury of the State. The only question to be considered in the allowance of fee to the attorneys for collecting the claim was whether the contract for a conditional fee to be enlarged from 12-k per cent. to a sum not to exceed 25 per- cent. of the amount recovered was to be construed as giving them 25 per cent. or less. The evidence upon this point was, in my judgment, full and conclusive that in case of recovery the full amount of 25 per cent. was to be retained as the contingent fee.
THE STA.TE UNIVERSITY.
The condition of the State University, of the College of Agriculture and the Mechanic Arts, and of the North Georgia Agricultural College, is shown in the accompanying reports.
The receipts for 1876-7 were $41,529.54, which, with the balance on hand July 1, 1876, made the revenue for the year $46,518.80. The disbursements were $34,883.44, leaving the balance on hand, July, 1877, $11,995.19, which, with scrip fund and tuition due, would run the balance to $15,000. The amount of $15,000 voted by the General Assembly to supplement the experimental and mechanical departments of the University has been recE!ived and judiciously used, as far as expended.
For the y~:>ar 1877-8, the receipts, not including the balance from the previous year, were $33,862.61, and the disbursements, including purchase of apparatus, were $38,206.98, leaving a cash balance of $9,686.79, belonging to the Library, Apparatus, Land Scrip and General Funds. The report gives the details ofreceipts and expenditures, and says that leaving out the expenditures for apparatus, the total disbursements were $67.22, in excess of the total receipts, and including refunded tuition, $990.70 less than the appropriation made in August, 1877.

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JouRNAL o.F THE HousE.

'fhe decline in the number of students, and in consequent income from tuition, caused the Board of Trustees to examine closely into the causes of such decline. There is no reason why this venerable and illustrious institution should fall into decadence, but, on the contrary, every good ground for its increasing in usefulness and prosperity. The University has an able and full faculty; it is provided with ~22,500 worth of apparatus for the instruction of science; it presents facilities for the education of our youth surpassed by no college in the country. In the increased number of
pupils in attendance, there is an indication of a more prosperous condition.
The plan for utilizing the public buildings at Milledgeville-, by establishing in them a branch agricultural college, like the one at Dahlonegn, is oue that presents strong merits, and is respectfully brnnght to the consideration of the General Assenbly. To show the value of the Dahlonega collf'ge, it may lw stated that the report of the President, submitted J nne the lOth, 1878, and approved by the Board, for the scholastic year, shows tha.t three hundred pupils received instruction in the val'ious departments of the institution, at a total expense of the small sum of 84,440. If like favorable results can be reachtd by the establishment of a similar institution in the unoccupied public buildings at Milledgeville, it would be both a wise policy for the State and a grateful favor to the citizens of the old capital.

THE LUN.ATIC .ASYLUli.
The report of the Trustees of the Lunatic Asylum for the year 1877 is very satisfactory. The appropriation was $107,250. The balance on hand at the beginning of the year was $1,965.36. The expenses of the Asylum for the year were $81,250, leaving $26,000 of

TnuwmAY, NovEMBI~R 7, 1878.

23

the amount appropriatPd undrawn from the Treasury. The cost per capita of maintaining the institution was 36 63-100 cents a day, against 37! cents the year before. The number of patients was 673 at the close of the year. against 605 the year before, being an increase ?f 68 in number. Accommodations were addec1 during the year for about 136 additional patients, the capacity of the institution being enlarged to about 800 patients.
Tha death of Dr..James F. Bozeman, for five years the President of the Board of Trustees, during the year 1871, was a loss to the institution of a manager distinguished alike by a thorough conception of the needs of the Asylum, superior executive management, and a Christian public spirit.
For the ten months beginning December 1, 1877, and extending to September 30, 1878, the Trustees report the expenses $73,291.41, for an average of 725 patients. On the first of October, 1H7R the number of patients was 742. The expense per capita was 34 55-100 cents during the ten months. It will thus be seen that the management of the institution has been economical and efficient.
Of the amount appropriated by the General Assem bly for the 22 months from December 1, 1876, to October 1, 1878, 840, 625 has not been used, and remains in the Treasury. This large saving is due to the rigid economy used by the Board. The 'frustees ask permission to use ~25,000 of this amount to enlarge the buildings for the colored patients, and to finish anumber of rooms in the main building, that may be made available, and other improvements. The necessity of an enlargement of the negro buildings is represented to be pressing. The Trustees, after consultation with the Executive and Attorney-General, did not deem it propel' to use the unexpended money appropriated for the maintenance of the Asylum, for the construction:

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JouRNAl o.:, 'l'HE HousE.

of buildings, but preferred to ask the General Assembly for authority to so apply a portion of the undrawn appropriation.
The suggestion of the Trustees in this matter is in the spirit of humanity. The number of this unfortunate class of colored people is increasing yearly, and the proper and humane care of them demands enlarged accommodation.

ACADE:..'I!Y FOR THE BLIND.
The twenty-sixth annual report of the Trustees of the Georgia Academy for the Blind, at Macon, for the year 1877, is herewith submitted. It shows the attendance of'" sixty-three pupils. The receipts for maintenance were 812,732.07, including balance of 833.07 from the year 1876, and the expeditures were 812,438.14. In addition, $1,174.62 was expended for building a cistern.
THE DEAF AND DU~fB ASYJJU?IL
The Institution for the Deaf and Dumb, at Cave Spring, is in excellent condition. The report of the Trustees covers the operations from July 1, 1877, to June 30, 1878. The pupils numbered 73, the largest number at one time being 71, and the average 65, or 25 more tl1an the previous year. Of these 37 were males and 36 females. 'rhe Asylum appears to have been managed economically. The Trustees urge that the Legislature make provision for completing the department for colored deaf mutes, and for increasing the accommodation for white mutes. The quarters are alleged to be incor:..venient for the number of pupils now in the institution. There are said to bg fully 300 deaf mutes in the State needing the benefits of this institution. The Trustees ask an increased appropriation for the sustenance of pupils.

TnuRSDAY, NovEMBER 7, 1878.

25

THE CO:Ml\IO:N SCHOOLS.
The report of the State School Commissioner shows an encouraging condition of the public schools in the State. In,1877, the attendance was 190,626; in 1876, 179,405; in 1875, 156,394, and in um~, 83,677. 'l'hese figures show the steady growth of the common school system. In 1877, the attendance of white children was 126,962, and of colored 61,604. The statistics for 1'378 are not yet obtainable, as some of the schools are still in operation, and reports are not made until the close of the term.
The State School Fund, ineluding the poll tax, is about $300,000. The countie-s and cities raised by local taxation, under local laws, in 1877, the sum of $100,153.19, making the entire free school fund for that year about $400,000. The enumeration of the school population in 1878 shows 236,319 whites and 197,125 colored; total 433,444. This is a total increase over the enumeration of 1874 of 39,407; whites, 17,586; colored, 21,821.
While there has been an increase in the school population, there has been a decrease in the illiteracy in the State. In 1874, the number of persons between ten and eighteen unable to read was 106,444, of which the wbites were 26,552, and the colored 79,692. The returns for 1878 show a total of these illiterates of 85,630; whites, 22,323; colored, 63,307; showing a decrease of 20,614; whites, 4,229; colored, 16,385. This is an encouraging result of the free school system.
The report recommends amendments of the school law, looking to an increased income for the support of the public schools.
Your attention is respectfully called to the suggestions of the Commissioner.

26

JouRNAL oF THE Hot;:-;E.

DEPAHTl\IENT OF AHRICUL'ITIU~.
'l'he fourth annual report of the Commissioner of .Agriculture for the year 1877, and the fifth annual report for the year 187~, are rt'spectfnlly ::;ubmitted. 'rhey pl'esent fully the work of this important department, and show a valuable aggregate of results. 'l'he department has proven benetieial to the agricultural interests of the State, and has undoubtedly made the State 1eputation abroad for farming progress. The
collection of farm statistics and planting experiences has educated the farmers in improved methods of agriculture, in the use of labor-saving implements and in the general planting of better seeds. The insp~ction of fe1tilizers has saved a large amount of money to the farmers in the exclusion of inferior commercial manures from our markets. 'l'he railroad statistics of the sums spent for foreign provisions has shown the dependence upon other States, and the large amount spent ab1oad for farm supplies. This information has stimulated the production of food crops to tlw great benefit of the State. During the last year, the receipts for the State Treasury from the fees for the inspection of fertilizers under the new system, have not only paid the expenses of the Department of Agriculture, but left a very considerable balance in the Treasury. The
gross amount from inspection in 1878 was t;-15,235. 77; expenses of inspection, $11,150.30, lt-~aving net balance of $~4,085.47. Deducting from this $14,700, the cost of the Department of A.gl'iculture, and there remains $19,385.47 in the Treasury, of income for the State from this source. The reports contain a number of valuable matters that are commended to the careful consideration of the General Assembly.

'l'HE GEOLOGICAL St;H\.EY.
The State Heologist has steadily progressed in the

THURSDAY, N OYE)lBElt 7, 1878.

27

work of a survey of the State, covering the western third of the State, and nearly all north of the Chattahoochee River, embracing the main portion of the mineral territory. Maps have been completed of twenty-s~ven counties. The marl beds in fifty-two counties ha e been located, and analyses made of seventy- ti vema rls, showing a great variety in character as well as abundance in quantity. The measurements of water courses have been continued over nearly the whole State, especial attention having been given to the counties bordering on the Blue Ridge on account of the immense ntlue of these streams in working the gold mines. There are over four hundred stamps in operation in the forty gold mills in the State. A special collection of minerals, rocks and woods was sent anti exhibited at the Paris Exposition.

ATTORNEY-GENERAL'S REPORT.

The Attorney-General embraces in his report the full operations in his department, from the first of January, 1877, to the present time. Th:.:- litigation in which the State is interested has been and is large, important, and varied, and comprehends questions of legal difficulty as well as of great pecuniary magnitude. The most important, perhaps, are the 1ailroad tax cases which invohe over half a million dollars of money, and cover grave legal issues. These have been ably represented in the courts by General Toombs and the Attorney-General. The attention of the General Assembly is directed to the suggestions of the AttorneyGeneral in connection with these tax cases and other subjects.
THE PENITENTIARY.

The report of the Principal Keeper of the Penitentia.ry is full in its details.

28

JouRNAL oF TH.I<; HousE.

There are now in the Penitentiary 1,239 convicts. Since October, 1868, the whole number of convicts received in the Penitentiary has been 3,293, of which 265 were pardoned, 406 died, 555 escaped and 828 discharged. In 1878 were received 340, and in 1877 to October, 209 convicts.
The report states that the lessees are faithfully endeavoring to nany ont their contracts with the State. The convicts were well treated in every respect. 'rhere has been a gratifying decrease in the deaths andescapes for 1878, the records showing one-third less in the number of deaths and two-thirds less in the number of escapes, thus evincing more careful attention to the comfort and health of the convicts, and greater watchfulness in guarding them.
The Principal Keeper reco:nmends some amendments in the law, to which your attention is directed.
The receipts from the hire of convicts from January 1, 1877, to December 31, were $14,160.47. The hire for 1878 will not be due until December 31.

PARDONS.
In conformity with the new Constitution, I submit, in an accompanying document, a list of pardons granted by me since the new Constitution went into operation, with a statement of the grounds in each case for the exercise of Executive clemency.

THE l\IACON AND BRUNSIYIOK RAILROAD.
This important work, now controlled by the State, demands some decisive action by the Legislature. The direct pecuni~try interest involved in this property is large, and the incidental interests resulting from a wise and energetic management of its business, seem, to my mind, to promise incalculable benefit to that sec-

THURSDAY, NOVEllfBER 7, 1878.

29

tion penetrated by this road. It would be difficult to find a section which embraces a wider range of -production, or which possesses such possibilities of profitable development. Favorable rates of transportation, and such general and permanent encouragement as a great line like the Macon and Brunswick road could give to industrial enterprise in all the territory within easy reach of it, would add largely to the value of such property, and thousands to our population. It will be for the Legislature to determine whether these desirable results can be expected as reasonably while the State holds the road as property, as could be looked for if it was under the control of parties who were interested as private individuals.
Even under the State's fortunate ownership of railroad property, it is questionable if such ownership, under all considerations, is a wise policy. To my mind, nothing is c1earer than the wisdom of simplifying and restricting the duties and obligations of government. The great work to be accomplished by the State is the protection of life and property. -whenever the Commonwealth attempts to act the part of a property-holder, entering into competition with private individual enterprises, we may look for such complications, and increase of expenditure, and enlargement of State patronage, as will embarrass the success, if it does not threaten the purity of administration.
It is a question of large import. which is before us for solution, how soon, and on what terms should the State relinquish to the citizen all proprietorship in such property. It is a question that, to my mind, has long been settled, that not a dollar should be drawn from the pocket of the tax-payer that could, with a wise economy, be left there; and that an interest-bearing debt is no benefit to any State that owes it, and the sooner a public debt is extinguished, when there are

30

JouRNAL oF THE HousE.

assets to pa.y it, the better it is for the public interest. Feeling and believing this, I am prepared to advise a long lease or the sale of the Macon and Brunswick Railroad, under such restrictions as will secure the State against loss, and protect the citizen against oppressive rates of transportation.
The report of the Commisl'lioners of the Macon and Brunswick Roao, herewith submitted, shows that for the twenty-two months beginning December 1, 1876, and ending SPptember 30, 1878, the total earnings were $631,911.79, and the total expenses $fi54,:352.47, leaving as net earnings for that period the sum of$77,559.32. Of this Hmount $65,000 has been paid into the State Treasury. Of the expenses $37,035.74 were paid on matters not chargeable to current expenses. This, added to the net earnings, would make the sum of $114,594.06 over the actual cost of run11ing the road. The road is in good condition and the limited motive power in fair order.

NORTH AND SO'C"TH, AND :\fE:IfPHIS BRANOH RAILROADS.

During the administration of Governor Smith, the .North and South, and the Memphis Branch Railroad Companies having failed to pay the interest upon their State-indorsed bonds, said railroads, and all the property of said companies, were seized and taken possession of by the State.
Under the discretion vested in the Governor by the act granting aid to said companies, and in pursuance of an Executive order of date July 26, 1877, theNorth and South Railroad was sold in the city of Columbus, on the first Tuesday in September next thereafter, for the sum of forty thousand five hunclred dollars. The purchaser at said sale failed to pay the amount of his bid; and having received an offer from Louis F. Garrard, and others of said city, to take said road and

THURSDAY, NoYElt:BER 7, 1878.

31

other property for the sum so bid at said sale, if time were allowed for the paymt>nt, I deemed it for the best
interest of the State to accept the same. Accordingly a deed has been executed by the Gov-
ernor on behalf of the State, conveying to the said Louis F. Garrard, and his associates, all the property and franchises of said North and South Railroad Company. In consideration of said conveyance the purchasers agree to pay to the State, on the first day of January, 1884, the said sum of forty thousand five hundred dollars ; and also to pay to the Treasurer of Georgia, St>mi-annually, in advance, interest on said sum at the rate of seven per cent. per annum until said principal is paid. They further agree to expend, within twelve month~ from the date of" said conveyance, the sum of hventy thousand dollars upon the extension and eqnipment of :'laid road.
Under the term~ of said deed the State lwlds a prior lien upon the property conveyed, and, al::'lo, upon all the property that may be added thereto, and expressly res~>nes the right to st>ize and resume possession thereof upon the failure of ~aid pmchasers to pay the principal, or any part of said interest, within thirty days after the same may become due.
In accordance with said agreement, the sum of two thousand eip:ht hundred and thirty-five dollars, interest on the amount of :-aid purchase up to January 1, 1879, has hPen paid into the State Treasury.
In pursuance of an Executive order issued June 6, 1877, the property of the Memphis Branch Railroad Company, Pxcept it~ franchise, road-bed, and the bridge acrOt:;:'! the Oostananla river, was exposed for sale in the city of Rome on the first Tuesday in August next thereafter, and was bid o.ff by the Marietta and North GPorga R~ilroad Company for the sum of nine thousand dollars. Said last named company being unable

32

JOURNAL OF THE HOUSE.

to -pay the amount of said bid in cash, I consented, in behalf of the State, that payment of said sum should be deferred until the first day of January, 1881-the com-pany, in the meantime, paying interest thereon, annually, at the rate of seven per cent. per annum. Said sum of nine thonsn-nd dollars will be r<>ta.ined by the State from the -procePds of the hire of convicts for the year 1880, which procPPds hn,ve been annually loaned to sn-id company by an act of the General AsRembly, approved Febmary 24, 1877.

NORTJIEARTERN RAILROAD.

In January of the -present year I gave the State's indorsement npon the first mortgage bonds of the Northeastern Railroad to the amount of ~260,000, this being $6,500 per mile for forty milPs. By act of the General Assembly, ap-proved October 27. 1870, the State's guaranty was pledged to this road npon the completion nf each continuous twf>nty miles to the amount of $15,000 -per mile. The ad of the General Assembly. a-pproved :February 25, 1874, rPpealing the acts granting the right to such guarantees as this, excepted all cases where the right bad vested. The same General Assembly tha,t -passed this repealing act by express resolution, approved March 3, 1874, declared that the said repealing act did not apply to the N OTtheastern R'lilroad, its right having vested. A board of skillPd railroad commissioners, consisting of John H. Powers, John A. Grant and Charles B. 'Vallace, was a-ppoint~d by Governor Smith on a-pplication of the railroad com-pany to inspect the road, and reported January 9, 1877, that over forty miles of said road were completed, equi-pped and in running ordPr, and the cost of said road was $541,200, more than half of which amount was the investment of -private capital. They also reported the road free from legal

THURSDAY, NovEMBER 7, 1878.

33

incumbrances that would endanger the security of the State.
Upon my installation in office the company applied to me for my indorsement of the bonds of the road in conformity with the law. While the company presented a strong case for indorsement, in view of the disasters connected with similar enterprises where State aid was granted, and of my own opposition to the policy of State aid, I used great deliberation in my action. I advised the company to bring the subject before the General Assembly then in session, but the session was too near its close to permit its decisive action. In the repealing act of 1874, section 2d has this provision, viz : "Should any of said companies claim that they have a vested right to such aid, and apply for the same to the Governor, any citizen of the State may interpose by bill to restrain the company, and the question of whether said vested right exists shall be for the court to determine.'' I suggested to the company to have the rights of the company tested under this provision in the courts, and in consequence a bill of injunction was filed by william S. Morris to restrain the company, the proceeding being instigated by the company. The Attorney-General was instructed to support the injunction. The Supreme Court decided that it had no j nrisdiction in the case, and referred the matter to the Governor.
The subject thus :finally falling to my decision, I gave it thorough consideration. The statements of the officers and leading members of the General Assembly of 1874, that passed the State aid repealing act, and the declaratory resolution that the Northeastern Railroad was excepttd from the repeal, were obtained and referred to me. They declared that it was the express and general intention of the Legislature not to apply the provisions of the repeal of State aid to the North-
3

34:

JouRNAL OF THE HousE.

eastern Railroad. Among those who thus wrote were Hon. L. N. Trammell, President of the Senate; Ho-e. A. 0. Bacon, Speaker of the House; Hon. T. J. Simmons, Chairman of Finance Committee of the. House; Hon. Geo. F. Pierce, Jr., Chairman of the House ,Judiciary Committee; Hon. George A. Mercer, protem. Chairman of same CommitteP, and the Hon. Henry D. McDaniel, of the Finance Committee. In addition to this, the opinions of some of the ablest lawyers were given the Governor, notably among them, Ron. Robert Toombs, General A. R. Lawton, and ex-Chief Justice Jos. E. Brown, arguing the indorsement of the bonds as a legal duty.
Even then, in the exercise of caution, I determined to defer action on the matter until the meeting of the present General Assembly if it could he done without a serious sacrifice to the interests involved. It was represented to me that, upon the pledge of the indorsement of its bonds by the State, the company had incurred an indebtedness of $237,632.97. It was further exhibited to me by a transcript of the record of Clarke Superior Court, that this amount of claims was already in suit against the road, and that judgment therefor would be entered up at the February Term) 1878, of said court. I eudeavored!to impress upon the attorneys and officers of the company that they must not look to the State for relief from their present embarrassment, but that they should, by negotiating a loan, or ra~sing the money by some means, tide over their trouble until the Legislature could meet and consider the matter. It was not until I had become fully satisfied that all hope of relief from other sources was abandoned, and that the whole property of the company would inevitably be sacrificed under the sheriff's hammer, that I decided, within two weeks of the judgment term of the court, to interfere.

TIIURSDAY, NOVEMBER 7, 1878.

35

I was satisfied that the faith of the State was pledg;ed to the indorsement of the company's bonds, and becoming further satisfied that great and remediless injury would befall the company, if such indorsement were longer withheld, my sense of official duty left me no alternative but to give it.
As to the propriety of my conduct in this matter, I invite the most rigid scrutiny of the General Assembly:
The road is doing well, and there is every prospect that it will meet its obligations and save thfl State from any loss on account of the guaranty of its bonds, while it will contribute largely in developing a fine portion of the State.
In connection with this subject of State aid, it may be proper to say that application was made to me to ascertain whether the State's indorsem~>nt would be given to the honds of the Griffin. Monticello and Madison Railroad, and it was urged that its right had vestE>d before the repeal of State aid. This road was not specially excepted by thP. General Assembly, nor was there any evidence that it intended to except this road, nor was it exposPd to immediate hazard, as was the case with the Northeastern Railroad. I. thPrPfore, declined to give the State's gnaranty, and advised the reference of the matter to the General Assembly.

CONCLUSION.

Upon a calm review of the condition of the Stateher credit abroad-her resources-her wonderful productive power-the general Ralubrity of our climatethe almost limitless range of our valuable staples, and the energy, enterprise, admirable moral tone and intellectual balance of our people, we have the strongest reasons for our hope of a grand future for our beloved commonwealth. The path for us to tread is, to my

36

JouRNAL oF 'I'H..I!l HousE.

mind, most distinctly indicated, and, if faithfully followed, will lead us inevitably to great happiness as a people ancl controlling influence among the States of the Union. Let our home talent and domestic virtues be given with patriotic devotion and ungrudingly to the service of Georgia first, and as far as anything human and contingent can be assured, we are destined to be a rich, prosperous and powerful community.
ALFRED H. COLQUIT~.

EXECUTIVE DEPARTl\[ENT,
ATLANTA, G.a., November 6, 18~8.

To the General Assembly:
A grievous necessity has been imposed upon me to demand at your hands a thorough investigation of my motives and conduct, as the Executive of Georgia, in placing the State's indorsement upon the bonds of the Northeastern Railroad. This necessity has been created by widely circulated slanders and innuendoes, vile and malignant, and so mendacious and wicked as to make all comment and paraphrase upon them utterly futile. Nothing but a thorough sifting of my every motive and act in regard to these bonds, as far as human insight and judgment can reach these, can satisfy aggrieved honor, or give such entire assurance to the people of Georgia, as they have a right to demand in the premises. To a man who values his good name far more than life, it would be an act of supremest injustice to deny the most plenary vindication rendered in the most august and authoritative form known to the laws, or to public opinion. To the people of this grea.t Commonwealth it is of the last consequence that they should know, beyond all peradventure, that the man who fills, at their call, the chief seat of authority, is above reproach or sus'}Jicion.

THURSDAY, NOVEl\IBER 7, 1878.

37

My denunciations of an awful ancl stupendous slander, forged and uttered to dishonor me, will not be enough. The General Assembly of this State-a coo9 ordinate power-is appealed to for that justice which, while it will, I know full well, exonerate me as a man, will also vindicate the fair fame of Georgia, assailed by cruel slanders on her Chief Executive.
ALFRED H. COLQUITT.

The following message was received from the Senate through its Secretary, Mr. "\V. A. Harris:

Mr. Speaker:

The Senate has adopted the following resolutions, and asks the concurrence of the Honse therein:

Resolved, That the President of the Senate and Speaker of the Honse of Representatives appoint a joint Committee, composed of two members from the Senate and three from the House, to investigate, and ascertain from the records, what officers are to be elected at the present session of the General Assembly under the Constitution of the State, and report thereon as early as practicable. The committee appointed consists of Senators Speer and Grimes.

Also-

Resoloed, That in response to the special communication of his Excellency, Governor A. H. Colquitt, on the subject of the indorsement by him of the bonds of theNortheastern Railroad, a committee of five from the Senate, to act jointly with a committee of eight from the House, be appointed to investigate the whole matter, and report their action to this body, and that the House be notified of the action of the Senate in the premises ; and that said committee be authorized to

38

JoURNAL o.F THE HousE.

compel the attendance of persons, and send for papers conversant with or relevant to said indorsement.

The following is the committee on the part of the Senate: Senators Preston, Troutman, Casey, Tison of the lOth, and Hawkins.
Mr. N orthem, of Hancock, offered the following resolution, which was agreed to, to-wit:

Resolved, 'fhat five hundred copies each of the Governor's message and his special communication be printed for the use of the House.

Mr. Rankin offered the following resolution, which was read and agreed to, to-wit :

Resolved, That those portions of the Governor's message recommending or suggestir.g subje<'t-matter of l.,gislation be referred to appropriate committees when appointed.

Mr. Strother, of Lincoln, offered a resolution, which was read and, on motion, tabled, to-wit:

A. resolution-
To appoint a committee of five to frame a suitable bill for carrying into effect the provision of the Constitution prohibiting lobbying.
Mr. Strickland offered the following resolution, which was read and agreed to, to-wit:
Resolved, That a joint committee of five from the House and three from the Senate be appointed to investigate the enforcement of the "'Wild Land Law" of the State, the manner in which fl. fas. have been issued, transferred and enforced, and that said committee repOl't by bill or otherwise to the present session of the General Assembly.

THURSDAY, NovEMBEU 7, 1878.

39

Mr. Jordan, of Wilke:;, offered the following resolution, which was, on motion, laid on the table, towit:
A resolutionFixing Tuesday, the 19th instant, as the Jay for the election of a L"nited States Senator.

Mr. Cox, of Troup, offered a resolution, which was, on motion, laid on the table, to-wit:

A resolution-
To ap-point a committee of five from the House and four from the Senate to investigate and 1eport upon the conduct and motives of the Governor in indorsing the bonds of the Northeastern Railroad.

Mr. Duvall offered a resolution, which was read as follows, to-wit:

A resolution-
To fix Tuesday, the 11th instant, as the day for the election of Judges of the the ~uperior Court in the Augusta, Brunswick, Flint, Macon, Middle, Ocmulgee, Pataula, Rome, Southern and \ \restern Circuits, and Solicitors-General in the Ocruol~ee and Oconee Circuits.
To which Mr. Jordan, of 'VilkLs, offered a substitute as follows, to-wit:
A resolution--
Providing for the election of Judges as provided for in article 6, section 3, paragraph 2, of the Constitution, on Wednesday, the 13th instant, and from day to day till an election is had.

The original resolution ~nd the substitute were both, on motion, laid on the table.

40

JouRNAL oF THE HousE.

On motion of Mr. King the rules were suspended and the following resolution, offered by him, was read, to-wit:

A resolution-

That a special co:nmittee of one from each Judicial Circuit be appointed by the Speaker, whose duty t shall be to report a bill, as early as practicable, reducing the number of Judicial Circuits from twenty to sixteen, and that the election of Judges be deferred till after the report of the committee and the action of the House thereon.

:Mr. Livingston, of Newton, offered the following as a substitute, to-wit:

Resolved, That a committee of nine be appointed to take into consideration, and to report upon t:1e practicability of organizing and apportioning the Judicial Circuits of tbs State in accordance with th<> ordinance of the last Constitutional Convention of the people of Georgia.

Mr. McCurry offered to amend by inserting "one from each Judicial Circuit," in lieu of the word "nine."

The amendment was adopted.

Mr. Yancey, of Clarke, offered an amendment inserting the words, "and Constitution," after the word ''ordinance."

Amendment adopted.

Mr. Sibley offerred the following resolution as a substitute for the wholt-, to-wit:

Resolved, That it is the sense of this House that the

THURSDAY, NOVEMBER 7, 1878.

41

Judicial Circuits of this State shall remain as now organized.

On the resolution of Mr. Sibley, the yeas and naye were called for by Mr. Fort. The call was sustained and the result was as follows, namely :

Those voting in the affirmative are Messrs.-

Anderson of PulaJSki,
Barron, Bleckley, Brannon, Buchan, Burch, Colley, Collins, Duvall, Farnell, Gray, Hammond, Hanel!,

Harris,
Howell of Pickens,
Hul~ey,
Jamison, Jordan of Wilkes, Lamb, 1\-IcRae, Mynatt, Nisbet, Paine, Park, Patterson, PerkinH,

Polhill,
Poppell, Roney, Sheffield of Miller, Sibley, Strother, Tarver, Thomas, west brook, Wilcox, Williams of Columbia, Wright.

Those voting in the negative are Messrs.-

Adams, Alston, Anderson of Morgan, Awtry, Barksdale, Bell, Bennett, Berry, Bird, Born, Branch, Brantley, Brintle, Butler, "Butt, Cannon, Carr, Cham hers,

(..'hapman, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, Daniel, Davis of Baker, Davison, DeLoach, Dickin, Dozier, DuBose, Dupree, Elder, Fitzgerald, Fletcher, Ford,

Fort, Fuller, Gammage, Garrard, Grant, Glover, Greene of Bald win, Hall, Hanks, Harp, Harrison, Henderson, Hill, Hogan, Hollis, Hudsot., Humber, Hutchins,

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JouRNAL OF 'l'HE HousE.

Irvine, Ivey, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lang, Livingston, Luffman, Mathews, )Iaund, McAfee, McConnell, l\IcCurry, :McDonald, McGouirck, McLucas, Me \Vhorter, :i\J iller of Houston, 3.\Iiller of Liberty, )Iilner,
Yeas, 38. Nays, 127. Not voting, 9.

Mitchell, Xorthern, Oliver, Paull, Peacock, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Pope, Prescott, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Scrugg,;, Shannon, Sharman, l::lhefficld of Early,

Sikes, Sims, l::lmith of Butts, Smith of Oglethorpe, Smith of \Y alton, Btrickland, Taliaferro, Tate, Tatum, Turner of Brooks, Turner of Coweta, Yick, \\"alters, vValton, \Veehunt, \\' elch, \\'heeler, Williams, C. W. Williams, F. J. Willingham, Wilmot, \Yilson, Yancey, Zellner.

So the substitute of .Mr. Sibley was lost. The substitute of Mr. Livingston, as amended, was adopted.
On motion of Mr. .Mynatt, the l"Ules were suspended and the following bill introduced and read first time:

By Mr. MynattA bill to provide for the introduction and passage of local bills.
Referred to a special committee of nine to be appointed.

THURSDAY, ~OVE3IBE!t 7, 1878.

43

The Senate resolution was taken up and concurred in, to-wit:
Resolved, 'fhat in response to the special communication of his Excellency, Governor A. H. Colquitt, on the subject of the indorsement by him of the bonds of the Northeastern Railroad, a committee of five from the Senate to act jointly with a committee of eight from the House, b.:} appointed to investigate the whole matter and report their a11tion to this body ; and that the House be notified of the action of the Senate in the premises ; and that said committee be authorized to compel the presence of persons and send for papers conversant with or relative to said indorsement.
Mr. Smith, of Oglethorpe, offered the following resolution, which was laid on the table, to-wit:

Resolved, That the Speaker of the House appoint a committee of ten to confer with a committee of the Senate looking to an early adjournment of the present Legislature with a view of meeting again at sorue suitable time during the year 1879.

Mr. Roberts, of Cobb, offered a resolution, which was read and laid on the table1 to- wit :
Resolved, 'l'hat all bills hereafter introduced in this House be printed for the use of the House, and that a copy of the same be furnished each member of the House on the morning after the introduction of said bill.
Leaves of absence were granted to Mr. Howell, of Lowndes, and Mr. Clegg, of Lee, on account of sickness.
The Speaker announced the following Committee on Rules:

44

JouRNAl IW 'l'HE HousE.

The Speaker, ex-officio Chairman; H. G. vVright, of Richmond; H. G. Turner, of Brooks; .McWhorter, of Greene ; Hammond, of Thomas.

On motion of Mr. Dozier, the House adjourned to 10 o'clock A. M. to-morrow.

ATI.. ANTA, GEORGIA,
Friday, November 8, 1878.
The House met pursuant to adjournment, and was called to order by the Speaker, and opened with prayer by Rev. John Jones, D.D.
The roll was called and a quorum found to be present.
The Journal of yesterday was read and approved.
Mr. McvVhorter moved to reconsider so much of the Journal as relates to the passage of a resolution requiring the appointment of a committee to investigate
the wild land ft. fas. and the sale thereof.
The motion prevailed.
Mr. Russell, of Chatham, appeared and was sworn in by the Speaker.
Mr. Yancey offered a resolution tendering the privileges of the floor to H. H. Carlton during hit~ stay in the city.
Agreed to.
Mr. Northern moved to suspend the rules for the purpose of offering a resolution in reference to the Institutions for the Deaf and Dumb and for Blind.

FRIDAY, NovEMBER 8, 1878.

45

The motion to suspend the rules was lost.

The following message was received from the Senate
through its Secretary, Mr. vV. A. Harris:

Mr. Speaker:

The Senate has :adopted the following re8olution, and asks the concurrence of the House therein :

A resolution-

That the conmittee to investigate the indorsement of the Northeastern Railroad bonds be instructed to report their conclusions in the case, as also the evidence upon which their conclusions were based.

Mr. Miller, of Houston, offered the following resolution, which was, on motion, laid on the table, to-wit :

A resolution-

That the election of Judges of the several circuits shall not take place before the 25th day ofthis month.

The Speaker announced the following committees:

On the reduction of Judicial Circuits-King, of Floyd, Chairman; Yancey, Polhill, Alston, Sibley, Chambers, Sheffield of Miller, Milner, Willingham, Mathews, Westbrook, Carr, Miller of Houston, Fuller, Branch, Phillips of Cobb, Kendrick, DeLoach, Phillips of Carroll, and Kirby.

On the subject of the indorsement by the Governor of the bonds of the Northeastern Railroad-On the part of the House: Cox of Troup, Hammond, Humber, Wright, Hall, Northern, Fort and Gray.

The regular order of business was taken up and the

46

JOURNAL OF THE HOUSE.

roll of counties called for the introduction of new business.

The following bills were introduced, read the first time and referred to the Committee on Finance:

By Mr. Adams-
A bill to provide for the payment of certain Macon and Brunswick Railroad coupons owned by George
Mills. By Mr. PaineA bill to prevent tax-collectors from collecting a
tax for selling liquors from persons who have obt~ined license to sell liquors from the authorities of any city or town.
By Mr. WeRthrookA bill to amend the charter of the Brunswick and Alhany Railroad. By Mr. GarrardA bill to authorize the issue of honds hy this State to redeem certain bonds falling due in the next three years, and to reduce the rate of interest on the same. By Mr. KimseyA bill to amend the act fixing the rate of interest in this State. Also, a bill to repeal an act requiring the payment of fines and forfeitures into the county tn~asury, and to regulate the disbursement of the same.

The following_were introduced, read the first time a;nd referred to the Committee on the Judiciary:

By Mr. Phillips, of CobbA hill to prohibit the sale of intoxi('ating liquors within two miles of P]ection precincts on election days. By Mr. HarrellA bill to amend section 874 of the Code.

FRIDAY, NovEMBER 8, 1878.

47

By Mr. ReeseA bill to prohibit usury in this State.
By Mr. RankinA bill to provide for the regulation of railroad freight and passenger tariffs in this State.
By Mr. RankinA bill to fix the rate of interest in this State a.t seven per cent. per annum.
By Mr. McWhorterA hHl to amend the Constitution of this State. By Mr. McCurryA.bill to authorize constables to execute Superior Court.fi..fas. in certain cases. By Mr. Strot.herA bill to fix the rate of interest. Also, a hill to ameno thE! 7th section of an act, approved August 26. 1672, in relation to fences. By Mr. CrawfordA bill to carr:v into pffect article 6, section 4, paragraph 2, of the Constitntion. By Mr. LivingstonA bill to amend section 4'n4 of the Code.

ThP- following bill was introduced, read the first time and referred to a special committee :

By Mr. Adams-

A bill to carry into effect paragraph 16. section 7,

article s, of the Constitution.

By Mr. Harrison-

.

A bill to amend section 2571 of the Code of 1873.

By Mr. Barksdale-

A bill to prescribP the manner of fixing compensa-

tion of jurors in this State.

Also, a bill to carry into effect section 18, paragraph

2 of article 6 of the Constitution.

48

JOURNAL OF THE HoUSE.

By Mr. HanksA bill to regulate trials by jury. Also, a bill to regulate the practice in claim cases in new trials inthis State. Also, a bill to regulate the praetice in motions for
the Superior Courts. Also, a bill to change the time of holding the courts
in the Cherokee Circuit. By Mr. ChambersA bill to carry into effect paragraph 3, section 18,
article 6, of the Constitution.

Mr. Rankin introduced the following resolutions, which were read the first time and referred to the Committee on the State of the Republic:
"THEREAS, A manifestation of pub1ic sentiment in the most imposing and impressive form is caHed for in the present distressing financial condition of the country, owing in a great measure, if not wholly, to the proposed forced resumption of specie payment, and the ruinous contractions of the currency inaugurated and kept up by the general government, whereby industry is paralyzed, distress inflicted upon the poorer class of our people, filling the land with bankruptcies, depriving honest laborers of means of subsistence and bringing upon many suffering and starvation, the General Assembly of the State of Georgia have deemed it their duty to adopt the rare expedient of addressing, in the name of the State, the Senate and House of Representatives of the United States:
Resolved by tke Senate and House of Representatives of tke State ol Georgia in General As.<;embly met, That in her sovereign character the State of Georgia protests against the acts of the Forty-Third Congress, entitled an act to provide for the resumption of specie payment, approved January 14, 1875, as op-

FRIDAY, NoYE:MBER 8, 1878.

49

pressive in its exactments, partial and unjust in its operation, ruinous to commerce and agriculture, and its tendencies securing hateful monopolies, to strong combinations of importunate money-change>rs or bondholders.
Resolved. That the repeal of said act, which has already contributed so largely to the disturbance of public tranquillity, and is tending to weaken confidence in the Federal Government and diminish the affections of large masses for the Union itself, is earnestly demanded.
Resolved, That this preamble and rer:;olutions be signed by the President of the Senate, by the Speaker of the House of Representative::; and by lds Excellency the Governor, and after having the Great Seal of the State affixed to it, be transmitted by the Governor to the President of the Senate and Speaker of the House of Representatives of the United States.

Mr. Northern offered the following resolution, which was read the first time and referred to the Committee on the Deaf and Dumb Asylum, to-wit:
Resolvecl by tlte House, (the Senate concurring), That a joint committee, to consist of two from the House and one from the Senate, be appointed to invite the Superintendents of the Institution for the Deaf and Dumb, and the Institution for the Blind, to appear be. fore the General Assembly! with such of their pupils as they may deem necessary, to make an exhibition of the practical operation of these schools and the attainments of their pupils in the several departments of instruction.
Resolved further, That it shall be the duty of the committee hereby appointed to make such preparations as may be necessary to carry out the purposes of the foregoing resolution.
4

50

JouRNAL OF 'l'HE HousE.

The following message was received from the Senate through its Secretary~ Mr. \V. A. Harris:

Mr. Speaker :
The Senate has adopted the following resolution and asks the concurrence of the House therein :

A resolution providing for the appointment of a joint

committee to take into consideration that part of the

Governor's message which provides for the lease or

sale of the Macon and Brunswick Railroad, and to

report at an early day by bill or otherwise; and has

appointed, on the part of the Senate, Senators Fain

DuBose and Tison, of the 4th.

'

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

By Mr. TatumA bill to repeal the act establishing the Department of Agriculture.

The following bills were introduced, read the first time and referred to the Committee on Railroads:

By Mr. FortA bill to prevent extortion and unjust discrimination in rates of freight and passage by the railroads in this State, and to punish the same, and pres~ribe a mode of procedure and rules of evidence in relation thereto.

By Mr. HanksA bill to compel the attendance of railroad companies, and other corporations, when indicted for violations of the laws of this State.

The following bill was introduced, read the first time and referred to the Committee on Wild Lands:

FRIDAY~ NOVEMBER 8, 1878.

51

By Mr. Sheffield, of MillerA bill to prescribe how and where lands shall be returned for taxes.
On motion of Mr. Nisbet, the report of the Committee on Rules was taken up, read and adopted:

Mr. Speaker :
The Committee on Rules, who were directed to report rules for the government of this House, beg leave to summit the following :

DUTIES OJ!' THE SPEAK.!SR.
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 Honse, 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. 'iVhen two or more members shall rise at the same time, the Speaker shall name the person entitled to proceed.
4. 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 in favor of the motion to rise, and. after a count is had by the Clerk, he shall call upon the mem-

52

JouRNAL OF THE HousE.

hers to reverse their position, and the Speaker shall announce the result.

DECORt'3I AND DEBATE.
6. When any member is about to speak in debate, or deliver any matter to the Hous~, he shall rise from his seat and respectfully address himself to "Mr. Speaker." He shall be continPd to the matter in debate, shall not speak more than twice on any subJect, nor 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, the Speaker shall, or may, call him 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, decidf:', 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.
7. The members of the House shall forbear from private conversation, and preserve silence until a speaking member shall have taken his seat, no1 shall the language be perverted by which his thoughts are communicated.
8. 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.
9. No member shall address the House or interrogate a member who is speaking, except through the Chair.
10. No member shall pass between the Chair and a member while he is speaking, nor shall any member, at the time of adJournment, leave his seat until the Speaker retires.

FRIDAY, NovEMBER 8, 1878.

53

11. In all elections, a majorty of the members present shall be necessary to a choice.
12. Any member may call for a division of the question on a subject in which the sense thereof will admit of it.
13. The previous q nestion, namely: ''Shall the main q uestoin be now put~" shall only be admitted when demanded by a majority of thb members present, and on the previous question there shall be no debate.
14. The motion for the previous question shall take precedence of all other motions, except a motion to adjourn, to lay on the tablP, or to postpone indefinitely; and, when it is moved, the first qnestion 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 previous question ; but before the main question is put, twenty minutes shall be allowed to the committee to close the debate. \Vhere the report of the committee is adverse to the passage of the bill, the introducer of the bill shall be allowed twenty minntes before the time allowed by the committee for closing dehate. 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 rnle.
15. \Vhen a subject is before the House for consideration, no motion shall be received but to adjourn, to lay on the table. to postpone indefinitely, to postpone to a day certain, to commit, or to amend, which several motions shall have precedence in the order they stand here arranged. No motion for adjournment shall be debatable, and the motion for adjournment the second time shall be out of order until further progress has been made in the business before the House.

JOURN.AL OF THE HoUSE.
16. No member shall smoke in the House, nor shall he converse with any one over the bar thereof.
17. All resolutions and all motions to amend any matter before the house shall be in writing; and the yeas and nays on any question 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.
18. when a message shall be sent to the House of Representatives, it shall be announced at the door of the House by the Doorkeeper, and be respectfully communicated to the Chair by the person by whom it may be sent.
19. It shall be the order of the day, every 'Vednesday, to take up and decide on reports of committees on petitions, and all petitions shall be numbered as they are n:ceived, and taken up and disposed of in the order they were received, unless otherwise orderP.d by a majority of the House.
20. Any motion containing new matter shall lie at least one day on the tabla ; nor shall any bill, ordinance, resolution, or other matter, in any shape, whether original in the House, or transmitted from the Senate, be brought before the House a second time, during the same session, after a determination l1as been had thereof, except by a Yote of two-thirds of the members present.
21. 'Vhen 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 Ruch reconsideration at any time before the .Tournal is confirmed. But. in cases where the life of an individual is concerned, or when he is in pris.)n for life, there may be two reconsideration8.

FR.DAY, NOVEJ\IBER 8, 1878.

05 I

22. lVbtions for reconsideration shall be in order immediately after the consideration of the .Journal, on the day succeeding the action sought to be reconsidered, except that matter acted on by the House during the last day of the session may be reconsidered at any time during that day.
23. Bills reconsidered shall take their place at the foot of bills then in order for a third reading.
24. ..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.
25. ..Any member may enter a protest against any proceeding of the House.

BILLS.
26. It shall be in order to introduce bills, or other matter, upon the call of the counties, without any previous notice having been giYen for that purpose; and the giving of notice for a motion to appoint committees to prepare and report bills shall be dispensed with.
27. 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 HousJ, unless the House shall otherwise direct, and bills committed to the whole House shall be considered in committee of the whole Honse. In cases wherP 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

56

JouRNAl oF THE HousE.

reading thereof, the question shall be on agreeing to the report of the committee. If the report of the committee is agreed to, the 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 withdra"n at any stage thereof by consent of the House.
28. No bill or resolution shall be transmitted to the Senate on the day of the passage thereof, unless twothirds of the members present shall so order.
29. The House shall entertain no bill, or amendment to a bill, proposing to grant eorporate powers and privileges to private companies, except to Banking, Insurance, Railroad, Canal, Navigation, Express or Telegraph Companies, nor to make or change election precincts, nor to establish bridges or ferries, nor to change names, or lep:itimate children, nor grant divorces.
80. No bill shall be entertained by the Honse whieh contains more than one subject matter, nor contains matter different from what is expressed in the title thereof.
31. No bill shall be printed until after the same bas been reported to the House by the committee to which it l1as been referred, or by request of said committee, and the order of the House agreeing thereto.
32. 'Vhenever the Constitution requires a Yote of two-thirds of either or both ltonses for the passing of an act or resolution, the yeas and nays on the passage thereof shall be entered on the .Journal.
33. No bill or resolution appropriating money shall become a law unless, upon its passage, the yeas and nays, in each house, are recorded.
34. No law, or section of the Code, shall be amended or repealed by mere reference to its title, or to the number of the section of the Code, but the amending

FRIDAY, NOVEIVIBER 3, 1878.

57

or repealing act shall distinctly describe the law to be amended or repealed, as well as the alteration to be made.
35. The general appropriation bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of Executive, Legislative and Judicial Departments of the government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject.

00:.\DIITTEES.
36. The Speaker Dhall appoint the following Standing Committees:
Committee on Corporations. Committee on Railroads. Committee on Judiciary. Committee on Finance. Committee on State of the Republic. Committee on Internal Imprmements. Committee on Agriculture. Committee on PrivilegPs and Elections. Committee on Enrollment. Committee on Journals. Committee on Military Affairs. Committee on Banks. Committee 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.

58

JOURNAL OF 'l'HE HOUSE.

Committee on Immigration. Committee on Public Property. Committee on Public Library. _ Committee on Privileges of the Floor. Committee on "Wild Lands. Committee on Special and Local Bills. Committee on Rules, of which the Speaker shall be ex-officio chairman.

l\fiSCELLANEOUS RULES.

37. On all questions, whether in Committee or in the House, the last amendment, the most distant day, and the largest sum, shalt be put first.
38. All .proceedings touching the appropriation of money shall be first considered in Committee of the whole House.
39. When a message from the Senate or from the Executive is announced at the door of the Honse, by the Doorkeeper or J\fessenger, all buHiness shall be suspended until the same is respectfully communicated to the Chair by the person bringing it.
40. A simple majority may call up a paper ordered to lie on the table for consideration.
41. Applause or hisses in the Representative Chamber, or in the galleries or lobby, during any speech or legislative pwceedings, shall be promptly suppressed.
42. During the reading of the yeas and nays on any q nestion, no debates shall be had.
43. 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.
44. The Speaker may, during a day's sitting, name

FRIDAY, NovEMBER 8, 1878.

59

any member to perform the duties of the Chair, during any part of that sitting, but no longer.
45. No member shall vote upon any question in the event of which he is immediately and particularly interested, or in any case where he was not present when the motion was put, unless by permission of the House.
46. Upon the call of the members, ordinary or extraordinary, the names 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.
47. The several standing committees of the House shall have leave to report by bill or otherwise.
48. The Clerk of the House shall take an oath for the true and faithful discharge M 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.
49. The Clerk shall take special care of the books provided for the use of the House.
50. 'rhe joint Committee of Enrollment shall carefully com pare enrolled bills and resolutions, and, correcting any errors that may be discovered in the enrolled bills or other papers, make their report forthwith to the respective Houses.
51. The Clerk shall, on 1\fonda.ys, Wednesdays and Fridays, call the conntits for the introd.uction of new matter, beginning alternat8ly at the first and last of the alphabet.
52. The rules 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.
53. All bills and resolutions shali be called in the order in which they stand on the calendar; and be-

60

J OTJRNAL OF THE HOUSE.

fore reading any bill or resolution the second or thir<:l time, the Clerk shall distinctly state its number and the name of the member by whom introduced.
54. 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.
55. 'iVhen any question arises which is not provided for in the foregoing Rules, the same shall be controlled by the rules usually governing parliamentary bodies.
56. No person shall be allowed to enter upon the floor of this House, except the Members and Officers thereof, the Governor of the State, and the heads of the offices of the Executive Department, ex-Governors, Jndges of Supreme and Superior Courts, in actual commission, ex-presiding officers of the General Assembly, and such other~ as the House may allow, upon recommendation of the Committee on the Privileges of the Ploor_
57. It shall be the duty of the Committee on Journals to read the .Journal of each day's procePdings, and report to the Honse that the same is correct before the Journal is read by the Clerk.

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

FRIDAY, NovEMBER 8, 1878.

61

CJIAXGING THE RULES.

59. No change of, or addition to, these rules shall be made, unless such proposed change or addition be first referred to the Committee on Rules, and reported back to the House.

In reporting these Rule:-: to the Honse, 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.
Respectfully submitted, A. 0. BACON, Ex-officio Chairman, H. G. \Ymmrr, R. L. Mc\VHORTBR, H. G. TURNER,
w. l\f. HAlDIOND.

Mr. Strother offered a resolution to have five hundred copies of the Rules printed for t.he use of the House.
Mr. Jordan, of Wilkes, moved to substitute "two hundred.:'
Mr. Harrison moved to substitute "three hundred.'' The amendment of Mr. Harrison was adopted, and three hundred copies of the Rules ordered printed.

Mr. Adams moved to take from the table the following resolution, to-wit:
A resolutionThat the Speaker of the House appoint a committee of ten to confer with a committee of the Senate, lookIng to an early adjournment of the present Legislature, with a view of meeting again at some suitable time in the year 18 79.

62

JouRNAL OF THE HousE.

The motion prevailed, and the resolution was read and agreed to.

The Speaker announced the following special committee to consider the bill providing for a method of giving notice of Local or Special Legislation: Mynatt, Chairman; Adams, Dupree, Harris, Reese, Crawford, Toole, Duvall and Strother.

On motion of Mr. McCurry, the House then adjourned to ten o'clock to-morrow morning.

ATLANTA, GEORGIA,
Saturday, November D, 1878.
The House met pursuant to adjournment, and 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 yesterday was read, corrected and approved.
The Speaker announced the following as the committee to consider the question of adjournment:
On the part of the House-Smith, of Oglethorpe, Chairman; Crawford, Greene of Baldwin, Pope, Dupree, Nisbet, Smith of Butts, Phinizy, Sheffield of Early, and vValters.
Mr. Fort, of Sumter, moved to suspend the rules for the purpose of taking up the Senate resolution in reference to the appointment of a committee to inquire in1o

SATUlWAY, NovE::UBER 9, 1878.

63

the lease or sale of the Macon and Brunswick Railroad.
The motion was adopted, and the Senate resolution concurred in, to-wit:

Resolved, That the President of the Senate and Speaker of the House of Representatives appoint a joint committee, consisting of three from the Senate and five from the House of Representatives to take into consideration that portion of the Governor's message which refers to the lease or sale of the Macon and Brunswick Railr()ad, and that such committee report to the General Assembly so soon as practicable, by bill or otherwise, looking to the best interest of the State.

The resolution of Mr. Strother for the appointment of a special committee on the subject of lobbying, to report, by bill or otherwise, was, on motion, laid on the table.

The resolution of Mr. Miller, of Houston, in regard to the election of Judges of the Superior Courts, was, by permission, withdrawn.

The resolution of Mr. Jordan, of Wilkes, fixing a day for the election of a United States Senator, was, on motion, disagreed to.

Mr. Mynatt moved to suspend the rules for the pmpose of taking u-p the Senate resolution, looking to the appointment of a committee to inquire what officers are to be elected.
The motion to suspend the rules was lost.

Mr. Mynatt, chairman of the special committee to prescribe the method of advertising local laws, submitted.the following report:

64

JoURNAL OF THE Ho"C"sE.

Jrir. Speaker :

The special committee, to whom was referred the following bill :
"A bill to be entitled an act to carry into effect paragraph 16, section 7, article 3, of the Constitution of this State, by prescribing the manner of giving and publishing notice of an intention to apply for local and special bills," etc., report the same back with therecommendation that it do pass by substitute.
P. L. MYNATT, Chairman.

The resolution by Mr. Jordan, of wilkes, fixing the hours of meeting of the House, was taken up, read and laid on the table.

The resolution of Mr. Cox, of Troup, in reference to the appointment of a committee of investigation on the indorsement of the bonds of the Northeastern Railroad was, by permission, withdrawn.

The resolution of Mr. Phillips, of Cobb, in reference to the printing of bills, was taken up, read and laid on the table.

Mr. Phillips, of Cobb, offered the following resolution, which was read and agreed to, to-wit:

Resolved, That the Gover.aor be reqnested to furnish this House such correspondence, papers and deeds, as may be of file in the Executive Department, made by the city of Atlanta referring to the location and building of a capitol in the city of Atlanta.

The resolution of Mr. Duvall in reference to the election of J ndges and Solicitors-General, with the substitute of Mr. Jordan, of Wilkes, was taken up, read and, on motion, laid on the table.

SATUBDAY, NOVEDEB 9, 1878.

66

The following bill, being in order, was read a second time, by substitute, to-wit:

A bill to carry into effect paragraph 16, section 7, article 9, of the Constitution of this State.

The Rouse took up and concurred in the following resolutions of the Senate, to-wit:

A resolution-
Instructing the committee of investigation of the indorsement of the bonds of the Northeastern Railroad to report their conclusions, as well as the evidence on which their conclusions are based.
Also, a resolution appointing a joint oommittee to take into consideration the lease or sale of the Maoon and Brunswick Railroad.
Also, a resolution to appoint a committee to coefer with the city authorities of Atlanta in regard to the location and construction of a State Capitol.

The following message was received flom the Senate
through its Secretary, Mr. vV. A. Harris:

Mr. !Jpeaker:

The Senate bas passed the following resolution, and asks the concurrence of the Rouse therein:

A resolution asking fo1 the appointment of a joint committee to confer with the city authorities of the city of Atlanta, ascertaining at what time it will be convenient for them to comply with the proposition made to the people of Georgia in regard to the location and construction of a capitol.

Committee appointed on part of Senate-Preston, Hamilton of the 14th district, and Howell.
0

68

Joun.A.L OF 'l'HE HousE.

Mr. Nisbet moved to suspend the rules for the pur~ pose of introducing certain bills in reference to the Lunatic Asylum.
The motion was adopted, and the following hills in traduced, read the first time, and referred to the Committee on Lunatic Asylum :

By Mr. Nisbet-
A bill to increase and fix the amount of the bond to be given by the Treasurer of the State Lunatic Asy~ lum.
Also, a bill to authorize the Tmstees of the Lunatic Asylum to use part of the unexpended appropriation for improvement, relJairs, etc.

Mr. Alston moved to suspend the rules. Motion adopted, and the :following bill was intro duced and read the first time, to-wit:

By Mr. Alston-
A bill imposing a tax, prescribing the mode of colleoting the same, on the privileA-e of selling wine, ar~ dent spirits, or malt liquors, within the limits of this State for the suppurt of the school system.
Referred to the Committee on Finance.

Mr. Hulsey, of Fulton, moved to suspend the rules for the purpose of introducing a hill for the establish ment of a. branoh of the State University at Milledge-
ville. The motion was adopted, and the following bill wa.s
read the first time, and refer1ed to the Committee on
Education.

By Mr. Hnlsey-
A bill to organize the Middle Georgia. Military and Agricultural College.

MoNDAY, NOVEMBER 11, 1878.

67

Mr. Turner, of Brooks, moved to suspend the rules for the purpose of allowing Mr. Miller, of Houston, to introduce a bill to provide for the better management of the State convicts.
The motion was adopted, and the following bill was introduced, read the first time, and referred to the Committee on Penitentiary.

By Mr. Miller, of HoustonA bill to provide for the better inspection, management and control of the convicts of this State.

The Speaker announced the following committee to ascertain what officers are to be elected at the present session of the General Assembly.
On the part of the House-Polhill, Turner of Brooks, and Janes.
Leaves of absence were granted to Mr. Kirby, on account of sickness, and to Mr. Roberts till Tuesday morning next.
On motion of Mr. Dozier, the House adjourned to ten o'clock Monday morning.

ATLANTA, GEORGIA,
Monday, November 11, 1878.
The House met pursuant to adjournment, and was called to order by the Speaker, and opened with prayer by Rev. A. T. Spalding, D.D.
On :=notion, the calling of the roll was dispensed with.
The Journal of Saturday was read and approved.

68

J OURN.A.L OF THE HOUSE.

The following message was received from the Senate through its Secretary, Mr. \V. A. Harris:
Mr. Speaker : The Senate has concurred in the House resolution
relative to the adjournment of' the General Assembly, and has appointed as a committee on the part of the Senate- Senators Fain, Perry, Staten, Turner and Folks.
Also, the Senate has passed a resolution authorizing Hinton P. wright to publish the public acts of the General Assembly at its present session, and asks the concurrence of the House therein.
It being the regular order, the Clerk proceeded to call the roll of counties, commencing with the county of \Vorth.
The following bills were introd need, read the first time and referred to the Committee on the Judiciary :
By Mr. ColleyA bill to execute articlt:l 6, section 9, of the Constitution of 1877. By Mr. Jordan, of '\VilkesA bill to supply the soldiers who have lost a limb, or limbs, in the military service of the Confederate States with a substantial limb, or limbs, during life, and to cany into effect paragraph 1, section 1, article 7, of the Constitution in reference to the same. By Mr. HanksA bill to abolish the distinction between principals in the first and second degree in crime, and for other purposes. Also, a bill to alter and amend section 4308 of the Code in relation to accessories after the fact.

MoNDAY, N OVEll:lBER 11, 1878.

69

Also, a bill to amend section 4068 of the Code regulating practice in cases of certiorari.
Also, a bill to define the rights of parties under the plea of recoupment.
By Mr. KimseyA bill to establish the right of appeal to a jury in the Justices' Courts of this State and to the Superior Courts under the Constitution of this State-article 6, section 7, paragraph 2. Bv Mr. 'VilmotA. bill to amend paragraph 2, section 1, article 11, of the Constitution of this State. By Mr. Hammond-A bill to provide for the prohate of foreign wills, and for the appointment and qualification of administrators to carry out the provisions of foreign wills when admitted to probate and record in this State. By Mr. MathewsA bill to amend section 1407 of the Revised Code so far as to authorize physicians in practice, under legal diploma or license, to open and keep drug or apothecary stores without license. Also, a bill to amend section 2495 of the Revised Code, relating to appointing administrators on estates not represented and not likely to be represented.
By Mr. DavisonA bill to compel the Judges of the Superior Courts of this State to go through with business of their respective courts or cause the same to be done at least twice a year, and in default to forfeit salary.
By Mr. HollisA bill to give to the Justices' Courts jurisdiction on all snits on sheriffs', constables' and coroners' bonds, where the principal sum claimed does not exceed one hundred dollars. By Mr. Dupree-

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JouRNAL OF THE HousE.

A bill to carry into effect article D, section 1, paragraph 1, of the Constitution of 1877.
By Mr. StrotherA bill to amend section 4287 of the Code of Georgia so as to make these sections apply to criminal proceedings as well as to civil proceedings, where conviction is had. Also, a bill to carry into effect paragraph 2, section 7 of article 6, of the Constitution in reference to appeals in Justices' Courts to juries, and also in appeals from Justices' Courts to the Superior Courts of the country, and to fix the jurisdiction of said court. By Mr. DickinA bill to provide for the punishment of slander in
of this State. Also, a bill to amend the law of the foreclosure mortgages on personal property as recitedlin part 3, chapter 2, article 1, in the second edition of the Revised Code.
By Mr. McCurryA bill to suspend the issuing of executions from judgments rendered in the Justices' Courts of this State in certain cases.
By Mr. HudsonA bill to be entitled an act to provide for appeal trials in Justices' Courts. By Mr. MevVhorterA bill to amend the Constitution of thi:s State. By Mr. ParkA bill to prevent the consolidation of the offices of sheriff and tax-receiver in any county in this State. By Mr. MynattA bill to amend section 2971 of the Code of 1873. Also, a bill to make all causes triable at the firs term. By Mr. Riden-

MoNDAY, NovEliiBER 11, 1878.

71

.A. bill to provide one Commissioner of Roads and Revenues in this State for the county of Forsyth, and to prescribe his powers and duties.
By Mr. Duggar.A. bill to provide for the appointment of a Judge pro hoc vice to hold the term or an adjourned term of any Superior Court in this State in case the presiding Judge is sick, disabled or hindered, from unavoidable or Providential causes, from attending said term or adjourned term of the court. By Mr. GrayA bill to provide for the registration of electors in all general elections in this State. the manner of voting, and for other purposes. By Mr. Hogan, of CarrollA bill to amend section 3854 of the Code. By Mr. CannonA bill to compel all persons entitled to vote for President and Vice-President of the United States, for Governor, members of Congress, memberR of the Legislature and all county officers to vote at their own district or precinct elections and at no other place.

The following bills were introduced, read the first time and referred to the Finance Committee:

By Mr. GarrardA bill to authorize the issue of bonds by cities for the redemption of bonds now outstanding, and to secure the payment of the same. By Mr. Zel1n~rA bill to confer additional powers upon the tax-collectors of this Stah", and to make said tax-collectors ex-ejficio sheriffs in certain cases, and for other purposes. By 1\fr. Diekin-
.A. bill to amend the tax act of 1877, and to provide

72

JOURNAL OF 1'HE HOUSE.

for the collection of taxPs due the State, and for other

purposes.

,

By Mr. Tatum-

A bill to provide for the redemption of real estate

by defendants in execution.

By Mr. Irvine-

A bill to provide for the allowing insolvent lists for

the poll tax in this State.

By Mr. Paine-

A bill to appropriate two hundred and fifty cl0llars

to pay to the Oglethorpe Light Infantry. of Savannah,

Georgia, for fifty Springfield breech-loading rifles

which were turned over to the State by said company.

By Mr. Adams-

A bill to provide for the payment of certain Macon

and Brunswick Railroad coupons held by James

Hunter.

The following bills were introduced, read the firRt time and referred to the Committee on Agriculture.

By Mr. Jordan, of 'VilkesA bill to amend section 1443 of the Code relative to lawful fences-to make them four feet high instead of five. By Mr. Williams, of ColumbiaA bill to amend section 4612 of the Criminal Code of Georgia relative to killing or maiming of cattle or hogs so as to include sheep and hogs in the maiming of the same.

The following bill was introduced, read the firsttime and referred to the Committee on Education.
By Mr. IrvineA bill to amend section 24 of an act establishing a public school syst.em in this State, approved August 23, 1')73.

MoNDAY, NovEMBER 11, 1878.

73

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

By Mr. FortA bill to establish a board of Railroad Commissioners, and prescribe their powers and dutie!;.

The following bill was introduced, read the first time and referred to the Committee on Lunatic Asylum:

By Mr. RoachA bill to repeal an act authorizing the ComptrollerGeneral to require the tax-receivers of this State to make return of all lunatics, epileptics and idiots in each county in this State, and their sex, and age, and color, approved February 24, 1877.

The following resolution was introduced, read the first time and referred to the Committ~e on the Judiciary:
By Mr. HollisA resol ntion authorizing the Governor to purchase three hundred and fifty copies of the Analytical Index of Georgia Supreme Court Reports from volume 1 to 58, inclusive, prepared by \V. D. Elam.

The following resolution was introduced, read the first time and referred to the Committee on Finance.

By Mr. MynattA resolution to pay H. J. G. Williams for certain work done by himself and his son, E. J. Williams, in making a transcript of certain numerical land books pertaining to the Executive Department.

The nP-xt business in order being bills on a third reading, the following bill was taken up and read a third time, to-wit :

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JouRNAL oF 1'HE HousE.

A bill to carry into effect paragraph 16, section 7, article 3, of the Constitution of the State by prescribing the manner of giving notice of an intention to apply for local or special bills.

Mr. Hanks offered a substitute.

On motion of Mr. Hulsey, the bill and the substitute were recommitted to the special committee of nine.

The following Senate resolution was taken up and concurred in, to-wit:

A resolution to authorize Hinton P. Wright to publish the public laws of this session as soon as the same are passed.

Mr. Pol hill movPd that the concurrence of the Honse be at once transmitted to the Senate.
The motion was adopted.

The Standing Committees of the House were announced as follows, to-wit:

Committee on the Judiciary-Turner, of Brooks, chairman; Hammond, Fort, Hall, Polhill, Cox of Troup, Mynatt, Colley, Adams, Mathews, Sheffield of Early, Crawford, Anderson of Newton, Chambers, Davis of Rou~ton, Dupree, Harris, Reese, Gray, Duvall, Hulsey, ToolP., Luffman, Pike, Turner of Coweta, Milner, Strother, ,Janes, KimsP.y. , Committee on Finance-Hutchins, chairman; Miller of Houston, Paull, Nort.hern, PainE', .Awtry, Phillips of Cobb, Garrard, Nisbet, Raney, Anderson of Pulaski, MitchE'll, Smith of Oglethorpe, ShPftield of Early, Hollis, Yancey, Carr, Cook, Fitzgerald~ Humber, Irvine, Redwine, Sibley, Smith of Walton, Strick-

MoNDAY, NovEl)fBER 11, 1878.

75

land, Westbrook, Hudson, Phinizy, Fuller, Park, Barron.
Committee on Corporations- Mynatt, chairman ; Raney, Barksdale, DuBose, Rankin, McCurry, vVall, \Valters, Hanks, Dickin, Daniel, Ru:::;sell, Turner of Coweta, Hutchins, Garrard, Phillips of Cobb.
Committee on Railroads-\Vright, chairman; Fort, Alston, Rankin, Hall, Adams, Turner of Brooks, Colley, Nisbet, Hulsey, Garrard, Hanks, Pike, King.
Committee on Local and Special Bills-Hammond, chairman; Adams, Harrison, Cox of Troup, Hulsey Chambers, Milner, Dubose, Pike.
Committee on Privileges of the Floor- Yancey chairman; Crawford, Rankin, Chambers, Farnell.
Committee on the State of the Republic-Hall, chairman; Dozier, Miller of Houston, Paull, Cox of Troup, \Vright, Turner of Brooks, Hutchins, Yancey, Harris, Crawford, Fort, Phillips of Cobb, Dupree, Gray, Rankin, Hudson, Hulsey, Barksdale, Raney, McCurry, DuBose, Glover.
Committee on Internal Improvements- Smith of Oglethorpe, chairman; Kendrick, Cannon, C. W. Williams, Smith of Butts, Hammond, Sikes, Sheffield of Early, Davis of Baker, Davison, McDonald, Hogan, Puckett, Turner, Vick.
Committee on Agriculture-Livingston, chairman; SmithofOglethorpe, Northern, Humber, Carr, Scruggs, Lang, Glover, Anderson of Pulaski, Green of Baldwin, Jordan of Crawford, Jordan of \Vilkes, Maund,,McRae, Oliver, Peacock, Zellner. Shannon, Sikes, Sims, Davison, Tarver, Barksdale, Barron, Burch, Clegg, Elder, Yancey, Gammage, King, Tate, Bleckley, DeLoach, Borne, vValters, Phillips of Carroll, Smith of Butts, Taliaferro, Thomas, Tatum, \Villiams of Columbia.
Committee on Privileges and Elections- Russell,

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JOURNAL OF THE HoUSE.

chairman ; Sheffield of Miller, PolhilL Raney, McCurry, Walters, Toole, Dupree, DuBose, Strother, Milner, Janes, Peacock, Lam b.
Committee on Lunatic Asylnm-Panll, chairman; Scruggs, Green of Baldwin, Northern, Slwffield of Early, wilson, Johnson of Clay, Riden, Thoma::;, Harris, 'Villiams of Col urn bia, MeWhorter, Cunningbam, Bleckley, Davis of Baker, Duggar, Gammage, Patterson, Barron, Zellner.
Committee on Penitentiary-Alston, chairman; Livingston, Brantley, vVilson, Phinizy, McGouirck, Sims, Mc,Vhorter, Johnson of Johnson, Davison, Sharman, Wilcox, V\Tilmot, Grant, Butler, RogPrs, Lang.
Committee on D~>af and Dumb-'Vi11ingham, chairman; Kendrick, "\Valton, Peacock, Born. DeLoach, Perkins, Janes, Roach, Cook, Branch, Ford, Bell, Henderson.
Committee on Geological Bureau-Gray, chairman ; Rankin, Lang, Alston, Adams, 'Vestbrook, Brintle, Irvin~>, Roberts, McDonald, McGouirck, Collins, Kirby, Jamison, Chapman.
Committee on Banks-Mi11er of Houston, chairman; Mynatt, Dozier, "\Vall, Smith of walton, Turner of Coweta, 'Villingham, Colley, Sibley, Daniel, Dickin, Puckett.
Committee on Academy for the Blind-Dozier, chairman; Perkins, Glover, Bennett, Strickland, Chapman, Hill, Maund, Nisbet, Anderson of Morgan, Buchan, Cannon, vVheeler.
Committee on Enrollment-Paine, chairman; Greene of Baldwin, Born, DeLoach, Walton, Cox of Harris, Farnell, Phillips of Coffee, Park, Redwine, Harrison, Pope, Kendrick.
Committee on 'Vild Lands-l\fc,Vhorter, chairman ; Maund, Strickland, Duvall, Anderson of Newton, Redwine, Hall, McRae, Burch, Brannon, Elder, Bird,

MoliDAT, NovEMBEB 11, 1878.

77

Prescott, Reese, Strother, Russell, \Villiams of Columbia, Brintle, Cunningham, ],nller, McConnell, Phillips of Coffee,- Howell of Lowndes.

Committee on Military Affaixs-Colley, chaixma.n; Cra.wfora, Thomu, Gray,Aiiams, Smith of Oglethorpe, Williamsof Columbja, Hulsey, Walters, '\\1eehunt.
Committee on Education-Northern, chairman; Yancey, Taliaferro, Sibley, Cook, Hanks, J. F. Williams, Oliver, Harrell, Hollis, Phinizy, :.Miller of Liberty, Roaoh, Itvine, Gr<::lene of .M&dison, Pope, vVaJ.ton, King, Fletoher, Jordan of vVilkes, Kirby, Hendetson.
Committee on Journals-Barksdale, chairman; Harrell, Harp, Buchan, Sikes, Welch, Poppell, Kimsey, McLucas, McAfee, Collins and Butt.
Committee on Counties and County Lines-Phillips of Cobb, chairman ; Anderson of Morgan, Hill, Green of Madison, Howell of Lowndes, Harp, Jamison, Butt, Johnson of Johnson, Poppell, Jordan of Crawford, Sha.nnon, Farnell, Zellner, Tate.
Committee on Immigration-DuBuse, chairman ; Lang, Mathews, C. 'V. Williams, Wilcox, Sharman, Pa.tterson, McLucas, Da.vis of Houston, Cox of Harris, Bennett, WheelPr, Tarver.
Comn1ittee on Public Printing-.Awtry, chairman; Wright, Harrisort, MoOurry, Redwine, F. J. Willia.ms, Tatum, Prescott, Luffma.n, MoA..ree, Grant, Fletcher, Vick, Bird.
C.ommittee on .Auditing-McRae, chairman ; Mitchell, Weehnnt, Duggar, Howell of Pickens, Roberts, Ivey, Berry, Lamb.
Committee on Public Library-Reese, chaixma.n ; Da.vis of Houston, , McAfee, Bell, Henderson, Ford, Howell of Pickens, 'Velch, Hogan, Miller of Liberty.

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JouRNAL OF THE HousE.

Committee on Public Property-Polhill, chairman;
Smith of Butts, Fitzgerald, Clegg, Brantley, Berry,
Howell of Lowndes, Riden, Phillips of Carroll, 'yest-
brook, vVilmot, Jordan of Clay, Branch, Ivey, Bran-
non. Committee on Rules-Bacon, ex-officio chairman ;
Wright, McWhorter, Turner, Hammond.

The Speaker announced the following special committees:
On the question of sale of the Macon and Brunswick Railroad-On the part of the House, Fort, chairman ; Garrard, Harris, Anderson of Pulaski,' Paine.
Committee to confer with the city of Atlanta-On the part of the House, Yancey, chairman; Humber, Hall, Rankin, Mynatt.

Mr. Reese moved that three hundred copies of the list of Standing Committees be printed at once for the use of the House.

Mr. Alston offered as a substitute, that three hundred copies of the Standing Committees be printed and bound with the Rules of the House for the use of members.

The substitute was adopted.

Mr. Strickland offered the following resolution, which was read and agreed to, to-wit:

A resolution-

Instructing the Committee on Wild Lands to investigate the enforcement of the vVild Land Law.

On motion the House adjourned till ten o'clock tomorrow morning.

TuEbD.AY, NovEJIIBliR 12, 1878.

79

ATLANTA, GEORGIA,
Tuesday, November 12, 1878. The House met pursuant to adjournment, and was called to order by the Speaker, and opened with prayer by Rev. John Jones.
The call of the roll was dispensed with.
Mr. Barksdale, chairman of the Committee on Journals, reported that the committee. had examined the Journal of yesterday, found it correct and approved it.
The Journal of yesterday was read and approved.
Mr. Davis, of Houston, presented himself and was sworn in by the Speaker.
The following message was received from the Senate through its Secretary, Mr. \V. A. Harris:
Mr. Speaker:
The Senate has adopted the following resolution, and asks the concurrence of the House therein, to-wit:
A resolution appointing keepers to the water closets during the session of the Legislature.
Also, a bill to be entitled an act to prescribe the manner of giving notice of an intention to apply to the Legislature for the passage of local and special bills.
The special committee on reduction of Judicial Circuits submitted the following majority report :
Mr. Speaker:
The special committee appointed to take into consideration the practicability of reducing the Judicial Cir-

so

JOURNAL OF THE HoUSE.

cuits from twenty to sixteen, in accordance with the recommendation contained in an ordinance of the late Constitutional Convention, after giving the matter careful consideration, are of the opinion that this reduction should be made.
\Ve find that the total number of weeks of service now required by law to be performed by twenty Judges is only about 465 weeks. This number divided by sixteen gives but twenty-nine weeks of service to each Judge. As several of the Judges are now performing from thirty-two to thirty-six weeks, while others are working but from fourteen to sixteen, we cannot see how any argument can be successfully made against the proposed reduction. As there is some diversity of opinion as to whether this committee has authority to report a bill, we have decided simply to report the conclusion of the Committee on the practicability of the reduction and request that the subject-matter be recommitted, with instructions to report a bill reorganizing and reducing the circuits to sixteen.
We suggest that the reduction of' the circuits from twenty to sixteen can be accomplished in the following manner:
Section 1. The first circuit be composed of the counties of Bryan, Bullock, Chatham, Effingham and Liberty.
The second circuit of the counties of Appling, Camden, Charlton, Coffee, Clinch, Glynn, Mcintosh, Ware, \Vayne, Telfair and Montgomery.
The third circuit of the counties of Baker, Berrien, Brooks, Colquitt, Decatur, Echols, Irwin, Lowndes, Miller, Mitchell, Thomas and vVorth.
The fourth circuit of the counties of Calhoun, Clay, Dougherty, Early, Lee, Quitman, Randolph, Stewart and Terrell.
The fifth circuit of the counties of Chattahoochee,

TUESDAY, NOVEMBER 12, 1878.

81

Dooly, Houston, Macon, Marion, Schley, Sumter, Taylor, Webster and Wilcox.
The sixth circuit shaH be composed of the counties of Harris, Meriwether, Muscogee, Talbot and Troup.
The seventh circuit shall be composed of the counties of Bibb, Crawford, Jones, Monroe, Pike,.,.Twiggs and Upson.
The eighth circuit shall be composed of the counties of Baldwin, Dodge, Emanuel, Johnson, Laurens, Jefferson, Pulaski, Tatnall, vVashington and vVilkinson.
The ninth circuit shall be composed of the counties of Burke, Columbia, McDuffie, Richmond and Screven.
The tenth circuit shall be composed of the counties of Glascock, Greene, Hancock, Lincoln, Morgan, Oglethorpe, Putnam, Taliaferro, \Varren and vVilkes.
The eleventh circuit shall be composed of the counties of Butts, Clayton, Payette, Jasper, Henry, Newton, Rockdale, Spalding, vValton and Upson.
Twelfth circuit of the counties of DeKalb, Fulton and Milton.
The thirteenth circuit of the counties of Carroll, Coweta, Cobb, Forsyth, Haralson, Heard, Paulding, Douglas and Campbell.
The fourteenth circuit shall be composed of the counties of Banks, Clarke, Elbert, Franklin, Gwinnett, Habersham, Hall, Hart, Jackson, Madison and Oconee.
The fifteenth circuit shall be composed of the counties of Bartow, Cherokee, Dawson, ~~annin, Gilmer, Lumpkin, Pickens, Rabnn, Towns, Union and White.
The sixteenth circuit shall be composed of the coun6

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JoURNAL OF THE HoUSE.

ties of Catoosa, Chattooga, Dade, Floyd, Gordon, Mur-

ray, Polk, walker and 'Vhitfield.

A. J. KING, Chairman ;
B. c. YANCEY,
B. C. KENDIUCK, J. M. l\IATHEl\!S,

\V. M. \VILMNGIJA)I:

CHARI~ES D. PHILLIPS,

,v. R.

DELOACH,

l\liCliAEL BRANCH,
T. \V. MILNER,

ENocu PniLUPs, R. A. ALSTON, J. H. KIRBY.

The following minority report was submitted :

Mr. Spea7!er:
'Ve, the undersigned, a minority of the committee on the reorganization of the JudiCial Circuits of this State, beg leave to submit the following report:
While in favor of retrenchment in the public expenditures to the greatest extent compatible with the public interest, we are unwilling for the mere sake of curtailing the expenses of the Judicial department of the government, to give our assent to so important a measure as that proposed by the majority report of this committee without thorough investigation and mature reflection, which has been denied by a majority of this committee by its precipitate action in the premises.
\Vith an increasing growth of population, at the rate of from eight to ten thousand annually, and the growing tendency of our people towards a greater diversity of investments and occupations, and the consequent increase of litigation in the Superior Courts of our State, together with the fact that

TUESDAY, NOVEMBER 12, 1878.

83

the dockets of many of our courts are encumbered with business that the judges are unable to dispose of, we deem the report of the majority of the committee an experiment hazardous to the proper administration of the laws and the dispatch of business which is so desirable to the citizens of the State.
We are, therefore, not fuliy prepared to say that, in our opinion, the reduction of the number of judicial circuits on the plan suggested by the majority of the committee will be promotive of the general good of the people, either as a matter of economy in securing a more prompt administration of the laws of the State. The labor of the judges might be equalized without a reduction of the number of judicial circuits. Under the method proposed by a majority of the committee, we find in some instances two constitutional officers occupying and holding commissions for the same office in the same circuit, and in one circuit we find two judges whose term of office is now the subject of investigation by a joint committee of the Gene1al Assembly, whose report has not been made-all of which presents so much complication and difficult questions of constitutional laws, whicll we are unable to satisfactorily solve, that we are unwilling to commit ourselves to the report of the committee.
H. c. SHE.F.h'IELD,
B. F. CARR, GEORGE R. SIBLEY,
J.i~. CnAMB:ERS,
J. H. POLHILL, A. L. :.MILLER,
c. A. \VESTBROO.K,
s. D. J.i'ULLER.

}fr. Sheffield, of Miller, moved that three hundred copies of the majority and minority reports of the

84

JOURNAL OF l'HE HoUSE.

Committee on Reduction of Judicial Circuits be printed for the use of the members of this House.

The previous question was called for; the call was sustained, and, on a division, the motion 'to print was lost.

Mr. Cox, of Troup, offered the following resolution, which was agreed to:

.A resolution-
That the reports, both the majority and minority, be referred back to the Committee of Reduction of Judicial Circuits with instructions to report by bill.

There being no House business on the table, the following Senate bill was taken up, read the first time and referred to the Committee on the Judiciary, with instructions to report immediately, to-wit:

.A bill to prescribe the manner of giving notice of an intention to apply to the Legislature for the passage of special and local bills.

The following Senate resolution was taken up, read and disagreed to, to-wit:

A resolution-Appointing keepers of water-closets.

1\L McCurry, of Hart, offered the following resolution, which was read and agreed to, to-wit:

.A resolution-
Tendering the use of the Hall of the House of Representatives to General Robert Toombs for the purpose addressing the members of the General .Assembly at such time as he may see fit.

TuESDAY, NovE:u:BER 12, 1878.

85

Mr. Davis, of BakPr, moved to suspend the rules for the purpose of introducing a resolution with reference to the transfer of taxfi.fas. by the Comptroller-General.
The motion was adopted, and the following resolution was read and agreed to, to- wit :

A resolution-

Appointing a committee to investigate the wild land s<tles of this State.

Mr. Brintle offered the following resolution, which was not agreed to :

A resolution-
Authorizing the Messenger to appoint an additional page, if he thinks best.
l\fr. Harrison moved to suspend the rules for the purpose of introducing a bill.
The motion was adopted and the rules suspended.
The following bill was read the first time anJ. referred to the Committee on the J ndiciary :
By Mr. Harrison-
A bill to authorize judicial divisions throughout the State to equalize the business and labor of the judges of the several circuits, and to otherwise improve the judicial system of this State.
Leave of absence, for one day, was granted to the Committee on Deaf and Dumb Asylum.
The House adjourned till to-morrow morning at ten o'clock.

86

JOURNAL OF THE HOUSE.

ATLANTA, GEORGIA, Wednesday, November 13, 1878.
The House met pursuant to adjournment and was called to order by the Speaker, and opened with prayer by the Rev. John Jones, D.D.
The roll was called and a quorum found to be present.
Mr. Barksdale, chairn1an of the Committee on Journals, reported the Journal of yesterday read and approved.
The Journal of yesterday was then read and approved.
Mr. Livingston, chairman of the Committee on Agriculture, made the following report:
Mr. Speaker : The Committee on Agriculture have had hefore them
the following bills, to-wit:
A bill "To be entitled an act to amend section 1443 of the Code, relathe to lawful fences-to make them four feet high instead of five," and recommend that the same do not pass.
Also, a bill "To be entitled an act to amend section 4612 of the Criminal Code of Georgia, etc., rP]ative to killing or maiming of cattle or hogs, so as to include sheep and hogs in the maiming uf the sanw," and recommend that the mover be allowed to withdraw the same.
J. F. LIVINGSTON, Chairman.
Mr. Turner, of Brooks, submitted the following report:

WEDNESDAY, NOVEMBER 13, 1878.

87

Mr. Speaker:

The Committee on the Judiciary have had under consideration the following bill, to-wit:

A bill "To be entitled an act to prohibit the sale of intoxicating drinks within two miles of election precincts in this State on elPction days," which they recommend do pass as amPnded.
Also, the following bills, to-wit: A bill "To be entitled an act to amend the Constitution of this State." Also, a bill "To authorize constables to execute Superior Court fl. fas. in certain cases," which they recommend do not pass. Also, the following bill, to-wit: A bill ''To he entitled an act to provide for the regulation of railroad freight and passenger tariffs in this State," etc., which they report back with therecommendation that it be referred to the Committee on Railroads. Also, the following bill, to-wit: A bill ''To be entitled an act to change the manner of giving in wild landR, and to amend section 874 of the Code." which thPy report back with the recommendation that it be referred to the Committee on "'\Vild Lands.
H. G. TuRNER, Chairman.

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

JJ.fr. Speaker:

The Committee on Finance have had under consideration the following hill, which they recommend do pass as amended, to-wit:
A bill to be entitled an act authorizing the issue of

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JOURNAL OF THE HOUSE.

bonds of the State of Georgia for the redemption of certain bonds of the State of Georgia falling due in the next three years, and to raduce the rate of interest on 'the same.
Also, the following bills, which they recommend do not pass, because they are special bills, to-wit:
A bill to be entitled an act to provide for the payment of certain Macon and Brunswick Railroad coupons held by George J. Mills.
Also, a bill to be entitled an act to provide for the payment of certain Macon and Brunswick Railroad Company coupons held by James Hunter.
Also, the following bill, which the introducer thereof desires to withdraw, to-wit:
An act to amend an act to incorporate the Brunswick and Florida Railroad Company, assented to December 22, 1835, and to amend the several acts amendatory or supplementary thereto passed since that date and not heretofore repealed, and to confine the franchise and privileges in the said several acts contained in the persons named in this act.
Also, the following resolution, which they report back without recommendation, as there is nothing therein contained upon which they can act, to-wit:
A resolution to fix the value and provide for the compensation of H. J. G. williams for certain transcripts therein referred to.
N. L. HuTCHINS, Chairman.

Mr. Mynatt, chairman of the Special Committee on Method of Advertising Local Legislation, submitted the following report :

Mr. Speaker:

The Special Committee on Method of Advertising Local Legislation, to whom was referred ''A bill to

'iVEDNESDAY, NOVEMBER 13, 1878.

89

provide for the manner of giving notice of application for the passage of special or local legislation," and the amendments thereto, and the substitutes therefor, report the same back to the House, with the recommendation that they be recommitted and referred to the Committee on the Judiciary, and reqnest that this committee be discharged.
P. L. MYNATT, Chairman.

Leave of absence for a short time was granted to the Committee on Reduction of Judicial Circuits.

Mr. Davison, of Sumter, offered a resolution tendering a seat on the floor of the House to Ron. Phil. Cook, which was agreed to.

The rE>gular order of business, being the call of the roll of counties for the introduction of new matter, was taken up and the following bills were introduced, read the first time and referred to the Committee on the Judiciary :

By l\fr. :Milner-
A bill to authorize foreign corporations to be sued in this State and to provide for service on such foreign corporations, and for other purposes.
Also, a bill to repeal an act entitled an act to repeal sections 1041, 1042, 1043, 1044 and 1045, inclusive, and to re-enact said sections, and for other purposes.
By l\fr. GrayA bill requiring ordinaries or other authorities to establish election precincts in each militia district in the several counties of this State. By Mr. LangA bill to increase the fees of magistrates and constables of this State. By Mr. Russell-

90

JouRNAL oF THE HousE.

A bill to amend section 4692 of the Revised Code of 1873 relating to the trial of joint defendants.
By Mr. TLlrner, of CowetaA bill to carry into effect article 6, section 4, paragraph 6, of the Constitution of Georgia in reference to appeals from onejur.Y to another in the Superior and City Courts of this State, and prescribing the manner in which the same shall be done. By Mr. TatumA bill to amend section 3580 of the Revised Code of 1873, so as to fix and regulate the lien of judgments rendered in the several courts of this State, and for other purposes. Fy Mr. HarrellA bill to exempt regular practicing physicians from road duty. By Mr. TooleA bill to amend section 1711 of the Code of 1873 and to allow plaiiltiffs in divorce suits to take one verdict at the appearance term of the court when no defense is made. By Mr. DuggarA bill to require certain officers herein named to postpone public sales on certain conditions therein mentioned, and for other purposes. By Mr. RankinA bill to be entitled an act to repeal section 3620 of the Code of 1873. By Mr DickinA bill to prohibit appropriations or extra payments to county officers in this State. By Mr. Miller, of HoustonA bill to amend the claim laws in this State. Also, a bill to prescribe the manner of fixing the compensation of jurors and bailiffs in all the counties of this State.

WEDNESDAY, NOVEMBER 13, 1878.

91

By Mr. StrotherA bill to carry into effect paragraph 2, section 7, article 6, of the Constitution, and to amend section 4132 of the Code. Also, a bill to enforce the collection of tax executions issued previous to the year 1876, and if not collected within sixty days. or as soon thereafter as it can be done under the laws after the passage of this act, to declare the same null and void. Also, a bill to carry into effect paragraph 6, section 4, article 4, of the Constitution relative to appeals from jury in the Superior and City Courts to another jury in the same courts.
By Mr. KingA bill to be entitled an act to reorganize the judicial circuits in this State. By Mr. DupreeA bill to be entitled an act to alter and amend section 2573 of Irwin's Revised Code. By Mr. PauliA bill to prohibit persons from holding at the same time of any two of the following offices, to-wit: The offices ofOrdinary, Sheriff, Tax-Collector, Tax-Receiver, Clerk of Superior Court and County Treasurer, and to repeal all laws consolidating any two of these offices, and for other purposes. By Mr. HollisA bill to expedite the trial of criminal cases, and to lessen the expenses of trying the same. By Mr. RoneyA bill to allow parties to file defenses under oath in actions of distress, for rent and for other purposes, and to make the proceedings returnable to the courts having jurisdiction thereof. By Mr. C. W. williams-
A bill to be entitled an act to compensate tales jurors

92

JouRNAL oF THE HousE.

who are summoned to try felonies in the several counties of this State.
By Mr. DavisonA bill to rPquire justices of the peace and judicial notaries to hold their courts at the election precincts of their respective districts.
By Mr. FortA bill to repeal an act entitled an act to amend the usury laws of this State, so far as thPy relate to Banks, and for other purposes, approved February 14, 1873.
By Mr. '\VheelerA bill to consolidate the offices of receiver and taxcollector in the several counties in this State, and to prescribe the duties, qualification and compensation of the same.
By Mr. KimseyA bill to be entitled an act to re-establish the right of appeal from one jury to another in the Superior Courts of this State under the Constitution, article 6, section 4 and -paragraph 6. Also, a bill to alter and amend section 4155 of the Code of Georgia of 1873 as to continuances in Justices' Courts. Also, a bill to alter and amend section 4528 of the Revised Code of Georgia of 1873 so that the same shall not apply to sheriffs and other arresting officers or their posses in the discharge of their official duties.
By Mr. HanksA bill to increase the jurisdiction of justices of the peace in cases against railroad companies arising under the act 20th February, 1854. Also, a bill to regulate the advertising fees of sheriffs, coroners, etc. Also, a bill to add two sections to the Penal Code, and to make it penal to keep, use or employ for the

WEDNESDAY, NOVEl\1BER 13, 1878.

93

purpose of gaming any wheel of fortune, or other wheel. or to bet at the same.
By Mr. Jordan, of WilkesA bill to carry into effect paragraph 6, section 2, article 1, of the Constitution. Also, a bill to carry into effect the provisions of article 6, section 18, paragraphs 2 and 3, in reference to the selection of grand and petit jurors, and fixing their compensation. By l\Ir. ChambersA bill to authorize the granting of writs of ceTtiorari in all appeal trials by juries inJustices' Courts in this State. Also, a bill authori~ing and regulating trial by juries in the Justices' Courts in this State. By Mr. McCurryA bill to allow defendants iu distress warrant proceedings to defend without giving bond and security for the payment of the eventual condemnation money in certain cases.

Mr. Reese offered the following resolution, which was read the first time and referred to the Committee on the Judiciary :
A resolution-
That a committee of five from the House and three from the Senate be appointed to frame a bill to equalize the labors of the Judges of the Superior Courts of this State, and to compel them to alternate.

Mr. Mynatt submitted the following resolution, towit:
A resolutionTo appropriate money to pay John E. Rabb for services rendered in capture of certain escaped convicts.

94

JOURNAL OF THE HousE.

This being a special bill, it required the consent of two-thirds of the members present to its introduction.
The yeas and nays were ralled for with the following result:

Those voting in the affirmative are Messrs.-

Adams, Anderson of Morgan, Anderson of Newton. Anderson of Pulaski, Awtry, Barksdale, Barron, Berry, Bird, Bleckley, Brannon, Buchan, Burch, Butler, Butt, Cannon, Chambers, Chapman, Cox of Troup, Cunningham, Daniel, Davis of Baker, Dickin, Dozier, DuBose, Duggar, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Greene of Madison, Hall, Hammond, Hanks, Harrell,

Harp, Harris, Harrison, Hill, Hogan, Hollis, Howell of Lownde~, Howell of Pickens, Huds01., Hulsey, Humber, Ivey, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kimsey, King, Kirby, Lamb, Lang, Livingston, Mathews, )faund, ::.\IcAfee, McLucas, McRae, ::.\Iilner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Patterson, Paull,

Phillips of Cobb, Phillips of Coffee, Phinizy, Polhill, Pope, Poppell, Redwine, Reese, Riden,
R~berts,
Rogers, Russell, Shannon, Sharman, Sheffield of Early, Sibley, Sikes, Smith of Butts, Smith of Oglethorpe, Smith of "\Yalton, Strother, Tarver, Tate, Thomas, Toole, Turner of Brooks, "\Valters, "\Veehunt, "\Velch, \Vest brook, Wilcox, Williams of Columbia, Williams, C. W. Wilmot, Zellner.

WEDNESDAY, NovEMBER 13, 1818.

'95

Those voting in the negative are Messrs.-

Bennett, Brintle, Crawford, Davis of Houston, Davison, Fort, Fuller, Gammage, Garrard, Grant, Glover,

Hutchins, Irvine, Luffman, McConnell, ::UcCurry, ::\IcDonald,
~IcGouirck,
~Ic \ V h o r t e r , Park, Phillip;; of Carroll, Pike,

Prescott, Puckett, Rankin, Roney, Strickland, Taliaferro, Tatum, Wall, \Vheeler, \Villiams, F. J. Yancey.

Those not voting are Messrs.-

Alston, Bell, Born, Branch, Brantley, Carr, Clegg, Colley, Collins, Cook, Cox of Harris, DeLoach,

Dupree, Ford, Gray, Greene of Baldwin, Henderson, Jamison, Janes, Kendrick, l\:Tiller of Houston, :\Iiller of Liberty, Peacock, Perkins,

Yeas, 109.
Nays, 35.
Not voting, :n.

Phillips of Carroll, Roach, Scruggs, Sims, Sheffield of Miller,: Turner of Coweta, Vick, \Valton, Willingham, \Vilson, Wright,

Two-thirds voting in the affirmative, the resolution was read and referred to the Committee on Finance.

Mr. Riden offered a resolution, which was approved by the Committee on Privileges of the Floor, tendering the privileges of the floor of the House to Hon. H. P. Bell during his stay in the city.
The resolution was agreed to.

96

JoURNAL OF THE HOUSE.

The following resolution was introduced, read the first time and referred to the Committee on Finance :
By Mr. Miller, of HoustonA resolution to instruct the Finance Committee to inve~tigate and inquire what coupons of valid :Macon and Brunswick Railroad bonds are outstanding and unpaid, and why the same have not been paid.

Mr. Miller, of Houston, offered the following privileged resolution, to-wit:
A resolution-
To instruct 1he Committee on Local and Special Bills
/ to report to this House, in a detailed manner, what
are local and special bills within the meaning of the Constitution.
To which l\Ir. Hall offered the following as an amendment, to-wit:
That all local or special bills shall be submitted to the Committee on Local and Special Bills without being read by the House ; and to prevent the reading of such special or local bills, except by the vote of twothirds of the members of the House.
Mr. Harrison offered the following as a substitute for the whole, to-wit :
"That the House be required to determine when a bill is introduced, by the reading of the caption, whether the bill is of a local or special, or of a general character, and that such as are held to be local or special in their nature be referred without being read.''
The substitute of Mr. Hal'rison was lost. The amendment of Mr. Hall was then adopted, and the original resolution, as amended, was agreed to.

The following bills were introduced, read the first time and referred to the Committee on Corporations :

vVEDNESDAY, NoVEl\1BER 13, 1878.

97

By 1\fr. LangA bill to require the several railroad companies of this State to erect suitable platforms for the convenience and safety of passengers. Also, a bill to compel the railroad companies of this State to keep an agent at each and every station, and for other purposes.
The following bill was introd need, read the first tim A and referred to the Committee on Counties and County Lines:
By 1\fr. Howell, of LowndesA bill prescribing the manner in which county lines may be changed.
By 1\fr. ChapmanA bill to carry into effect paragraph 3, section 1, article 11, of the Constitution of this State.
By Mr. IveyA bill to carry into effect paragragh 3, section 1, article 11, of the Constitution, in relation to the manner 'in which county lines may be changed.
The following bills were introduced, read the first time and referred to the Committee on Finance:
By 1\fr. HutchinsA bill to be entitled an act making appropriations for the Executive, Leg-islative and J uc1icial expenses of the government, and for other purposes herein mentioned, per annum for the years 1879 and 1880.

By Mr. Paine-
A bill to prevent any coroner in the State of Georgia receiving as fees, either for holding inquests or for
the burying of dead bodies, a sum per annum of more 7

98

JoUI{NAL OJ:<' THE Hou~m.

than fifteen hundred dollars out of the county treasury.

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

By Mr. Lang-
A bill to alter and amend section 28 of the school law of August 22, 1872, and to carry into effect, as to the past, the concluding words of that section as construed by the State School Commissioner.

The following bill was introduced, read the first time and referred to the Committee on Internal Improvements:

By Mr. Bird-
A bill to prevent th2 obstruction of water-courses in this State, and to keep open the same for the passage of timber.

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

By Mr. Humber-
A bill to amend an act entitled an act to amend an act, approved February 25, 187G, authorizing the lease of the penitentiary convicts for twenty years, approved 28th February, 1877, so far as the same relates to the appointment of a physician.

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

By Mr. Garrard-
A billto prevent unjust discrimination against citizens of this State in matters of freight and passage by railroad companies, and to affix penalties for the same.

"\VEDNESDAY, NovEMBER 13, 1878.

99

The following bills were introductd, read the first time and referred to the Committee on Agriculture :

By Mr. LuffmanA bill to abolish the State Board of Health. Also, a bill to abolish the office of State Geologist.

The following hill was introduced, read the first time and referred to the Committee on Wild Lands:

By Mr. IveyA bill to regulate the return of wild lands in this State for taxation and the sale thereof.

The following bill was introduced, read the first time and referred to the Committee on Military Affairs:

By Mr. Davis, of HoustonA bill to require the Superior Court Judges at the fall te1m, 1870, of the Superior Courts to appoint for each county a memorial committee, whose duty it shall be to compel a roster of each military company organized in their respective counties between January 19, 1861, and April 26, 186fi, and to provide for the record thereof, and for other purposes.

Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the f0llowing :

Mr. Speaker:
The Committee on the Judiciary have instructed me as their chairrunn to report the following resolution, to. wit:
Resolved, That the Committee on the Judiciary be authorized to employ a clerk.
H. G. Tt::mom, Chairman.

The report was read and agreed to.

100

JOURNAL OF THE HoUSE.

Mr. Smith, of Oglethorpe, offered the following resolution, which was read th8 first time and referred to the Committee on Finance :

A resolution-

Requiring the Commissioner of Agriculture to furnish this House with a full: complete and itemized statement of all moneys or other things of value received and paid out by him since the organization of the Department of Agriculture, on account of said Department, to the present time.

Mr. Awtry, of Troup, offe1ed the following resolution, which was read the first time and referred to the Committee on Special and Local Bills :

A resolution-

That bills proposing to pay claims due by the State shall not be considered as special or local bills, or so treated by the House.

Leave of absence was granted to Mr. Collins on account of sickness, and to Mr. Gray on account of sickness in his family.

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

ATLANTA, GEORGIA,
'l'hursday, November 14, 1878.
The House met pursuant to adjournment, and was called to order by the Speaker, and opened with prayer by Rev. John Jones, D.D., Chaplain.

THURSDAY, NOVEMBER 14, 1878.

101

On ::notion, the calling of the roll was dispensed with.

Mr. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and approved.

The Journal of yesterday was then read and approved.

Mr. Livingston moved to reconsider so much of the Journal of yesterday as relates to action of the House in referring the following bill to the Committee on the Judiciary, to-wit:

A bill to reorganize the judicial circuits of this State.

The motion prevailed and the bill was then recommitted to the Committee of the whole House.

Leave of absence was granted to the Committee on the Indorsement of the Northeastern Railroad Bonds and to the Committee on \Vild Lands.

Mr. Turner, chairman of the Judiciary Committee, made the following report:

Mr. Speaker :
The Committee on the Judiciary, having considered the following bills, recommend that the same do not pass, to-wit:
A bill ''To be entitled an act to regulate the practice in claim cases in this State."
Also, a bill "To be entitled au act to alter and amend section 4308 of the Code in relation to accessories after the fact.''
Also, a bill ''To be entitled an act to amend section 4068 of the Code.''

102

JOURNAL OF THE HoUSE.

They have also considered the following bill, which they recommend be referred to the Committee on Military Affairs, to-wit:

A bill "To be entitled an act for supplying the soldiP.rs who have lost a limb or limbs in the military service of the Confederate States with a substantial limb or limbs during life, and to carry into effect paragraph 1, section 1 of article 7, of the Constitution of Georgia in reference to the same."

The following bills were read by their titles and re committed, as follows:

A bill to carry into effect paragraph 16, section 7, article 3, of the Constitution of this State by prescribing the manner of giving and publishing notice of an intention to apply fer local or special bills.

Referred to the Committee on Local and Special Bills.
A bill to change the manner of gidng in wild lands and amending section 874 of the Code.
Referred to the Committee on Wild Lands.
A bill to amend section 7 of an act, approved August 26, 1872, in relation to fences and stock, and known as section 1455 of the Code.
Referred to the Committee on Agriculture.
A bill to provide for the regulation of railroad freight and passenger tariff.-; in this State, etc.
Rl:'ferred to the Committee on Railroads.
A bill to provide for the payment of certain Macon and Brnnswi,k R:.~ilroad conpons held by George J. Mills.
Referred to the Committee on Local and Special Bills.

THURSDAY, NOVE::IIBER 14, 1818.

103

Theiollowing bills were. by permission of the House, withdrawn:

A bill to amend the act incorporating the Brunswick and Florida Rai.lroad Company, assent('d to December 22, 1835.
Also, a bill to amend the Constitution of this State. Also, a bill to authorize constables to execute Supel'ior Courtji.fas. in certain cases. Also, a bill to amend section 1443 of the Code relative to lawful fences.
Also, a bill to amend section 4612 of t.he Criminal Code relative to killing or maiming of cattle.

The following bills were read the second time:

A bill to prohibit the sale of intoxicating drinks within two miles of election 11recincts in this State.
Also, a bill to reorganize the judicial circuits of this State.
Also, a bill to authorize the issue of bonds of the State of Georgia for the redemption of certain bonds of this State falling due in the next three years, and to reduce the rate of interest on the same.

'rhe following bill was read the second time and recommitted to the Committee on Local and Special Bills, to-wit:

A bill to provide for the payment of certain Macon and Brunswick Railroad Company coupons held by James Hunter.

The following bill was read the second time and recommitted to the Committee on Military Affairs:

A bill to supply soldiers who have lost a limb or limbs in the military service of the Confederate States

104

JouRNAL OF THE HousE.

with a substantial limb or limbs dming life, and to carry into effect paragraph 1, section 1, article 7, of the Constitution in reference to the same.

The following bills were reported upon adversely by the Committee on the J ndiciary :

The reports were agreed to and the bills were lost, to-wit:

A bill to regulate the practice in claim cases in this State.
Also, a bill to alter and amend section 4308 of the Code in relation to accessories after the fact.
Also, a bill to amend section 4068 of the Code.

The joint committee, appointed to ascertain andreport what officers are to be elected by the General Assembly, submitted the following report:

Mr. Speaker:
We, the undersigned, members of a joint committee appointed to ascertain and report "what officers are to be elected by the present General Assembly," beg leave to make the following report:

In our opinion, Judges of the Superior Court are required by the Constitution to be elected for the following circuits-to-wit: Augusta Circuit, Brunswick Circuit, Pataula Circuit, Flint Circuit, Ocmulgee Circuit, Middle Circuit, Southern Circuit, vVestern Circuit, Rome Circuit and Macon Circuit-their terms beginning on the first day of January next.
"VVe are also of the opinion that a vacancy exists in the Macon Circuit for the remainder of the term of the 1ate Judge Hill ; also, a vacancy in the Atlanta Circuit for the remainder of the term of the late Judge Peeples; also, a vacancy in the Southwestern Circuit for there-

THURSDAY, NOVEMBER 14, 1878.

105

mainder of the term of the late Judge Clark, for all

which vacancies elections are to be held.

\Ve are also of the opinion that an election is re-

quired for a Solicitor-General of the Oconee Circuit for a full term commencing January 1, 1880, and also an election for a Solicitor-General of the Ocmulgce

Circuit to fill the unexpired term of J. \V. Preston,

resigned.

w. T.

GRBIES,

Of the Senate.

J. H. PoLHILL,

H. G. TURNER,
c. G. JANES,

Of the House.

Also, the following minority report, to-wit:

We, the undersigned, of a joint committee appointed to ascertain from the records what officers are to be elected at the present session of the General Assembly, beg leave to make the following minority report:

Judges of the Superior Courts for the following circircuits are to be elected, to-wit: Augusta Circuit, Brunswick Circuit, Flint Circuit, Pataula Circuit, Ocmulgee Circuit, Middle Circuit, Southern Circuit, Western Circuit, Rome Circuit, Macon Circuit.
The records show that the Judges of the first nine circuits above mentioned now have the oldest commissions. In the case of the Macon Circuit, Judge Grice was appointed October the 3d, 1877, to fill a vacancy after the adjournment of the convention and could not
have been the incumbent referred to in the first part of the paragraph, section 3, article 6, of the Constitution. There being, therefore, a vacancy in this circuit it is inclndeJ. as one of the ten, "or half as ne::~.r as may be," for which an election is to be held. Judge

106

Jnun.NAL oF THE HousE.

Crisp, of the Southwestern, and J uclge Hillyer, of the Fulton Circuit, also fill vacancies elated June 26 and J nne 4, 1877. They were in office at and before the Convention, and seem to have been recognized and confirmed as Judges under the words ''present incumbents" and other provisions of the Constitution.
In addition to the foregoing, there are also two Solicitors-General to be elected-one for the Ocmnlgee Circuit and one for the Oconee Circuit.
JOliN A. SPEER, Of the Senate.

'rhe following resolution was introduced by Mr. Sheffield, of Miller, and read the first time:

A Resolution-
To fix Monday, the 18th instant, as the clay for the election of J uclges and Solicitors-General.
The Committee on Privileges of the Eloor reported in favor of tendering the privileges of the floor to the
Ron. G. w. Adams and to the Ron. William Phillips.
The report was agreed to, and the gentlemen named invited to seats on the floor.
On motion of Mr. King, the House went into Committee of the \Vhole House for the purpose of considering the following bill, to-wit:

A bill to reorganize the judicial circuits of this State.
The committee rose and reported progress and asked leave to sit again.
The following message was received from his Excel-

(

THURSDAY, NOVEJifBER 14, 1878.

107

lency the Governor, through Mr. Avery, his Secretary, to-wit:

JYir. Speaker:

I am directed by his Excellency the Governor to deliver to the House a communication in writing, with accompanying document:

EXECUTIVE DEPARTJIIENT, ATLANTA, GA., November 14, 1818.

To the House of Representatives :

In response to a resolution of your honorable body

requesting me to furnish the House such correspond-

ence, papers and deeds as may be of file in the Exec-

utive Department made by the city of Atlanta referring

to the location and building of a capitol in the city of

Atlanta, I have the honor to ::mbmit the accompanying

document.

ALFRED H. CoLQUITT.

CITY CLERK's OFFICE, ATLANTA, September 19, 1877.

At a called meeting of the Mayor and Council of the city of Atlanta, the following resolution was unanimously adopted, and the same was unanimously concurred in by the Aldermanic Board, namely:
vVmmEAS, The enemies of Atlanta are representing that Atlanta's proposition to the Convention was not made in good faith; and,
WHEREAS, It was made in the utmost good faith: Resolved, That we do hereby repeat the same, and now declare that if Atlanta is selected as the Capital of the Rtate by the people in December next, the city of Atlanta will convey to the State of Georgia any

108

JOURNAL OF THE HOUSE.

ten acres of land in or near the city of Atlanta now

unoccupied, or the square in the heart of said city,

known as the City Hall Lot, containing five acres of

land and bounded by a street on every side, on which

to locate and build a capitol for the State.

Resolved further, That the city of Atlanta will build

for the State of Georgia, on the location selected, a

capitol building as good as the old capitol building in

Milledgeville.

Resolvedfurther, That a copy of this action, signed

by the Mayor and certifien to by the Clerk of Council,

under the seal of his office, shall be deposited with the

Governor of this State, and be published for the infor-

mation of the people.

[Signed]

N. L. ANGIER, Mayor.

I certify that the above is a true and correct copy

from the Minutes of the Mayor and Council of the city

of Atlanta, Georgia.

[Signed]

FRANK T. RYAN,

City Clerk.

{SEAL. }

~

The following resolution was offered by Mr. Jordan, of Wilkes, to-wit:

A resolution-
That all announcements of the time and place of meeting of committees be made just previous to the adjournment of the House.
The resolution was agreed to.

Leave of absence was granted to Mr. Tarver to attend courts; to Mr. Peacock on account of pressing business.

FRIDAY, NovE~IBER 15, 1878.

109

The House then adjourned till to-morrow at ten o'clock A. M.

ATIJANTA, GEORGIA,
Friday, November 15, 1878.
The House met pursuant to adjournment, and was called to order by the Speaker, and opened with prayer by the Chaplain.
The calling of the roll was dispensed with.
Mr. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was read, the document accompanying the Governor's message was ordered inserted, and the Journal approved.
Mr. Hanks moved to reconsider so much of the Journal of yesterday as relates to the action of the Honse upon a bill "to alter and amend section 4308 of the Code, so far as the same relates to accessories after the fact.''
The motion to reconsider prevailed, and the bill was, on motion, recommitted to the Committee on the Judiciary.
The message of the Governor and the accompanying document was, on motion of Mr. Yancey, referred to the Special Committee on the Capitol.
On motion of :Mr. Mc,Vhorter, the regular order was suspended, and the House went into Committee of the

110

JOURNAL OF 'l'll.l!l HousE.

"Whole House, for th~ purpose of considering the bill to reorganize the judicial circuits of this State.

The Committee of the "Whole House reported the bill back, with the recommendation that it do pass without amendment.

Mr. Alston moved that the rules be suspended for the purpose of reading the bill the third time.
Three-fourths not voting in the affirmative, the motion was lost.

The regular order-the call of the roll of r.ounties for the introduction of new matter-was then taken up.

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

Mr. Speaker :
The Committee on Finance have had under their consideration the following bill, which a majority of them instruct me, as chairman, to report to the House with recommt:mdation that it do pass as amended, towit:

A bill to be entitled an act to confer additional powers upon the tax-collectors of this State, and to make said tax-collectors ex-officio sheriffs in certain cases, and for other purposes.
The committee have also bad under their considera tion the following resolutions, which they recommend be adopted, to-wit :
A resolution instructing the Committee on Finance to investigate and report what coupons (if any) of the Macon and Brunswick Railroad bonds are outstanding and unpaid, etc.

FRIDAY, NOVEMBER 15, 1878.

111

Also, a resolution requiring the Commissioner of Agriculture to furnish a statement of moneys, etc., received and paid out for and on account of the Department of Agriculture since its organization to the present time.
N. L. H UTCIIINS, Chairman.

Mr. Mynatt, chairman of the Committee on Corporations submitted the following report:
/
Mr. Speaker:

The Committee on Corporatior1s have had under consideration the following bills, to-wit:

A bill to be entitled an act to require the several railroad companies in this State to erect suitable platforms for the convenience and safety of passengers.
Also, a bill to be entitled an act to compel the railroad companies of this State to keep an agent at each and every station, and for other purposes.
\-Vhich bills they report back to the House with the recommendation that they be referred to the Committee on Railroads.
P. L. MYNATT, Chairman.

Mr. Hammond, chairman of the Committee on Local and Special Bills, submitted the following report:

Mr. Speaker:
The Committee on Local and Special Bills, in compliance with the resolution of the House, instructing them "to examine and define what bills constitute local or special bills within the meaning of the Constitution, with a detailed classification of the same, as far as they may deem practicable, and report to this House as soon as convenient," have given the matter thus entrusted to them such careful consideration as

112

JOURNAL OF THE H

its importance seemed to demand, and the necessity of speedy action would permit, and ask leave to report as follows:

The difficulties growing out of the vagueness of the definitions given by text-writers of the terms "local" and "special," when applied to legislative acts, are in nowise diminished by the varied meanir.gs allowed them when receiving judicial interpretation in the construction and application of statutes; and, while the committee by no means insist on the scientific accuracy of the definitions and illustrations suggested, yet it is h0ped that these will serve in some measure to facilitate the dispatch of businiss by enabling members to to determine at once, and with sufficient certainty, the character of any proposed ltgislation.
Your committee are of the opinion that the terms "local" and "special" were employed in the two paragraphs of the Constitution embraced in their inquiry as being of almost identical import-a conclusion that seems warranted not only by the words connected with them, but by the manifest inconvenience that would arise from allowing to the latter word its proper distinctive signification. In this view, any separate definition of the words would hardly seem to be necessary ; still the committee have deemed it proper, to the end that the intent of their instructions may be fully met, to suggest what seems to them a fair definition of each.
The term local, as applied to bills, would include such as relate to the people residing in a particular locality or county, or in a limited number of counties, and which are meant to be operative only in a particular place or county, or in a limited number of counties, as distinguished from the remaining counties of the State, and are in their nature opposed to such as are

FRIDA.y' NOYEliBER H.>, 1878.

113

intended to have a general operation throughout the State.
To this clau beloiJgBills to prohibit the exercise of aiJy particular trade, or traffic, in given localities, particular militia district& or counties, which is not prohibited by general la.w. Bills for licensing any given trade or traffic, or for regulatiiJg in a manner other tha.n the generalla.w pre scribes, any traffic or occupation, and which apply only to particular localities or counties. BUls for establishing, in certain militia districts, counties. towns. or cities, courts, other than those provided by general law, and having special jurisdiction, limited in ita exercise to particular objects, and to the locality in which the court exists. Bills to authorize the appointment, prescribe the duties, or fix the fees of officers of the court& of, or in, pa.rticular counties, militia districts. or corporations, in any other manner than the general law provides. Bills to alter, or define the corpora.te limits of cities,
towns, or vill.agea, or to enlarge or limit the charter of
particular municipal corporations. BUls for conferring special privileges upon, or allow-
ing certain benefits, or exemption&, not a.llowed by or enjoyed in a certain locality, or county, or in particular counties.
Bills for changing the loca.tion of county sites. Bills providing for the appointment of Commissioners of Roads and Revenue, or other county officers, in particular counties, aDd whose appointment is not provided for by generallaw.
Bills declaring prohibitions, or prescribing penalties, to be observed or inflicted in particular localities, militia districts, or counties, different from such as a.re prescribed by general law.
8

114

JouRNAL OF THE HousE.

Bills to charter banks, other than banks of issue.
Bills which seek to alter, amend or repeal such acts as, from their intent and operation, fall within the definition above given, of local acts or bills.
The term "::-; pecial," as applied to bills, seems properly to mean such private bills as are intended to confer special rights, privileges or exemptions on a private individual, or on a limited number of private individuals, or on a particular class of persons, to the exclusion of others; and which, in their operation, concern only the rights or interests of a private individual, or of a certain number, or a special class, of individuals, as distinguished from the whole body of general law, to a particular individual, or to a given number of individuals, and which are to be exercised the people; and such bills are "special/' as opposed to those intended to have a general and public operation. This force and meaning should, it seems, be allowed it in the paragraphs referred to, when applied to bills not properly and purely local.
Such are bills to exempt any particular person, or class of persons, from the performance of public duties required by general law of the whole body of the people.
Bills to enable particular minors to bind themselves by contract, or to exercise trades or professions, or to do other things which, by general law~ they are not permitted to do, and other bills of like character.
Believing that, in their application, the terms "local" and "special" were intended to have very much the same force-being used by the framers of the Constitution with little reference to the technical il.ifferencein their meaning, and that by reason of constitutional inhibition-the subjects, and or.casions for special legislation, will be very few, your committee deem it

FRIDAY, NovENBEI{. 15, 1878.

115

unnecessary to attempt any further enumeration of this class of bills.
vV. M. HA)G\IOND, Chairman.

Mr. Turner, of Brooks, 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, which they recom mend do pass with the amendments proposed by the committee, to.wit:
A bill to be entitled an act to provide for the punishment of slander in this State.
The committee have also had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to abolish the distinction between principals in the first and second degree in crime, and for other purposes.
Also, a bill to compel the several Judges of the Superior Courts of this State to go through with the business of their respective circuits, or cause the same to be done, at least twice a year, and in default to forfeit salary.
Also, a bill to amend section 2495 of the Revised Code, !'elating to appointing administrators on estates not represented, and not likely to be represented.
Respectfully submitted. H. G. TURNER, Chairman.

Mr. Nisbet moved that 200 copies of the report of the Committee on Local and Special Bills, defining what are local and special bills, be printed for the use of the House, which motion prevailed.

116

JouRNAL oF 'l'HE HousE.

Mr. Hammond, chairman of the Committee on Local and Special Bills, submitted the following report:

Hr. Speaker:

The Committee on Local and Special Bills beg to re-

port back the follO\\Ting bill with the request that it be

referred at once to the committee on the Judiciary, to-

wit:



A bill to be entitled an act to carry into effect paragraph 16, section 7, article 3, of the Constitution.
Respectfully su}Jmitted. "\V. l\1. HAmroND, Chairman.

1\fr. Northern, chairman of the Committee on Education, made the following report :

Mr. Speaker:
The Committee on Education have had before them the following bills, which they recommend do pass, to-wit:
A bill to be entitled an act to alter and amend section 28, of the school law of August 22, 1872, and to carry into effect, as to the past, the concluding words of that section, as construed by the State School Commissioner.
Also, a bill to be entitled an act to amend section 24 of an act establishing a public school system for this State, approved August 25, 1873.
W. J. NORTHERN, Chairman.

Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted a request from the said ~ommittee that Mr. Harrison, Mr. Walters and Mr. Roney be added thereto.
The request was granted by the House, and the gen tlemen named added to the committee.

FRIDAY, NoYEllfBER 15, 1878.

117

The following bills were introduced, read the first time and referred to the Committee on the Judiciary:
By Mr. MaundA bill to prevent the firing of woods in this State.
By Mr. HallA bill to be entitled an act to repeal section 4323 of the Revised Code or 1873 to prescribe the punishment for persons convicted of murder, and for other purposes. By Mr. 'VrightA bill to fix the time for election of Judges of the Supreme and Superior Courts and of Solicitors-General, required to be elected by the General Assembly of this State. Also, a bill to carry into effect paragraph 2, section J, of article 2, of the Constitution of this State. By Mr. Miller, of LibertyA bill to amend section 610 of the Revised Code of 1873, with reference to the class of persons required to perform road duty in this State. By Mr. DanielA bill to suspend th2 judgment of Justices of the Peace and other inferior judicatories in cases of certiorari. By Mr. Miller, of HoustonA bill to carry into effect section 9 of the 7th article of the Constitution of Georgia. Also, a bill to carry into effect section 5 of article 2 of the Constitution of this State. By Mr. Cox, of HarrisA bill to confer upon .Justices of the Peace and Notaries Public, who are ex-officio .Justices of the Peace, for each county in this State, the right to try cases of petit larceny.

The following bills were read by their titles and re-

118

JOURNAL OF THE HousE.

ferred to the Committee on Local and Special Bills, towit:

By Mr. HanksA bill to reimburse and pay county school commissioners of "Whitfield county for services rendered in the year 1871. Also, a bill to repeal an act approved February 27, 1877, in relation to game in the county of whitfield.

The following bill was introduced, read the first time and referred to the Committee on Wild Lands:
By Mr. MaundA bill to be entitled an act to redeem lands sold under taxfi.fas., etc.

The following bill was introduced, read the first time and referred to the Special Committee on th8 Macon and Brunswick Railroad :
By Mr. MitchellA bill to lease the Macon and Brunswick Railroad, etc.

The following bill was introduced, read the first time and referred to the Committee on Railroads :
ByMr. WrightA bill to authorize the sale by common carriers of all goods unclaimed and the deposit in bank of the net proceeds of the sale to await the claim of the owners, and for other purposes.

The following bill was introduced. read the first time and referred to the Committee on Agriculture :
By Mr. Anderson, of PulaskiA bill to provide for the protection of commercial fertilizers from exposure to rain while in the hands of common carriers.

FRIDAY, NoVE11tBER 15, 1878.

119

The following bill was introduced, read the first time and referred to the Committee on Privileges and Elections:
By Mr. ZellnerA bill to amend section 1288 of the Code of 1873, relating to the payment of managers of elections.

The following bills were introduced~ read the first time and referred to the Committee on Finance:
By Mr. CarrA bill to regulate and provide compensation fer jurors on inquests in this State. By Mr. Davis, of HoustonA bill to provide for the more just and equitable and economical compensation of tax receivers and of tax collectors of this State.

On motion of Mr. Parks, of Greene, the use of the Hall of the Honse of Representatives was tendered to Ron. \V. H. Felton to address the people to-night.

The following bill was, on motion of Mr. Hammond, recommitted to the Committee on the Judiciary :
A bill to carry into effect paragraph 16, section 7, of article 3, of the Constitution, prescribing the mode of giving notice of intention to apply for a local or special bill.

Mr. Livingston offered the following resolution, which was read and agreed to, to-wit:
A resolution-

To print three hundred copies of the bill to reorganize the Judicial Circuits of this State.

Mr. Davis, of Baker, and Mr. Born, of Gwinnett, were granted leave of absence on account of sickness;

120

JOURNAL OF THE HOUSE.

Mr. Wilmot was granted leave of absence from Saturday at 12 o'clock noon, till Monday at 12 o'clock noon.

Mr. Park, of Greene, was granted leave of absence for two days on account of business.
The House adjourned till tl)morrow morning at ten o'clock.

ATLANTA, GEORGIA,
Saturday, November 16, 1878.
The Honse met pursuant to adjoumment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll call was, on motion, dispensed with.
Mr. Harrell, from the Committee on ,Journals, reported the Journal of yesterday examined and approved.
The Journal of yesterday was then read and approved.
Mr. Clegg, member-elect from Lee county, presented himself and was sworn in by the Speaker.
Mr. Miller, of Houston, offered the following resolution, which was agreed to:
A. resolution-
That the Committees on Rules of the House and of the Senate do meet and report rules for the government of the two Houses when in joint session.

SATURDAY, NovEllfBER Hi, 1878.

121

The following bill was read by its caption and referred to the Committee on Local and Special Bills, to-wit:

By Mr. vVeehuntA bill to authorize the payment of certain commissions to \V. J. T. Hutchinson, tax-receiver and collector of Lumpkin county~ for collecting State tax in said county for the years 1877 and 1878.

Mr. Turner, of Brooks, 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, which they have directed me to report back to the House with the recommendation that the same do not pass :

A bill to amend section fourteen hundred and sevt=>n (1407) of the Revised Code so as to authorize physicians in practice under legal diplomas or license to open and keep drug or apothecary stores without license.
Also, a bill to suspend the issuing of executions from judgments rendered in the Justices' Courts of this State in certain cases.
Also, a bill to amend the Constitution of this State. Also, a bill to prevent the consolidation of the office of sheriff and tax-receiver in any county of this State.

And the committee have also had under consideration the following bill, which they recommend do pass with the amendment proposed by the Committee :

A bill to define the rights of parties under the plea of recoupment.

122

JOURNAL OF THE HOUSE.

And the committee have also had under consideration the following Senate bill, which they recommend do pass with the amendments proposed by the committee:

A bill to prescribe the manner of giving notice of an intention to apply to the Legislature for the passage of local and special bills.
Respectfully submitted. H. G. TuRNER, Chairman.

The following bills were introduced, read the first time and referred to the Committee on Finance :

By Mr. HudsonA bilJ:to fix the pay of ordinaries of this State for making out commissions of lunacy. By Mr. HutchinsA bill to levy and collect a tax for the support of the State Government, and for other purposes herein mentioned, for the years 1870 and 1880. By Mr. HulseyA bill to amend an act to regulate the practice of dentistry, and to protect the people against empiricism in relation thereto in the State of Georgia, approved August 24, 1872. By Mr. DeLoachA bill to regulate the sale~of intoxicating liquors in this State, to prescribe the rate of license of the same, to define intoxicating liquors, and for other purposes. By Mr. KirbyA bill to reduce and regulate the fees of tax-receivers and tax-collectors in this State. By Mr. AwtreyA bill to provide for licensing liquor dealers, and to impose a tax on the sale of wine, spirituous liquors and malt liquors, to prescribe the mode of collecting

SATURDAY, NoVEMBER 16, 1878.

123

the said tax and to appropriate the proceeds to the support of the common schools.

The following bill was read the first time anu referred to the Committee on 'Vild Lands :

By Mr. RedwineA bill to regulate the manner of giving in' wild lands for taxation and the sale and redemption thereof, and for other purposes.

The following bill was, by the consent of two-thirds of the members present, introduced, read the first time and referred to the Committee on the Judiciary :

By Mr. BellTo provide for a Board of Commissioners of Roads and Revenues for the county of Emanuel.

Mr. Reese offered a resolution, approved by the Committee on Privileges of the Floor, tendering a seat on the floor to Hon. "\Y. H. Felton during his stay in the city.

The resolution was agreed to.

Mr. Kimsey offered a resolution tendering a seat on the floor to Ron. "\V. P. Price.

The resolution was approved by the Committee on Privileges and Elections and agreed to by the House.

Mr. Livingston, chairman of the Committee on Agriculture, submitted the f..>llowing report, to-wit:

Mr. Speaker:
The Committee on Agriculture have had under con- , sideration the following bill, which they recommend do pass, to-wit:

124

JouRNAL OF THE HousE.

A bill to be entitled an act to abolish the State Board of Health.

The Committee have also had under consideration the following bills, which they recommend do not pass, to-wit:

A bill to be entitled an act to amend section 7 of an act, approved August 26, 1872, entitled an act relating to fences and stock, and for the protection of the same, the said above-recited section being section 1455 of the Revised Code by Irwin, Lester and Hill.
Also, a bill to be entitled an act to abolish the office of State Geologist.
Respectfully submitted. L. F. LIYINGS'l'ON, Chairman.

On motion of Mr. Miller, of Houston, the resolution in reference to the preparation of Rules for the government of the two Houf'es, in joint session, was ordered at once to be transmitted to the Senate.

The following bills were introduced, read the first time and referred to the Committee on the Judiciary :
By Mr. "\VelchA bHl to alter and amend section 1397 Qf the Code of 1870 in relation to the practice of medicine. Also, a bill to change section 610 of the Code of 1873 by striking out 50 and inserting 45. By Mr. MynattA bill to repeal section 3739 of the node of 1873, and to provide that the burden of proof in the trial of claim cases shall lie upon the claimante. By Mr. ReeseA bill to amend sections 3672 and 372'3 of the Revised Code of Georgia in relation to replevy bonds in claim_and illegality cases.

SATURDAY, NOVEMBER 16, 1878.

125

By Mr. TooleA bill to amend section 3648 of the Code of 1873, and to compel constables and bailiffs to sell only on the regular monthly court days. By Mr. SimmsA bill to prescribe the manner in which court-houses, jails, bridges and other public works shall be erected, built or repaired, and for other purposes. By Mr. Turner, of CowetaA bill to prevent guardians from encroachments upon the corpus of the estates of their wards. By Mr. PuckettA bill to amend section 46G2 of the Code of 1813, which provides that the execution of sentence of death by hanging shall be private. By Mr. YanceyA bill to legalize the notarial acts of notaries public performed since the expiration of their commissions or appointments. By Mr. HarpA bill to be entitled an act for the relief of disabled soldiers. By Mr. AdamsA bill to authorize sheriffs and deputy sheriffs to serve all civil processes issued by justices of the peace. By Mr. GrayA bill to regulate tbe manner of advertising sheriffs' sales of personal property of certain value, and for other purposes. Also, a bill to amend section 4370 of the Code of Georgia defining the offense of shooting at another, and prescribing a penalty therefor.
By Mr. Phillips, of CarrollA bill to amend section 610 of the Code of 1873 in relation to the road laws of this State~ and for other purposes.

126

JouRNAL oF THE HousE.

By Mr. Smith, of ButtsA bill to make the act of house-burning a capital offense in this State, and for other purposes. By Mr. HarrisA bill to repeal section 4411 of the Code of 1873 in relation to the offense of larceny from the house.

The following bills were introduced, read the first time and referred to the Committee on .Agriculture :
By Mr. .AlstonA bill to impose a tax on dogs and to appropriate the proceeds to the support of common schools. By Mr. Anderson, of PulaskiA bill to amend section 4379 of the Code of 1873 in relation to burning out- houses by specifying ginhouses in said section and increasing the penalty prescribed in said section.

The following bills were read by their titles and referred to the Committee on Local and Special Bills :
By Mr. RobertsA bill to create a criminal court for the county of Cobb, to try all criminal cases under a felony, and for other purposes.
By Mr. IrvineA bill to pay John W. Cain, Jr., and others for services rendered in arresting Augustus Johnson. By Mr. Greene, of BaldwinA bill to amend the charter of the city of Milledgeville, and to authorize a sale of city commons.

The following bill was introduced, read the first time and referred to the Committee on Railroads :
By Mr. RobertsA bill to compel railroads to fence the railroads against stock, and for other purposes

SATURDAY, NOVEMBER 16, 1878.

127

The following message:was received from the Senate through its Secretary, Mr. vV. A. Harris:

Mr. Speaker:
The Senate has adopted the following resolutions and asks the concurrence of the House therein :

A resolution providing that the Senate and House meet in joint session on 'Vednesday, 20th instant, to elect certain Judges of the Superior Court, specified in said resolution.
Also, a resolution that when the General Assembly shall have finished the election of the Judges they shall proceed to the election of Solicitors-General, specified in said resolution.

The Senate has also concurred in the House resolution providing for framing of joint rules, and the Senate has appointed as such committee, on the part of the Senate, Senators Lumpkin, Howell and Cumming.

Mr. Awtry offered the following resolution, which was read and agreed to :

A resolution--
Tendering the use of the hall of the House of Representatives to Ron. G. J. Orr, State School Commissioner, for the purpose of delivering an address on Monday evening, the 18th instant.

The following bill was introduced, read the first time and referred to the Committee on Counties and County Lines:

By Mr. CarrA bill to provide for the changing of county lines in this State in terms of article 11, section 1, paragraph 3, of the Constitution.

128

JOURNAL OF THE HOUSE.

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

Jrir. SpeakeT :
The Committee on Finance have had under their consideration the following bill, which they instruct me, as chairman, to return to the House, with the recommendation tbat it do pass, to-wit:

A bill to be entitled an act to prevent any coroner in the State of Georgia receiving as fees, either for holding inquests or for burying the dead bodies, a sum per annum of more than fifteen hundred dollars out of the county treasury.

The committee have also had under their consideration the following bills, which they recommend do not pass, to-wit:

A bill to be entitled an act to amend an act entitled

an act 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, approved February 21, 1877.

Also, a bill to be entitled an act to provide for the

redemption of real estate by defaulters in execution.

Respectfully submitted.



N. L. HuTCHINS, Chairman.

The following bills were called up and, on motion, of Mr. Turner, of Brooks, recommitted to the Committee on Railroads:
A bill to require railroads to erect suitable platforms for the convenience and safety of passengers.
Also, a bill to compel railroads to keep an agent at each and every station, and for other purposes.

SATURDAY, NOVEMBER 16, 1878.

129

Mr. McCurry offered the following resolution, which was read and laid on the table :

A resolution-

Instructing the joint committee on the question of an early adjournment to report as early as possible.

Mr. Paull, chairman of the Committee on the Lunatic Asylum, begs leave to submit the following report:

Mr. Speaker:

The Committee on the Lunatic Asylum have had under consideration the following bill, to-wit:

A bill to be entitled an act to increase and :fix: the amount of the bond to be given by the treasurer of the State Lunatic Asylum, which bill they recommend do pass.

The committee have also had under consideration the following bill, to-wit:

A bill to be entitled an act to repeal an act to authorize the Comptroller-General to require of the tax-receivers of this State a return of all lunatics, epileptics and idiots in each county of this State, and their sexes and colors, which act was approved February 24, 1877, which bill the committee recommend do not pass.
0. H. PAULL, Chairman Committee on Lunatic Asylum.

On motion of Mr. Smith, of Oglethorpe, the rules were suspe~ded and the following resolution read the second time and agreed to :

A resolution-
Requiring the Commissioner of Agriculture to re9

130

JouRNAL OF THE HousE.

port to this House with a fulL complete and itemized statement of all moneys or other things of value re-

ceived and paid by him since the organization to the

present time.

On motion of Mr. Turner, of Brooks, the rules

were suspended and the following Senate bill read the

second time :

A bill to prescribe the manner of giving notice of an

intention to apply to the Legislature for the passage of

local and special bills.

Mr. Polhill, from the joint committee to ascertain

what officers are to be elected at the present session,

submitteJ. the following supplemental report:

JYir. Speaker :

'Ve, the undersigned members of the joint committee

appointed by the House and Senate to ascertain what

officers are to be elected by the present General Assem-

bly, beg leave to submit the following supplemental

report, to-wit: I~ addition to the officers to be elected as stated in

our previous report, we find a vacancy exists in the

judgeship of the Flint Circuit caused by the resignation of Judge John I. Hall, whose term would have

expired on the fist day of January next. Also, a

vacancy exists in the judgship of the Pataula Circuit

caused by the resignation of J uclge 'V. D. Kiddoo,

whose term would have expired on the first day of

January next. And, in our opinion, elections are

necessary under the Constitution to fill the remainder

of said terms.

T. -vv. GnnrEs,

Of the Senate. J. H. PoLHILL,

H. G. TURNEH,
c. G. JANES,

Of the House.

MoNDAY, NovEMBER 18, 1878.

131

Mr. McWhorter offered the following resolution, which was read and agreed to, to-wit:

A resvlution-
Authorizing the Committee on Wild Lands to send for persons and papers.

Messrs. Elder, vVeehunt and Grant were granted leave of absenee till 12 o' elock Monday, Mr. Dickin till Tuesday, and Mr. Poppell for a few days on account of sickness in his family.

On motion, the House adjourned till ten o'clock Monday morning.

ATLANTA, GEORGIA,
Monday, November 18, 1878. The House met pursuant to adjournment, was called to order by Mr. Turner, of Brooks, Speaker
pro tem., and opened with prayer by Rev. H. H. Tucker, D.D.
On ::notion, the calling of the roll was dispensed with.
Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal of Saturday was then read and approved.
Mr. Alston rose to a question of privilege and was heard thereon by the House.

189

Joumu.L OF THE Homm.

At the request of the committee, Mr. Chapman was added to the Committee on Education.

Seats on the :floor were tendered Hon. Emory Speer and Hon. J. H. Blount.

The regular order of the day, the call of the roll of counties, was taken up, and the following bill introduced, read the first time and teferred to the Committee on the Judiciary :

By Mr. HarrisA bill to declare and define what misrepresentations by the assured will void a policy of life or fire auurance.

On motion of 1\fr. Alston the regular order of the da.y was suspended a.nd the following bill read a third time, to-wit;

A bill to reorganize the Judicial Circuits of this
State. Mr. "\Valters moved to recommit the bill to the
Special Committee on the Reduction of Judicial Circuits.
Mr. Hammond moved to amend by adding, "with instructions to report the bill ba.ck with a calendar."
The amendment was accepted. Mr. Polhill moved to refer the blll to the Committee on the J ndiciary. Lost. Mr. Davis, of Houston, demanded a division of the motion of Mr. Walters, as amended by Mr. Hammond. The question was divided; the motion to recommit was first put and lost; the motion to instruct was then
put and lost.
Mr. Mathews called for the previous question on the

MoNDAY, NoVEl\IBER 18, 1878.

183

motion to adopt the report of the Committee of the Whole House, that the bill do pass without amendment.

The call was sustained, the main question was ordered, and the report of the committee was adopted.

On the passage of the bill the yeas and nays were called for.

The roll was called and the vote was as follows :

Those voting in the affirmative are Messrs.-

Alston,

Hill,

Anderson of Morgan, Hogan,

Anderson of Newton, Howell of Lownde$1

Awtry,

Howell of Pickens,

Barksdale,

Hudsol,

Bell,

Humber,

Bennett,

Irvine,

Berry,

Johnson of Johnson,

Bird,

Jordan of Crawford,

Branch,

Kendrick,

Brannon,

Kimsey,

Brantley,

King,

Brintle,

Kirby,

Butler,

Livingston,

Butt,

Luffman,

Carr,

Mathews,

Chapman,

l'r!aund,

Cox of Harris,

McConnell,

Davison,

McCurry,

DeLoach,

1\IcDonald,

Duggar,

McGouirck,

Dupree,

Me'Vhorter,

Fletcher,

Miller of Liberty,

Fort,

l\Iilner,

Gray,

Mitchell,

Glo\er,

Northern,

Greene of Madison, Patterson,

Harp,

Peacock,

Henderson,

Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Prescott, Puckett, Rankin, Riden, Roach, Roberts, Rogers, Scruggs, Shannon, Sharman, Sikes, Smith of Butta, Smith of Oglethorpe, Strickland, Taliaferro, Tate, Tatum, Vick, Welch,
'Vheeler, Williams, C. W. Williams, F. J. Willingham, "Wilson, Yancey.

134

JouRNAL OF 'l'Hll] HousE.

Those voting in the negative are Messrs.-

Adams, .Anderson of Pulaski, Barron, Bleckley, Buchan, Burch, Chambers, Colley, Collins, Cook, Crawford, Daniel, Davis of Baker, Da"\"is of Houston, Dozier, DuBose, Duvall, Farnell, Fitzgerald, Fuller, Gammage, Garrard,

Greene of Baldwin, Hall, Hammond, Hanks, Harrell, Harrison, Hollis, Hulsey, Hutchins, Janes, Johnson of Clay, Jordan of Wilkes, Lamb, Lang, McRae, Miller of Houston, Mynatt, Nisbet, Oliver, Paine, Paull, Perkins,

Phinizy, Polhill, Pope, Roney, Russell, Sheffield of Early, Sheffield of Miller, Sims, Smith of Walton, Strother, Thomas, Toole, Turner of Coweta, Wall, walters, walton, west brook, "Wilcox, Williams of Columbia, Wright, Zellner.

Those not voting are Messrs.-

Born, Cannon, Clegg, Cox of Troup, Cunningham, Dickin, Elder, Ford,

Grant, Harris, Ivey, Jamison, McAfee, McLucas, Park, Pike,

Poppell, Redwine, Reese, Sibley, Tarver, Turner of Brooks, vVeehunt, 'Yilmot.

Yeas, 85. Nays, 65. Not voting, 25.
It appearing that the constitutional majority had not voted in the affirmative, the bill was lost.

Mr. Wright called up the Senate resolution fixing a

MONDAY, NOVEMBER 18, 1878.

135

day for the election of Judges, and declaring for what circuits elections are to be had, and offered an amendment thereto.
Mr. Hall offered another amendment. Mr. Adams offered a substitute for the whole. On motion of Mr. Adams, the resolution with the amendments and the substitute was referred to the Com mittee on the Judiciary.

Mr. King gave notice that at the proper time he would move to reconsider the action of the House upon the bill to reorganize the Judicial Circuits of this State.

Mr. Strother offered a resolution, which was read and agreed to, to-wit:

A Resolution-

Instructing the Committee on the Judiciary to report, as soon as possible, on the resolution in regard to what officers are to be elected by this General Assembly.

The call of the roll of counties was resumed and the following bills were introduced, read the first time and referred to the Committee on the Judiciary :
By Mr. AdamsA bill to authorize the municipal authorities of towns and cities having more than five thousand inhabitants to compromise their bonded debt; to provide for the issue and exchange of new bonrls for outstanding bonds; to provide for the establishment and management of a sinking fund for the redemption of such new bonds and their coupons.
By Mr. HumberA bill to create a Board of Commissioners of Roads

136

JOURNAL OF THE HoUSE.

and Revenues for the counties of this State, and to define their powers and duties upon certain conditions therein mentioned.
By Mr. DuvallA bill to carry into effect paragraph 20, article 1, sectirm 1, of the Constitution, limiting the power of the courts in this State in the punishment of contempts. Also, a bill to provide for the setting apart and valuation of homestPads under the Constitution, article 9. By Mr. CarrA bill to amend the law as to assignments of dower. Also, a bill to regulate constables' sales, and for other purposes. By Mr. HallA bill to repeal sections 4387 and 4388 of the Revised Code of 1873. By Mr. Fitz,geraldA bill to authorize and empower securities on forthcoming bonds to re-deliver the property for which they are securities and to relieve themselves from further liability on same bonds.

Mr. Phillips, of Cobb, moved to suspend the rules for the purpose of acting upon the following resolution, to-wit:
A resolution-
To instruct the Committee on Finance to inquire whether the Clerk of this House has given the bond required by the Constitution of this State.
The motion prevailed, the rules were suspended and the resolution agreed to.

The following bills were read by their titles and referred to the Committee on Local and Special Bills :

MoNDAY, NovEMBER 18, 1878.

137

By Mr. Phillips, of CobbA bill to authorize the Governor to draw his warrant on the State Treasurer for the sum of $474.55 in favor of \V. P. Howell & Co., for publishing wild land sales in Lumpkin county for the year 1878.
By Mr. PaullA bill to repeal an act to regulate the compensation of the Tax-Collector and the Tax-Receiver of the county of Calhoun.
By Mr. ButlerA bill to amend an act in relation to the registration of voters in the county of Camden in tllis State.
Also, a bill to regulate the sale of spirituous liquors on the Satilla River in the county of Camden.
By Mr. PrescottA bill to change the time of holding the Superior Courts in the county of Echols.
By Mr. DuggarA bill to provide for the opening of a public road across the Blue Ridge in the counties of Lumpkin and Fannin; to appoint commissioners, and appropriate $1,000 for the same.
By Mr. HollisA bill to create a Board of Commissioners of Roads and Revenues of the county of Marion.

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

By Mr. Mynatt-
A bill to prevent railroad companies in this State from unjustly discriminating in their charges for transportation and for other purposes.

The following bills were introduced, read the first time and referred to the Committee on Banks :

138

JOURNAL OF THE HOUSE.

By Mr. Davis, of HoustonA bill to prohibit banks, trust and loan companies and other companies incorporated under the laws of this State, or doing business iu this State, private banks and other companies, incorporated or unincorporated from contracting for more than lawful interest, and to prescribe a penalty for the violation thereof. Also, a bill to make it a felony for the President and Directors of any bank, loan and trust company incorporated by the laws of this State, or doing business in this State, or of any private bank, or of any party doing a banking business, to receive any money or other thing of value on deposit, being at the time insolvent, and to fail to pay the same in ten days.

Mr. MeWhorter introduced the following resolution, which was read the first time and referred to the Commitbfl on the Judiciary, to-wit:

A resolution-

Instructing the Committee on the Judiciary to inquire into the present contract between th State of Georgia and the Reporter for the Supreme Conrt, to ascertain if some means cannot be devised to furnish the reports to members of the legal fraternity at reduced prices.

The following bill was introduced, read the first time and referred to the Committee on Finance:
By Mr. WrightA bill to settle the claim of Thomas L. Snead against the State of Georgia.

Mr. Hall offtJred the following resolution, which was read and agreed to, to-wit :
A resolution-

TuESDAY, NovE~IBER 19, 1878.

139

Instructing the Committee on Finance to examine tne Mitchell system of keeping public accounts, with the view of recommending the adoption of that system for persons engaged in keeping public accounts.

LeavPs of absence were granted to the Speaker, Ron. A. 0. Bacon, on account of sickness in his family, for one day, and to Mr. Pike on account of sickness.

On motion, the Honse adjourned till ten o'clock tomorrow morning.

ATLANTA, GEORGIA,
Tuesday, November 19, 1878.
The Honse met pursuant to adjournment, and was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll call was, on motion, dispensed with.
Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was read and approved.
Mr. King moved to reconsider so much of the Journal as relates to the action of the Honse upon the bill "to reorganize the Judicial Circuits of this State."
Mr. Sheffield, of Miller, moved to lay the motion to reconsider upon the table.
The motion was lost. The motion to reconsider was adopted. The unfinished business was taken up, and the calling of the roll of counties was continued.

140

JouRNAL OF THE HOUSE.

The following bills were introduced, read the first time and referred to the Committee on the J ndiciary:
By Mr. IveyA bill to prescribe and regulate the enforcement of laborers' liens in this State, and for other purposes.
By Mr. BrantleyA bill to abolish all county courts not established under the general county court act.
By Mr. HanksA bill to define the crime of lobbying, and to provide for the punishment of the same.
By Mr. 'Villiams, of ColumbiaA bill to prevent the taking of extra fees or compensation by the officers of this State, under paragraph 2, section 16, article 7, of the Constitution. Also, a bill to carry into effect paragraph 2, section 6~ article 7, of the Constitution of 1877. Also, a bill to carry into effect paragraph 1, saction 9, article 7, oi the Constitution, in rPlation to use of public funds by the officers of this State.

The following hill was introduced, read the first time and referred to the Committee on Finance:

By l\fr. Johnson, of ClayA bill to provide for the compensation of physicians for performing post-mortem examinations.

Leave of absence was granted to Mr. Gray, of Catoosa, on account of sickness in his family.

The following bills were introduced, read the first time and referred to the Committee on Agriculture:

By Mr. BarksdaleA bill to repeal an act entitled an act to amend an act to provide for the annual collection and publication

TuESDAY, NovEMBER 19, 1878.

141

of statistics of agricultural products and resources of the State, approved Febrnary 20, 1873.
By nfr, Jordan, of WilkesA bill to carry into effect paragraph 1, section 2, of article 7, of the Constitution, which provides that certain domestic animals may be subject to taxation.

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 with an accompanying document.

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

Mr. Speaker:
The Senate has adopted the following report of the joint committee, and asks the concurrence of the Honse therein, to-wit:

The majority report of the joint committeP. to investigat<> and report what officers are to be elected at the present session of t.hc General Assembly; also, supplemental reports made by the same committee.

The following bills were read by their titles and referred to the Committee on Local and Special Bills:
By Mr. MitchellA bill to create a Board of Commissioners of Roads and Revenues for the county of Taylor. By Mr. BrantleyA bill to provide for the compensation of the Ordinary of Washington county.

142

JouRNAL OF THE HousE.

By Mr. PaullA bill to repeal an act consolidating the offices of Sheriff and Tax-Collector, of Clerk of the Superior Court and Tax-Receiver, and of 0l'dinary and Treasurer in the county of Calhoun, approved February 25, 1875, and for other pul'poses. By Mr. McGouirckA bill to repeal an act to provide for a Board of Roads and Revenues for the county of Douglas, approved March 1, 1875.

Mr. Yancey, of Clarke, moved to SUSlJend the rules for tlw purpose of taking up the Senate bill providing the manner of giving notice of an intention to apply for a local or special bill.
The motion was adopted and the rules suspended. The bill was then read the third time, with the amendments offered by the Judiciary Committee, and tak~n up by sections. Mr. Alston moved to recommit. Motion lost. The following amendment, offered by Mr. Harris, was adopted : That the provisions of this bill, as to notice, shall a-pply only to those counties where a newspaper is published; in all other counties a notice posted at the court-house door shall be sufficient, and the certificate of the Ordinary of said county shall be sufficient evidence of the fact. Mr. Cook called for the previous question on the first section, as amended. The call was sustained, and the main question ordered. The section as amended was adopted.
Mr. Miller, of Houston, offered the following privileged resolution, to-wit:

TuEsDAY, NovEMBER 19, 1878.

143

A resolution-
That in accordance with the laws of this State this House do proceed at 12 o'clock meridian, this day, to the election of a Senator to represent this State in the Congress of the United States for the term beginning on the 4th day of :March, 1879.
Read and agreed to.

On the recommendation of the Committee on Privileges of the Floor, a seat on the floor was tendered to Sir George Campbell during his stay in the city.

The hour of 12 o'clock m~ridian, having arrivet1, the House proceeded to the election of a Senator, as provided by law, to represent this state in the Congress of the United States for the term beginning the 4th day of March, 187,:).
Mr. 'l'urner, of Brooks, nominated John B. Gordon, of the county of DeKalb.

'rhe vote was taken viva voce, and the result was as follows, namely :
John B. Gordon received 165 votes. Herschel V. Johnson received 4 votes. wm. E. Smith received 1 vote. Not voting 5.
J obn B. Gordon having received a majority of all the votes cast.

Those voting for Mr. Gordon are Messrs.-

Adams, Alston, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Awtry, Barksda.le,

Barron, Bell, Bennett, Berry, Bird, Bleckley, Branch,

Brannon, Brantley, Brintle, Buchan, Burch, Butler, Butt,

144

JouRNAL OF THE HousE.

Carr, Chambers, Chapman, Clegg, Colley, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, Dozier, .DuBose, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Glover, Greene of Baldwin, Greene of :Madison, Hall, Hammond, Hanks, Harrell, Harp, Harris, Harrison, Henderson, Hill,

Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Jordan of wilkes, Kendrick, Kimsey, Kirby, Lamb, Lang, Livingston, Luffman, Mathews, l\Iaund, McAfee, :McConnell,
~icCurry,
McDonald, McGouirck, McLucas, McRae, l\Ic Whorter, Miller of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Perkins, Phillipg of Carroll,
Phillips of Cobb,

Pope, Prescott, Puckett, Rankin, Redwine, Riden, Roach, Rogers, Roney, Rus;:ell, Scruggs, Shannon, Sharman, Sheffield of Early, Sibley, Sikes, Sims, Smith of Butt.o, Smith oi Oglethorpe, Smith of Walton, Strickland, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner oi Coweta, Vick, Wall, walters, \Valton, "'eehunt, Welch, Westbrook, Wheeler, \Vi! cox, Williams of Columbia, Williams, C. W. Williams, F. J. Willingham,
\Vilson,

TUESDAY, NOVEMBER 19, 1878.

145

Hogan, Hollis, Howell of Lowndes, Howell of Pickens,

Phillips of Coffee, Phinizy, Pike, Polhill,

Wright, Yancey, Zellner, :\Ir. Speaker.

Those voting for l\fr. Johnson are Messrs.-

Cannon, King,

Retsc,

Robert~.

Those voting for Mr. Smith are Messrs.-

Sheffield of ::\Iiller.

Those not voting are Messrs.-

Born, Gray,

Jami~on,
Poppell,

John B. Gordon 165. Herschel V. Johnson 4. \Villiam E. Smith 1. Not voting 5.

Wilmot.

At the request of the committee, Mr. Paull was ordered to be added to the Committee on Enrollment.

The House resumed the consideration of the bill "to provide for giving notice of intention to apply for a local or special bill."

Mr. Hanks offered the following as a substitute for the second section and the substitute of the committee:
"Be it further enacted that the production of the newspaper dated thirty days before the application is made for such local legislation containing the notice required by this act, with the certificate of the Ordinary that the notice has been posted, shall be sufficient evidence that such notice has been given in
10

146

JOURNAL OF THE HOUSE.

accordance with the requirements of the Constitution."
1\'Ir. Hammond moved to strike out the words "before the application is made for such locallegislation," and insert "prior to the introduction of such bill into the General Assembly."
The motion to strike out and insert was adopted. The substitute of l\fr. Hanks, as amended, wa::; adopted as section seeond. Sections third and fourth of the original bill were 1 stricken out, and the usual repealing clauses inserted as section third. The report of the committee which recommends the passage of the bill, as amended, was adopted.
On the passage of the bill, on a division, the yeas were 133 and the nays 1.
The constitutional m::~jority having voted in the affirmative, the bill, as amended, was passed.

Mr. Hutchins, chairman of the Committee on Finance, by request of the Committee, offered the following resolution, which was read and agreed to, towit:

A resolution-

To print three hundred copies of the bill "to provide for licensing liquor dealers; to impose a tax on the sale of wine, spirituous and malt liquors, and to provide for the collection of the same, for the support of common schools in this State."

Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the f0llowing report :

Mr. Speaker: The Committee on the Judiciary have had under con-

TuEsDAY, NovEMBER 19, 1878.

147

sideration the following bill, which they 1ecommend do not pass, to-wit :
A bill to amend section 4287 of the Cede of Georgia.
Also, the following bill, which they recommend do pass by substitute, to-wit:
A bill to prescribe the manner of fixing the compensation of jurors.

And the Committee have also had under consideration the following Senate resolution, which they recommend do pass by substitute, to-wit :

A resolution-

To bring on the election of Judges for certain circuits.
Respectfully submitted. H. G. TuRNER, Chairman.

The undersigned, members of the Judiciary Committee, beg leave to submit the following minority report to the action of that committee on the Senate resolution specifying the Judges to be elected at the present session of the General Assembly, under paragraph 2, section 3, article 6, of the new Constitution. In our opinion no vacancy exists in the following circuits, to-wit: Atlanta, Macon and Southwestern. The Judges of such circuits were appointed by the Governor under paragraph 4, section 2, article 4, of the Constitution of 1868, and before the ratification of the new Constitution. Their appointments were ratified by the new Constitution. They were, therefore, "present incumbents," and holding the "youngest commissions" in the terms of the Constitution. We, therefore, recommend that the amendment offered by

148

JouRNAL oP THE HousE.

Mr. Adams, of Chatham, to the Senate resolution be

adopted in lieu of the majority report.

[Signed]

B. M. DAvis,

A. P. ADA]!S.

The Honse adjourned till to-morrow morning at ten o'clock.

ATLANTA, GEOHGIA,
wednesday, November 20, 1878.
'fhe House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
'fhe roll call was, on motion, dispensed with.
Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.
'fhe Journal was then read and approved.
Leave of absence was granted to the committee on the investigation of the indorsement of the bonds of the Nortbeastern Railroad.
On motion of Mr. "\Vright, the regular order was suspended, and the bill "to reorganize the Judicial Circuits of this State" was taken up, read and put upon its passage.
1\:lr. Anderson, of Pulaski, called for the previous question.
The call was sustained and the main question ordered.

WED!iESDAY, NOVEMBER 20, 1878.

149

The report of the committee, recommending the pass age of the bill, was adopted.

On the passage of the bill, Mr. Fort, of Sumter, called for the yeas and nays.

The call was sustained, and on the ((all of the roll the vote was as follows, namely :

Those voting in the affirmative are Messrs.-

Alston,

Hogan,

Anderson of Morgan, Howell of Lownde~,

Awtry,

Howell of Pickens,

Bell,

Htul~on,

Bennett,

Irvine,

Berry,

Ivey,

Bird,

Johnson of Johnson,

Brannon,

.Jordan of Crawford,

Brantley,

Kendrick,

Brintle,

Kim~ey,

Butt,

King,

Cannon,

Kirby,

Carr,

Living~ ton,

Chapman,

Lnft'man,

Cox of Harris,

Mathews,

Cunningham,

l\Iannd,

Davison,

l\IcAfee,

DeLoach,

l\IcConnell,

Duggar,

l\IcCurry,

Dupree,

McDonald,

Fletcher,

McGouirck,.

Ford,

McLucas,

Fort,

l\IcWhorter,

Grant,

)!iller of Liberty,

Glover,

:\Iilner,

Greene of Mad iRon, Mitchell,

Harp,

Patterson,

Henderson,

J>eacock,

Hill,

Phillips of Carroll,

Phillips of Cobb, Phillips of Coffee,
PrE'~cott,
Puckett, Rankin, Redwine, Riden, Roach, RobertA, Scrnggs, Shannon, Sharman, Sikes, Smith of Butts, Smith of Oglethorpe, Strickland, Taliaferro, Tate, Tatnm, 'Veehnnt, Welch, 'Vheeler, Williams, C. W. Williams, F. J. Willingham, Wilmot, "Tilson, Yancey.

150

JouRNAL OF THE HousE.

Those voting in the nPgative are Messrs.-

Adams, Anderson of Pulaski, Barron, Bleckley, Buchan, Butler, Chambers, Colley, Collins, Cook, Crawford, Daniel, Davis of Baker, Davis of Houston, Dickin, DuBose, Duvall, Elder, Farnell, Fitzgerald, Fuller, Gammage, Garrard, Greene of Baldwin, Hammond,

Hank8, Harrell, Harris, Harri:-:;on, Hollis, Hulsey, Hutchins, Janes, .Johnson of Clay, Jordan of \Vilkes, Lamb, Lang, l\IcRae, :Miller of Houston, l\Iynatt, :Xisbet, Oliver, Paine, Park, Paull, Perkins, Phinizy, Pike, Polhill,

Pope, Reese, Rogers, Roney, Russell, Sheffiel<l of Early, Sheffield of l\Iiller, Sibley, Sims,
Smith of wa! ton,
Strother, Tarver, Thomas, Toole, Turner of Brooks, Turner of Cow<:ta, Yick, \Yalters, \Valton, \Yesthrook, \Vilcox, \Villiams of Columbia, Wright, Zellner.

Those not voting are Messrs.-

Anderson of Xewton, Barksdale, Born, Branch, Burch,

Clegg, Cox of Troup, Dozier, Gray, Hall,

Yeas, 86. Nays, 73. Not voting, 16.

Humber, Jamison, Xorthern, Poppell, Wall,

Less than a constitutional majority having voted in the affirmative, the bill was lost.

On motion of Mr. 'Villiams, of Columbia, the Gov-

'VEDNESDAY, NOYE::\IBER 20, 1878.

151

ernor's message, received on yesterday, was read and referred, with the accompanying documents, to the Committee on Military Affairs.

:Mr. Wright moved to take up the following Senate resolution, to-wit:
A resolution-

''To bring on the election of Judges for certain circuits."
The motion was adopted and the resolution, with the substitute therefor recommended by the majority of the Committee on the Judiciary, and the amendment offered by the minorit}' of said committee, was read.
Mr. Turner, of Brooks, moved to adopt the substitute.
Mr. Adams moved to adopt the amendment to the substitute offered by the minority.

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

Mr. Speaker:
The Senate has concurred in all of the House amendments to a bill to prescribe the manner of giving notice of an intention to apply to the Legislature for the passage of local and special bills, except the following amendment:
''That the provisions of this bill. as to notice, shall apply only to those counties where a newspaper is published ; in all other counties a notice posted at the comt-house door shall be sufficient, and the certificate of the Ordinary of said county shall be sufficient evidence of the fact.''

152

JouRNAL OF 'l'TII<] HouRE.

Mr. Turner, of Brool\c:, rhairman of the ComiPittee on the Judiciary, submitted the following report:

Mr. Speaker:
The Committee on the Judiciary have had under consideration the following bills, which they recommend do not pass:

A bill to amend paragrap 2, section 1, article 11, of the Constitution of this State.
Also, a bill to amend section 2571 of the Code, in relation to providing a year's support to widows and minors.
The committee have also had under consideration the following bill, which they recommend do pass, to-wit:
A bill to provide for the probate of foreign wills, and for other purposes.
Also, the following hill, which they recommend do pass by substitute:
A bill to amend section 2971 of the Code of 1873. Respectfully submitted.
H. G. TuRNER, Chairman.

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

Mr. Speaker :
The Senate has adopteil. the rules reported by the joint committee to prepare rules for the government of the General Assembly when assembled in joint session, with the following amendment to the first rule, to-wit: "Except where provided by law,'' so that the rule will read as follows :
"The time of the meeting of the two houses in joint

WEDNESDAY, NovEMBER 20, 1878.

153

session shall be determined by the concurrent resolution of the Senate and House of Representatives, except where provided by law."

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

M1. Speaker:
I am instructed by the Senate to notify your honorable body that the Senate will be ready to meet the House in joint session at 12 o'clock this day under the provisi(1ns of the act of Congress, entitled an act to regulate the time and manner of holding elections of Senwtor in Congress.

The Committee on Rules submitted the following report, with the rules for the government of the General Assembly in joint session:

Mr. Speaker :
The CommittPe on Rules, who have had under consideration the preparation of rnles for the government of the two houses of the General Assembly when in joint session, respectfully submit the following report:

Rules for the Government of the General Assembly when Assembled in ,Joint Session :
1. The time of the mPeting of the two Houses in joint session shall be determined by the concurrent resolution of the Senate and House of Representatives, except where provided by Jaw.
2. .At tile hour determined by the concurrent resolution, the Senate shall repair to the Hall of the House of Representatives.
3. The Presidt:>nt of the Senate shall preside and announce that the General .Assembly is in joint session,

15-!

JoURNAL OF THE HorrRE

and cause to be read the resolution convening the same. He shall put all questions to the body and decide all questions of order. An appeal may be taken from any of his decisions to the whole General Assembly.
4. The Speaker of the House shall sit on the left of the President of the Senate.
5. In announcing a candidate the mover shall not make any commendatory or other remarks.
6. No debate shall be in order except on questions
of order. 7. No motion to adjourn shall be in order. In lieu
thereof there shall be the motion to dissolve the joint session, which shall be in the form, "That the joint session of the General Assembly be now dissolved," or ''That the joint session of the General Assembly be now dissolved to be reconvenec1 at a time named." The latter motion shall have precedence of the former.
8. The motion to dissolve the joint session either indefinitely, or until a fixed time, shall always be in order, except that after the call of the roll has commenced it shall not be in order until after the result of said vote shall have been declared by the Presiclent of the Senate.
9. \Vhen a motion to dissolve the joint session shall be decided in the negative, the same shall not again be in order until other business shall have interwned.
10. \Vhen a motion to dissolveajointsession, either indefinitely or to a fixed time, shall be decided in the affirmative, the President of the Senate shall so declare, and the Senate shall, without further motion, immediately repair to the Senate Chamber.
11. A majority of each Honse shall be necessary to constitute a quorum of the joint session.
12. These rules may be amended by the concurrent resolution of the two Houses, and they, or E>ither of

\VEDNESDAY, NoVEMBER 20, 1878.

155

them, shall be rescinded when either House shall notify the other House of the withdrawal of its consent to the same.
A.. 0. BACON, Chairman ex-officio; H. G. \VRIC+IIT, R. L. Me \V HORTER, H. G. TURNER,
\V. M. HA)DIOND.

Mr. Tatum moved that the rules for the government of the General Assembly, as reported by the Committee on Rules, be adopted.
'fhe motion -prevailed.

'l'he following members were, at the request of the Committee on the Penitentiary, through l\Ir. Alston, the chairman thereof, added to said committee, towit:
DeLoach, Henderson, C. W. \Villiams, vValters, Puckett, Hollis. Miller of Houston, Tatum and Pea~ cock.

Mr. Miller, of Houston, offered the following resoltltion, which was read and agreed to, to-wit:

A. Resolution-

To inform the Senate that the House will be ready to receive them in the Hall of the House of Representatives at 12 o'clock M., for the purpose of consolidating and declaring, as required by law, the vote of the respectivP- Houses for United States Senator for the term beginning the 4th of :March, 1879, and ending the 4th of March, 1885.

Mr. \Villingham, chairman of the Committee on the Deaf and Dumb Institution, submitted the fo11owing report:

156

.JOURNAIJ OF 1'Hg HoTT~E.

M?. Speaker :
The Committee on the Deaf and Dumb Institution have had under consideration the following resolution, which they report back with the recommendation that it do pass, to-wit:

A resolution-
Appointingacommitteeto invite the Superintendents of the Institutions for the Deaf and Dumb, and for the Blind, to make an exhibition of the practical operations of these schools, and to make the necessary preparations for carrying out this resolution.

The hour of 12 o'clock meridian having arrived, the Senate appeared in the Hall of the House, and the General Assembly was called to order by Hon. Rufus E. Lester, Presidedent of the Senate.

The Journals of Senate and House of yegterday were read, and upon a consolidation of the vote of both Houses it appeared that John B. Gordon had recehred a majority of the votes in each House, and he was deelared to be the duly elected Senator to represent the State of Georgia in the Congress of the rnited States for the term commel!cing 4th of March, 1879, and ending 4th of March, 1885.

The joint session was, on motion, dissolved, and the Senate returned to their Chamber.

The House resumed the consideration of the Senate resolution in reference to the election of Judges.

Mr. Livingston called for the previous question on the adoption of the substitute and the amendment.
The call was sustained and main question ordt>red.
By unanimous consent :Mr. Turner, of Brooks, was

THURSDAY, NOVF.'MBER 21, 1878.

157

allowed to make the following amendment. to the substitute: Strike out the words "\Vednesday, the 20th instant," and insert "Thursday, the 21st instant."
The amendment proposed by the minority of the Committee on the Judiciary was put tu the House and lost.
The substitute proposed by the majority was then put and adopted.

On motion, the House adjourned till ten o'clock tomorrow morning.

ATLANTA, GEORGIA,
Thursday, November 21, 1878. 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. Barksdale, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read, corrected and approved.
Leaves of absence were granted to Mr. Smith, of Butts, and Mr. Dozier on account of sickness.
Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the following report:
Mr. Speaker:
The Committee on the Judiciary have had under

158

JouRNAL OF THE HousE.

consideration the following bill, which they recommend do pass as amended, to- wit :

A bill to repeal section 4i323 of the Revised Code of 1873, to prescribe the punishment for persons convicted of murder, and for other purposes.

Also, the following bills, which they recommend do not pass, to-wit:
A bill to fix the time for electing the .Judges l>f the Supreme and Superior Courts, and of Solicitors-General, required to be elected by the General Assembly of this State.
Also, a bill to carry into effect paragraph 2, section 1, of article 2, of the Constitution of this State.
Also, a bill to require justices of the peace and judicial notaries to hold their courts at the election precincts of their respective districts.
Also, a bill to increase the fees of the magistrates and constables of this State.
Respectfully submitted. H. G. TuRNER, Chairman.

Mr. Phillips, of Cobb, chairman of the Committee on Counties and Uounty Lines, submitted the following report:
JYir. Speaker :
The Committee on Counties and County Lines have had under consideration the following bill, which they direct me to return to tht. House with the recommendation that it do pass, as amended, to-wit:
A bill to be entitled an act prescribing the manner in which county lines may be chang<>d in this State.
The Committee have also had under consideration

TnuRSDAY, NoVK\IBER 21, 1878.

159

the following bills, which they recommend do not pass, to-wit:

A bill to be entitled an act to carry into effect paragraph 3, section 1, article 2, of" the Constitution in relation to the manner in which county lines may be changed.
Also, a bill to carry into effect pal'agraph 3, section J, of" article 11, of the Constitution of this State.
Also, a bill entitled an act to provide for the changing of county lines in the State of Georgia in terms of article 11, oection 1, paragraph 3, of the Constitution of said State of the year 1877, and for other purposes.
CIIAS. D. PHILLIPs, Chairman.

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

.J.lfr. Speaker :

The Committee on Finance have had under consideration the following bill, which they direct me to return to the House, with the recommendation tbat it do pass, as amended, to-wit:
A bill to be entitled an act to prescribe the manner of fixing the compensation of jurors and bailiffs in all the counties of this State.

The committee have also had under consideration the following bills, and resolution, which they recommend do not pass, to-wit:

A bill to be entitled an act to amend an act to regulate the practice of dentistry, and to protect the people against empiricism in relation thereto in the State of Georgia, approved August 24, 1872.
Also, a bill to be entitled an act to regulate and provide compensation fer jurors on inqnests in this State.
'

160

JouRNAL OF THE HousE.

Also, a resolution to pay ,John E. Ra.pp for the ca.ptnre of escaped convicts.
Respectfully submitted. N. L. HuTCHINS, Chairman.

Mr. Russell, chairman of the Committee on Privileges and Elections, submitted the following reports:
Mr. Speaker:
The Committee on Privileges and Elections rPspectfully report that they have had under consideration the contested election case from the county of Early.
The committee have given the case a careful and thorough investigation, and it is the unanimous opinion of this committee that the sitting member, to-wit:
Hon. ,V. C. Sheffield, is entitled to his seat now held
by him, he having been elected by a majority of the legal votes cast in said county of Early at the election for Representative.
Your committee, therefore, submit the following resolution for the consideration of the House:
Resolved, That at an election held in the county of Early on the 5th day of December last, for members of the General Assembly of the State of Georgia, "\V. C. Sheffield received tne highest number of legal votes legally polled for Representative of said county of Early.
PHILIP :M. RussELL, Chairman Committee on Privileges and Elections.

Mr. Speaker:
The Committee on Privileges and Elections respectfully report that they have had under consideration the bill to be entitled an act to amend the 1288th section of the Code of 1873, relating to the payment of

THURSDAY, N OVEJiffiER 21, 1878.

161

managers of elections. Your committee recommend that the bill do not pass.
PHILIP M. RussELL, Chairman Committee on Privileges and Elections.

Mr. Speaker:
The majority of the Committee on Privileges and Elections respectfully report that they have had under consideration the contested election case from the county of Camden, and the sitting member having received the highest number of votes, anfl the contestant having, in the opinion of a majority of this committee, failed to show that he, the contestant, received the highest number of legal votes, it is, therefore, the opinion of a majority of this committee that the sitting member, Thomas Butler, is entitled to his seat as a member of the House of Representatives.
Your committee submit the following resolution for the consideration of the House :

Resolved, That at an election held on the 5th day of

December last, in the county of Camden, for members

of the General Assembly of the State of Georgia,

Thomas Butler l'eceived the highest number of votes

polled for Representative of said county of Camden.

.

PHILIP M. RUSSELL,

Chairman Committee on Privileges and Elections.

Mr. Speaker:
The Committee on Privileges and Elections beg leave to submit the following minority report:

That they have had under consideration the contested election case from the county of Camden; that they find from the evidence submitted to them that under the registl'ation laws of Camden county there
were one hundred and three registered voters in said 11

162

JOURNAL OF THE HOUSE.

county ; that at said election the sitting member received one hundred and forty-one votes; that the contestant received at said election ninety-eight votes; that the contestant showed by evidence that ninetyeight votes received at said election by the sitting member were not registered, and, therefore, illegal, leaving forty-three presumptive legal votes received by the sitting member. We find that there was no contest by the sitting member, and no illegal votes were proved by him to have been cast for the contestant. It is, therefore, the opinion of the minority of this committee, that the contestant received the highest number of legal votes cast at said election and is entitled to his seat as a member of the House of Representatives.
The minority submit the following resolution for the consideration of the House:

Resolved, That at the election held on the 5th day

of December last, in the county of Camden, for mem-

bers of the General Assembly of the State of Georgia,

the contestant, Spencer R. Atkinson, received the high-

est number of legal votes cast, and that he be allowed

to take his seat.

JESSE W. WALTERS,

w. G.

PEACOCK,

THOMAS W. LAMB,

THmiAS vV. MILNER.

Mr. Speaker:

The Committee on Privileges and Elections respectfully report that they have had under consideration the case of William J. James protesting against the right of E. P. Miller to his seat as Representative of the county of Liberty. The committee have given the case a thorough investigation, and it is the opinion of a majority that E. P. Miller received the highest num-

THURSDAY, NOVElltBEB 91, 1878.

163

her of votes legally cast at the election for Representative of Liberty county, and is entitled to the seat now held by him.
The ~ority of your committee, therefore, submit the following resolution for the consideration of the House:

RtNJolud, That a.t an election held in the county of Liberty on the 5th day of December last, for members of the General Assembly of the State of Georgia, E. P. Miller received the highest number of legal votes lega.lly polled for Repretentative of said oounty of Liberty.
PmLIP }I. RussELL,
Chairman Committee on Privileges and Elections.

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

Mr. 8pet1Jc8'1' :
The Senate has agreed to the amendment of the House to the Senate resolution bringing on the election of certain Judges and Solicitors-General.
On the recommendation of the Committee on Privileges of the Floor, Ron. D. B. Hamilton was invited to a seat on the floor.
On motion of Mr. Northern, the rules were suspended for the pl.ll'pose of taking up the following resolution, to-wit:
A resolution-
Appointing a. committee to make arrangements for the Superintendents of the Institutions for the Dea.f' and Dumb, and for the Blind, to make a public exhi-

164

JOURNAL OF THE HOUSE.

bition of the practical workings of these Institutions for the benefit of the General Assembly.

The resolution was rf'M and adopted by substitute, and ordered to be at once transmitted to the Senate.

Mr. \Vright offered the following resolution, by request of the Committee on Railroads, which was agreed to:

A resolution--

To print 500 copies of House bills No. 20 and No. 49, in relation to the regulation of railway freight and passenger tariffs.

Mr. Paine, chairman of the Committee on Enrollment, by instruction of the committee, offered the following, which was read and agreed to, to-wit:

A resolution-

That the Committee on Enrollment be authorized to employ a clerk.

On motion of Mr.. Hanks, the rules were suspended for the purpose of taking up the following Senate bill, to-wit:
A bill to provide for the manner of giving notice of an intention to apply for local or special bills.
The bill was read, with the refusal of the Senate to adopt the House amendment.

The House insisted and asked for a committee of conference.

The Speaker appointed as a committee of conference on the part of the House, 1\fessrs. Harris, Alston and Duggar.

THURSDAY, NovEMBER 21, 1878.

165

By request of the oommittSP, the Speci&l Committee on Wild Lands was dissolved.

By request of the Commmittee on Wild Lands, Mr. Davis, of Baker, was added to the standing Committee on Wlld Lands.

On motion of Mr. McWhorter, the rules were suspended and the following resolution was read and agreed to, to-wit :

A resolution-

That the Comptroller-General be, and he is hereby instructed, to suspend.all sales of wild lands in this State, whether advertised or not, and the farther transfer of all tax executions until the Committee on Wild Lands shall have concluded theirinvestigations on this subjent.

The hour fixed by joint resolution of the Rouse and Senate for the election of Judges, to-wit: eleven
o'oloak A. x., having arrived, the Senate appeared in
the Hall of the Rouse, and the General Assembly wall called to order by Ron. Rufns E. Lester, President of
the Senate.

The resolution fixing the time for the election of Judges was then read, and the Augusta Circuit being the first in order, .the General Assembly went into an election for Judge of that circuit.

Claiborne Snead, Chas. C. Jones and Wm. Gibson, of Richmond county, were nominated.

Upon calling the roll of the Senate, the result was as follows, namely :

166

JOURNAL OP THE HOUSE.

Those voting for Mr. Gibson are Messrs.-

Boyd, Casey, Clements of the 15th,

Clements of the 44th, McLeod,

Hamilton of the 14th, Simmons,

Hodges,

Wellborn.

Those voting for Mr. Jones are Messrs.-

Bower, Clarke, Clifton,

Cumming, Folks, Holcombe,

Perry, Russell, Troutman.

Those voting for Mr. Snead are Messrs.-

Cabaniss, Candler, Drake, Duncan, Fain, Grimes, Hamilton of the 21st,

Hawkins, Head, Holton, Howell, Hudson, Lumpkin, 1\IcDaniel,

Preston, Staten, Stephens, Tison of the 4th, Tison of the lOth, Turner, Mr. President.

Those not voting are Messrs.-

Bryan, DuBose,

Grantland,

Harrison,

Gibson 9. Jones 9. Snead 21. Not voting 5.

Upon calling the roll of the House the result was follows:

Those voting for Mr. Snead are Messrs.-

.A.dams, .A.lston, Barron, Bell, Bennett, Berry,

Greene of Madison, Hall, Hammond, Hanks, Harp, Harris,

Oliver, Patterson, Paull, Phillips of Coffee, Phinizy, Pike,

THURSDAY, NOVEMBER 21, 1878.

167

Bleckley, Born, Bird, Brintle, Burch, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Collins, Cook, Cox of Harris, Crawford, Cunningham, Daniel, Davis of Houston, Davison, DeLoach, Dickin, DuBose, Dupree, Duvall, Elder, Fitzgerald, Fleteher, Ford, Fort, Gammage, Garrard, Grant,

Henderson, Hogan, Harrison, Hollis, Howell of Lowndes, Hudson, Hulsey, Humber, Ivey, Janes, .Johnson of Clay, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Luffman, Mathews, Maund, McConnell, McDonald, McGouirck, :McRae, )fcwhorter, )filler of Houston, 2\Iilner, Mitchell, Mynatt, NiRbet, Northern,

Prescott, Puckett, Polhill, Rankin, Redwine, Roach, Russell, Shannon, Sheffield of Miller, Sims, Smith of Oglethorpe, Smith of Walton, Strickland, Strother, Taliaferro, Tatum, Thomas, Vick, Wall, walters, \Veehunt, Welch, Westbrook, Williams, C. W. Williams, F. J. "Willingham, Wilmot, \Vilson, Wright, Yancey, Zellner, Mr. Speaker.

Those voting for Mr. Gibson are Messrs.-

Anderson of Morgan, Anderson of :Newton, Anderson of Pulaski, Barksdale, Brannon, Brantley, Buchan, Butler, Colley,

Howell of Pickens, Irvine, Johnson of Johnson, "!.\Ic.Afee, McCurry,. McLucas, Paine, Park, Peacock,

Rogers, Roney, Scruggs, Sharman, Sheffield of Early, Sikes, Smith of Butt~, Tate, Toole,

168

JOURNAL OF l'II..U: HOUSE.

Duggar, Farnell, Fuller, Glover, Greene of Baldwin, Harrell,

Perkins, Phillip~ of Carroll, Phillips of Cobb, Pope, Riden,
Roberts~

Turner of Coweta, 'Valton, Wheeler, Wilcox, Williams of Columbia.

Those voting for Mr. Jones are Messrs.-

Awtry, Cox of Troup, Davis of Baker, Hill,

Hutchins, Jordan of "ilkes, Livingston, Miller of Liberty,

Reese, Sibley, Tarver, Turner of Brooks.

Those not voting are Messrs.-

Branch, Dozier,

Gray, Jamison,

Hon. Claiborne Snead 115. Hon. William Gibson 43. Ron. Charles C. Jones 12. Not voting 5.

Poppell.

Upon counting the vote and consolidating the same, it appeared that the total number of votes cast was 211-necessary to a choice 106-that Claiborne Snead had received 136 votes, C. C. Jones 23 votes, Wm. Gibson 52 votes.
Claiborne Snead having received a majority of all the votes cast, was declared duly elected Judge of the Superior Court for the Augusta Circuit, for the four years commencing January 1, 1879.

The next in order for election was the Brunswick Circuit.

John L. Harris and M. L. Mershon were put in nomination.

THURSDAY, NOVE111BER 21, 1878.

169

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

Those voting for Mr. Harris are Messrs.-

Boyd, Bower, Cabaniss, Candler, Casey, Clarke, Clements of the 15th, Clement~ of the 44th, Clifton, Cumming, Drake, DuBose, Duncan,

Fain, FolkR, HawkinR, Head, Hodges, Holcombe, Holton, Howell, Hudson, Lumpkin, McDaniel, McLeod, Perry,

Preston, Russell, Simmons, Speer, Staten, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Turner, wellborn, l\Ir. President.

Those voting for Mr. Mershon are Messrs.-

Grimes,

Hamilton of the 14th, Hamilton of the 21st.

Those not voting are Messrs.-

Bryan,
Harris 38. Mershon 3. Not voting 3.

Harrison,

Grantland.

Upon calling the roll of the House, the result was as follows:

Those voting for :Mr. Harris are Messrs.-

Adams, Alston, Anderson of Morgan, Anderson of NewLon, Anderson of Pulaski, Awtry, Barksdale,

Hanh, Harrell, Harris, Harrison, Henderson, Hill, Howell of Lowndes,

Pike, Polhill, Pope, Prescott, Puckett, Rankin, Redwine,

170

JouRNAL OF THJ HousE.

Bell, Bennett, Berry, Bleckley, Branch, Brannon, Brantley, Burch, Butler, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Colley, Cook, Cox of Harris, Cox of Troup, Cunningham, Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Diekin, DuBose, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fuller, Gammage, Garrard, Grant, Glover, Greene of Baldwin, Greene of Madison. Hall, Hammond,

Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Ivey, Johnson of Clay, Jordan of Wilkes, Kendrick,
Kim~ey,
King, Kirby, Lamb, Lang, Livingston, Luffma.n, Ilia thews, }faund, }fcAfee, ::\IcConnell, l\IcCurry, 2\TcDonald, }fcGouirck, }fcLucas, :McRae, Me \ Y h o r t e r , Miller of Houston, }filler of Liberty, }[ilmr, Mitchell, :Mynatt, Xisbet, Korthern, Oliver, Paine, Park, Patterson, Paull, Peacock, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy,

Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sheffield of }filler, Sibley, Sikes, Smith of Oglethorpe, Smith of \Yalton, Strickland, Strother, Taliaferro, Tarver, Tate, Tatum, Thoma, Toole, Turner of Brook~, Turner of Coweta, Vick, Wall, IV alters, Walton, \Yeehunt, Welch, \Yestbrook, "'heeler, \Yilcox, Williams of Columbia, Williams, F. J. Willingham, \Yilmot, IVright, Yancey, Zellner, Mr. Speaker.

TIIURSDAY, N OVEl\IBER 21, 1878.

171

Those voting for Mr. Mershon are Messrs.-

Bird, Buchan, Crawford, Fort,

Harp, Hogan, Hollis, Irvine,

Janes, Jordan of Crawford, Wilson.

Those not voting are Messrs.-

Barron, Born, Brintle,
Collin~,
Dozier,

Gray, .Jamison, .Johmon of John"on, Perkins,

Poppell, SimH, Rmith of Butts, Williams, C. W.

.Tolm L. Harris 151. M. L. Mershon 11. Not voting 13.

Upon counting the vote and consolidating the same, it appeared that the total number of votes cast was 204-necessary to a choice 103-that John L. Harris had received 189 votes, and M. L. Mershon had receved 14 votes.
John L. Harris having received a majority of all the votes cast was declared duly elected Judge of the Superior Court for the Brunswick Circuit for the four years commencing January 1, 1879.

The Flint Circuit wa,s next in order. J. S. Boynton, John J. Floyd and A. M. Speer were put in nomination.
Upon calling the roll of the Senate, the vote was as follows:

172

JouRNAL oF TIIE HousE.

Those voting for Mr. Speer are Messn;.-

Boyd, Candler, Clements of the 44th, Cumming, Drake, DuBose, Duncan, Grimes,

Hamilton of the 14th, Harrison, Hawkins, Hodges, Hudson, Lumpkin, McDaniel,

Simmons, Speer, Staten, Tison of the 4th, Tison of the lOth, Troutman, Turner.

Those voting for Mr. Boynton are Messrs.-

Bower, Cabaniss, Casey, Clarke, Clements of the 15th, Clifton, Fain,

Folks, Hamilton of the 21st, Head, Holcombe, Holton, Howell, -:\IcLeod,

Perry, Preston, Russell, Stephens, Wellborn, Mr. President.

Those not voting are Messrs.-

Bryan,
Speer 22. Boynton 19. Not voting 3.

Grantland,

Lester.

Upon calling the roll of the House, the result was follows:

Those voting for Mr. Speer are Messrs.-

Adams, Alston, Berry, Brantley, Butler, Butt, Carr, Chapman, Colley, Collins,

Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Humber, Hutchins, Ivey, Johnson of Clay, Johnson of Johnson, Jordan of Crawford,

Phillips of Carroll, Phillips of Coffee, Phinizy, Polhill, Prescott, Rankin, Reese, Roberts, Rogers, Scruggs,

TuuRSDAY, NovEMBER 21, 1878.

173

Cook, Cox of Troup, Crawford, Daniel, Davis of Baker, DuBose, Duggar, Fitzgerald, Ford, Fort, Garrard, Grant, Glover, Greene of Bale! win, Greene of Madison, Hammond, Hanks, Harp, Harris, Harrison,

Jordan of Wilkes, Kimsey, King, Kirby, Lamb, Lang, Livingston, Luffman, Mathews, Maund, McDonald, McRae, Me whorter, :Milner, :!'\is bet, Northern, Paine, Park, Patterson, Peacock,

Sharman, Sheffield of Early, Smith of Butts, Smith of Oglethorpe, Strickland, Tate, Tatum, Toole, Turner of Brooks, Vick, Wall, Vvalton, 'Veehunt, V { est brook, Williams, F. J. Willingham, Wilmot, Yancey, Zellner, Mr, Speaker.

Those voting for Mr. Boynton are Messrs.-

Anderson of Pulaski, Awtry, Barron, Bell, Bird, Bleckley, Branch, Brannon, Brintle, Buchan, Burch, Cannon, Chambers, Clegg, Cox of Harris, Cunningham, Davis of Houston, Davison, DeLoach, Dickin, Duvall, Farnell,

Fletcher, Fuller, Gammage, Harrell, Henderson, Hill, Hogan, Hulsey, Irvine, Janes, Kendrick, McAfee, McConnell, :McCurry, McGouirck, McLucas, Miller of Houston, ::Hiller of Liberty, Mitchell, Mynatt, Oliver,

Perkins, Pope, Riden, Roach, Roney, Russell, Shannon, Sheffield of Miller, Sibley, Sikes, Taliaferro, Tarver, Thomas, Turner of Coweta, 'Valters, welch,
'Vheeler, Wilcox, Williams of Columbia, "Wilson, Wright.

174

JouRNAL OI!' THE HousE.

Those voting for Mr. Floyd are Medsrs.-

Anderson of 1\'Iorgan, Anderson of Newton, Bennett, Elder,

Paull, Phillips of Cobb, Pike, Redwine,

Sims, Smith of Walton, Strother, Williams, C. W.

Those not voting are :Messrs.-

Barksdale, Born, Dozier,

Dupree, Gray, Hall,

Jamison, Poppell, Puckett.

Alex. M. Speer 90. J. S. Boynton 64. J. J. Floyd 12. Not voting 9.

Upon counting and consolidating the vote, it appeared that the total number of votes cast was 207necessary to a choice 104-that John J. Floyd had received 12 votes, Jas. S. Boynton 83 votes, A.. M. Speer 112 votes.

It appearing that Alex. M. Speer had received a majority of all the votes cast, he was declared duly elected Judge of the Supel'ior Court of Flint Circuit for the four years beginning January 1, 1879.

The Macon Circuit was the next in order. T. J. Simmons and 'V. L. Grice were nominated.

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

Those voting for Mr. Simmons are .Messrs.-

Boyd, Cabaniss, Casey, Clarke,

Folks, Grimes, Hamilton of the 14th, Hamilton of the 21st,

Hudson, Lumpkin, McDaniel, Perry,

THURSDAY, NOVEMBER 21, 1878.

175

Clements of the 15th, Clements of the 44th, Clifton, Cumming, DuBose, Duncan, Fain,

Harrison, Hawkins, Head, Hodges, Holcombe, Holton, Howell,

Preston, Simmons, Speer, Stephens, Tison of the 4th, Turner, Wellborn.

Those voting for Mr. Grice are Messrs.-

Candler, Drake, McLeod,

Russell, Staten, Tison of the lOth,

Troutman, J\Ir. President.

Those not voting are Messrs.-

Bower,

Bryan,

Simmons 33. Grice 8. Not voting 3.

Urantland.

Upon calling the roll of the House, the result was as follows:

Those voting for Mr. Simmons are Messrs.- "'

Alston,

H<1nk~,

Anderson of .Morgan, Harp,

Anderson of Newton, Harris,

Awtry,

Harrison,

Barksdale,

Henderson,

Barron,

Hill,

Bell,

Hogan,

Bennett,

Hollis,

Berry,

Howell of Lowndes,

Bird,

Howell of Pickens,

Bleck ley,

Hudson,

Branch,

Hulsey,

Brannon,

Humber,

Brantley,

Hutchins,

Brintle,

Irvine,

Burch,

Ivey,

Ph11lip~ of Coffee, Phinizy, Pike, Pothlll, Pope, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Scruggs, Shannon, Sharman,

176

JOURNAL OF 'I'HE HOUSE

Butler, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Colley, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, Daniel, Davison, DeLoach, Dick in, DnB:>se, Duggar, Dupree, Duvall, Elder, Fitzgerald, Fletcher, Ford, For!, Grant, Glover, Greene of Madison, Hall, Hammond,

Janes, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Livingston. Luffman, Mathews, McAfee, McConnell, McCurry, McDonald, McGouirck, McLucas, McRae, McWhorter, Miller of Liberty, Milner, Mylllitt, Nisbet, Northern, Oliver, Park, Patterson, Paull, Perkins, Phillips of Carroll, Phillips of Cobb,

Sheffield of Miller, !:liblay, Sims, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Strickland, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Turner of Coweta, Vick, Wall, Walton, Weehunt, Welch, Westbrook, Wheeler, Wilcox, Williams of Columbia, Williame, C. W, Williame, F. J. Willingham, Wilmot, Wilson, Wright, Yancey, Zellner, Mr. Speaker.

Those voting for Mr. Grice are Messrs.-

Adams,

Gammage,

Anderson of Pulaski, Garrard,

Buchan,

Greene of Baldwin,

Davis of Baker,

Johnson of Clay,

Davis of Houston, Maund,

Farnell,

Miller of Houston,

Fuller,

Mitchell,

Prescott, Russell, Sheffield of Early, Sikes, Toole, Turner of Brooks Walters.

Those not voting are Messrs.-

THURSDAY, NovEMBER 21, 1878.

177

D11ier, Gray,
Harrell,

Johtlam:t of Johnson, Poppall,

Paine,

Puckett.

T. J. Simmons 144. vV. L. G1ice 21. Not voting, 1U.

Upon oounting and consolidating the vote, it appearlng that the total numbttr of votes cMt was 206..!.
,V. necessary to a choice 104-that Thos. J. Simmons had
reooived 177 votes and L. Grioe had reooived 29 votes.

Thoma& J. Simmon& was thereupon deolared duly elected Judge of the Superior Court for the Macon Cirouit, for the term of four years beginning January
1, 1879.

The next in order was the Middle Circuit. Herschel V. Johnson was nominated by Mr. Polhill.

Upon calling the roll of the Senate, the result was as follows, namely :

Those voting for Mr. J ohn10n are Messrs.-

Boyd,
Bower, Cabaniss,
Candler, 01101, Clarke, Clexnents of the 15th, Clexnents of the 44th, Clifton, Cunm:dng, Drake, DuBose,
DIUI.CIUI,
Fain.
Folks,
12

Grantland,
GriDim~t
Hamilton of the 14th, Hamilton of the 21st, Harri!mn, Hawkins, Head, Hodges, Holcombe, Holton, Howell, Hudson, Lumpkin, licThmieJ,

lieLead, Perry, Preston, Russell,
Simmons, Speer, Staten, Step~tens. Tison of the 4th,
Tison of the lOth, Troutman. Turner, Wellborn. Hr. President.

178

JouRNAL O.IJ' 'l'H.I!: HousE.

Not voting Mr. Bryan.

Johnson 43. Not voting 1.

Upon calling the roll of the House the result was as follows:

Those voting for 1\fr. Johnson are Messrs.-

Adams, Alston, Anderson of ::\forgan, Anderson of Newton, Anderson of Pulaski, Awtry, Barksdale, Barron, Bell, Bennett, Berry, Bird, Bleckley, Branch, Brannon, Brintle, Buchan, Burch, Butler, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Colley, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, Daniel,

Greene of l\ladi8on, Hall, Hammond, Hanks, Harrell, Harp, Harris, Harrison, Henderson, Hill, Hogan, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, hey, Janes, Johnson of Clay, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Livingston, Luffman, Mathews, Maund,

Phillip~ of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Pol hill, Pope, Prescott, Rankin, Redwine, Reese, Riden, Roberts, Rogers, Roney,
Rus~ell,
Shannon, Sharman, Sheffield of Early, Sheffield of Miller, Sibley, Sikes, Sims, Smith of ButU., Smith of Oglethorpe, Smith of Walton, Strickland, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas,

TntrBSDAY, NovmmEB Sl, 1878.

1'79

Davis of Baker, Davis of Houston, Davison,
DeLoach, Diekin, Dozier, DuBose,
Duggar, Dupree,
Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Glover,
Greene of Baldwin.

l!c.Afee, llcOonnell, aicCurry, lieDonald, McGouirck, llcLueas, McRae, lie'Vhorter, Miller of Houston, 'liiller of Liberty, liilner,
llitcht-11, liynatt, Ni:;bet, Northern, Oliver, Paine, ~ Patterson, Paull, Perkins,

Toole, Turner of Brooks, Turner of Coweta, Viek. Wall, Weehunt, Welch, Westbrook,
Wheeler, Wilcox, Williams of Columbia, Williams, C. W.
Williams, F. J. Willingham, Wilmot, Wilson, Wright, Yancey,
Zellner, :Mr. Speaker.

Those not voting are Messrs.-

Brantley,
Born, Duvall,
Gray,
Hollis,

Jami:lon, Johnson of Johnson, Feacoek, Foppell, Fuckett,

Hmschel V. Johnson 161. Not voting 14.

Roach, 9eraggs,
Walters, 'Walton.

Upon counting the vote and consolidating the same, it appeared that the total number of votes cast was S04-necessary to a choice 100-that B. V. Johnson had received 204 votes.

H. V. Johnson was thereupon deolared dulyeleoted Judge of the Superior Court for the Middle Oirouit, for the four years commencing January 1, 1879.

180

JouRN.AL OF THE HousE.

On motion the joint session was dissolved to reconvene at 9 o'clock P. M.

Leave of absence was granted to :Mr. Barksdale for the balance of the week, on account of important business. )Jr. McCurry was g1anted leave of a.bsence for one day. Mr. Kirby was granted leave of absence for a few days on account of pressing business.

The House then adjourned till 2:55 o'clock P. Jr. today.

AFTERNOON SESSION.
2:55 0 70LOOK P. li.
The House re-assembled.
The following bills were, on motion of Mr. Hutchins of Gwinnett, recommitted to the Committee on Finance, to-wit:
A bill to prohibit taking more than '1 per cent. interest, and for the recovery of any excess.
Also, a bill to fix the rate of interest in this State at '1 per cent. per a.nnum.
A bill to fix the rate of int.erest in this State, and to repeal laws in conflict with the same.
The: hour for the joint session having arrived, the Senate appeared in the Hall of the Rouse, and the General Assembly was called to order by Ron. Rufus E. Lester, President of the Senate.
The election of Judges was continued, commencing. with the Oomulgee Circuit.

THURSDAY, NovE~IBER 21, 1878.

181

Augustus Reese, of Morgan; Geo. T. Bartlett, oJ Jasper: and Thos. G. Lawson, of Putnam, were nominated.

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

Those voting for Mr. Reese are Messrs.-

Casey, Cumming, DuBose,

Grimes, Hodges, Holcombe,

Stephens, "rellborn,

Those voting for Mr. Bartlett are Messrs.-

Boyd, Bryan, Cabaniss, Clements of the 15th, Duncan,

Grantland, Hamilton of the 21st, Lumpkin, McLeod, Simmons,

Staten, Tison of the 4th, Tison of the lOth, Troutman.

Those voting for J\fr. Lawson are Messrs.-

Bower, Candler, Clarke, Clements of the 41th, Clifton, -Drake, Fain, Folks,

Hamilton of the 14th, Harrison, Hawkins, Head, Holton, Howell, Hudson,

l\IcDaniel, Perry, Preston, Russell, Speer, Turner, 2\ir. President.

Reese 8. Bartlett 14. Lawson 22.

Upon calling the roll of the House, the result was as follows:
Those voting for Mr. Reese are Messrs.-

182

JOURNAL OF THE HOUSE.

Anderson of Morgan, Barksdale, Bleckley, Crawford, Cunningham, DuBose, Duggar, Garrard, Greene of Madison, Harp, Hutchins,

Jordan of Wilkes, Park, Phillips of Carroll, Phillips of Cobb, Pike, Redwine, Reese, Riden, Roberts, Roney, Scruggs,

Shannon, Sharman, Sibley, Strother, TatD, Turner of Coweta, Welch, Williams of Columbia, Willingham, Wright, Yancey.

Those voting for Mr. Barlett are Messrs.-

Alston, Barron, Bennett, Brannon, Brintle, Buchan, Cannon, Cox of Troup, Gammage, Gray, Hall, Harris, Hill,

Howell of Pickens, Hulsey, Ivey, Janes, Johnson of Clay, Jordan of Crawford, Kimsey, Kirby, Lang, Luffman, }faund, ::\ic.Afee, }fcConnell,

}filler of Houston, Paine, Patterson, Phillips of Coffee, Prescott, Russell, Sheffield of Early, Smith of Butts, Strickland, Tarver, "\Veehunt, Wilson.

Those voting for Mr. Lawson are Messrs.-

Adams, Anderson of Newton, Anderson of Pulaski, Awtry, Bell, Berry, Bird, Branch, Brantley, Burch, Butler, Butt, Carr, Chambers,

Ford, Fort, Fuller, Grant, Glover, Greene of Baldwin, Hammond, HankP, Harrell, Harrison, Henderson, Hogan, Hollis, Howell of ~owndes,

Oliver, Paull, Peacock, Perkins, Phinizy, Polhill, Pope, Rankin, Roach, Rogers, Sheffield of }Iiller, Sikes, Sims, Smith of Oglethorpe,

THURSDAY, NovEMBER 21, 1878.

183

Chapman, Clegg, Colley, Collins, Cook, Cox of Harris, Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, Dozier, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher,

Hudson, Humber, Irvine, Johnson of Johnson, Kendrick, King, Lamb, Livingston, :Mathews,
~IcDonald,
:HcGouirck, )feRae, l\fc \Yhorter, ::\filler of Liberty, J\Iilntr, Mitchell, Mynatt, Nisbet, Xorthern,

Those not voting are Messrs.-

Smith of IValton, Taliaferro, Tatum, Thomas, Toole, Turner of Brook~, Yick, Wall, IValters, IV alton, westbrook, Wheeler, Wilcox, Williams, C. W. Williams, F. J. \Yilmot, Zellner, Mr. Speaker.

Born, Jamison,

::\IcCurry, ::'II<' Lucas,

Poppell, Puckett.

Ron. Augustus Reese 33. Ron. George T. Bartlett 38. Ron. Thomas G. Lawson 98. Not voting 6.

Upon counting the vote and consolidating the same, it appeared that the total number of votes cast was 213-necessary to a choice 107-that Augustus Reese had received 41 votes; Geo. T. Bartlett had receved 52 votes, and Thos. G. Lawson had received 120 votes.

Thos. G. Lawson having received a majority of all the votes cast was declared duly elected Judge of the Superior Court for the Ocmnlgee Circuit for the four ;years commencing January 1, 1879,

184

JOURNAL OF THE HOUSE.

The next election in order was for a J ndge of the Pataula Circuit. Arthur Hood a.nd L. C. Hoyle were nominated.

Upon calling the roll of the Senate, the vote was as follows:

Those voting for Mr. Hood are Messr::o.-

Boyd, Bower, Bryan, Cabaniss, Casey, Clarke, Clements of the 15th, Clements of the 44th, Cumming, Drake, DuBose,

Duncan, Fain, Grantland, Grimes, Hamilton of the 14th, Hamilton of the :?1st, Harrison, Hawkins, Holton, Howell,

Lumpkin, :McDaniel, Perry, Preston, Russell, Simmons, Speer, Stephens, Turner, wellborn.

Those voting for Mr. Hoyle are Messrs.-

Candler, Clifton, Folks, Head, Hodges,

Holcombe, Hudson, }lcLeod,
Staten,

Tison of the 4th,
Tison of the lOth, Troutman,
~Jr. Pre~ident.

Hood 31. Hoyle 13.

Upon calling the roll of the House, the result was as follows:

Those voting for Mr. Hood are Messrs.-

Adama, Alston, Anderson of :Newton, Awtry, Barksdale, Barron, Berry,

Harrison, Hogan, Howell of Pickens, Hudson, Humber, Irvine, Johnson of Cla;v,

Reese, Roney, Russell, Sheffield of Early, Sheffield of Miller, Sibley, Smith of Walton,

THURSDAY, NOVEMBER 21, 1878.

185

Bleckley, Branch, Burch, Cannou, Chapman, Colley, Collins, Cook, Cox of Troop, Crawford, Cunningham, Dam of Houston, Dickin, Dozier, Fort, Fuller, Grant, Glover, Greene of Baldwin, Hall, Hammond, Harrell, Harris,

Johm!on of Johnson, Kimsey, King, Lang, Lhingston, Luftman, )fathews, :!\Iaund, ::IIeDonald, )!cGouirck, McLlUID.s, llicBae, lie\Vhorter, :\:Iilner, 1\fitchell, Xorthern, Paine, Patterson, Paull, Perkins, Phillips of Coffee, Polbill, Pope,

Strickland, Strother, Tali.aferro, Tarver, Tate, Tatum, Thomas, Toole,
Turner of Brooks,
IV alters, Welch, Westbrook, Wheeler, Wilcox, IVilliams of Columbia, Williams, C. W.
Williamf!t F. J.
Wi!lingham, Wilson, Wright. Yancey, Zellner,
Mr. Speaker.

Those voting for :Mr. Hoyle are Messrs.~

Anderson of ::Morgan, Ford,

Anderson of Pulaski, Gammage,

Bell,

Garrard,

Bennett)

Greene of Madison,

Bird,

Hanks,

Brannon,

Harp,

Brantley,

Henderson,

Brintle,

Hill,

Buchan,

Hollis,

Butler,

Howell of Lowndes,

Butt,

Hulsey,

Carr,

Hutcbin~,

Chambers,

lvey,

Clegg,

Jan~,

Cox of Harris,

Jordan of Crawford,

Daniel,

Jordan of Wilkes,

Davison,

Kendrick,

Pe~.

Kirby,

Oliver, Park, Peacock, Phillips of Carroll, Phillips of Cobb, Phinizy, Pilm, Prescott,
Rankin, Redwine, Riden,
Roach, Roberts, Rogers,
Scrum!s,
Shannon, Sharman, Sikes,

186
DuBose, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher,

JouRNAL OF THE HousE.

Lamb, 1\'IcAfee, McConnell, )\filler of Houston, :Miller of Liberty, :M:ynatt, Nisbet,

Sims, Smith of Butts, Turner of Coweta, Vick, Wall, 'Valton, 'Veehnnt.

Those not voting are Messrs.-

Born, Davis of Baker, Gray,

Jamison, McCurry, Poppell,

Puckett, Smith of Oglethorpe, Wilmot.

Arthur Hood 88. L. C. Hoyle 78. Not voting 9.

Upon counting and consolidating the vote, it appeared that the total number of votes cast was 210necessary to a choice 106-that Arthur Hood had received 119 votes, and that L. C. Hoyle had received 91 votes.

Mr. Hood having received a majority of all the votes cast, was declared duly elected Judge of the Superior Court of Pataula Circuit for the four years beginning January 1, 1879.

The next election in order was for a Judge of the Rome Circuit. The following nominations were made: T. W. Alexander, J. W. H. Underwood, C. N. Featherstone and W. H. Dabney, of Floyd.
Upon calling the roll of the Senate, the result was as follows:
Those voting for Mr. Underwood are Messrs.-

THURSDAY, NOVEMBER 21, 1878.

187

Boyd, Bower, Bryan,
Cabaniss,
Ca~y,
Clarke, Clements of the 15th, Olemmts of the 44th,
Cumming,
Drake,

Fain, Folks, Grantland, Grimes, Hamilton of the 14th, Hamiltun of the 21st, Hawki1111, Hodges, Holton,
llud~on,

Lumpkin, McDaniel, McLeod, Simmons,
Staten, Tison of the 4th, Tison of the lOth, Tmutman, W'ellborn.

Those voting for Mr. D&bney &re Messrs.-

Camller, Head,

Perry,

8tephenR.

Those votlog for Mr. Alexander are Messrs.-

Clifton, Holcombe,

Howell, Preston,

'l'umer, :Mr. President.

'rbose voting for Mr. Featherstone are Messrs.

Duncan,
DuBose,

Harrison,
Ru~~Sell,

Speer.

Underwood 29. Dabney 4.. Alexander 6. Fe~.therstone 6.

Upon calling the roll of the Honse, the result was as follows:

Those voting for :Mr. Underwood are Messrs.-

Anderson of Morgan, Hlnk~, Anl!eraon of Puleld, Harrell,

R~e;P,
Blden,

'

Awtry,

Harria.

Boherts,

Blmm,

Harrimm,

B'lprs,

Berry,

Hill, .

1:\ntnell,

BleeK'ey,

Howell of P:ekens, s~rnggt',

Branch,

Hntchina.

S'lannon,

:Snmh,

l vef,

811arman,

188

JouRNAL oF THE HousE.

Entler, Bntt, C:\onon, Chambers, Clegg, Crawford, Cunningham, Davis of Baker, Dick in, Duggar, Dnpree, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gamm&.j!'e, Garrard, Grant, Glover, Greene of Baldwin, Greene of Madison, Hall,

Johnson of Clay, Sheffield of Early,

Johnson oi Johnson, I::Hbley,

Kimsey,

Sikes,

King,

Smith of O~lethorpe,

Kirby,

Smith of Walton,

Lamb,

Strickland,

Lang,

Strother,

Luffman,

Taliaferro,

McAfee,

Tarver,

McConnell,

Turner of Brooks,

McDonald,

Tnrner of Coweta,

McWhorter,

Vick,

Milner,

Wall,

Oliver,

Weehunt,

Paine,

Welch,

Patterson,

Westbrook,

Paull,

Wilcox,

Peacock,

Williams of Columbia,

Perkins,

WilliamP, C. W.

Phillips of Cobb,

William~, F. J.

Phll!ip 3 of Coffee, Willingham,

Phinizy,

Wright,

Pike,

Zellner,

Prescott,

Mr. Speaker.

!tedwine,

Those voting for 1\fr. Featherstone are l\fessrs.-

Anderson of Newton, DeLoach,

Barksd!ile,

DaBlse,

Bell,

Duvall,

Bennett,

Harp,

B'rd,

Henderson,

Brannon,

Hogan,

Bnchan,

Hudson,

Cook,

Janes,

Cox of Harris,

Jordan of Crawford,

Cox of Troup,

Kendrick,

Daniel,

Mathews,

1\faund, McLucal!, Nisbet, Norlhern, Pothill, Roney, Sims, Walters, Walton, Wilson.

Those voting for 1\fr. Dabney are Messrs.-

Adame,
Brintl~,
Uhapman1

Howell of LowndeF, Phillips of Carroll,

Hulsey,

Pope,

Irvine,

R1nkin,

THUHSDAY, NOVElVIBER 21, 1878.

189

Colley, Collins, DlVis of Houston, Davison, Grsy, Hollis,

Jordan of Wilkes, Li'l>ingston, McGou.irck, McR:\P, MyMtt,
P.1rk,

R:~acb,
S l:!effield of Miller, Tatum, Tbomas, Toole, Wheeler.

'fhose voting for Mr. Alexander are :Messrs.-

Alston, Carr, Hammond, Humber,

Miller of Hou~tnn, Miller of L'berty, Mitchell,

.tatP, Wilmot, Yancey.

Those not voting are Messrs.-

Born, Brantley, Dozier,

Jamison, McCurry, PJppall,

Puckett, Scnith of Butts.

J. W. H. Underwood 98. C. N. Featherstone 32. "'\V. H. Dabney 27. T. "'\V. Alexander 10. Not voting 8.

Upon counting and conl:5olidating the vote, it appearing that the total number of votes cast was 211necessary to a choice 106-that J. "'\V. H. Underwood had received 127 votes; that T. vV. Alexander had received 16 votes ; that "'\Y. H. Dabney had received 31 votes, and that C. N. Featherstone had received 37 votes.

J. W. H. Underwood having received a majority of all the votes cast, was declared duly elected Judge of the Superior Court of the Rome Circuit for the four years commencing January 1, 18i9.

The next election in order was for a Judge of the Southern Circuit. Aug. H. Hansell was nominated .

....
~

190

JouRNAL OF THE HousE.

Upon calling the roll of the Senate, the result was a follows:

Those voting for Mr. Hansell are Messrs.-

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements of the 15th, Clements of the 44th, Clifton, Cumming, Drake, DuBose, Duncan, Fain,

Folks,

':\1cLeod,

Grantland,

Perry,

Grimes,

Preston,

Hamilton of the 14th, Russell,

Hamilton of the 21st, Simmons,

Hawkins,

Speer,

Head,

Staten,

Hodges,

Stephens,

Holcombe,

Tison of the 4th,

Holton,

Tison of the 1oth,

Howell,

Troutman,

Hudson,

Turner,

Lumpkin,

'Vellborn,

McDaniel,

Mr. President.

Not voting Mr. Harrison.

Hansell 43. Not voting 1.

Upon calling the roll of the House, the re::mlt was a follows:

Adams, Alston, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Awtry, Barksdale, Bell, Bennett, Berry, Bleckley, Branch,

Hammond, Hanks, Harrell, Harp, Harris, Harrison, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey,

Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Prescott, Rankin, Redwine, Reese, Riden, Roach,

THGRSD.AY, NovEMBER 21, 1878.

191

Brannon, Brantley, Brintle, Buchan, Burch, Butler, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Collins, Cook, Cox of Harris, Cex of Troup, Crawford, Cunningham, Danit!, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, DuBose, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Garrard, Grant, Gray, Glover, Greene of Baldwin, Greene of Madison,

Humber, Hutchins, Irvine, Ivey, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Livingston, Luffman, Mathews, l\Iaund, McAfee, McConnell, McGouirck, McLucas, McRae, Mc\Vhorter, Miller of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Perkins, Phillips of Carroll,

Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharinan, Sheffield of Early, Sheffield of Miller, Sibley, Sikes, Sims, Smith of Oglethorpe, Smith of Walton, Strickland, Strother, Tarver, Tate, Tatum, Thomas, Toole. Turner of Brooks, Turner of Coweta, Vick, \\'alters, \Valton, \Veehunt, \Velch, Westbrook, \\'heeler, \Vi ! c o x , Williams, C. W. Williams, F. J. Willingham, Wilmot, Wilson, Wright, \Yancey, Zellner, Mr. Speaker.

192

JouRNAL oF THE RousE.

Those not voting are Messrs.-

Barron, Bird, Born, Colley, Dozier, Gammage,

Hall, Henderson, Hill, Jamison, :McCurry, McDonald,

Poppell, Puckett, Smith of Butts, Taliaferro, Wall, Williams of Columbia.

Augustin H. Hansell157. Not voting 18.

Upon counting and consolidating the vote, it appearing that the total number of votes cast was 200necessary to a choice 101-that Augustin H. Hansell had received 200 votes.

Augustin H. Hansell having received a majority of all the votes cast was declared duly elected Judge of the Superior Court of the Southern Circuit for the four years commencing January 1, 1879.

The next election in order was for a Judge of the Western Circuit.

The following nominations were made: Alexander S. Erwin, of Clarke; Samuel J. \Vinn, of Gwinnett, and John B. Estes, of Hall.

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

Those voting for Mr. Erwin are Messrs.-

THURSDAY, NOVE.Wnm 21, 1878.

193

Bower, Casey, Olarke, Clifton,
Cumming,
Dmke, DuBose, Duncan, Folks,

Grantland,
Grimes, Hamilton of the 14th, Hamilton of the 21st,
Hawkins, Hodses, Hudson, Lumpkin, McDaniel,

Perry, Preston, Speer, Staten, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Turner.

Those voting for Mr. Wynn are Messrs.-

Bryan, Cabaniss, Candler, Head,

Holcombe, Howell, Russell,

Simmons. Wellborn, Mr. President.

Those voting for Mr. Estes are Messrs.-

Boyd,

Clements of the 44th, Holton,

Clements of the 15th, Fain,

McLeod.

Not votiBg, Mr. Harrison.

Erwin 27. WynnlO. Estes ft. Not voting 1.

Upon ca.lling the roll of the Honse, the reault wu as follows:

Those voting for Mr. Erwin are Messrs.-

AdlllWI, Alston, .Anderson of Morgan, Ba:rkmale, Bell, Bird, Bleckley, Branch,
lS

Gray, Glover, Hammond, Hankey Harrell,
Ha.rp, Harrill,
Henderson,

Phillips of Coflee, !'nihill, Pope,
Prescott, Roach, Roberts, Rogers. Roney,

194

JOURNAL OF THE Hou::m.

Brantley, Buchan, Burch, Butler, Cannon, Carr, Chambers, Clegg, Colley, Collins, Cook, Cox of Troup, Crawford, Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, DuBose, Dupree, Duvall, Elder, Farnell, Fitzgerald, Ford, Fort, Gammage, Garrard, Grant,

Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hulsey, Hutchins, Ivey, Johnson of Clay, .Jordan of Wilkes, Lamb, Lang, Livingston, Lutfm3n, ::\Iathewg, ::\IcDonald, ~Ic Whorter, ::\Iillet of Houston, ::\Iiller of Liberty, Milntr, )Iitchell, Nisbet, Northern, Oliver, Paine, Park, Patterson, Peacock, Phillips of Cobb,

Russell, Shannon, Sheffield of Early, Sheffield of ~!iller, Sibley, Sims, Smith of Oglethorpe, Smith of walton, Strickland, Htrother, 'aliaferro, Tate, Toole, Turner of Brook~, Vick, Wall, \Valters, Welch, westbrook, \Yilcox, Williams of Columbia, Williams, C. W. Willingham, \Yilmot, \Vi !sou, Wright, Yancey, Zellner, Mr. Speaker.

Those voting for Mr. Estes are 1\fessrs.-

Anderson of Newton, Anderson of Pulaski, Awtry, Barron, Bennett, Berry, Brannon, Brintle, Butt, Cox of Harris, Duggar,

Harrison, Jordan of Crawford, Kendrick, Kimsey, King, l\Iaund, )fcAfee, :McConnell, l\lcGouirck, :McLucas, McRae,

Pike, Rankin, Redwine, Reese, Scruggs, Sharman, Sikes, 'Tarver, Thomas, Walton, Weehunt,

TnuRSD.AY, No~El\1BER 21, 1878.

195

Fletcher, Fuller, Greene of )ladison.

Paull, Phillips of Carroll,

Wheeler,
Williams, F. J.

Those voting for .Mr. wynn are Messrs.-

Uhapmun, Cunningham, Greene of Baldwin, Hall,
Hud~on,

Humber, Irvine,
Jane~,
)lynatt,

Phinizy, Riden, Tatum, Turner of Coweta,

Those not voting are Messrs.-

Born, Dickin, Dozier, Jamison,

.Johnson of Johnson, Kirby, )!<'Curry, Perkins,

Poppell, Puckett, Smith of Butts.

Alex. S. Irwin 112. J. B. Estes 40. S. B. '\Vynn 13. Not voting 10.

Upon counting the vote and consolidating the same, it appeared that the total number of votes cast was 208-necPssary to a choice 105-that Alex. S. Erwin had received 139 votes; that Samuel J. Wynn had received 23 votes, and that John B. Estes had received 46 votes.
Alex. S. Erwin having received a majority of all the votes cast was C!eclared duly elected Judge of the Superior Court for the '\Vestern Circuit for the four years commencing January 1, 1879.
The joint session was then dissolved to ten o'clock to-morrow morning.
The House adjourned till tv-morrow morning at ten o'clock.

196

JouRNAL OF THE HousE.

ATLANTA, GEORGIA,
Friday, November 22, 1878.
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. Buchan, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
Mr. Sheffield, of Miller, rose to a question of privilege, and was heard thereon by the House.
Mr. Riden, Mr. Oliver and Mr. Shannon were granted leave of absence for Saturday on occount of pressing business.
Mr. Buchan, Mr. Glover, Mr. Puckett, Mr. F. J. vVilliams and Mr. Jordan, of Crawford, were granted leaves of absence for a few days on account of important business.
Mr. Howell, of Pickens, was granted leave of absence for a few day~:~, on account of sickness in his family.
The Committee on the Academy for the Blind were granted leave of absence for one day, for the purpose of visiting that institution.
At the request of the Committee on the Academy for the Blind, Mr. Carr was added to that committee.
On the recommendation of the Committee on Privi-

FRIDAY, NovEMBER 22, 1878.

197

leges of the Floor, Ron. Nelson Tift was invited to a seat on the floor.

The regular order of business-the call of the roll of counties, for the introduction of new matter-was taken up, and the following bill introduced, read the first time and referred to the Committee on Corporations:

By Mr. ButtsA bill to amend section 695 of the Code of 1873, by adding a proviso thereto.

The following bills were introduced, read the first time and referred to the Committee on the Judiciary:
By Mr. BrantleyA bill to establish Inferior Courts in the several counties of this State.
By Mr. Cox, of TroupA bill to make it a high misdemeanor, and punishable as prescribed therein, for any official or clerk, or employee of official, etc.

The following bill was inlroduced, read the first time and referred to the Committee on Public Printing:
By Mr. AwtryA bill to prescribe the manner, terms and specifications for letting the public pringtin~ to the lowest bidder.

The following bill was introduced, read the first time and referred to the Committee on Counties and County Lines :
By Mr. ChapmanA bill to carry into effect paragraph J, section 2, article 11, of the Constitution of Georgia, giYing the

198

JOURNAL OF THE HoUSE

election of County Judge to the qualified voters of the respective counties.

The following bill was read the first time aml referred to the Committee on 'Vild Lands :
By Mr. MaundA bill to repeal an act, approved Febrvary 28, 1874, regulating the manner of giving in wild lands for taxation, and the redemption thereof.

Leave of absence was granted to the following members of the Committee on the Penitentiary to visit certain convict camps, viz: Messrs. Brantley, Johnson, of Johnson, and Lang, of Charlton.

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

Mr. Speaker:

I am instructed by the Senate to inform the Honse that it has concurred in the House resol ntion inYiting the Superintendents of the Institution for the Deaf and Dumb, and the Institution for the Blind, to appear before the Gener:1.l Assembly.
The hour of eleven o'clock A. ::~r. 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 first business before the General Assembly was the election of a Judge of the Superior Court of the Atlanta Circuit to fill the unexpired term of Cincinnatus Peeples, deceased.
George Hillyer, of Fulton, was -put in nomination,

FRIDAY, NovEMBER 22, 1878.

199

Upon calling the roll of the Senate, the result was as follows, namely :

Those voting for Mr. Hillyer are Messrs.-

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements of the 15th, Clifton, Cumming, Drake, DuBose, Duncan, Fain,

Folks,

McDaniel,

Grantland,

McLeod,

Grimes,

Perry,

Hamilton of the 14th, Preston,

Hamilton of the 21st, Russell,

Hawkins,

Speer,

Head,

Staten,

Hodges,

Stephens,

Holcombe,

Tison of the 4th,

Holton,

Tison of the lOth,

Howell,

Turner,

Hudson,

Wellborn.

Lumpkin,

Mr. President.

Those not voting are Messrs.-

Clements of the 44th, Simmon~, Harrison,

Troutman.

George Hillyer 40. Not voting 4.

Upon calling the roll of the House the result was as follows:

Those voting fo1 Mr. Hillyer are Messrs.-

Adams, Alston, Anderson of :Morgan, Anderson of Newton, Anderson of Pulaski, Awtry, Bell, Bennett, Berry, Bird,

Hammond, Hanks, Harrell, Harp, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes,

Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Prescott, Puckett, Rankin, Redwine, Reese,

...

200

Jou&-NA~ OF THE HousE.

Bleckley,

Howell of Pickens,

Branch,

Hudson,

Brannon,

Hulsey,

Brantley,

Humber,

Brintle,

Hutchin~,

Buchan,

Irvine,

Burch,

Ivey,

Butler,

Janes,

Butt,

Johnson of Cla),

Cannon,

Johnson of Johnson,

Carr, Chambers,

Jordan of Crawford, Jordan of 'Vilke~,

Chapman,

Kendrick,

Clegg,

Kimsey,

Colley,

King,

Collins,

Lamb,

Cook,

Lang,

Cox of Harris,

Livingston,

Crawford,

Luffman,

Cunningham,

Mathews,

Daniel,

Maund,

Davis of Baker,

McAfee,

Davis of Houston,

:!\1cConnell,

Davison,

McGouirck,

DeLoach,

McLuca.o,

DuBose,

McRae,

Duggar,

2.\:l:c 'Whorter,

Dupree,

Miller of Houston,

Duvall,

Miller of Liberty,

Elder,

Milner,

Farnell,

Mitchell,

Fitzgerald,

Mynatt,

Fletcher,

Nisbet,

Ford,

Northern,

Fort,

Oliver,

Fuller,

Paine,

Gammage,

Park,

Grant,

Patterson,

Gray,

Paull,

Glover,

Peacock,

Greene of Baldwin, Perkins,

Greene of Madison, Phillips of Carroll,

Hall,

Phillips of Cobb,

Those not voting are Messrs.-

Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sheffield of Miller, Sibley, Sikes, Sims, Smith of Butt.o, Smith of Oglethorpe, Smith of Walton, Strickland, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta, Vick,
'Vall, 'Valters, 'Valton, weehunt, Welch, 'Vheeler, Wilcox, 'Villiams of Columbia, Williams, C. W. 'Villingham, Wilmot, Wilson, 'Vright, Yancey, Zellner, ~fr. Speaker.

...

FRIDAY, NOVEMBER 22, 1878.

201

Barksdale, Barron, Born, Cox of Troup, Dickin, Dozier,

Garrard, Harris, Jamison, Kirby, McCurry,

McDonald, Poppell, Strother, 'Vestbrook, 'Williams, F. J.

George Hillyer 159. Not voting 16.

Upon counting the vote aud consolidating the same, it appeared that the total number of votes cast was 199-necessary to a choice 100-that George Hillyer had received 199 votes.

George Hillyer, of Fulton, having received a majority of all the votes cast, was declared duly elected Judge of the Superior Court for the Atlanta Circuit, to fill the vacancy caused by the death of Cincinnatus Peeples, his term of office to expire January 1, 1881.

The next election in order was for a Judge of the Southwestern Circt1it to fill the vacancy caused by the death of .James l\L Clarke, tlw term to expire January 1, 1881.

Charles F. Crisp was put in nomination.

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

Those voting for Mr. Crisp are Messrs.-

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke Clements of the 15th,

Grantland, Grimes, Hamilton of the qth, Hamilton of the 21st, H<1rrison, Hawkins, Head, Hodges,

McLeod, Perry, Preston,
Ru~;sell,
Simmons, Speer, Staten, Stephens,

202

JouRNAL OF 'l'HE HousE.

Clements of the 44th, Clifton, Cumming, Drake, DuBose, Duncan,

Holton, Howell, Hudson, Lumpkin, McDaniel,

Tison of the 4th, Tison of the 10th, Turner, \Vellborn, Mr. President.

Those not voting are Messrs.-

Fain, Folks,

Holcombe,

Troutman.

Crisp 40. Not voting 4.

Upon calling the roll of the Honse, the result was as follows:

Those voting for Mr. Crisp are Messrs.-

Alston, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Awtry, Barron, Bell, Bennett, Berry, Bird, Bleck ley, Branch, Brintle, Buchan, Burch, Butler, Butt, Cannon, . Carr, Chambers, Chapman, Clegg, Colley, Collins,

Harrell, Harp, Harris, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey, Janes, Johnson of Clay, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey. King, Kirby,

Phinizy, Polhill, Pope, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russpll, Shannon, Sharman, Sheffield of Early, Sheffield of Miller, Sibley, Sikes, Sims, Smith of Butts, Smith of Oglethorpe, Smith of 'Valton, Strother,

FRIDAY, NOYEMBER 22, 1878.

203

Cox of Harris, Crawford, Cunningham, Dan it!, Davis of Baker, Davis of Houston, Davison, DeLoach, Duggar, Dupree, Duvall, Farnell, Fitzgerald, Ford, Fort, Fuller, Gammage, Grant, Gray, Glover, Greene of Baldwin, Greene of Madison, Hall, Hammond, Hanks,

Livingston, Luffman, Mathews, Maund, McAfee, McConnell, McGonirck, McLucas, McWhorter, Miller of Houston, Miller of Liherty, Milner, Mitchell, Mynatt, Nisbet, Korthern, Oliver, Paine, Park, Paull, Peacock, Perkins, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee,

Taliaferro, Tarver, Tate, Tatum, Thomas, Toole. Turner of Brooks, Turner of Coweta, Vick, \Vall, \\'alters, \Val ton, \Yeehunt, \Velch, \Vestbrook, Wheeler, Wilcox, Williams of Columbia, Williams, C. W. Wilmot, \Yi!son, \Vancey, Zellner, Mr. Speaker.

Those not voting are Messrs.-

Adams, Barksdale, Born, Brannon, Brantley, Cook, Cex of Troup, Dickin, Dozier, DuBose,

Elder, Fletcher, Garrard, Jamison, Johnson of Johnson, Lamb, Lang, McCurry, McDonald, McRae,

Patterson, Pike, Poppell, Prescott,
Scruggs, Stric'dand,
Williams, F. J.
Willingham, Wright.

Charles F. Crisp 146. Not voting 29.

Upon counting and consolidating the vote, it appearing that the total number of votes cast was 186-

204

JOURNAL OF 1'H.ll: HOUSE.

necessary to a choice 94-that Chnrles F. Crisp had received 186 votes.

Charles F. Crisp having received a majority of all the votes cast was declarPd duly elected Judge of the Superior Court of the Sonthwestern Circuit to fill the vacancy caused by the death of James M. Clarke, his term of office to t>xpire .January 1, 1881.

The next election in order was for a Judge of the Macon Circuit to fill the vacancy caused by the death of Barnard Hill, for the term ex-piring January 1, 1879.

,V. L. Grice, of Houston, was put in nomination.

Upon calling the roll of the Senate, the vote was as follows:

Those voting for Mr. Grice are Messrs.-

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements of the 15th, Clifton, Cumming, Drake, DuBose, Duncan, Folks,

Grantland, Grimes, Hamilton of the 14th, Harrison,
Hawkia~,
Head, Hodges, Holton, Howell, Hudson, Lumpkin, 3IcDaniel, 3IcLeod,

Perry, Preston, Russell, Simmons, Speer, Staten, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Turner, Wellborn, Mr. President.

Those not voting are Messrs.-

Clements of the 44th, Hamilton of the 21st, Fain,
W. L. Grice 40. Not voting, 4.

Holcombe.

FRIDAY, NovEMBER 22, 1878.

205

Upon calling the roll of the House, the result was as follows:

Those voting for Mr. Grice are Messrs.-

Adam;;,

Glowr,

Alston,

Greene oi Baldwin,

Anderson of :\Iorgan, Greene of :Madison,

Anderson of Xewton, Hammond,

Anderson of Pulaski, Hanks,

Awtry,

Harrell,

Barron,

Harris,

Bell,

Harrison,

Bennett,

Henderson,

Berry,

Hill,

Bird,

Hogan,

Bleckley,

Hollis,

Brunch,

Howell of Lownde8,

Brannon,

Hudson,

Brantley,

Hulsey,

Brintle,

Humber,

Buchan,

Hutchins,

Burch,

Irvine,

Butler,

hey,

Butt,

Johnson of Clay,

Cannon,

Johnson of Johnson,

Carr,

Jordan of Crawford,

Chambers,

Jordan of Wilkes,

Chapman,

Kendrick,

Clegg,

Kimsey,

Collins,

King,

Cook,

Lamb,

Cox of Harris,

Lang,

Cox of Troup,

Livingston,

Crawford,

Luffman,

Cunningham,

Mathews,

Daniel,

}Iaund,

Davis of Baker,

::\IcAfee,

Davis of Houston, McConnell,

Davison,

l\icGouirck,

DeLoach,

McLucas,

Dickin,

l\IcRae,

DuBose,

Me "\Vhorter,

Duggar,

Miller of Houston,

Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Prescott, Puckett, Rankin, Redwine, Riden, Roberts, Rogers, Roney, Russell, Shannon, Sharman, Sheffield oi Early, Sibley, Sikes, Sim;;, Smith of Butts, Smith of Oglethorpe, Smith of walton, Strickland, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta, Vick, Wall, 'IV alters, "\Val ton, "\Veehunt,

206

JOURNAL OF THE HoUtSE.

Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray,

l\Iiller of Liberty, }filner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Phillips of Carroll,

\Velch, \V estbrook, wheeler, \Vilcox, \Villiams of Columbia, Williams, C. W. Willingham, Wilmot, Wilson, Wright. Yancey, Zellner, 1\Ir. Speaker.

Those not voting are Messrs.-

Barksdale, Born, Colley, Dozier, Hall, Harp, Howell of Pickens,

Jamison, Janes, Kirby, McCurry, 2.\IcDonald, Perkins,

Poppell, Reese, Roach, Scruggs, Sheffield of Miller, Williams, F. J.

W. L. Grice 156. Not voting 19.

Upon counting and consolidating the vote, it ap- ~ pearing that the total number of votes cast was 196necessary to a choice 99-that vV. L. Grice had received 196 votes.
W. L. Grice having received a majority of all the votes cast, was declared duly elected Judge of the Superior Court for the Macon Circuit, to fill the vacancy caused by the death of Barnard Hill, his term to expire on the 1st day of January 1879.

The next election in order was for a Judge of the Pataula Circuit to fill the vacancy caused by the resignation of W. D. Kiddoo, for a term to expire January 1, 1879.

FlW>AY, NOV:EllBER 22, 1878.

207

Arthur HooJ, of Randolph, was put in nomination.

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

Those voting for Mr. Ho~d are Mt'ssrs.-

Boyd,
Bower, Bryan, Cabaniss, Candler, Casey, Clarke,
Clements oi the 15th, Clift!m,
Cumming,
Drake,

DuBo:;e, Duncan, U:rantland, Urimes, Hamilton of the Hth, Hlmliltw of the 2M, Harri;;w,
Hodges, 1-:Iolton, Howell, Ltu:upkin,

licDnniel, licLeocl, Perry, Preston, Speer, !:ltephens, Ti~<on of the J:t!J, Ti!<On of the lOth, Turner, 1Ir. President.

'fhose not voting are Messrs.-

Clements of the 44th, Fain, Folks, HMvkins,

Head, Holcomhe, Hudson,
Btm~elJ..

' Arthur Hood 32. Not ':oting 11.

!:limmons, Staten, Troutman, Wellborn.

Upon calling the roll of the House, the result was as follows:

Those voting for l!r. Hood are Messrs.-

Adams,

Glover,

Alston,

GNl'ne of Baldwin,

Anderson of Morgan, Greene of Madison,

AndrRn of llewtoTt. Hall,

Anderson of Pu'ssld, Hammond,

A wtrv,

Hauka,

llarmn,

Ham:eU.

Ph1llips of o.~trdP, Phinfzv, PkP, Po hiJI, P.lp"',
Prei:Wiltt,
Pucldtt,

208

JouRNAL OF THE HousE.

Bell, Berry, Bird, B!ec'k:ley, Branch, Brannon, Brintld, Buchan, Burch, Blltler, Butt, Cannon, Carr, Chambers, Obapman,
C::~lley,
O;,llins, CJok, Cox of Ha.rris, Cox e>f Troup, Crawford, Cunningham, D.iniel, Da.vis of Baker, D nis of Houston, Davison, DeL1acb, Dick'n, DuBJse, Duggar, Dupree, Elder, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammaj!'e, Garrard, Grant, Qray,

Harp, Harrison, Henders:m, Hill, .
Hogan, Hollis, H;well of Lownder, Howe!l of Picken~, Huds'ln, Hulsey, Humber, Hutchins, Ivey, Johnson of Clay, Johnson oi Johnson, Kimeey, King, L!lmb, L'vingston, Luffman, Mathews, l'hund, McAfee, McConnell, McD:>nald, McGollirck, McLncaP, McRaE>, M.iller of HJuston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Park, Patterson, Paull, Peacock, Phillips of Cobb,

&nkin, Redwine, Reese, Riden, Roach, Roberts,
Roger~,
Roney, Russell, ScroggF, S'1annon, Sl:leffield of Euly, S 1effield of Miller, :Sibley,
Sike~,
Sime, Smith of ButtP, Smith of Oalethorpe
S~rickland,
Taliaferro, Tarver, Tatum, Thomae, Toole, Turner of Brooks, Walters, Walton, Weehont, Welch, Westbrook, Wheeler, Wilcox, Willia.ms of Columbil William~, C. W. Willingham, Wilmot, Wilson, Wright,
Yancey,
Z~llner,
Mr. Speaker.

Those not voting are Messrs.-

FRIDAY, NovE:IIBEH 22, 1878.

209

Barksd&le, Bennett, Born, Brantley, Clegg, Dozier, Duvall, Farnell, Harris, Irvine, Jamison,

Janes, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kirby, L<tng, McCurry, McWhorter, Paine, Perkins,

Phillips of Carroll, Poppell, Snarman, Smith of Walton, Strother, Tate, Turner of Coweta, Vick, Wall, WilliamP, F. J.

Arthur Hood 144. Not voting 31.

Upon counting and consolidating the vote, it appeared that the total number of votes cast was 176necessary to a choice 89-that Arthur Hood bad received 176 votes.

Mr. Hood having received a majority of all the votes cast, was declared duly elected Judge of the Superior Court of Pata ula Circuit to fill the vacancy caused by the resignation of \V. D. Kiddoo, for the term to ex pire January 1, 1879.

The next election in order was for a Judge of the Flint Circuit to fill the vacancy caused by the resignation of John I. Hall, for a term to expire January 1, 1879.

A. l\1. Speer was nominated.

Upon calling the roll of the Senate, the result was as follows, namely :

'rhose voting for :Mr. Speer are Messrs.-

Bower, Bryan,
i4 Cabaniss

FolkH, Grantland, Grimes,

:\IcDaniel, ::\IcLeod, Perry,

210

JouRNAL oF THE HousE.

Candler, Casey, Clarke, Clements of the 15th, Clifton, Cumming, Drake, DuBuse, Duncan, Fain,

Hamilton of the 14th, Hamilton of the 21st, Hawkins, Head, Hodges, Holton, Howell, Hudson, Lumpkin,

Preston, Simmons, Speer, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Turner, Mr. President.

Those not voting are Messrs.-

Boyd, Clements of the 44th, Harrison,

Holcombe, Russell,

Staten, 'Vellborn.

.A.M. Speer 37. Not voting 7.

Upon calling the roll of the House, the result" follows:

Those voting for Mr. Speer are Messrs.-

.Alston, .Anderson of 1\'Iorgan, .Anderson of Newton, .Anderson of Pulaski, Bell, Berry, Bird, Blecldey, Branch, Brannon, Brintle, Buchan, Butler, Butt, Cannon, Chambers, Chapman, Collins, Cook,

Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey, Janes, Johnson of Clay, Jordan of wilkes, Kendrick, Kimsey, King,

Pike, Polhill, Pope, Prescott, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early Sibley,

FRIDAY, N OVE:M.:BER 22, 1878.

211

Cos of Hlll'l'is, Crawford,
Cumdng~
Daniel, Davis of Houston, Davison, DeLoach, Dickin, Dallose, Duggar, Du;pree, Duvall, Elder, Fa.rneli, Fitzgerald,
Fletcher, Fori!, Fort,
Fuller, Ga.mmage, Garrard,
Grant. Glover, Greene of Baldwin, Greene of l\:Ia.dison, Hall, Hammond, Hanks, Harrell, Harp.

Lamb,
Lang,
Livingston, Luffman, Mathews,
M~~m~d,
Jl,fcA.fee, MoConnell, MaGouirck, McLucas, l\!I'DBae, :1\'IcWhorter, }filler of Houston, Miller of Liberty, l\-Iilner,
Mitchell, lfynatt, Nisbet,
Northern. Oliver, Paine,
Park, Pa.tteuon, Paull, Peacock, Perkins, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy,

Those not voting are Messrs.-

.A.da.ms,

Colley,

Awtry,

Cox of Troup,

:Barksdale,

Davis of Baker,

:Barron,

Dozier,

Bennett,
Born.
:Brantley,

Gray,
Harris, Jamison,

Burch, Carr,

Johnson of Johnson,
Jordllll of Crawford.

Clegg,

Kirby,

Ron. Mr. Speer 146.

:Not voting W.

Sikes, Sims, Smith of :Butts, Smith of Walton, Strickllllld,
'I'a.lia~
Tarver, Tate, 'I'&tum, Thomas, Toole, Turner of Brooks, Turner of Coweta, Vick, 1Vall, Walton, Weehunt. Welch, Westbrook, Wheeler, Wilcox, Williams of Columbia, Williams, C. W. Wilmot, Wilson, Wright, Yancey, Zellner, Mr. Speaker.
1\tcOurry,
McDonald, Poppell, Sheffield of Miller, Smith of Oglethorpe, Strother, Walters, Williams, F. J. Willingham.

212

JOURNAL OF THE HousE.

Upon counting the vote and consolidating the same, it appeared that the total number of votes cast was 183-necessary to a choice 92-that A. M. Speer had received 183 votes.

Mr. Speer having received a majority of all the votes cast, was declared duly elected Judge of the Superior Court of the Flint Circuit, to :fill the vacancy caused by the resignation of John I. Hall, for the term to expire January 1, 1879.

The-election:next in order was for a Solicitor-General of the Ocmulgee Circuit to fill the vacancy caused
by the resignation of Jas. vV. Preston, the term to ex-
pire January 1, 1881.

The following named gentlemen were placed in nomination:
Robert A. 'Vhitfield, of Baldwin; Fleming G. DuBignon, of Baldwin; F. C. Furman, of Baldwin; C. P. Crawford, of Baldwin; F. C. Foster, of Morgan; John A. MeWhorter, of Greene ; John W. Lindsay, of Wilkinson.

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

Those voting for Mr. Crawford are Messrs.-

Boyd, Cagey, Clarke, DuBose,

Folks, Grimes, Harrison, Holton,

Hudson, Tison of the lOth, Troutman.

Those voting for Mr. Furman are Messrs.-

Bower, Duncan, Fain,

Hawkins, Head, McLeod,

Simmons, Staten, Mr. President.

FRIDAY, NovEMBER 22, 1878.

213

Those voting for Mr. DuBignon are Messrs.-

Bryan,

Grantland,

Tison of the 4th.

Those voting for Mr. Whitfield are Messrs.-

Cabaniss, Clements of the 15th, Clifton, Drake,

Hamilton of the 14th, Hamilton of the 21st, Lumpkin,

Perry, Speer, Turner.

Those voting for Mr. Foster are Messrs.-

Candler, Cumming, Hodges,

Holcombe, Howell, McDaniel,

Preston, Wellborn.

Mr. Stephens voted for Mr. MeWhorter.

Those not voting are Messrs.-

Clements of the 44th, Russell.

Crawford 11. Furman 9.
DuBignon 3. "'\Vhit:field 10. Foster 8. Not voting 2.

Upon calling the roll of the House, the result was as follows:

Those voting for Mr. Foster are Messrs.-

Adams, Anderson of Morgan, Carr, Colley, Collins, Cunningham, Davis of Baker, Dickin,

Henderson, Howell of Pickens, Humber, Hutchins, Jordan of Wilkes, Kendrick, 1\Ic.Afee, Oliver,

Redwine, Riden, Russell, Scruggs, Shannon, Sharman, Sims, Smith of Butts,

214

JouRNAL oF THE HousE.

Elder, Fitzgerald, Greene of Madison, Hall,

Perkins, Pike, Puckett,

Smith of Walton, \Vheeler, Wilson.

Those voting for Mr. Whitfield are Messrs.-

Alston, Anderson of Pulaski, Barkildale, Bell, Berry, Burch, Chambers, Cox of Harris, Cox of Troup, Davis of Houston, DuBose, Duggar, Dupree, Fletcher, Ford, Fuller, Gammage, Gray, Hammond,

Harrell, Harris, Hogan, Hollis, Hudson, Lang, Mathews, ::.\IcRae, Milntr, Nisbet, Northern, Paull, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Polhill, Prescott, Rankin,

Reese, Roach, Roberts, Rogers, Roney, Sibley, Sikes, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Vick, \Veehunt, \Vilcox, Wilmot, Wright, Zellner.

Those voting for Mr. Crawford are Messrs.-

Bleckley, Branch, Brannon, Cannon, Clegg, Cook, Crawford, Davison, DeLoach, Duvall, Farnell, Fort, Garrard,

Harp, Hill, Hulsey, Ivey, Johnson of Clay, Kimsey, Livingston, :Maund, :McConnell, :iYicDonald,
~Iitchell,
:!.\Iynatt,

Patterson, Pope, Strother, Turner of Brook~, Turner of Coweta, \Vall, \Valton, Welch, \Vestbrook, Williams of Columbi: \Villiams, C. W. Yancey.

Those voting for Mr. Me\Yhorter are Messrs.-

Awtry, Bird, Brantley, Chapman,

FRIDAY, NOVEllfBER 22, 1878.

215

Daniel, Janes, King, :MeWhorter,

Park, Smith of Oglethorpe, Strickland, Willingham.

Those voting for Mr. Lindsey are Messrs.-

Buchan, Butler,

Glover, Irvine,

Johnson of Johnson, Peacock.

Those voting for Mr. DuBignon are Messrs.-

Lamb, Miller of Liberty,

Paine, walters,

Mr. Speaker.

Those voting for Mr. Furman are Messrs.-

Butt, Grant, Greene of Baldwin, Hanb,

Harrison, Luffman, l\IcGouirck, McLucas,

1\Iiller of Houston, Sheffield of Early, Sheffield of )filler.

Those not voting are Messrs.-

Anderson of Newton, Barron, Bennett, Born, Brintle,

Dozier, Howell of Lowndes, Jamison, Jordan of Crawford,

Kirby, McCurry, Poppell, Williams, F. J.

F. C. Foster 34. R. A. 'Vhitfield 57. C. P. Crawford 37. J. A. McWhorter 12. J. W. Lindsey 6. F. G. DuBignon 5. F. C. Furman 11. Not voting 13.

Upon counting the vote and consolidating the same, it appeared that the total number of votes cast was 203-necessary to a choice 102-that R. A. 'Vhitfield

216

JouRNAL OF THE HousE.

had received 67 votes; that C. P. Crawford had received 48 votes; that F. C. Foster bad rect>ived 42 votes; that F. G. DuBignon had received 8 votes; that J. W. Lindsay had received 6 votes; that F. C. Furman had received 20 votes ; and John A. MeWhorter had receivea 12 votes.

No one having received a majority of all the votes cast, the President declared that there had been no election.
J. W. Lindsey, F. G. DuBignon, F. C. Furman, and John A. Me \Vhorter were withdrawn.
Calvin George, of Morgan, and H. vV. Baldwin were put in nomination.

Another ballot was ordered, and upon calling the roll of the Senate, the result was as follows:

Those voting for Mr. Crawford are Messrs.-

Boyd, Bower,

Casey, Grimes,

Hawkins, Troutman.

Those voting for Mr. \Vhitfielcl are Messrs.--

Bryan, Cabaniss, Clements of the I 5th, Clifton, Drake, DuBose, Folks, Hamilton of the 14th,

Hamilton of the 21st, ILurison, Head, Holton, Hudson, Lumpkin, McLeod, Perry,

Simmons, Speer, Staten, Stephens, Tison of the 10th, Turner, Mr. President.

Those voting for Mr. Foster are Messrs.-

Candler, Clarke, Cumming, Duncan, Fain,

Grantland, Hodges, Holcombe, Howell, McDaniel,

Preston, Ruosell, Tison of the 4th, well born.

FRIDAY, NOVEMBER 22, 1878.

217

Mr. Clements, of the 44th, did not vote.
Crawford 6. Whitfield 23. Foster 14. Not voting 1.

Upon calling the roll of the Honse, the result was as follows:

Those voting for Mr. Whitfield are Messrs.-

Alston, Anderson of Pulaski, Awtry, Bell, Berry, Bird, Brintle, Buchan, Burch, Butler, Cannon, Chambers, Cook, Cox of Harris, Cex of Troup, Davis of Houston, Davison, DeLoach, Duggar, Dupree, Fletcher, Ford, Fort, Fuller, Gammage, Grant, Gray, Glover, Hammond, Hanks, Harrell, Harris,

Hogan, Hollis, Howell of Lowndes, Hudson, Irvine, Ivey, Janes, King, Lamb, Lang, Livingston, Luffman, Mathews, Maund, McAfee, McDonald, McGouirck, J\1cRae, Miller of Houston, Miller of Liberty, Milner, Mitchell, Nisbet, Xorthern, Patterson, Paull, Phillips of Carroll, Phillips of Cobb, Phi!lips of Coffee, Polbill, Prescott, Rankin,

Reese, Roach, Roberts, Rogers, Roney, Sheffield of Early, Sibley, Sikes, Smith of Oglethorpe, Stric!dand, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Vick, Wall, \Valters, \Veehunt, Westbrook, Wheeler, \Vilcox:, Williams of Columbia, Willingham, Wilmot, Wright, Yancey, Zellner, Mr. Speaker.

218

JOURNAL OF THE HOUSE.

Those voting for Mr. Foster are Messrs.-

Adams, Anderson of Morgan, Anderson of Newton, Brannon, Brantley, Butt, Carr, Chapman, Colley, Collins, Cunningham, Daniel, Davis of Baker, Dickin, DuBose, Elder, Fitzgerald, Greene of Madison,

Hall, Harp, Harrison, Henderson, Howell of Pickens, Humber, Hutchins, Johnson of Johnson, Jordan of Wilkes, Kendrick, Kimsey. McLucas, Mc\Vhorter, Oliver, Park, Peacock, Perkins, Phinizy,

Pike, Pope, Puckett, Redwine, Riden, Russell, Scruggs, Shannon, Sharman, Sheffield of Miller, Sims, Smith of Butts, Smith of Walton, Strother, Turner of Coweta, Williams, C. W. Wilson.

Those voting for Mr. Crawford are Messrs.-

Bleckley, Branch, Clegg, Crawford, Duvall,

Farnell, Garrard, Hulsey, Johnson of Clay,

McConnell, Mynatt, \Valton, welch.

Those not voting are Messrs.-

Barksdale, Barron, Bennett, Born, Dozier,

Greene of Baldwin, Hill, Jamison, Jordan of Crawford, Kirby,

McCurry,
Paine,
Poppell,
Williams, F. J.

R. A. Whitfield 9f>. F. C. Foster 53. C. P. Crawford 13. Not voting 14.

Upon counting and consolidating the Yote, it a1

FRIDAY, NovEMBER 22, 1878.

219

pearing that the total number of votes cast was 203necessary to a choice 102-that R. A. \Vhitfield had received 118 votes; that C. P. Crawford had received 18 votes ; that F. C. Foster had received 67 votes, and that H. W. Baldwin had received - votes.

Robert A. 1-Vhitfield having received a majority of all the votes cast, was declarPd duly elected SolicitorGeneral of the Ocmulgee Circuit, to fill the vacancy caused by the resignation of .Jas. \V. Preston, for the term to expire January 1, 1881.

The next election in order was for a Solicitor-General of the Oconee Circuit for the fnll term of four years, commencing January 1, 1880.
Thos. Eaton, of .Montgomery county, and J. H. Martin, of Pulaski county, were put in nomination.

Upon calling the roll of the Senate, the vote was as follows:

Those voting for Mr. Eason are Messr::s.-

Boyd, Bower, Candler, Clarke, Clements of the 15th, Clifton, Drake, Duncan, Folks,

Hamilton of the 14th, Hamilton of the 2ht, Harrison, Head, HodgeF, Holton, Lumpkin, )IcLeod,

PreRton, Simmons, Speer, Staten, Tison of the 4th, Tison of the lOth, Wellborn, )[r. President.

'fhose voting for ~fr. Martin are Messrs.-

Bryan, Cabaniss, Casey, Cumming, DuBose,

Grantland, Haw kin~, Holcombe, Howell,
Hud~on,

)fcDaniel, Perry, Russell, Stephens, Turner.

220

JOURNAL OF THE HoUSE.

Those not voting are Messrs.-

Clements of the 44th, GrimeR, Fain,
Thos. Eason 25. J. H. Martin 15. Not voting 4.

Troutman.

Upon calling the roll of the House, the result was a follows:

Those voting for Mr. Eason are Messrs.-

Adams,

Alston,

Awtry,

Bell,

Berry,

Bird,

Bleckley,

Branch,

Brannon,

Buchan,

Burch,

Butler,

Butt,

Cannon,

Chambers,

Colley,

Cook,

Cox of Troup,

Crawford,

Daniel,

Davison,

DeLoach,

Dickin,

DuBose,

Duggar,

/

Dupree,

Duvall,

Fitzgerald,

Fletcher,

Ford,

Harris, Harrison, Henderson, Hogan, Hollis, Howell of Lowndes, Howell of PickenR, Hudson, Hulsey, Humber, lvey, Janes, Johnson of Clay, Jordan of Wilkes, Kendrick, Kimsey, King, Lang, Livingston, Luffman, Mathews, McAfee, M:cGouirck, McLucas, McRae, }!iller of Liberty, }[ilner, Mynatt,
~isbet,
Oliver,

Puckett, Rankin, Redwine, Reese, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sibley, Sikes, Sims, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Strickland, Strother, Tarver, Tate, Thomas, Toole, Turner of Brooks, Turner of Coweta, Walterg, Walton, W'eehunt,
'Velch,

FRIDAY, NovEMBER 22, 1878.

221

Fort, Fuller, Gammage, Garrard, Grant, Gray, Glover, Greene of l\Iadi8on, Hall, Hanks, Harp,

Paine, Patterson, Paull, Peacock, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Pope, Prescott,

Westbrook, "Wheeler, wilcox, Williams, C. W. Willingham, "Wilson, Wright, Yancey, Zellner, 1\ir, Speaker.

Those votingJor Mr. Martin are Messrs.-

Anderson of Morgan, Anderson of Pulaski, Brintle, Chapman, Clegg, Collins, Cox of Harris, Cunningham, Davis of Baker,

Davis of Houston, Elder, Farnell, Greene of Baldwin, Harrell, Hutchins, Irvine, Lamb, Miller of Houston,

Mitchell, Phillips of Carroll, Polhill, Taliaferro, Vick, Wall, Williams of Columbia, Wilmot.

Those not voting are 1\Iessrt!.-

Anderson of Newton, Barksdale, Barron, Bennett, Born, Brantley, Carr, Dozier, Hammond, Hill,

Jamison, Johnson of Johnson, Jordan of Crawford, Kirby, J\Iaund, 1\fcConnell, )fcCurry, McDonald, McWhorter,

Northern, Park, Perkins, Poppell, Riden, Sheffield of Early, Sheffield of Miller, Tatum, Williams, F. J.

Thomas Eason 121. J. H. Martin 26. Not voting 28.

Upon counting and consolidating the vote, it appearing that the total number of votes cast was 187-

222

JouRN.AL OF THE HousE

necessary to a choice 94-that Thomas Eason had received 146 votes, and that J. H. Mal'tin had received 41 votes.

Thomas Eason having received a m::~jority of all the votes cast, was declared duly elected Solicitor-General of the Oconee Circuit, for the term of four years from January 1, 1880.

The joint session of the two Houses was, on motion, dissolved.

Leaves of absence were granted to Messrs. Smith, of Oglethorpe, and Brintle, for Saturday, on account of business, and to Mr. \V"illingham till Tuesday at 12 o'clock, on account of pressing business.

The House adjourned till to-morrow morning at ten o'clock.

.A.TL.ANTA, GEOIWIA,
Saturday, November 23, 1878.
The Honse met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. Dr. J. L. Rogers.
The roll was called and a quorum found to be present.
Mr. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.

SATURDAY, NOVEMBER 23, 1878.

223

The unfinished business--the continuance of the call of the roll of counties for the introduction of new matter-was taken up.

Mr. Turner, of Brooks, chairman of the Committee Oil the Judiciary, submitted the following report:

Mr. Speaker:
The Committee on the Judiciary have had under consideration the following bill, which they recommend do pass by substitute, to-wit:
A bill to authorize foreign incorporations to be sued in this State, and for other purposes.

The committee have also had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to allow parties to file defenses under oath in actions of distress for rent, and for other purposes.
Also, a bill to amend section 3854 of the Code of 1873, which defines who are competent to testify.

The committee have also had under consideration a resolution instructing the committee to inquire into the present contract between th State and the Reporter of the Supreme Court, and ascertain if some means cannot be devised by which the Reports can be furnished the legal profession at reduced prices, etc., and beg leave to report that in their opinion a reduction of the price of the Supreme Court Reports is not practicable.
Respectfully submitted. H. G. 'fuRNER, Chairman.

The following bills were introduced, read the first time and referred to the Committee on the Judiciary :

224

JouRNAL OF 'l'HE HousE.

By Mr. vVallA bill to re-enact, and declare of force, section 4573 of the Code of this State, and for other purposes therein named. By Mr. Patterson-
A bill to amend the Superior Court calendar of the State, so as to change and fix the time of holding the Superior Courts of the Brunswick Circuit.
By Mr. KendrickA bill to change the time of holding the Superior Court of W ebster.county. By Mr. PbinizyA bill to d~fine more particularly the time of settlement of Tax Collectors of the various counties of this State with the county authorities for the county taxes, and for other purposes. By Mr. StrotherA bill to make it a misdemeanor for a servant, or tenant, or master, or landlord, after having entered into a contract, and after portions of said contract have been performed, to abandon the same with a legal right to do so. Also, a bill to amend section 8308 of the Code of 1873, relative to filing declarations in attachment cases. By Mr. GrantA bill te exempt one section hand for each mile of 1ailroad in this State, and also all guards and overseers of convicts in this State, from road and jury duty. By Mr. MynattA bill to repeal sub-section 5 of section 3854 of the Code of 1873.
By Mr. SimsA bill to make it the duty of freeholders, or their agents, to return the names of all tax-payers residing

SATUHDAY, NOVEl\IBEH 23, 1878.

225

upon their premises, on the first day of .April of each
year. ByMr. CookA bi1l to be entitled an act to change the time of
holding the Superior Court in the following counties of the Flint Circuit, namely : Spalding, Monroe, Butts, Newton, Rockdale and Pike.

Mr. McCurry offered tlle following resolution, which was read the first time and referred to the Committae on the Judiciary:

A resolution-

To appoint a committee of twenty from the House to confer with a committee from the Senate in reference to the equalizing of the labor of the .Judges of this
State.

Mr. Redwine offered the following resolution, which was read the first time and referred to the Committee on the Judiciary :
A resulution-
Requiring the Judiciary Committee to inquire into the sale of lottery tickets in this State.
The following bill was introduced, read the first time and referred to the Committee on Military Affahs:
By Mr. HulseyA bill to establish in the State of Georgia a military system for the voluntPers, under article 10, section 1, paragraph 2, of the Constitution of this State.
The following bill was introduced, read the first time and referred to tl).e Committee on Railroads :
15

226

JOURNAL OF 1'HE HOUSE..

By Mr. WaltersA bill to amend an act entitled an act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and duties, assented to February 29, 1876, by giving to said purchasers time to finish roads when the same a1e incomplete. By Mr. CannonA bill to be entitled an act to regulate the mode and manner of charging freights and fares on the several railroads in this State.

By the consent of two- thirds of the members present, the following bills were reduced, read by their titles and referred to the Committee on Local and Special Bills, to-wit:
By Mr. Janes.A bill to amend the charter of the Cherokee Iron Company so as to authorize said company to build and operate milroads from Cedartown to the Selma, Rome and Dalton Railroad. By Mr. LivingstonA bill for the relief of the estate of John Starns. By Mr. BurchA bill to incorporate the Oconee River Steamboat Company. By Mr. BarronA bill to 1epeal an act creating the office of Commissioner of Roads for the county of Jones, and providing for his compensation. By Mr. ReeseA bill for the relief of S. S. Johnson and J. L. John son, of the county of Floyd. By Mr. PaineA bill to incorporate the Sk.idaway Narrows Canal, and to grant certain privileges.

SATURDAY, NOVEMBER 23, 1878.

227

By Mr. Davis, of BakerA bill to amend the various acts creating a Board of Commissioners for the'county of Baker, and amendatory thereto.
By 1fr. HulseyA bill to incorporate the American Guarantee Association.
By Nlr. AlstonA bill to amend the road laws of this State so far as the same relate to the county of DeKalb, and to provide for the working of public roads of said county by convict labor, and to authorize the Ordinary of said county to levy and collect a tax for said purpose.

By the consent of two-thirds of the members -present, the following bill was introduced, read the first time and referred to the Committee on Education :

By Mr. NorthernA bill to change the charter of the University of Georgia~ so as to add four additional trustees to the board, and give the election of said trustees to the Georgia State Agricultural Society.

The following bill was introduced, read the first time and referred to the Committee on Education.:
By Mr. FortA bill to appropriate one-half of the rental of the State Road, for the year 1878, to Franklin College, University of Georgia, at Athens, in said State.
The following bills were introduced~ read the first time and referred to the Committee on Finance:
By Mr. JanesA bill to authorize the payment of fees due W. J.

228

JoURNAL OF THE HOUSE.

'Vaddy for advertising the sale of wild lands in Polk county.
By Mr. LivingstonA bill to authorize the Governor to issue bonds of this State to take up certain indorsed bonils of the Macon and Brunswick Railroad, held by vY. F. Herring, of Newton county_ By Mr. Miller, of HoustonA bill to carry into effect paragraph 2, of section 2, of article 7, of the Constitution. By Mr. RankinA bill to provide for a uniform assessment of railroad property in this State. By Mr FordA bill to appropriate money to pay E. J. Ford and W. J. Ford for arresting John L. Ready, charged with murder. By Mr. PopeA bill for ihe relief of the heirs of Eli S. Glover, of the county of Jasper. By Mr. MilnerA bill for the relief of J. E. McGuire, of the county df Bartow.

Mr. Miller, of Houston, intl'Oduced the following resolution, which was read the first time and refened to the Committee on Finance :
A Resolution-
To authorize C. H. vVilliams to publish the public acts of. this General Assembly.

On motion of Mr. Russell, chairmaR of the Committee on Privileges and Elections, the report of said committee, on the contested election case from the countyofCamden, was called up, and, on motion, made

SATURDAY, NOVEJ\fBER 23, 1878.

229

tile special order for Monday next, at eleven o'clock
A.M.

On motion of 1\fr. Russell, the report of the Committee on Privileges and Elections, in the contested election case from Early county, which report recommends that the sitting member, W. C. Sheffield, be allowed to retain the seat held by him, was read and adopted.

On motion of Mr. Russell, the report of the Committee on Privileges and Elections, in the case of William J. James, protesting against the right of E. P. Miller to his seat as Representative of the county of Liberty, which report recommends that the said E. P. Miller do retain the seat now held by him, was taken up, read and adopted.

Leaves of absence were granted to the following members:
To Mr. Clegg, for a few days on account of sickness; to Mr. Johnson, of Clay, on account of sickness in his family; to Mr. DuBose and Mr. vVeehunt, for a few days, on account of important business; to Mr. Roberts and Mr. Cook,. for Monday, on account of business.

~---Mr. Phillips, of Cobb, offered the following resolution, which was read and referred to the Committee on Rules, to-wit:

A resolution-

That no leave of absence be granted any member after to-day, except by the consent of two-thirds of the members present.
On motion, the House adjourned till ten o'clock Monday morning.

230

JOURNAL OF THE HOUSE.

ATLANTA, GEORGIA,
Monday, November 25, 1878. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Rev. H. H. 'l'ucker, D.D.
The roll was called and a quorum found to be present.
Mr. Harrell, from the Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal of Saturday was then read and approved.
Leaves of absence were granted to Mr. Anderson, of Pulaski, Mr. Fuller and Mr. Hill, on account of sickness; and to Mr. Perkins, till 'yednesday, on account of' sickness in his family.
On motion of Mr. Cox, of Troup, the Committee on the Investigation of the Indorsement of the Northeastern Railroad Bonds were granted leave of absence.
Leave of absence was granted to 1\fr. Turner, of Coweta, on account of E:ickness.
The regular order of business-the call of the roll of counties for the introduction of new matter-was taken up.
The following bill was introduced, read the first time and referred to the Special Committee on the Macon and Brtlnswick Railron.d:

MoNDAY, NovEMBER 25, 1878.

231

By Mr. NisbetA bill to authorize the sale or lease of the Macon and Brunswick Railroad, with the property and franchises thereof.

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

The Senate insists upon its disagreement to the House amendment, and agrees to a committee of conference on the bill to prescribe the manner of giving notice of an intention to apply to the Legislature for the passage of local and special bills, and have appointed the following committee on the part of the Senate, to-wit: Senators Hawkins, Stephens and HowelL
The Senate has also adopted a resolution consolidating the committees of the Senate and House of Representatives on the Penitentiary, in which they ask the concurrence of the House.

The following bill was read the first time anu referred to the Committee on Railroads :

By Mr. MynattA bill to prevent railroad companies from pooling their earnings.

The following bills were introduced, read the first time and referred to the Committee on the Judiciary:

By Mr. Mynatt-
A bill to provide that every Judge of the Supreme, Superior, City or County Court, who is the owner of any share of stock in any railroad company, or who is an officer or agent of such company, shall be dis-

232

JouRNAL oF THE HousE.

qualified to preside in the trial of any cause by or against any railroad company.
Also, a bill to enlarge the power of, and amend the laws regulating modes of procedure in the Superior Courts of this State so as to facilitate the trial of causes and speed the administration of justice.
By Mr. Hutchins-A bill to change the times of holding the Supeiior Courts in the counties of vValton, Jackson, Gwinnett and Clarke, and for other purposes.
By Mr. TaliaferroA bill to change the time of holding the Superior Courts in the counties of Haralson and Floyd.
By Mr. Miller, of HoustonA bill to provide for the drawing of juries and the summoning of tales jurors where the jury-boxes have not been revised according to law, and also to legalize
certain drawings of .i uries and summoning tales jurors
heretofore drawn.
By Mr. PhinizyA bill to amend section 2683 of the Code of 1873 in relation to title by prescription.
By Mr. DuvallA bill to amend section 4310 of the Code. Also, a bill to authorize the Governor to commute or change the sentence of persons convicted of misdemeanors.
By Mr. FortA. bill to enforce paragraph 2, of article 7, of the Constitution of this State, which provides for exemption of property from taxation.

Leave ofabsence was granted to Messrs. Sibley, Paine, Nisbet, Irvine and Redwine, the sub-committee of the Committee on Finance, for the day, for the purpose of

MoNDAY, NovE:MBER 25, 1878.

233

examining the Treasury and counting the money therein.

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

M1. Speaker:

The Senate has passed the following bills, to-wit:

A bill to provide for the filling of vacancies that may occur in the office of Governor.
Also, a bill to carry into effect section 4, article 8, of the Constitution.
Also, a bill to prescribe the manner of allowing insolvent lists of tax collectors.
Also, a bill to provide for the sale of railroads. Also, a bill to allow persons against whom warrants are sued out as intruders, or as tenants holding over three days, within which to file counter affidavits to such warrants. Also, a bill to allow certain liens of landlords to be foreclosed before due in certain cases. Also, a bill to regulate the striking of juries in civil
cases, and in cases of misdemeanors, in the Superior Courts of this State.
Also, a bill to fix the fiscal year for the State, and to provide how and when the message of his Excellency the Governor and reports of the Comptroller-General and Treasurer shall be made.

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

By Mr. ButlerA bill to re-establish a penitentiary for the State of Georgia, and for other purposes.

234

JOURNAL OF THJ<: HoUSE.

By the consent of two-thirds of the members present, the following bill was introd need, read by its title and referred to the Committee on Local and Special Bills:

By l\fr. RoneyA bill to amend the act incorporating the town of Thomson, in the county of Columbia, now McDuffie.

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

By Mr. GarrardA bill to alter and amend section 384f'l of the Code of 1873, providing for the payment of State witnesses from other counties.

The hour of eleven o'clock having arrived, the call of the roll of counties was suspended and the special order for the day, the contested election case from the county of Camden, was taken up.

The majority and minority reports of the Committee on Privileges and Elections were read.

Mr. Dupree moved to adopt the majority report, which declares the sitting member, Thomas Butler, entitled to his seat.
.Mr. .Milner moved, as a substitute, that the minority report, which recommends the seating of Spencer R. Atkinson, the contestant, be adopted.
Mr. Polhill offered a resolution to recommit the whole matter to the Committee on Privileges and Elections, with instructions.
Mr. V\Tilliams, of Columbia, called for the previous question on the motion to recommit.
The call was sustained and the main question ordered.

MONDAY, N OVE11IBER 25, 1878.

235

The resolution of Mr. Polhill was adopted, and the whole question recommitted to the Committee on Privileges and Elections.

The joint committee of the Senate and House of Representatives upon the Institution for the Deaf and Dumb, submitted the following report:

To the Senate and House of Representatives :
The committee upon the State's Institution for the Deaf and Dumb jointly made a visit to the Institution on "\Yednesday, the 13th instant.
The day was spent in investigating the condition of the buildings and grounds, in carefully examining into the management of the Institution, and in observing the exercises in the school-rooms, so as to ascertain the benefits accruing to the deaf mute wards of the State.
The books of the Secretary and Treasurer and of the Principal were submitted to the committee, with vouchers for every dollar expended, which were examined and found to be corrert in every particular. The thorough system which characterizes the hooks and vouchers of these officers elicted the admiration of the examining committee.
On our committee were seven gentlemen who were members of the committee on this Institution from the last Legislature, and who visited it in January, 1877. These members of onr committee are unanimous in the expression that a vast improvement characterizes the condition of the Institution over that in which the last committee found it. N eatneos and order pervade every department. In the management we can see nothing deserving adVf~rse criticism. "\Ve are satisfied that the Trustees and officers ha,,e done everything in tlwir power for the good of the unfortunate children,

226

JouRNAL oF THE HousE.

while, considering the increased attendance, the management has been eco~omical.
The appropriation made by the Legislature of 1817 was $12,000 for the support of the white Institution, with forty children in attendance. The Constitutional Convention, after abolishing the session of the Legislature for January last, continued for 1878 the same appropriation as for 1877. The attendance during the present year was as high as seventy-three, nearly double the number for which the $12,000 was made. The appropriation for the present year will not cover the expenses of the Institution, and in the appropriation for 1879 and 1880, an allowanace must be made to cover this deticiency, which is estimated at about $1,500.
vVhen the attendance reached seventy, the Institution was too much crowded to justify the Superintendent in receiving a larger number of children. Thirtyseven girls were compelled to occupy two sleeping rooms, there being but two apartments for the girls. The beds in these rooms are literally touching each other.
\Ve most heartily indorse the report of the board, that this is not as it should he; it is not conducive to health, convenience or modesty. Again, there is no part of the building which can be spared for an jnfirmary or hospital apartment-an imperative requisite in an institution of this kind, where so many persons are together, and where contagious diseases may at any time appear.
In view of the inadequacy cf the room for even the present attendance on the Institution, and the certainty of an increased attendance in the future, we recommend an appropriation for the immediate construction of an addition to the present building, which shall comprise six school rooms, a chapel, a library room, an office room, and an exhibition hall for the exercises

MONDAY, NOVEMBER 25, 1878.

237

of the children. Then the apartments in the present buildings, used for the purposes above named, can be remodeled and used as ilormitories.
Almost the entire interior of the present building should be remodeled, as its present internal construction is most awkwardly designed, being neither convenient nor economical in arrangement. vVe recommend that the new buildings shall be oonstructed in a substantial manner, as it would be poor economy for the State to erect a building which would have, at some time, to be rebuilt. It should also furnish accommodation for two hundred children, for it is probable that with a large number of this unfortunate class in our State the attendance will, within a few years, approximate, if not reach, that number.
'l'he State purchased, in 1876, property located near the Institution to be used as an institution for the colored deaf mute children of tile State, under the direction of the Board of Trustees of the present Institution. To complete the repairs on this property requisite for the reception of the colored mutes, some two thousand dollars must be expended. The furniture, school books and apparatus, and every necessary convenience for the support and instruction of this class, are to be supplied.
The money which the Board of Trustees have had to expend has been insufficient to enable them to make the repairs and improvements needed upon the premises of the Institution for the white children. It is important that sewerage be at once provided for the drainage of the grounds about the building.
The physidan of the Institution calls upon the Trustees not to delay this. A laundry is needed, there being no house on the premises that can be used for this purpose. A barn house and stable are greatly

238

JouRNAL OF THE HousE.

needed, considerable fencing, and various important repairs upon the property.
For the support of the two Institutions, white and colored, and for the making of the needed repairs upon both, the Board of Trustees, in their report, ask for $25,000 per annum f'o1 the years 1879 and 1880. In view of the depressed condition of the financial affairs of the State, we have decided to recommend that the annual appropriation for support and incidental expenses be $20,000, instead of ~:t5,000. This, we believe, will be necessary to properly provide for the two Institutions. It will be remembered that aside from sustenance alone, the expense of instructors, officers of the Institutions and attendants upon these afflicted children have to be paid, and on account of their poverty a large number of' them have also to be clothed. "\Ve also recommend that instead of the $25,000 asked for by the Board, for the construction of an additional building, $20,000 be appropriated for building purposes and repairs.
Our observations satisfy us that the educational interests of the deaf and dumb are well subserved at our Institution. "\Ve desire also to say that the importance of this charity cannot be over-estimated. This class of our afflicted fellow-citizens are wholly dependent upon this Institution for education. Here they receive instruction which they can nowhere else receive, enabling them to communicate with their fellowmen. They are also taught trades enabling them to be self-supporting, when their terms \.._( schooling are
ended. W. B. FoLKs,
Chairman Senate Committee.
W. M. WILLINGHAli, Chairman House Committee.
Mr. Kendrick moved that 300 copies of the report

MoNDAY, NovEMBER 25, 1878.

239

be printed for the use of members of this General Assembly.
Motion adopted.

On motion of l\fr. Alston, chairman of the Committee on the Penitentiary, leave of absence was granted to Messrs. wilmot, Walters, Daniel, 'Vilson, Sharman, Davison and Harp, sub-committee from the House, to visit Penitentiary No. 2, until Monday morning, December 3, 1878.
Also, to Messrs. Henderson, DeLoach and Lang,
sub-committee from the House Committee on the Penitentiary, to visit the penitentiary camp on Hutchison's Island, till Saturday next.
Also, to Messrs..Janes and Tatum, sub-committee from the House Committee on the Penitentiary, to visit the penitentiary camp in Polk county, until Thurday next.

The call of the roll of counties was resumed, and the following bill was introduced, read the first time and referred to the Committee on the J udicia1:Y :

By l\fr. MathewsA bill to organize a County Court, define its jurisdiction, affix the fees of its officers, and for other purposes.

Leave of absence was granted to Mr. Paine, after Tuesday next, for a few days, on particular business.

On motion, the House adjourned till ten o'clock tomorrow morning.

240

JOTJRNAL Ol!' THE HousE.

ATLANTA, GEORGIA,
Tuesday, November 26, 1878.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. J. L. Rodgers.
The roll was called and a quorum found to be present.
Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
The unfinished business of yesterday-the call of the roll of counties-was taken up.
The following bills were introduced, read the first time and referred to the Committee on the Judiciary:
By Mr. KimseyA bill to amend section 4373 of the Code of 1873, so as to :::nake the wife a competent witness in cases of abandonment. ByMr. KingA bill to enlarge the jurisdiction of Magistrates' comts in this State, giving them the power to try certain criminal cases as herein provided for. By Mr. Davis, of HoustonA bill to amend section 281 of the Code. By Mr. McConnellA bill to amend section 3796 of the Revised Code of Georgia by adding a proviso thereto. Also, a bill to amend section 3796 of the Revised Code of Georgia by makiug an addition thereto.

TUESDAY, NOVEMBER 26, 1878.

241

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

By Mr. CarrA bill to prevent railroad companies of this State from employing inexperienced engineers, etc.

The following bills were read by their titles and refelTed to the Committee on Local and Special Bills:

By Mr. SibleyA bill to regulate the publication of the registered voters of the city of Augusta. Also: a bill to repeal an act entitled an act to require the Mayor of the city of Augusta to discharge the duties of the Recorder of said city ; to limit the salary of said Mayor, and for other purposes, approved February 28, 1876.

The following bills were introduced, read the first time and referred to the Committee on Finance :

By Mr. GarrardA bill to alter and amend section 834 of the Code of 18"t3, regulating the manner of making tax returns. By Mr. HanksA bill to amend section 3845 of the Code of 1873, in relation to the fees of witnesses in criminal cases in the Superior Comts in counties other than that of their residence.

Mr. Harris, from the Committee of Conference on the disagreement of the two Houses to the amendment of the House to the following bill of the Senate, towit:
A bill "to provide for the manner of giving notice of an intention to apply for local or special legislation," submitted the following report:
16

~42

J oui'tN.A.L OJ!' 'l'HE HousE.

Mr. Speaker :

The majcrity of the Committee of Conference, appoint~>d by the Senate and House of Representatives in reference to an amendment adopted by the House to the Senate bill as to local legislation, beg leave to report and recommend the following amendment as a substitute for thA amendment heretofore adopted by the House:

"Provided, that when there is no newspaper pub-

lished in the county where the local legislation is asked

that notice of said bill shall be published in the paper

where Sheriff's sales are published, and it shall not be

lawful for any such paper to charge more than one

dollar per square for said notice, and in case of 1efusal

to publish at said rates, then a publication in any other

mewspaper having a circulation in said county shall

be sufficient."

[Signed]

HowELL,

STEPHENS,

ALSTON.

The minority recommend that the House adhere to

its original amendment.

[Signed]

HARRIS,

DuGGAR.

Mr. Hammond, chairman of the Committee on Local and Special Bills, submitted the following report :

Mr. Speaker :
The Committee on Local and Special Bills have had under consideration the following bills, which were referred to them after having been read by their titles, and which being, in the opinion of the committee, some. purely local, and others special, in their character, and

TuEsDAY, NovEMBER 26, 1878.

243

incapable of being consolidated into general bills, are herewith returned to the House, with the recommendation that the members by whom they were introduced be permitted to withdraw them, to the end that opportunity may be had for giving such public notice of intention to introduce them as the General Assembly may herf'after by law prescribe, to-wit:

A bill to repeal an act, approved February 27, 1877, in relation to game in the county of Whitfield.
Also, a bill to amend the charter of the city of Milledgeville, approved February 15, 1876, to authorize a sale of city common.
Also, a bill to create a Criminal Court for the county of Cobb.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Marion.
Also, a bill to amend an act in relation to the registration of voters in the county of Camden, in this State.
Also, a bill to repeal an act entitled an ~ct 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 tix the salary of county Treasurer in said county, approved February 27, 1877.
Also, a bill to be entitled an act for the construction of a public road across the Blue Ridge in the counties of Lumpkin and Fannin; to appoint Commissioners, and appropriate $1,000 for the same.
Also, a bill to regulate the sale of spirituous liquors on Satilla River, in the county of Camden.
Also, a bill to repal an act entitled an act to provide for a Board of Commissioners of Roads and Revenues for the county of Douglas.
Also, a bill to repeal an act to consolidate the offices

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JOURNAL 01!' THE HousE.

of Sheriff and Tax-Collector; of Clerk of the Superior Court and Tax-Receiver, and of Ordinary and Treasurer, in the county of Calhoun.
Also, a bill to create a Board of Commissioners of Roads and Uevenues for the county of 'raylor.

Also, the following bills, which partake of the character of both local and special bills, to-wit:
A bill to provide for the compensation of the Ordinary of Washington county.
A] so, a bill to reimburse and pay the county school commissioner of "\Vhitfield county for services rendered in the year 1871.
Also, a bill to incorporate the Skidaway Narrows Canal, and to grant certain privileges.
Also,a bill to amend the road laws of this State, so far as the same relate to the county of DeKalb, and to provide for the working of said roads by convict labor, for other purposes.
Also, the following local bills, to-wit :
A bill to repeal a.n act to amend an act creating a Board of Commissioners of Roads and Revenue for the county of Baker, approved February 26, 1875.
Also, a bill to repeal an act creating the office of Commissioner of Roads for the county of Jones, and define its duties and provide compensation.
Also, a bill to amend an act incorporating the town of Thomson, in the county of Columbia, now McDuffie, approved December 16, 1869.
Also, the following special bills, to-wit:
A bill for the relief of S. S. Johnson and J. L. Johnson, of the county of Floyd.

TUESDAY, NOVEMBER 26, 1878.

245

Also, a bill to incorporate the Oconee River Steamboat Company.
Also, a bill for the relief of the estate of John Harris.
Also, a bill to incorporate the American Guarantee Association.

Also, the following bills, which the committee report back with the recommendation that they be referred to the Committee on Finance, to-wit:
A bill to pay John W. Cain, Jr., and others of Chattooga county, $200 for services rendered in arresting Augustus Johnson.
Also, a bill for the relief of E. V. Johnson, of Bartow county, and for other purposes.

Also, the following bill, which they report back with the recommendation that it be referred to the Committee on the Judiciary, to-wit:
A bill to change the time of holding the Superior Court in the county of Echols.

Also, the following bill, which they report back with the recommendation that it be referred to the Committee on Finance, to-wit:

A bill to provide for the payment of $474.55 to W. P. Howell & Co. for publishing wild land sales in Lumpkin county.

The committee report further, that inasmuch as the Constitution expressly prohibits the passage of any local or special bill unless public notice of the inte ntion to apply for the same shall have been given thirty days prior to the introduction thereof into the Legislature; and in view of the fact that no law prescribing the manner of giving such notice has yet been enacted,

246

JOURNAL OF' THE HOUSE.

it is respectfully submitted that until the notice has been given in some manner, to be prescribed by law, the further introduction of bills of that character can only result in an unprofitable consumption of time and useless encumbering of the records of the House.
HA":IIliiOND, Chairman.

Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the f0llowing report :

Mr. Speaker:

The Committee on the Judiciary have had under consideration the following bill, which they recommend do pass by substitute as amended, to-wit:

A bill to make common law causes in certain cases triable at first term.

The Committee have also had under consideration the following bills, which they recommend do not pass, to-wit:

A bill to amend claim laws of this State.
Also, a bill to repeal section 3620 of the Code of 1873.
Also, a bill to require P-ertain officers to postpone public sales on certain conditions.
Also, a bill to exempt regular practicing physicans from road duty.
Also, a bill to amend section 4308 of the Code, in relation to accessories after the fact.
Also, a bill to amend section 3580 of the Code, in relation to fixing and regulating liens of judgments.
Also, a bill to regulate trials by jury, and for other purposes.

The committee have also had under consideration a

TUESDAY, NOVEMBER 26, ~878.

247

bill to provide a Commissioner of Roads and Revenues in the county of Forsyth, from which they ask to be discharged, because they deem the same a local
and special bill. Respectfully submitted. H. G. TuRNER, Chairman.

Mr. Me"\Vhorter, chairman of Committee on Wild Lands, submitted the following report:

Mr. Speaker:

The Committee on Wild Lands have had under consideration the following bills, to-wit:

A bill to prescribe how and where lands subject to taxation in this State shall be returned, and for other purposes, which they recommend do not pass.
Also, a bill to regulate the return of wild lands in this State for taxation and the sale thereof, which they recommend do not pas:5.
Also, a bill to change the manner of giving in wild lands, and amending section 874 of the Code, which they recommend do not pass.
Also, a bill to authorize the payment of certain commissions to vV. J. Hutcheson, Tax-Receiver and Collector of Lumpkin county, for collecting the State tax in said county for the years 1877 and 1878, which they report back to the House, and ask that it be referred to the Committee on Local and Special Bills.
R. L. MeWHORTER, Chairman.

Mr. Northern, chairman of the Committee on Education, submitted the following report:

Mr. Speaker :

The Committee on Education have had under consideration the following bills, to-wit:

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JouRNAL oF THE HousE.

A bill "to be entitled an act to appropriate one-half the rental of the State Road, for the year 1879, to Franklin College, University of Georgia, at Athens, in said State, and for other purposes therein mentioned," which they recommend do not pass.
Also, a bill "to be entitled an act to change the charter of the University of Georgia~ so as to add four additional trustees to the board, and give the election of said trustees to the Georgia State Agricultural Society, and for other purposes," which they recommend do pass.
Also, a bill "to be entitled an act to organize the Middle Georgia Military and Agricultural College," which they recommend do pass as amended.
\V. J. NoRTHERN, Chairman.

The Committee on Railroads submitted the folkwing report:

Mr. Speaker:
The Committee on Railroads have had under consideration the following bills, which they have instructed me to report to the House with the recommendation that the same do pass as amended, to- wit :

A bill to be entitled an act to authorize the sale by common carriers of all goods unclaimed and the deposit in bank of the net proceeds of the sale to await the claim of the owners, and for other purposes.
Also, an act to increase the jurisdiction of Justices of the Peace in cases against railroad companies arising under the act of 20th of February, 1854.
The committee have also had under consideration the following bills, which they recommend do not pass, to-wit:

TUESDAY, NOVEMBER 26, 1878.

249

A bill to be entitled an act to require the several railroad companies of the State to erect suitable platforms for the convenience and safety of passengers.
Also, a bill to be entitled an act to compel the railroad companies of this State to keep an agent at each and every station, and for other purposes.
Also, a bill to be entitled an act to compel the railroad corporations of this State to fence the railroads against stock, and for other purposes
Respectfully submitted. H. G. \V RIGHT,
Chairman of Committee on Railroads.

At the request of the Committee on Railroads, through Mr. \Vright, chairman thereof, Mr. Awtry was added to said committee.
Mr. Colley offered the following resolution, which was read and agreed to, to-wit:
A resolution-
That the committee on the question of an early adjournment of this session of the General Assembly be required to report their progress at once to the House.
Mr. King offered the following resolution, to-wit:
A resolution-
That the hours of meeting of this House shall be as follows, viz: Meet at 9 o'clock A. :u. and adjourn at 2 o'clock P. 211.
Mr. Kendrick offered the following amendment, which was adopted, namely: Meet at 9 o'elock A. l\L and adjourn at 1 o'clock P. :.r.

250

JouRNAL oF THE HousE.::

The resolution, as amended, was then laid on the table.

The next business in order-the reading of House bills a third time-was taken up.
The fol~owing bill was read the third time, to-wit:

A bill to prohibit the sale of intoxicating drinks within two miles of election precincts in this State on election days.

The following amendment by the Judiciary Committee, which is as follows: Strike out all that part of section first of the bill which prescribes the punishment, and insert in lieu thereof, "shall be punished as prescribed in section 4310 of the Code of 1873," was amended as follows by Mr. Turner, of Brooks, "insert in the seventh line, after the word "on," the words "days of," and strike out of said line, aft~r the word election "aays," and add after the word election in first section, the words "State, county or municipal."

The amendment of Mr. Turner was adopted, and the amendment or the committee, as amended, was adopted.

Mr. Miller, of Houston, called for the previous question.

The call was sustained and the main question ordered.
Mr. Alston called for the yeas and nays ; the call was sustained, and on calling the roll the vote was as follows:
Those voti.ag in the affirmative are Messrs.-

TuESDAY, N ovEUBER 26, 1878.

251

Anderson of :!\forgan, Anderson of Newton, Awtry, Barron, Bell, Berry, Bird, Bleckley, Branch, Brannon, Burch, Butler, Butt, Cannon, Carr, Chambers, Chapman, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, Daniel, Dickin, Dozier, Dupree, Duvall, Elder, Fitzgerald, Fletcher, Ford, Garrard, Gray, Greene of l\Iadison,

Hall, Hammond, Hanks, Harrell, Harp, Harrison, Hogan, Howell of Lowndes, Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey, Jordan of wilkes, Kendrick, Kimsey, King, Lamb, Livingston, Mathews, Maund,
~IcCurry,
JHcGouirck, McLucas, McRae, :uciYhorter, :Hiller of Houston, Miller of Liberty, :.\Iilner, Mitchell, Mynatt, Xisbet, Northern,

Oliver, Park, Phillips of Carroll, Phillips of Cobb, Phinizy, Pike, Polhill, Pope, Rankin, Redwine, Reese, Riden, Roach, Rogers, Roney, Shannon, Sibley, Sims, Smith of Walton, Strother, Tarver, Tatum, Thomas, Toole, Turner of Brooks, iYall, iValton, Welch, iYestbrook, iVheeler, iVilliams of Columbia, Williams, C. W. Yancey, Zellner.

Those voting in the negative are Messrs.-

Alston, Barksdale, Bennett, Brintle, Duggar, Fort, Gammage,

Luffman, McAfee, :\IcConnell, Paine, Patterson, Paull, Peacock,

Sharman, Sheffield of Early, Sheffield of Miller, Sikes, Smith of Butt~, Strickland, Taliaferro,

252

JOURNAL OF THE HOUSE.

Grant, Greene of Baldwin, Hollis,

Phillips of Coffee,
Rus~eu,
Scruggs,

Tate, Wilcox, Wright.

Those not voting are Messrs.-

Adams, AnderRon of Pulaski, Born, Brantley, Buchan, Clegg, Colley, Collins, Davis of Baker, Davis of Houston, Davison, DeLoach, .DuBose, Farnell,
Yeas 103. Nays 30. Not voting 42.

Fuller, Glover, Harris, Henderson, Hill, Howell of Pickens, Jamison, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Kirby, Lang, McDonald,

Perkins, Poppell, Prescott, Puckett, Roberts, Smith of Oglethorpe, Turner of Coweta, Vick, \Valters, \Veehunt, Williams, F. J. Willingham, Wilmot, Wilson.

The constitutional majority having voted in the affirmative, the bill, as amended, was passed.

The nPxt bill in order was
A bill to authorize the Governor of this State to issue bonds to the amount of five hundred thousand dollars to pay bonds falling due in the next three years, and to reduce the rate of interest on the same.

On motion of Mr. Garrard, this bill was made the spt>cial order for Friday next, the 29th instant, at 11 o'clock A. 11L, and three hundred copies ordered to be printed for the use of .members of the House and Senate.

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

TUESDAY, NOVEMBER 26, 1878.

253

Mr. SpeakeT :

The Senate has adopted the following resolution and~asks the concurrence of the House therein :

A resvlution-
To appoint a committee of ten from the Senate and twenty from the House, to equalize the labors of the Judicial Circuits, and the Senate has appointed as such committee, on the part of the Senate, Senators Hodges, Holcombe, Boyd, Cumming, Russell, Clements of the 44th, Bryan, Holton, Staten and Hudson.

The Senate has also passed the following bills, towit:

A bill to authorize the sale by common carriers of all freight unclaimed, and the deposit in bank of the net proceeds of sale to await the claim of the owners, and for other purposes.
Also a bill to carry into effect section 4, paragraph 9, article 4, of the Constitution of the State, in relation to the appointment of some person to preside in cases where the presiding Judge is disqualified.

Mr. Livingston, chairman of the Committee on Agriculture, submitted the fJllowing report, to-wit:
Mr. Speaker :
'rhe Committee on Agriculture, having had the following bills before them for consideration, recommend that they do pass, to- wit :

A bill to provide for the protection of commercial fertilizers from exposure to rain while in the hands of common carriers.
Also, a bill to amend section 4379 of the Code of 1873

204

JouRNAL oF 1'H..I!: HousE.

in relation to burning out-houses by inserting ginhouses and increasing the penalties prescribed in said section.
Also, a bill, which they recommend do not pass, towit:
A. bill to repeal an act to provide for the annual collection and publication of statistics of agricultural products and resources of the State, approved February 20, 1873-
Also, the following bills, which they recommend do pass by substitute, to-wit:
A bill to impose a tax on dogs, and to appropriate the proceeds to the support of common schools.
Also, a bill to carry into effect paragraph 1, section 2, of article 7, of the Constitution, which provides that certain domestic animals may be subject to taxation.
Also, a resolution requiring the Commissioner of .Agriculture to furnhih certain information, which information is submitted with this report.
Respectfully submitted. L. F. LIYINGSTON, Chairman.

The following bills were read the second time, towit:
.A bill to prescribe the manner of fixing compensation for jurors in all the counties in this State, and to require the Superior Court Judges to give it in charge.
Also, a bill to iucrease and fix the amount of the bond to be given by the Treasurer of the State Lunatic Asylum.
Also, a bill to define the rights of parties under the plea of recoupment.
Also, a bill to .provide for the probate of foreign wills, and for the appointm'nt and qualification of administrators to carry out the provisions of foreign wills when admitted to probate and record in this State.

'fuESDAY, NovEMBER 26, 1878.

255

Also, a bill to confer additional powers upon the Tax-Collectors of this State, and to make said TaxCollectors ex-officio Sheriffs in certain cases.
Also, a bill to provide for the punishment of slander in this State.

The following bill was read the second time, made the special ordt>r for Tuesday next, December 3d, for 11 o'clock .A. M., and three hundred copies ordered printed, to-wit:
A bill to organize the Middle Georgia Military and Agricultural College.

The following bill was read the second time and recommitted to the Committee on the Judiciary :
A bill to amend section 1407 of the Revised Code of 1873, so far as to authorize physicians in practice under legal diplomas or license to open and keep drug and apothecary stores without license.

The following bills were, by permission, withdrawn, to-wit:
A bill to compel the several Judges of the Superior Courts of this Sta.te to go through with the business of their respective circuits, or cause the same to be done, at least twice a year, and in default to forfeit salary.
Also, a bill to amend section 2495 of the Revised Code, relating to appointing administrators.
Also, a bill to amend section 4287 of the Code of Georgia, so as to make that section apply to criminal proceedings as well as to civil proceedings, where conviction is had.
Also, a bill to prescribe how and where lanus shall be returned for taxes, and for other purposes.
Also, a bill to amend section 2571 of the Revised

256

JouRNAL OF THE HousE.

Code of 1873, in relation to providing a year's support for widows and minors.

The following bills were read the second time, the reports of the committees, which were adverse to the passage of the bills, were adopted, and the bills were lost, to-wit:
A bill to change the manner of giving in wild lands for taxation, and to amend section 874 of the Code.
Also, a bill to amend section 7 of an act, approved August 26, 1872, in relation to fences.
Also, a bill to abolish the distinction between principals in the first and second degree in crime, and for other purposes.
Also, a bill to regulate trials by jury, and for other purposes.
Also, a bill to amend paragraph 2, section 1, article 2, of the Constitution of this State.
Also, a bill to amend section 4308 of the Code, in relation to accessories after the fact.
Mr. Hollis offered the following resolution, which wa:s read and agreed to, to-wit :

A resolution--

Authorizing the introducers of certain bills, reported as local or special bills, to obtain said bills from the Clerk without further action by the House.

Mr. McCurry moved that the majority report of the Committee of Conference on the Senate, relating to giving notice of an intention to apply for local legislation, be adopted.

The motion was laid on the table.

A statement by the Commissioner of Agriculture of

vVEDNE::>DAY, NoV.KM:BER 27, 1878.

257

the moneys received or expended by the Department, and submitted to the House today, was, on motion, referred to the Committee on Agriculture.

By request of the committee, Mr. Lamb and Mr. Sikes were added to the special committee on the Macon and Brunswick Railroad.

Leave of adsence was granted to Mr. McDonald for a few days on account of important business.

'fhe following sub-committee of the Committee on the Penitentiary, to-wit: Messrs. Sims, Williams, McGouirck, Butler and Rogers, weregranted leave of absence till Saturday to visit the convict camp on Hutchison Island.

On motion, the House adjourned till ten o'clock to-
morrow morning.

ATLAN'rA, GEoRGIA,
\Vednesday, November 27,1878.
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 pres ent.
Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved. 17

....

258

JouRNAL OF THE HousE.

Mr. Alston moved to reconsider so much of the Journal as relates to the action of the House upon the passage of a bill "to prevent the sale of intoxicating liquors within two miles of election precincts on election days.
The motion to reconsider was adopted.

Mr. Hanks moved to reconsider so much of the Journal as relates to the action of the House upon the following bill, which was lost yesterday, to-wit:
A bill "to abolish the distinction between principals in the first and second degrees in crime.''

The motion to reconsider did not prevail.

Mr. Chambers moved to suspend the mles for the purpose of taking up the following Senate resolution, to-wit:

A resolution-

To appoint a joint committee of ten from the Senate and twenty from the House to consider the question of equalizing the labors of the Judges of the Superior Courts of this State.

The rules were suspended and the resolution read and concurred in ; and, on motion of Mr. Williams, of Columbia, ordered to be at once transmitted to the Senate.

Mr. Thomas offered the following resolution, approved by the Committee on Privileges of the Floor, which was read and agreed to:

A Resolution-

Tendering the privileges of the floor to General P. M. B. Young.

WEDNESDAY, NoVEMBER 27, 1878.

259

Mr. Livingston, 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 not pass, to-wit:
A bill to repeal an act to establish a Department of Agriculture for the State of Georgia, approved February 24, 1874.
L. F. LIVINGSTON, Chairman.

The unnersigned, minority of the Committee on Agriculture, beg leave to submit the following report :
Having had under consideration, in said committee, a bill "to be entitled an act to repeal an act entitled an act to establish a Department of Agriculture in this State," we, a large minority, respectfully dissent from the majority, as to the policy and propriety of continuing in force the act establishing said department, for the following reasons: It is an expensive luxury, yielding, so far as we are informed, no substantial or practical benefits. In the five years of its existence, it has cost the State Treasurer $50,000. The small majority of one by which an adverse report, as to the passage of the bill, was agreed to, is no small reason, to our minds, of the correctness of our position. And we most respectfully, but earnestly, beg of Representatives to give this question serious and careful consideration.
Respectfully submitted.
CHAS. TALIAFERRO,
For the minority.

'rhe t1ommittee on Railroads submitted the following report:

~60

JouRNAL O.l!' THE HousE.

Mr. Speaker:

The Committee on Railroads have had under consideration the following bill, which they have instructed me to report to the House, with the recommendation tl1at the same do pass, as amended, towit:

A bill to be entitled an act to amend an act entitled

an act to enable the purchasers of railroads to form

corporations and to exercis~ corporate powers, and to

define their rights, powers and duties, assented to

February 29, 1876, by giving to said purchasers time

to finish roads when the same are incomplete.

Respectfully submitted.

H. G. WRIGHT,

Chairman Committee on Railroads.

Mr. Hutchins, 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 carry into eflect paragraph 2, section 2, article 7, of the Constitution.
Also, a bill to be entitled an act to alter and amend section 3845 of the Code of 1873, providing for the payment of State's witnesses from other counties.

'rhey have also had under consideration the following bill, which they recommend do pass by substitute:
A bill to be entitled an act to ti.x the pay of Ordinaries of this State for making out commissions of lunacy.

WEDNESDAY, NOVEMBER 27, 1878.

261

Also, the following resolution, which they recommend do pass as amended :

A resolution-

Authorizing C. H. Williams to publish the public acts of the present session.

Also, the following bills, which they recommend do not pass, to-wit:
A bill to be entitled an act to authorize the Governor to issue bonds of the State of Georgia to take up certain indorsed bow'ls of the Macon and Brunswick Railroad Company, held by "\V. F. Herring, of Newton county, and for other purposes.
Also, a bill to be entitled an act to repeal an act entitled an act to require the payment of fines and forfeitures into the county treasury, and regulate the disbursement of the same, approved February 27, 1876.
Respectfully submitted. N. L. HuTCHINS, Chairman.

Mr. Turner, of Brooks, 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, which they recommend do not pass, to-wit:
A bill to add two sections to the Penal Code, and to make it penal to keep, use or employ, for the purpose of gaming, any wheel of fortune or other wheel, or to bet at the same.
Also, a bill to be entitled an act to consolidate the offices of Reeeiver and Tax-Collector in the several

262

JouRNAL OF THE HousE.

counties of this State, and to prescribe the duties, qualification and compensation of the -same.
Also, a bill to be entitled an act to amend section 4814 of the Revised Code, by authorizing Ordinaries to turn over convicts in certain cases.
Also, a bill to be entitled an act to compensate tales jurors who are summond to try felonies in the several counties of this State.
The committee have also had under consideration the following bill, which they recommend the introducer be allowed to withdraw, to-wit:
A bill to be entitled an act to repeal an act entitled an act to amend the usury laws of this State, so far as they relate to banks, and for other purposes, approved February 14, 1873.
Respectfully submitted. H. G. TuRNER, Chairman.

On motion of Mr. Adams, the rules were suspended and the following bill taken up and read the second time, to-wH :

A bill to amend an act entitled an act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, assented to February 29, 1876, by giving to said purchasers time to finish roads when the same are incomplete.

Leave of absence was granted to Mr. Yancey till Monday next, on account of pressing business; to Mr. "\\Tilliams, of Columbia, for Friday next on account of special business ; to Mr. Hudson f0r a few days on account of special bnsiness; to Mr. Cox, of Troup, on account of special business in court for two days; to Mr. Smith, the Messenger of the House. on account of illness.

WEDNESDAY, NOVEl\fBER 27, 1878.

263

On motion of Mr. Hammond, the rules were suspended fc>r the purpose of taking up the following bills, previously referred to the Committee on Local and Special Bills, and the following bills were read the first time and referred to the Committee on Finance:

A bill to pay John \V. Cain, Jr., and others, of Chattooga, $200 for services rendered in arresting Augustus Johnson.
Also, a bill to pay $474.55 toW. P. Howell & Co. for publishing wild land sales in Lumpkin county for the year 1878.
Also, a bill for the relief of E. V. Johnson, of Bartow county, and for other purposes.

Also, the following bill, which was read the first time and referred to the Committee on the Judiciary :

A bill to change the time of holding the Superior Court in the county of Echols.

Mr. Crawford, chairman of the Committee on the Question of an Early Adjournment, submitted the following majority and minority reports:

Mr. Speaker:

The joint committee of the House and Senate, ap pointed to consider the practicability of an early adjournment, beg leave to make the following majority report:
After a laborious investigation and thorough discussion of this subject, a majority of this committee are of the opinion that an early adjournment would be impracticable and unwise. It is conceded that there is much legislation needed to adapt the practical operations of the new Constitution to our laws. The conn

264

JOURNAL OF THE RoUSE.

try has felt the need of this legislation, and, in our opinion, it should not be unnecessarily deferred. We find that, owing to an absence of nearly two years of any legislation, thPre are many subjects of legislation, general, special and local, that demand speedy and prompt action at the hands o~ this General Assembly. For these and other reasons, we deem an early adjournment impracticable.
We consider the idea of an early adjournment and a reassembling in the summer of 1879 unwise, for the reason that it would be in violation of that expressed intention of economy set forth in the new Constitution, and would impose an unnecessary expense upon the tax-payers of Georgia and delay the passage of many laws that are demanded. We, therefore, recommend that this General Assembly hold one r.ontinnon:; session until all the needed legislation, general, special and local, has been -performed,- and that the same he accomplished at the earliest time practica.blP.
J. C. FAIN, Chairman, Upon the part of the Senate.
REESI<; CRAWFORD,
For the majority, Upon the part of the House of Representatives.

The following members of the Committee on Early Adjournment, not being able to agree with a majority of said committee, beg leave to submit the following minority report :
The question of making the present a short session, and taking a recess till some time in the year 1879, was agitated at an early date. The reasons for this course upon the part of the Legislature are plain. To remain in session w:ithout any recess, or until the whole business coming before the Legislature is finally disposed of, will require at least ninety days. The

WEDNESDAY, NovEMBEJt 27, 1878.

265

Constitution provides that all special and local bills shall be advertised thirty days. It is the duty of the Legislature to say how these bills shall be advertised. This the Legislature has not been able to do as yet. Perhaps it will require ten days more for this bill to become a Jaw. The IJep;islature will then have been in session thirty days-fifteen days more for the law to become generally known over the State-thirty days for advertising, and fifteen days more for passing both Houses and becoming law, will agp:regate ninety days. This is the most reasonable and favorable calculation that can be made in reference to the time required for the passage of any special or local law. Doubtless more time will be consumed than just indicated. In the meantime the Legislature will remain in session, a great portion of their time, as it were, lying upon their oars, waiting for the pPriod to arrive when they can pass special and local laws according to the Constitution.
It will thus be seen that to rPmain in session, without recess, will lengthen out the term to at least ninety days-proably to one hundred dayt; or more. On the contrary, to take a recess on the 5th of December next, and meet again the 15th of July, 1879, will, very materially shorten the actual number of days in session, and thereby save to the tax-payers of Georgia th0nsands of dollars. By pursuing this course, not more than fifty days of actual sitting will be required. Thus fifty days will be saved, whicll, at $1,400 per day, amounts to the very respectable sum of $70,000. To save to the already over-burdened and over-taxed people of Georgia $70,000 is an object worthy the consideration of this Legislature.
Again, the State suffel'ing no loss, it will enable members to be at home to wind up this year's business and start again on a lll'W year. This, to many of the

266

JOURNAL OF THE HOUSE.

most working, useful and worthy members of this

Legislature, is an absolute necessity. Besides, we can

consult with onr constituencies upon many matters of

vital importance, become better acquainted with the

workings of the new Constitution, and return again

much better prepared to legislate for the true interests

of the people, whose will and wish, under our system

of government, is the supreme law of the land, from

which there is no appeal.

RespE-ctfully submitted.

[Signed]

JA)IES M. S:anTII,

W. C. SHEFFIEJJD,

S . .F. Sl\UTH.

J. P. TURNER, of the Senate.

The regular order of business-the call of the roll of counties for the introduction of new matter-was taken up.

The following bills were introduced, read the first time and referred to the Committee on the J ndiciary :
By Mr. Sheffield, of MillerA bill declaring the indorsement of the State's guaranty on the bonds of the Northeastern Railroad Company, under an act, approveil. October 27, 1870, to be null and void and unconstitutional and prohibiting the Governor or Treasurer, or any officer of the State from paying the same. By Mr. Davis, of HoustonA bill to fix the limitation for all snits and pleas for the recovery of usury paid to four years from the final settlement of the contract upon which such usury was contracted or recovered. By Mr. Tnrner.A. bill to authorize the police courts in the cities, towns and villages, of this State, to impose sentences

WEDNESDAY, NOVE1\fBER 27, 1878.

267

or judgments in the alternative, and for other purposes.
By Mr. OliverA bill to regulate the granting of license to retail spirituous liquors in the State of Georgia.

Mr. Alston offered the following resolution. which was read and referred to the Committae on the Judiciary:

A resolution-

To appoint a committee of one from each Congressional District to report amendments to the present Constitution.

The following bills were introduced, read the first time and referred to the Committee on Finance:

By Mr. Jordan, of ,~V"ilkesA bill to amend paragraph 13, section 2, of the general tax act of 1877, relating to taxing insurance agents.
By Mr. GarrardA bill to regulate tht> fees of Sheriffs and Jailers in this State for dieting prisoners, and to prescribe the treatment of the same.
By Mr. Miller, of HoustonA bill to change the fiscal year so that the same shall begin on October the 1st and end on September 30th of each year.

The following bill was introduced, read the first timE> and referred to the Committee on Corporatio:es :

By Mr. 'VrightA bill to requirE> the municipal government of all cities and incorporated towns of this State to make an

268

JoURNAL OF THE HOUSE.

annual exhibit of their receipts and disbursements, and for other purposes.

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

By Mr. Elder-
A bill to make unlawful the sale or purchase of farm products between sunset and sunrise.

The following bill was introduced, read the :first time n.nd referred to the Committee on Internal Improvements, to-wit:

By Mr. Greene, of Madison-
A bill to keep open, remove and prwent obstructions to the free passage of fish in the waters of all rivers in this State.

Mr. Mynatt submitted a memorial from certain physicians, which was referred, without being read, to the Committee on Pinance.
Mr. Hulsey submitted a memorial, which was referred, without being read, to the Committee on Railroads.
Mr. Roach off~red the following resolution, which was read the first time and referred to the Committee on Military Affairs:
A resolution-
Instructing the Committee on Military Affairs to take into consideration that portion of the Constitution in reference to supplying soldiers who lost a limb or limbs in the military services of the Confederate States with a substantial limb or limbs.

WEDNESDAY, NOVEMBER 27, 1878.

269

On motion of Mr. Smith, of Oglethorpe, the report of the Committee on the Question of an Early Adjournment, was taken up, and, on motion of Mr. Livingston, the consideration of the question of an early adjournment, as presented by the majority and minol'ity reports of the committee, was made the special orner for Thursday, December the 5th next, immediately atter the reading of the J onrnal.

The following bill was take up, read the third time and, on motion of Mr. Miller, of Houston, laid on the table:
A bill to prescribe the manner of fixing the compensation of jurors in all counties in this State, and to require the Judges of the Superior Courts to give it in charge.

The following bill was read the third time and passed by the necessary constitutional majority :
A bill to increase the amount of the bond to be given by the Treasurer of the State Lunatic Asylum.

The following bill was read the third time, the necessary constitutional majority not voting in the affirmative, the bill was lost, to-wit:
A bill to define the rights of parties under the plea of recoupment.

Mr. Miller, of Houston, gave notice of a motion to reconsider the action of the House upon the above bill.

The Speaker appointed the following committee on the question of equalizing the labor of the Judges of the Superior Courts in this State, on the part of the
House: Chambers, chairman; Daniel, Dickin, Hulsey, Far-

270

JouRN.A.L o1r THE HousE.

nell, -Williams of Columbia, Smith of 'Valton, Lang, Hudson, Luffman, Berry, Davis of Houston, Peacock, Barksdale, vVall, Dozier, Taliaferro, Vick, Riden and Fletcher.

The following bill was read the third time, and the necessary constitutional majority having voted in the affirmative, was passed, to-wit:
A bill to provide for the probate of foreign wills, and for the appointment and qualification of administrators to carry out the provisions of foreign wills when admitted to probate and record in this State.

On motion of Mr. Hall, the rules were suspended and the following bills were introduced, read the first time and referred to the Committee on the Judiciary:

A bill to enable the State to collect certain taxes owing by r-ailroads in this State under fl. fas. now pending, and to legalize the assessments already made for that purpose.

Mr. Nitibet, acting chairman of the Committee on the Academy for the Blind, on the part of the House, submitted the following report :

Mr. Speaker :

The joint committee of the SPnate and House on the Academy for the Blind, to whom was assigned the duty of visiting and examining that Institution, beg leave to make the following report:
Your committee have visited the Institution, and after a thorough inspection of the buildiugs and gounds, find them in admirable condition. New oil-cloths are needed on the hall floors, some additional stair-rails and wainscotting, and some repainting are also needed,

WED:NESD.A.Y, NovEMBER 27, 1878.

271

but with these exceptions, we find the buildings in perfect repair, and the perfect order and thorough neatness and cleanliness throughout the same are very commendable.
'Ve were especially gratified by the skill and protidency exhibited by the pupils, both in instrumental and vocal music, and the aptness and z.eal with which they appear to have pursued their studies in other departments.
Upon examination of the books of the Institution, we find tllat on September the 30th last, there remained in the hands of the Treasurer of the Institution the sum of one thousand three hundred and twelve dollars unexpended from the appropriation made for the support and maintenance of the Institution and improvements. \Ve find that in accordance with the appropriation made for that purpose, a cistern has been built on the most approved plan, capable of holding over thirty thousand gallons of water, and the Institution is thus assured of a full supply of good, pure water for drinking purposes, besides having in this cistern a protection in case of fire.
\Ve were also much pleased with the practical operations of the work-shops connected with the Institution, and consider this one of the best features of the Institution.
We find in this sllop boys who are hopelessly blind, that have, within a. short time, been prepared by their training there to make a comfortable support for themselves.
The Board of Trustees meet once each month, and from the thorough economy and care with which the Institution is managed and the expenditures made, we feel no hesitation in commending their faithful and competent discharge of their duties. The Board of Trustees ask for an appropriation of $24,000 for the

272

JouRNAL Ol!' TH.W HousE.

maintenance of the Institution for two yea1s, commenc ing October 1, 1878. Your committee are so thoroughly satisfied that the strictest care and economy are exercised in all the expenditures connected with the Institution, and in view of the improvements in the way of brick privies, which it has been found neet>ssary to build, and which are now in course of construction, and in view of the necessity of the refurnishing and repairs above referred to, we recommend that the appropriation be granted as asked for.
In conclusion, your committee take pleasure in commending the Board of Trustees, and the Principal,
Mr. vV. D. "Williams, for tlleir faithful and efficient
discharge of all their duties.
.A.ll of which is respectfully submitted. J. C. CLEl\IENTs, of the 44th,
Acting Chairman of the Senate Committee. RoBERT A. NISBET,
Acting Chairman of' the House Committee.

The following bill was read a third time, to-wit:

A bill to confer additioJ?.al powers upon the TaxCollectors of this State, and to make said Tax-Collectors ea:-o:fficio Sheriffs in certain cases, and for other purposes.

Mr. Miller, of Houston, called the previous question.

The call was sustained and the main question ordered.

On the passage of the bill, :Mr. Fort called for the yeas and nays.

The call was sustained, and on calling the roll of the House, the vote was as follows:

WEDNESDAY, NovEMBER 27, 1878.

273

Those voting in the affirmative are Messrs.-

Adams, Anderson of Newton, Awtry, Barron, Bell, Berry, Bird, Branch, Brannon, Butler, Cannon, Chambers, Chapman, Collins, Cook, Crawford, Davis of Baker, Davis of Houston, Duggar, Elder, Fitzgerald, Fletcher, Ford, Fort, Gammage,

Garrard, Grant, Greene of Baldwin, Hall, Hammond, Harrell, Harris, Harrison, Hill, Hogan, Hollis, Howell of Lowndes, Humber, Irvine, lvey, Jordan of Wilkes, Kendrick, Lamb, Luffma.n, Mathews, McAfee, McDonald, McLucas, Miller of Houston, Nisbet,

Northern, Park, Paull, Peacock, Phillips of Carroll, Phinizy, Polhill, Pope, Prescott, Redwine, Reese, Sheffield of 1\:Iiller, Sikes, Smith of Butts, Smith of Walton, Strickland, Tarver, Toole, Turner of Brook,, Vick, Wall, Walton, Westbrook, Zellner.

Those vot1ng in the negative are Messrs.-

Alston, Anderson of Morgan, Barksdale, Bleckley, Born, Brintle, Burch, Butt, Carr, Cox of Harris, Cunningham, Daniel, Dozier, Dupree,
18

Kimsey, King, 1\:Iaund, 1\IcConnell, McCurry, l\fcRae, Me '\Vhorter, Miller of Liberty, l\Iilnu, Mynatt, Oliver, Patterson, Perkins, Phillips of Cobb,

Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sibley, Smith of Oglethorpe, Strother, Taliaferro, Tate, Tatum, Thomas, Welch,

274

JouRNAL oF THE RousE.

Duvall, Glover, Greene of Madison, Hudson, Hulsey, Hutchins,

Phillips of Coffee, Pike, Rankin, Riden, Roach, Roberts,

Wheeler, wilcox, Williams of Columbia, Wright, Yancey.

Those not voting are Messrs.-

Anderson of Pulaski, Bennett, Brantley, Buchan, Clegg, Colley, Cox of Troup, Davison, DeLoach, Dickin, DuBose, Farnell, Fuller, Gray,

HankE, Harp, Henderson, Howell of Pickens, Jamison, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Kirby, Lang, Livingston, McGouirck, Mitchell,

Paine, Poppell, Puckett, Rogers, Sims, Turner of Coweta, walters, \Veehunt, \Yilliams, C. W. WilliamA, F. J. Willingham, wilmot, Wilson.

Yeas74. Nays 59. Not voting 41.

The constitutional majority not having voted iu the affirmative, the bill was lost.

Mr. Livingston moved to suspend the rules for the purpose of introducing a bill.

The motion was adopted and the rules suspended.

The following bill was then introduced, read the first time and referred to the Committee on the Penitentiary:
By Mr. LivingstonA bill to amend an act entitled an act to regulate the

WEDNEsDAY, NovEMBER 27, 1878.

27o

leasing out of penitentiary convicts by the G<Wernor, authorizing him to make contracts in relation thereto, and for other purposes, approved February 26, 1876.

M1. Hammond offered the following resolution, which was read and agreed to, to-wit:

A resolution-
Authorizing the committee appointed to investigate the motives and conduct of the Governor in placing the indorsement of the State upon the bonds of the Northeastern Railroad Company, to submit the evidence taken by them and their report in print, and to have 500 copies printed for the use of the House.

The following resolution, offered by Mr. Brintle, was read and agreed to, to-wit :

A resolution-
That when this House adjourns to-day, it adjourn till 10 o'clock A. 11r. Friday, the 29th instant, on account of Thanksgiving Day.

The following bill was read the third time, to-wit:
A bill to provide for the punishment of slander in this State.

The amendments proposed by the Committee on the Judiciary were adopted.

Mr. Phillips, of Carroll, called for the previous question.

During the consideration of the pending bill, Mr. Fort moved to adjourn till Friday at 10 o'clock A. M.

276

JouRNAL Oll' TIIE HousE.

Leave of absence was granted to Mr. Thomas, for two days, on account of pressing business.

The House then adjourned till Friday morning next at ten o'clock.

ATLANTA. GEORGIA,
Friday, November 29, 1878. 'fhe House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Rev. J. L. Rodgers.
The roll was called and a quorum found to be present.
Mr; Harrell, from the Committee on Journals, reported the Journal of Wednesday examined and approved.
The Journal was then read, corrected and approved.
Leave of absence for the morning session was granted to committee on investigation of the motives and conduct of the Governor in placing the State's indorsement on the bonds of the Northeastern Railroad.
Mr. Hanks moved to reconsider so much of the Journal as relates to the action of the House upon the passage of a bill "to define the 1ights of parties under the plea of recoupment."
The motion prevailed.
Mr. Zellner moved to reconsider so much of the Journal as relates to the action of the House upon the

FRIDAY, NOVEMBER 29, 1878.

277

passage of a bill "to confer additional powers upon Tax-Collectors, and to make them ex-officio Sheriffs in certain cases."

Mr. Cook called for the yeas and nays on the motion to reconsider.

The call was sustained, and upon calling the roll the vote was as follows :

Those voting in the affirmative are Messrs.-

Adams, Anderson of Newton, Awtry, Barron, Bell, Berry, Bird, Buchan, Cannon, Chambers, Cook, Davis of Baker, Duggar, Fitzgerald,
Fletcher, Ford, Fort, Gammage, Garrard, Grant, Hanks, Harrell,

Harris, Harrison, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Irvine, Ivey, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kirby, Lamb, Luffman, Maund, McAfee, McDonald, l\Iiller of Houston, Nisbet, Park,

Paull, Phillip~ of Carroll, Phinizy, Pope, Prescott, Redwine, Sheffield of Miller, Sikes, Smith of Butt~, Strickland, Strother, Tarver, Toole, Turner of Brooks, Vick, Wall, walton, Westbrook, Williams, F. J. Willingham, Zellner.

Those voting in the negative are Messrs.-

Alston, Anderson of Morgan, Bleckley, Born, Brintle, Butt,

Hudson, Hulsey, Hutchins, Kimsey, King, Livingston,

Pike, Polhill, Puckett, Rankin, Riden, Roberts,

278

JouRNAL OF THE HousE.

Carr, Chapman, Cox of Harris, Crawford, Cunningham, Daniel, Dickin, Dozier, Dupree, Duvall, Elder, Glover, Greene of Baldwin, Greene of Madison,

Mathews, McConnell, McCurry, McLucas, McRae, Miller of Liberty, Milner, Mitchell, Mynatt, Oliver, PatterRon, Phillips of Cobb, Phillips of Coffee,

RnRRell, Shannon, Sharman, Sheffield of Early, Sibley, Smith of Walton, Taliaferro, Tate, Tatum, "\Veehnnt, WC'lch, Wheeler, Wilcox.

Those not voting are Messrs.-

Anderson of Pulaski, Barksdale, Bennett, Branch, Brannon, Brantley, Burch, Butler, Clegg, Colley, Collins, Cox of Troup, Davis of Houston, Davison, DeLoach, DuBose, Farnell, Fuller,

Gray, Hall, Hammond, Harp, Henderson, Humber, Jamison, Janes, Johnson of Clay, Johnson of J ohuson, Lang, McGouirck, McWhorter, Northern, Paine, Peacock, Perkins,

Poppell, Reese, Roach, Rogers, Roney, Scruggs, Sims, Smith of Oglethorpe, Thomas, Turner of Coweta, Walters, Williams of Columbia, Williams, C. W. Wilmot, Wilson, Wright, Yancey.

Yeas 65. Nays 58. Not voting 52.

So the motion to reconsider prevailed.

Leaves of absence were granted as follows, namely

FRIDAY, NOVEMBER 29, 1878.

279

To Mr. Chapman for Saturday the 30th instant; to Mr. McCurry, for a few days, on account of important business in court; to Mr. Sike::>, for Monday next, on account of important business; to Mr. Perkins, on account of sickness, for a few days ; to Mr. Bennett, for a few days, on important business; to Mr. Reese, on account of sickness in his family; to Mr. Lamb, on account of a death in his family, for a few:.days; to Mr. Roney, for two days, on account of sickness in his family.

Mr. Crawford offered the following resolution, which was read and agreed to, to-wit:

A resolution-
Tendering the use of this Hall to Peterson Thweatt, for to-night, to address the members of the Legislature.

Mr. Miller, of Houston, chairman of the Committee on Banks, made the following report:

Mr. Speaker:

The Committee on Banks have had under consideration the following bill, which they recommend do pass by substitute, to-wit:

A bill to be entitled an act to make it a felony for the President and Directors of any bank, loan or trust company, or other company incorporated by the laws of this, or doing business in this State, or of any private bank or other company, incorporated or unincorporated, or any individual or individuals, doing a banking business, 0r a business where money or other article of value is received on deposit, being at the time insolvent, to receive money or other article of

280

JouRNAL OF THE HousE.

value on deposit and shall fail to pay the same to the depositor or person entitled within three days after demand, and to prescribe the punisment.

The committee have also had under consideration the following bill, which they recommend do not pass, to-wit:
A bill to be entitled an act to prohibit banks, trust and loan companies and other companies, incorporated under the laws of this State, or doing business in this State, private banks and other companies incorporated or unincorporated, from contracting for more than lawiul interest, and to prescribe a penalty for the violation thereof.
Respectfully submitted. A. L. MILLER, of Houston, Chairman.

Mr. Harrison offered a resolution fixing the hours of meeting and adjournment.
Read and disagreed to.

Mr. Adams offered the following resolution, which was read and referred to the Committee on Rules, towit:

A resolution-
That hereafter leaves of absence be granted to members of this House only for Providential causes.

The regular order of business-the call of the roll of counties for the introduction of new matter-was taken up.

The following bill was introduced, read the first time and referred to the Committee on Wild Lands :

FRIDAY, N OVEl\IBER 29, 1878.

281

By Mr. Davis, of BakerA bill to correct the illegalities and inequalities of the wild land sales made by the Sheriffs of this State during the year 1878.

The following bill was introduced, read the first time and referred to the Special Committee on the sale of the Macon and Brunswick Railroad:

By Mr. HarrisA bill to authorize and require the Superintendent of the Macon and Brunswick Railroad to alter and change the railroad bridge over the Ocmulgee River to a draw-bridge, and to pay for the same out of the earnings of said road.

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

By Mr. BuchanA bill to establish a County Court in each county of this State.

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

Mr. Speaker:
The Senate has adopted the following resolution, to-wit:
Resolved, By the Senate that the House of Representatives be requested to return to the Senate the bill to be entitled an act to prescribe the manner of giving notice of an intention to apply to the Legislature for the passage of local and special bills.

The Senate has also concurred in the House resolution instructing the Comptroller-General to suspend sales of wild lands and transfers of executions.

282

JOURNAL OF THE HOUSE.

Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the following report:
M'r. Speaker:
The Committee on the Judiciary have had under consideration the following bills, which they recommend do pass as amended, to-wit:
A bill to be entitled an act to amend section four thousand six hundred and ninety two (4692) of the Revised Code of 1873, relating to the trial of joint defendants.
Also, a bill to be entitled an act to authorize the municipal authorities of towns and cities, whose population exceeds five thousand inhabitants, to compromise their bonded debt ; to provide for the issue and exchange of new bonds for outstanding bonds and coupons; to provide for the establishment and management of a sinking fund for the redemption of such new bonds and coupons, and for other purposes.
The Committee have also had under consideration the following bills, which they recommend do not -pass, to-wit:
A bill entitled an act to allow defendants in distress warrant proceedings to defend without giving bond and security for the payment of the eventual condemnation money in certain cases.
Also, a bill entitled an act to expedite the trial of criminal cases, and to lessen the expense of trying the same.
Respectfully submitted. H. G. TuRNER, Chairman.

Mr. Hammond, chairman of the Committee on Local and Special Bills, submitted the following report :

FRIDAY, NovEMBER 29, 1878.

283

Mr. Speaker:
The Committee on Local and Special Bills have had Tinder consideration the following bills, which were referred to them after having been read by their titles, and which, being purely local in their character, are herewith reported back to the Honse, with the recommendation that leave be granted the members by whom they were introduced to withdraw the same, in order that publication of the intention to introduce them may be made in such manner as the General Assembly shall hereafter prescribe, to-wit:
A bill to be entitled an act to regulate the publication of the registered voters of the city of Augusta.
Also, a bill to be entitled an act to repeal an act en-
titled an act to require the Mayor of the city:of Au-
gusta to discharge the duties of the Recorder of said city ; to limit the salary of said Mayor, and for other purposes.
W. M. HAl\DlOND, Chairman.

Mr. Livingston introduced the following resolution, which was read and agreed to, to-wit:

A resolution--

To request those members who have obtained leave of absence for causes, other than Providential, not to absent themselves from the session as indicated in said leave of abscence.

The special order of the day, to-wit: the bill "to authorize the Governor to issue bonds to the amount of five hundred thousand dollars for the purpose of paying the principal and interest of bonds falling due in the next three years, and to reduce the interest on the same," was taken up.

184

JouRNAL oF TilE HousE.

Mr. Phillips, of Cobb, moved to adjourn till Monday morning at 10 o'clock.
The motion was lost.

Mr. Miller, of Houston, moved that the consideration of the bill be made the special order for W ednesday next a.t eleven o'clock A. M.
The motion prevailed.

The regular order-the mill of aounties--wa.s resumed.

The following bill was introduced, read the first time and referred to the Committee on the Penitentiary:
By Mr. BerryA bill to provide for the transportation of convicts whose term of imprisonment has expired back to their homes.

The following bills were introduced, read the first time and referred to the Committee on the Judiciary :
By Mr. DanielA bill to amend section 3940 of the Revised Code of Georgia, to fix: the compensation of jurors of the County Courts, and other Courts of this State exercising criminal jurisdiction. By Mr. PikeA bill to regulate the 'advertising fees of Sheriffs and other officers, and to prescribe the rates which shall be charged by newspapers for legal advertising, and for other purposes. By Mr. StrotherA bill to provide for carrying into effect sentence in certain criminal cases, and for other purposes. By Mr. Rulsey.A bill to prescribe the manner of paying insolvent

PRIDAY, NOVEMBER 29, 1878.

285

costs of the Justice Courts of this State in certain cases therein mentioned.
By Mr. CarrA bill to protect landlords in securing rents, and for purposes. By Mr. HallA bill to amend an act, approved Pebruary, 1875, relative to the appointment of stenographic reporters for the Superior Courts of this State. By Mr. HarrisA bill to prohibit railroad or other incorporated company of this State, or other States, or foreign States, doing business in this State, from making contracts with their employees, whereby said employees are required to waive damages in case of injury, and to dPclare such contracts null and void.

Mr. Hanks offered the following resolution, which was read and referred to the Committee on the Judi~ ciary:

A resolution-

Iu relation to a revision of the Code.

The following bill was introduced, read the first time and referred to the Committee on Finance:
By Mr. HulseyA bill for the relief of Thomas C. McCreary. By Mr. HarrisonA bill to require a license of vendors or dealers in pistols, revolvers, dirks or bowie-knives and similar weapons of a deadly character, and to prescribe a penalty for a violation of this act. By Mr. ChambersA bill to authorize the registration of the bonds of this State, and for other purposes.

286

JOURNAL OF THE ROUSE.

Mr. Turner, of Brooks, moved to suspend the rules for the purpose of taking up the following Senate resolution, to-wit:

A resolution-

.

Requesting the House to retmn to t~e Senate the

Senate bill prescribing the manner of giving notice of

an intention to apply to the Legislature for a local

bill.

The motion prevailed, the rules were suspended and the resolution read and concurred in.

On motion of Mr. Turner, of Brooks, the concurrence of the House in the Senate resolution, and the bill referred to in said resolution, were ordered to be at once transmitted to the Senate.

The following bill was introduced, read the first time and referred to the Committee on Agriculture :
By Mr. Smith, of OglethorpeA bill to prevent the transfer of notes given for fertilizers in this State, and for other purposes.

The following bills were introduced, read the first time and referred to the Committee on Railroads :

By Mr. GarrardA bill to prevent railroad companies from purchasing or leasing railroads or from buying shares of stock in the same. By Mr. WrightA bill to provide for obtaining reliable information upon the subject upon railroad rates and charges for freight and passage with a view to frame a law that will prevent unjust descrimination by the various railroad companies in this State, and for other purposes.

FRIDAY, NovEMBER 29, 1878.

287

Also, a bill to prevent railroad monopolies.

The unfinished business-the consideration of the bill "to make slander a crime in this State"-was taken up.

The call for the previous question was sustained and the main question ordered.
Mr. Hall called for the yeas and nays.
The call was sustained, and on calling the roll ot the House, the vote was as follows :

Those voting in the affirmative are Messrs.-

Alston, Anderson of Xewton, Barron, Bell, Berry, Bird, Cannon, Chambers, Chapman, Cook, Crawford, Cunningham, Daniel, Dickin, Dupree,
D~all,
El , Fort, Garrard,

Gray, Greene of Madison, Hall, Hogan, Howell of Lownde~, Hulsey, Humber, Jordan of Wilkes, Kimsey, Lamb, Livingston, Mathews, Maund, McLucas, Mitchell, Nisbet, Oliver, Phillips of Carroll,

Phillips of Coffee, Pope, Rankin, Redwine, Riden, Sheffield of Miller, Sibley, Smith of Butts, Smith of Oglethorpe, Smith of )Valton, Strother, Taliaferro, Tarver, Toole, Wall, Walton, Wright, Zellner.

Those voting in the negative are Messrs.-

Adams, Anderson of Morgan, Bleckley, Born, Branch,

Harrell, Harris, Harrison, Hill, Hollis,

Patterson, Paull, Phillips of Cobb, Phinizy, Pike,

288

JOURNAL OF THE RousE.

Brannon, Brintle, Buchan, Burch, Butt, Carr, Cox of Harris, lJox of Troup, Davis of Baker, Dozier, Duggar, Fitzgerald, Fletcher, Ford, Gammage, Grant, Glover, Greene of Baldwin, Hammond, Hanks,

Howell of Pickens, Hudson, Hutchins, Irvine, Ivey, Kendrick, King, Kirby, Luffman, McAfee, McConnell, McCurry, McDonald, McRae, Miller of Houston, :Miller of Liberty, Milner, Mynatt, Northern, Park,

Polhill, Prescott, Puckett, Roach, Roberts, Russell, Shannon, Sharman, Sheffield of Early, Sikes, Strickland, Tate, Tatum, Turner of Brooks, Vick, Weehunt, Welch, vV estbrook, Wilcox, Williams, F. J.

Those not voting are Messrs.-

Anderson of Pulaski, Awtry, Barksdale, Bennett, Brantley, Butler, Clegg, Colley, Collins, Davis of Houston, Davison, DeLoach, DuBose, Farnell, Fuller,

Harp, Henderson, Jamison, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Lang, McGouirck, Me '\Vhorter, Paine, Peacock, Perkins, Poppell, Reese,

Rogers, Roney, Scruggs, Sims, Thomas, Turner of Coweta, '\Valters, Wheeler, Williams of Columl Williams, C. W. Willingham, wilmot, Wi).son, Yancey.

Yeas 56. Nays 75. Not voting 44.

So the bill was lost.

FRIDAY, NovEMBER 29, 1878.

289

The Committee on Rules submitted the following report:

Mr. Speaker:
The Committee on Rules beg leave to submit to the House the following as an additional rule of the House, to-wit :

The House shall grant to no member leave of absence except for Providential causes.

The committee further report that the Committee on the Geological Bureau was by mere clerical mistake omitted from the list of the standing committees of the House. This committee has been one of the regular standing committees of the House ever since the organization of the Geological Bureau. The committee, therefore, recommend the adoptiol! of the following resolution:
Resolved, That the Committee on Geological Bureau is one of the standing committees of the House.

The committee a]so recommend the adoption of the following resolution:

Resolved, That all leaves of absence heretofore

granted to members of the House for any cause other

than Providential, be and the samP. are hereby revoked.

Provided, This shall not apply to committees absent

on duty.

A. 0. BACON, Chairman ex-officio;

H. G. WRIGHT,

H. G. TURNER,
w. M. H.A:\Il\IOND.

The above report was adopted, and the rnle and res-
olutions contained therein were taken up consecutively, read and agreed to.
19

290

JouRNAL oF THE RousE.

The following bill was taken up in its order, read the third time, the amendments proposed by the committee adopted, and the bill, as amended, passed by the necessary constitutional majority, to-wit:

A bill to amend an act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, assented to February 29, 1876, by giving to said purchasers time to finish roads where the same a1e incomplete.

On motion of Mr. Garrard the bill was ordered to be at once transmitted to the Senate.

The following bill was then taken up, read the third time and passed by the necessary constitutional majority, yeas 127, nays 6, to-wit:

A bill to define the rights of parties under the plea of recoupment.

On motion of Mr. Westbrook, the rules were suspended, and the following bill introduced, read the first time and referred to the Committee on Railroads, to-wit:

A bill to regulate freight and passenger tariffs so as to secure just and reasonable rates, and prevent unjust discriminations on the various railroads in this State.

The following bill was, on motion of Mr. Zellner, laid on the table, to-wit:

A bill to confer additional powers upon the TaxCollectors of this State, and to make said Tax-Collectors ex-officio Sheriffs in certain cases.

Leaves of absence were granted to Mr. Kimsey and

SATURDAY, NOVEMBER 30, 1878.

291

Mr. Kendriek, for a few days, on account of sickness in their families.

The House adjourned till tomorrow morning at ten o'clock.

ATLANTA, GEO]{GIA,
Saturday, November 30, 1878.
The Honse met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. J. L. Rodgers.
The roll was called and a quorum found to be present.
Mr. Welch, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
The following message was received from the Senate through Mr. Harris, tlle Secretary thereof:
M1. Speaker:
The Senate has receded from its disagreement to the House amendment to tlle bill to prescribe the manner of giving notice of intention to apply for local and special bills, and in lieu thereof has adopted the majority report of the joint committee of conference on that subject, as a substitute for the House amendment.
The Senate has also passed the following bills, towit:

292

JouRNAL OF THE HousE.

A bill to carry into effect section 18, paragraph 2, article 6, of the Constitution of 1877.
Also, a bill to reduce and regulate the fees of TaxReceivers and Collectors in all the counties of the State, and to repeal all local laws relating thereto.

Mr. Livingston, chairman of the Committee on Agriculture, submitted the following report:

Mr. Speaker:

The Committee on Agriculture, to whom was referred the itemized account of expenditures by the Department of Agriculture, und\r resolution of this House, from the organization of the same to the present time, have directed that said account of expenditures be returned to the House with the request that the same be read for the information of the House.
L. F. LIVINGSTON, Chairman.

On motion of Mr. King, the rules were suspended, and the following report read, and three hundred copies ordered printed for the use of the members of this General Assembly :

SATURDAY, NovEMBER 30, 1878.

293

STATEM:ENT.
Itemized Statement of the Receipts and Expenditures of the Department of Agriculture, from September 1, 18i4, to September 30, 1878.

FRmi SEPT. 1,1874, To DEc. 31, 1874.

Dr.

1874-To amounts drawn from the Treasury on Executive warrants ......

Cr.

By paid-Postage . . . . . .$ 92 48

Printing . . . . 265 80

Salaries of employees 1,173 38

Expense ..... .

94 10

Freight-R. R. and

Express . . . . . . 20 65-$ 1,646 41

By cash on hand . . . . . . .

73 88

$ 1,720 29

$ 1,720 29 $ 1,720 29

FoR THE YEAR 1875.

Dr.

1875-To amount brought over from 1874. To amount Executive warrants ...

Cr.

By paid-Postage . . . . . . $ 455 36

Printing . . . . . . 1,599 62

Salaries of employees. 6,339 16

Expense . . . . . . . 167 76

Freights-railroad and

Express.

169 15

Library . , . . . . . 48 73

Stationery . . . . 367 47

Office furniture . . .. 41 90

Agricultural statistics. 60 12

Traveling expenses .

30 00

State Fair expenses .

42 05

$ 73 88 10,624 00

$9,329 32 By cash on hand carried to 1876 . . . ..

1,368 56

$10,697 88 $10,697 88

294

JOURNAL OF THE HOUSE.

FoR THE YEAR 1876.

Dr.

1876-To amount brought over from 1875 .

To amount Executive warrants . .

Cr.

By paid-Postage . .

. . $ 614 11

Printing ..

285 58

Salaries of employees. 6,591 66

Expense.

228 30

Freight ..

60 13

Library ..

1 50

Stationery .

65 13

Office furniture . . .

5 50

Agricultural statistics 93 34

Traveling expenses .. 407 80

Entomology . . . . . 130 28

Fisheries . . . . .

3 85

Seeds for distribution. 14 00

Hand Book of Georgia 172 00

Library Meteorological

Ins'tts and Special

Printing . . . . 1,368 56-$10,041 74

By ca,~h on hand, carried to 18i7

682 53

$ 1,368 56 9,355 71

810,724 27

FoR THE YEAR 1877.

Dr.

1877-To amount brought over from 1876 . .

To amount Executive warrants ....

Cr.

By paid-Postage . . . . $ 1,256 75

Printing . . . . 1,781 54

Salaries . . .

4,651 00

Meteorology

301 00

Expense .

129 99

Freights . .

51 03

Library . .

27 84

Stationery .

136 08

Office furniture 27 75

Traveling expenses . . 214 00

State Fair expenses . . 20 15

Hand Book of Georgia 928 42-$ 9,555 55

By cash on hand carried to 1878

773 67

$10,724 27
$ 682 53 9,646 69

$10,329 22 $10,329 22

SATURDAY, NOVEMBER 30, 1878.

295

FRoM JANUARY 1 TO SEPTE:IIBER 30, 1878-9 MoNTHS.

Dr. 1878-To cash b1ought over from 1877 ..
To amount Executive warrants ..

$ 773 67 9,~4 63

Cr.

By paid-Postage . . 988 65

Printing . . . . 3,796 99

Salaries of emrloyees . 4,489 70

Meteorology . . 289 01

Expenses. . . . . . . 101 70

Freight .

31 85

Library . . . . .

13 40

Stationery . . . . 133 25

Traveling expenses . 302 35

Seeds for distribution 3 10

Hand Book of Georgia 48 30

$10,198 30 $10,198 30 $10,198 30

THE DEPARTMEXT OF AGRICULTURE IN ACCOUNT WITH APPROPRllTION

FOR FIVE YEARS.

1874 to

Dr.

1878-To five years annual appropri-

ation of $10,000 per annum

$50,000 00

Cr.

By amount (total) of Executive warrants . . . . . . . $40,771 32

By amount allowed to revert to Treasury . . . . . . . . 2,500 00-$43,271 32
By amount undrawn of annual

appropriation for 1878 . . .

6,728 68

$50,000 00 $50,000 00

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

Mr. Speaker :
The Committee on Finance have had under consideration the following bill, which they recommend do pass,-as amended, to-wit:

296

JOURNAL OF THE HOUSE.

A bill tc be entitled an act making appropriations for the Executivt>, Legislative and Judicial expenses of the Government, and for other purposes herein mentioned, per annum, for the years 1879 and 1880.
Respectfully submitted. N. L. HuTCHINS, Chairman.

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 resolution, to-wit:

A resolution-

Instructing the Comptroller-General to suspend the sales of wild lands and transfer of executions.
JA:c~IEs A. GREEN, Chairmanpro tem.

Mr. Turner, of Brooks, chairman of the Committee o:n the Judiciary, submitted the following report:

Mr. Speaker:
The Committee on the Judiciary have had under consideration the following bill, which they recommend do pass, by substitute, to-wit:
A bill entitled an act to provide for the appointment of a Judge, pro hoc vice, to hold the term, or adjourned term of any Superior Court in this State in case the presiding Judge is sick, disabled or hindered from unavoidable or Providential cause from attending said term or adjourned term of the Court.
Respectfully submitted. H. G. TuRNER, Chairman.

:::lATURDAY, NOVEMBER 30, 1878.

297

On motion of Mr. Harris, the rules were suspended and a memorial introduced and referred, without being read, to the Committee on Agriculture.

Mr. Adams offered the following resolution, to-wit:

A resolution-

That after Wednesday next no new business shall be introduced.

Mr. Rankin offered an amendment as follows, namely: "Except such as may be reported by the committees.''
The amendment was lost.
The original resolution was then lost.

On motion of Mr. Crawford, the rules were suspended and the following resolution read and referred to the Committee on the Judiciary, to-wit:

A resolution-

To authorize Peterson 'l'hweatt to sue the State for his unpaid salary for services.

On motion of Mr. Hutchins, chairman of the Committee on Finance, three hundred copies of the bill ''entitled an act to make appropriations for the Legislative, Executive and Judicial Departments of this State, and for other purposes therein mentioned, for the years 1879 and 1880," were ordered printed for the use of the House.

At the request of the Committee on Finance, submitted throngh the chairman thereof, Messrs. Davison and Wilson were added to the Committee on Finance.

The regular order-the reading of House bills the

298

JouRNAL OF THE HousE.

second time-was taken up, and the following bill read the second time and made the special order for Friday, December 6, 1878, immediately after the reading of the Journal, to-wit :

A bill to repeal an act to establish a Department of Agriculture for the State of Georgia, approved February 24, 1874.

Mr. Turner, of Brooks, moved to suspend the rules for the purpose of taking up the Senate bill in regard "to giving notice of an intention to apply for local legislation.''

The rules were suspended, the bill taken up, thereport of the majority of the Committee of Conference read, and the whole matter laid on the table.

The following bill was, by permission of the House, withdrawn:
A bill to amend section 4814 of the Revised Code, by authorizing Ordinaries to turn over convicts in certain cases.
The following bills were read the second time, towit:
A bill to amend section 2971 of the Code of 1873. Also, a bill to make all causes triable at the first term. Also, a bill to provide for the appointment of a Judge, pro hoc vice, to hold the term, or an adjourned term, of any Superior Court in this State, in ca.se the presiding Judge is sick, disabled or hindered from unavoidable or Providential cause from attending said term or adjourned term. Also, a bill to amend section 24 of an act establish-

SATURDAY, N OVE'!I!BER 30, 1878.

299

ing a public school system for this State, approved August 23, 1873.
Also, a bill to authorize foreign incorporations to be sued in this State, and to provide for service on such incorporations.
Also, a bill to alter and amend section 28 of the school law of August 22, 1872, and to carry into effect, as to the past, the concluding words of that section as construed by the State School Commissioner.
Also, a bill to amend section 4692 of the Revised Code of 1873, relating to the trial of joint defendants.
Also, a bill to make appropriations for the Executive, Legislative and Judicial expenses of the Government, and for other purposes herein mentioned, for the years 1879 and 1880.
Also, a bill to prescribe the manner of fixing compensation for jurors and bailiffs in all the counties of this State.
Also, a bill to prescribe the manner in which county lines may be changed in this State.
Also, a bill to increase the jurisdiction of Justices of the Peace in cases against railroad companies arising under the act of 20th of February, 1854.
Also, a bi1l to prevent any Coroner in the State of Georgia receiving as fees, either for holding inquests or for burying the dead bodies, a sum per annum of more than fifteen hundred dollars out of the county treasury.
Also, a bill to be entitled an act to redeem lands sold under taxji.fas., etc.

The following bills were read the second time, the reports of the committees, which were adverse to the passage of the bills, adopted, and the bills lost, towit:
A bill to repeal an act requiring the payment of fines

300

J OURNAL OF THE HoUSE.

and forfeitures in the county treasury, and to regulate the disbursement of the same, approved February 27, 1876.
Also, a bill to amend an act entitled an act to levy a tax for the support of the government for the year 1877, and to -provide for the collection of taxes of the State, approved February 21, 1877.
Also, a bill to snspend thA issuing of executions from judgments rendered in the Justices Courts of this State in certain cases.
Also, a bill to amend the Constitution of this State. Also, a bill to prevent the consolidation of the offices of Sheriff and Tax-Receivers in any county of this State. Also, a bill to provide for the redemption of real estate by defendants in execution. Also, a bill to increase the fees of Magistrates and Constables in this State. Also, a bill to require the several railroads of this State to erect suitable platforms for the convenience and safety of passengers. Also, a bill to compel the railroads of this State to keep an agent at each and every station, and for other purposes. Also, a bill to amend section 3580 of the Revised Code of 1873, to fixing the lien of judgments. Also, a bill to require r.ertain officers herein named to postpone public sales on certain conditions therein mentioned, and for other purposes. Also, a bill to repeal section 3620 of the Code of 1873. Also, a bill to amend the claim laws of this State. Also, a bill to expedite the trial of criminal cases and to lessen the expenses of trying the same. Also, a bill to allow parties to file defenses under oath in actions of distress for rent~ and for other pur-

SATURDAY, NOVEMBER 30, 1878.

301

poses, and to make the proceedings returnable to the courts having jurisdiction thereof.
Also, a bill to abolish the office of State Geologist.
Also, a bill to require Justices of the Peace and Judicial Notaries to hold their courts at the election precincts of their respective districts.
Also, a bill to carry into effect paragraph 3, section 1, article 11, of the Constitution of this State.
.A.lso, a bill to add two sections to the Penal Code, and to make it penal to keep, use or employ, for the purpose of gaming, any wheel of fortune or other wheel, or to bet at the same.
Also, a bill to repeal an act entitled an act to authorize the Comptroller-General to require of the TaxReceivers of this State, a return of all lunatics, epileptics and idiots in each county in this State, and their sex and color, approved February 24, 1877.

The following bills were read the second time, and

by permission of the House, withdrawn:

'

A bill to provide one Commissioner of Roads and

Revenues in the county of Forsyth, and to prescribe

his powers and duties.

Also, a bill to exempt regular practicing physicans

from road duty.

Also, a bill to amend the usully laws of this State,

so far as they relate to banks, and for other purposes,

approved February 14, 1873.



Also, a bill to consolidate the offices of Receiver and

Tax-Collector in the several counties of this State, and

to prescribe the duties, qualification and pay of

same.

Also, a bill to regulate the return of wild lands in

this State for taxation and the sale thereof.

Also, a bill to carry into effect paragraph 3, section

302

JouRNAL OF THE HousE.

1, article 11, of the Constitution in relation to the manner in which county lines may be changed.
Also, a bill to compensate tales jurors summoned to try felonies.
.Ab.o, a bill to allow defendants in distress warrant proceedings to defend without giving bond for the eventual condemnation money.

The Committee on wild Lands, through, l\fr. Duvall, acting chairman, submitted the following report:

Mr. Speaker :

The Committee on Wild Lands have had under con-

sideration the following bill, which they reco::nmend

do pass, by substitute, to-wit:

A bill to be entitled an act to redeem wild lands sold

under taxfi.fas.

[Signed]

L. D. DuvALL, Acting Chairman.

Mr. Hutchins~ chairman of the Committee on Finance, submitted the following report, to-wit:

Mr. Speaker:
The joint committee of the Senate and House of Representatives, to whom was assigned the duty of the examination of the affairs of the ComptrollerGeneral and Treasurer of the State, respectfully re port that by sub-committees, the said offices have been examined, and the report of the sub-committee is herewith submitted, which is adopted and presented as the report of the Joint Finance Committee.
N. L. HUTCHINS, Chairman of the Committee on Finance
of the House of Representatives. T. B. CABANISS,
Chairman Senate Finance Committee.
Report of the Committee on Finance :

S.aruRDAY, NovEMBER 30, 1878.

303

.Mr. Speaker :
The Joint Committee on Finance have, as required by section 186 of the Code, examined the accounts and vouchers of the Comptroller and Treasurer as to all
moneys received into and paid out of the 'l'reasury since
the adjournment of the last Legislature. 'fhis duty bas been performed through a sub-com-
mittee, and bas been made as thorough as the time at
the disposal of the committee would allow. 'Ve find in the office of Comptroller every evidence that that officer has been faithful in the discharge of his duties.
His books are neatly, carefully, and, as far as we wpre
enabled to judge, correctly kept. As there is another committee charged with the duty
of examining the wild land office, we did not extend
our examination into it.
We examined as carefully as possible the records and vouchers of the Treasurer, and counted the cash
in the vault, and find that the report of this officer,
submitted to the Governor on the first of January, and his supplemental report of the first of October, are sustained by the true condition of his office.
Under the admirable system which prevails in both offices it is difficult to see how any error could occur
in the administration of the finances of the State, anc1 it is to the present incumbents that we are indebted for this system. It is cause for congratulation that the administration of the finances of the State is in hands at once so faithful and capable.
C. W. DuBosE, A. D. CANDLER, A. S. HAMILTON, Senate Sub-Committee. J. E. REDWINE, GEORGE R. SIBLEY, ROBERT A. NISBET, W. T. IRVINE, House Sub-Committee.

304

JOURNAL OF THE HoUSE.

Mr. Fort, chairman of the Special Committee on the Macon and Brunswick Railroad, submitted the following report, to-wit:

Mr. Speaker :
The Special Committee on the Macon and Brunswick Railroad have had under consideration the following bill, which they report back, with the recommendation that the introducer thereof be allowed to withdraw it, to-wit:
A bill to be entitled an act to lease the Macon and Brunswick Railroad.
Respectfully submitted. FORT, Chairman.

The following bill was read the second time and recommitted to the Committee on Agriculture:
A bill to abolish the State Board of Health.
Mr. Turner, of Brooks, moved to suspend the rules for the purpose of taking up the Senate bill on "the manner of giving notice of an intention to apply for a local or special bill."
The rules were suspended and the bill taken up.
Mr. Turner, of Brooks, then moved that the House recede from its amendment and adopt the amendment agreed to by the Senate.
Mr. McCurry moved to amend by inserting the word "general" before the word "circulation."
This amendment was withdrawn.
Mr. Pike offered an amendment, which was to strike

SATURDAY, NovEMBER 30, 1878.

S'Oo

out the words " one dollar," and insert " sixty cents."
Lost.

The House then receded from its amendment, and adopted the amendment agreed to by the Senate.

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

.A. bill to amend section 3854 of the Code.

On motion of Mr. Alston, the action of the House upon the Senate bill, with reference to local legislation, was ordered at once transmitted to the Senate.

Mr. Hammond offered the following resolution, which was read and agreed to, to-wit:

.A. resolution--

That the members by whom the local bills, embraced in the report of the Committee on Local and Special Bills, last made, were introduced, be allowed to with.draw the same.

Mr. Fort gave notice of a motion to reconsider the action of the House upon the passage of a bill to expedite the trial of criminal cases, and lessen the expenses of the same.

Mr. King gave notice of a motion to reconsider the action of the House upon the bill to abolish the office of State Geologist.

Leave of absence was granted to the members of the House Committee on the Macon and Brunswick Railroad from Monday next until Thursday next, to inspect said road.
20

306

JouRNAL ol!' TBE RousE.

Leave of absence was granted to Mr. Parks, on account of sickness in his family, and to Mr. Elder, for several days, on account of sickness in his family.

On motion, the House then adjourned till Monday morning next at ten o'clock.

ATLANTA, GEORGIA,
Monday, December 2, 1878. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Rev. .A.. T. Spalding, D.D.
The roll was called and a quorum found to be present. '
Mr. Kimsey, from the Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal was then read and approved.
Mr. King moved to reconsider so much of the Journal as relates to the action of the House upon a bill " entitled an act to abolish the office of State Geologist."
Mr. Born called for the previous question.
The call was sustained and the main question ordered.
Mr. McCurry called for the yeas and nays.
The call was sustained, and on calling the roll of the House, the vote was as follows :

MoNDAY, DECEMBER 2, 1878.

307

Those voting in the affirmative are Messrs.-

Anderson of Newton, Barkidale, Bell, Berry, Bird, Born, Brantley, Brintle, Buchan, Butt, Cannon, Carr, Crawford, Davis of Baker, Davis of Houston, DeLoach, Fletcher, Ford, Glover,

Greene of Madison, Hank", Harrell, Hollis, Howell of Lowndes, Irvine, Ivey, Johnson of Johnson, Jordan of Crawford, Kimsey, King, Kirby, Luffman, McCurry, McRae, Oliver, Paull, Peacock, Phillips of Carroll,

Phillips of Cobb, Phillips of Coffee, Prescott, Puckett, Redwine, :Roberts, Shannon, Sheffield of Miller, Sims, Smith of Butts, Smith of Oglethorpe, Strickland, Taliaferro, Tatum, Welch, Wheeler, Wilcox, Willingham, Wilson.

Those voting in the negative are Messrs.-

Adams, Alston, Anderson of Morgan, Barron, Bleckley, Branch, Burch, Chambers, Chapman, Collins, Cox of Harris, Daniel, Dozier, DuBose, Duggar, Dupree, Duvall, Fitzgerald, Fort, Gammage, Garrard, Grant,

Gray, Greene of Baldwin, Harrison, Henderson, Hill, Hogan, Howell of Pickens, Hulsey, Jordan of Wilkes, Livingston, Mathews, Maund, McDonald, McGouirck, Miller of Houston, Miller of Liberty, 1\<Iilntr, Mynatt, Nisbet, Patterson, Polhill,

Pope, Rankin, :Roach, Roney, Russell, Sharman, Sheffield of Early, Sibley, Smith of Walton, Strother, Tarver, Toole, Turner of Brook<J, Vick, Wall, Walton, Weehunt, Westbrook, Williams, C. W. Williams, F. J. Yancey.

008

Jouo.At oF nm ltoUd.

Those not voting are Messrs.-

Anderson of Polaski, Awtry,
Bennett, Brannon,
Butler, Clegg,
Colley, Cook, Cox of Troop, Oooningham,
Davison,
Diekin, Elder, Farnell, Fuller.,
Hall, Hammond,
Harp,

Harris, Hudson, Humber, Hutcldus, Jamison, Janes, Johnson of Clay, Kendrick,
Lamb.
Lang, Xa..:\.fee, McConnell,
McLucas,
McWhorter, Kitchell, Northern, Paine, Pa:rk,

Perkins,
Phini zy,
Pike,
Poppell, Reese,
RRiodgeenrs',
Sc:roggs,
Sikes, Tate, Thomas, To:rne:r of Coweta,
Wlllte:rs,
Williams of Columbia, W":ilmot, W:right, Zellner.

Yeas67. Nays 64. Not voting 58.

So the motion to reconsider was lost.

Mr. Miller, of Ronaton, offered the following resolution, which wa.s rea.d and agreed to, to-wit:

A resolution-
Fixing the hour of meeting of this Honse a.t 9:30 A. M. and the hour of adjournment a.t 1:90 P. M. each day.

Leave of Bibsence was granted to Mr. Barron, for a. few da.ys, on account of sickness in his fa.mily.

Mr. Turner, of Brooks, chairman of the Committee on the Jndicia.r7, anbmitted the following report:

MoNDAY, DEcEMBER 2, 1878.

309

Mr. Speaker:

The Committee on the Judiciary have had under consideration the following bill, which they recommend do pass, by substitute, to-wit:

A. bill entitled an act ta prohibit the sale of intoxicating drinks within two miles of election precincts in this State on election days.
The committee have also had under consideration the following bills, which they recommend do not pass, to-wit:

A. bill to be entitled an act to confer upon Justices of the Peace and Notaries Public, who are ex-officio Justices of the Peace, for each county of this State,
the right to try cases of petit larceny.
Also, a bill entitled an act to repeal section 3739 of the Code of 1873, and to provide that the burden of proof in the trial of claim cases shall lie upon the claimants.
Also, a bill entitled an act to amend section 610 of the Revised Code of 1873, with reference to the class of persons required to perform road duty in this State.
Also, a bill to be entitled an act to repeal all. act entitled an act to repeal sections 1041, 1042, 1043, 1044 and 1045, inclusive, and to re-enact said sections, and for other purposes.
Also, a bill to be entitled an act to can-y into effect section 5 of article 2 of the Constitution of this State.
Also, a bill to be entitled an act to change section 610 of the Code of 1873, by striking out "fifty," and inserting " forty-five."
Respectfully submitted. H. G. TuRNER, Chairman.

310

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 bills, towit:
A bill to repeal section 1677 of the Code, and in lieu thereof to provide for the amendment of charters of schools, churches, academies, etc.
Also, a bill to authorize appeals in the Justices Courts of this State, to provide for the same, and for other purposes.
Also, a bill to enforce paragraph 1, section 9, article 7, of the Constitution.
Also, a bill to alter and amend the garnishment laws of this State.
Also, a bill to amend section 1779 of the Code. Also, a bill to regulate the advertisements of sales by sheriffs and administrators.

The regular order-the call of the roll of counties for the introduction of new matter-was taken up.

The following bill was introduced, read the first time and referred to the Committee on the Judiciary :
By Mr. Jordan, of WilkesA bill to prescribe the compensation for jurors and officers in cases of lunacy and inquests. By Mr. HallA bill to prevent the giving, or promising to give, any fee or reward to the State Treasurer, or any other officer of the State, or any person whatever, for the use of, or deposit of money of the State, and to prescribe a penalty therefor. Also, a bill to prescribe the practice in claim cases. Also, a bill to prescribe the duty of Judges of the

MONDAY, DECEMBER 2, 1878.

311

Superior Court in examining and approving bills for insolvent costs due to officers of the Court, and for other purposes.
Also, a bill to repeal section 4687 of the Revised Code of Georgia, and an act assented to on the 26th day of February, 1874, both of which prescribe the manner of changing the venue of criminal cases.
Also, a bill to carry into effect paragraph 5, section 2, article 1, of the Constitution, to define lobbying and prescribe a penalty therefor.
Also, a bill to prohibit the State Treasurer, or any officer of the State, from using the money of the State, and from receiving, or agreeing to receive, any fee, interest or reward from any person, bank or corporation for the deposit or use of money of the State, and to prescribe a penalty therefor.
By Mr. StrotherA bill to prohibit more effectually any officer of court from practicing law in his own court as now provided.
By Mr. TarverA bill to require all merchants and traders of this State to keep a book account of all farm products bought by them. By Mr. MynattA bill to change the beginning of the terms of the Supreme Court. By Mr. Sheffield, of MillerA bill to amend sections 2495 and 2496 of the Code of 1873, so as to make securities on the official bonds of Clerks of Superior Courts liable tor the waste or mismanagement of estates in cases where said Clerks are, or have been, or may be appointed administrators by virtue of their office. By Mr. RussellA bill to prescribe the duty of the Sheriff and other

312

JouRNAL oF THE HousE.

lawful officers in actions for the recovery of personal property where bail is required.
By Mr. AdamsA bill to authorize incorporated cities in this State to permit the enclosure of lanes or alleys in such cities where the owners of the lots abutting on such lane or alley or part thereof consent. By Mr. GrayA bill to provide for the organization of chain-gangs for misdemeanor convicts in this State. By Mr. McCurryA bill to amend section 887 of the Revised Code, so as to reduce the fees of Tax-Collectors for issuing tax fl.fas.

The following bill was introduced, read the first time and referred to the Committee on Finance:
By Mr. AlstonA bill to pay John Rice the 30 per cent. provided for by law as profits on the State Printing for the year 1870.

On motion of Mr. Strickland, the rules were suspended and the following resolution, read and agreed to, to-wit:
A resolution-
Requiring the Comptroller-General to furnish a certified statement of fl. fas. against lands, with the amount of each, and the amount sold for, if soln, and the excess on hand, to this House.

The following hills were introduced, read the first time and referred to the Committee on Wild Lands :

By Mr. DuvallA bill to extend the time for redeeming wild lands spld under tax fl. fas.

MONDAY, DECEMBER 2, 1878.

313

By Mr. Davis, of BakerA bill to amend an act "to regulate the manner of giving in land for taxation and the sale and redemption thereof, and for other purposes," approved February 28, 1874, and to extend the time for redeeming such land, and to reduce the per cent. to be paid on such redemption.

The following bill was introduced, read the first time and referred to a special committee of five to be appointed by the Speaker:
By Mr. RussellA bill to provide for the election of a keeper of the Executive Archives; to prescribe his duties and compensation, and for other purposes therein mentioned.

The following bill was introduced, read the first time and referred to the Committee on Agriculture :
By Mr. LivingstonA bill to amend an act "to render more efficient and economical the inspection and analysis of fertilizers," and to amend the laws in relation to the inspection and analysis and sale of the same.

The following bills were introduced, read the first time and referred to the Committee on Finance :

By Mr. PeacockA bill to require persons owning land lying partly in one county and partly in another to make tax returns for the same in the county in which the land is situated, except wild lands. By Mr. LivingstonA bill to refund to Wm. F. Herring, of Newton eounty, certain money paid by him in the purchase of bonds of the Macon and Brunswick Railroad Compony.

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JouRNAL OF THE HousE.

Mr. Miller, of Houston, offered the following resolution, which was read and referred to the Committee on Finance:

A resolution-

Requestin5 the Governor of this State to correspond with the Governor of Alabama in regard to an amount due this State by the State of Alabama for the keeping of certain lunatics.
On motion of Mr. Turner, of Brooks~ the rules were suspended for the purpose of reading Senate bills the first time and referring them to the proper committeet'!.

The following Senate bills were then read the first time and referred to the Committee on the Jndiciary :

A bill to carry into effect section 4, paragraph 9, article 4, of the Constitution of this State, in relation to the appointment of some person to preside in cases where the presiding Judge is disqualified.
Also, a bill to carry into effect paragraph 2, section 18, article 6, of the Constitution of 187'i, so as to provide for the selection of intelligent and upright jurors.
Also, a bill to authorize appeals in the Justice Courts of this State ; to provide for the same, and for other purposes.
Also, a bill to regulate the striking of juries in civil cases, and cases of misdemeanor, in the Superior Courts of this State.
Also, a bill to allow persons against whom warrants are sued out as intruders, or as tenants holding over, three days within which to file counter affidavits to such warrants.

MONDAY, DECEMBER 2, 1878.

315

Also, a bill to enforce paragraph 1, section 9, article 7, of the Constitution.
.Also, a bill to amend section 1779 of the Code. .Also, a bill to repeal section 1677 of the Code. .Also, a bill to regulate the advertisements of sales by Sheriffs and .Administrators. .Also, a bill to allow certain liens of landlords to be foreclosed before due in certain cases. .Also, a bill to provide for the filling of vacancies that may occur in the office of Governor. .Also~ a bill to alter and amend the garnishment laws of this State.

The following Senate bills were read the first time and referred to the Committee on Railroads :
.A bill to provide for the sale of railroads. .Also, a bill to~authorize the sale by common carriers of all freight unclaimed and the deposit in bank of the net proceeds of the sale to await the claim of the owner, and for other purposes.

The following Senate bills were read the first time and referred to the Committee on Finance :
A bill to reduce and regulate the fees of Tax-Receivers and Collectors in all the counties of this State ; to repeal all local laws relating thereto, and for other purposes.

.Also, a bill to fix the fiscal year for the State, and to provide how and when the message of his Excellency the Governor, and reports of the Comptroller-General and Treasurer, shall be made.
Alsu, a bill to prescribe the manner of allowing insolve:.t lists to Tax-Collectors.

The following Senate bill was read the first time and referred to the Committee on Education:

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JOURNAL OF THE HousE.

A bill to carry into effect section 4, article 8, of the Constitution.

The regular order-the reading of House bills a third time-was taken up.

The following bill was read the third time and passed, by substitute, on a division of the House, yeas 105, nays none, to-wit :
A bill to amend section 2971 of the Code of 1873.

The following bill was read the third time, towit:
A bill "to make all causes triable at the first term."

Mr. Fort moved to indefinitely postpone the bill.

Mr. Sheffield, of Miller, called for the previous question.

Pending the consideration of the bill, the House adjouned till9:30 o'clock A. 111. to-morrow.

ATLANTA, GEORGIA,
Tuesday, December 3, 1873.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. J. L. Rodgers.
The roll was called and a quorum found to be present.
Mr. Barksdale, from the Committee on Journals, reported the Journal of yesterday examined and approved.

IJ'uESDAY, DECEMBER 3, 187$.

317'

The Journal was then read and approved.

Mr. Mynatt, chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
'fhe Committee on Corporations have had before them the following bill to-wit:
.A bill "to be entitled an act to amend section 695 of the Code of 1873, by adding a proviso thereto,'' and I am instructed to report the same back to the House with a recommendation that it do not pass.
P. L. MYNATT, Chairman.

Mr. Polhill moved to reconsider so much of the Journal as relates to the action of the House upon a resolution "to require the Comptroller~General to furnish
certain information in regard to wild land taxfi. las.,
and sales thereunder."
The motion to reconsider prevailed.
Qp_ motion of Mr. Polhill, the resolution was then referred to the Committee on Wild Lands.
The unfinished business, to-wit: the consideration of a motion to indefinitely postpone action upon the bill "to make all causes triable at the first term."
The call for the previous question was put and sustained, and the main question was ordered.
Mr. MeWhorter called for the yeas and nays.
The call was sustained, and upon calling the roll the vote was as follo-ws :

sis

JouRNAL o:F THE HousE.

Those voting in the affirmative are Messrs.-

Alston, Awtry, Barksdale, Bell, Bennett, Berry, Bird, Born, Branch, Brannon, Brantley, Brintle, Buchan, Burch, Butler, Butt, Cannon, Carr, Chambers, Collins, Cox of Harris, Cox of Troup, Crawford, Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Dozier, DuBose, Duggar, Dupree, Elder, Fletcher, Ford, Gammage,

Grant, Glover, Greene of Baldwin, Greene of Madison, Hammond, Hanks, Harrell, Harp, Henderson, Hogan, Hollis, Howell of Pickens, Humber, Hutchins, Ivey, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kirby, Lang, Livingston, Luffman, Mathews, Maund, McAfee, McConnell, McCurry, McGouirck, McLucas, McWhorter, Oliver, Park, Patterson, Paull, Peacock, Phillips of Cobb,

Phinizy, Polhill, Poppell, Puckett, Rankin, Redwine, Roberts, Rogers, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sheffield of Miller, Smith of Oglethorpe, Smith of Walton, Strother, Taliaferro, Tatum, Thomas, Toole, Turner of Brooks, Vick, Wall, Walters, walton, Weehunt, Welch, Wheeler, Wilcox Williams of Columbia, Williams, C. W. Williams, F. J. Willingham, Wilmot, Wilson.

Those voting in the negative are Messrs.-

Anderson of Morgan, Hulsey,

Bleckley,

Irvine,

Chapman,

Janes,

Pope, Prescott, Reese,

TuEsD.AY, DECEMBER 3, 18'78.

319

Colley, Cook, Cunningham, Duvall, Fitzgerald, Hall, Harris, Harrison, Hill, Howell of Lowndes,

Kimsey, King, Miller of Houston, Miller of Liberty, Milner, Mynatt, Nisbet, Northern, Phillip~ of Carroll, Phillips of Coffee,

Riden, Roach, Roney, Sibley, Sims, Smith of ButtF, Strickland, Tarver, Wright, Yancey.

Those not voting are Messrs.-

.Adams, .Anderson of Newton, .Anderson of Pulaski, Barron, Clegg, Dickin, Farnell, Fort, Fuller,
Yeas 108. Nays 40. Not voting 27.

Garrard, Gray, Hudson, Jamison, Johnson of Clay, Kendrick, Lamb, McDonald, McRae,

Mitchell, Paine, Perkins, Pike, Sikes, Tate, Turner of Coweta, Westbrook, Zellner.

So the motion to indefinitely postpone prevailed.

Mr. King offered a resolution inviting Ron. J. R. Freeman to a seat on the floor.
Agreed to.

The regular order-the reading of House bills the third time-was taken up.

The following bill was read the third time, the substitute of the Committee on the Judiciary, was adopted, and, on a division of the House, the bill was passed, by substitute, by the constitutional majority, yeas 123, nays none, to-wit:

A bill to provide for the appointment of a Judge,

320

jOURNAL OF THE HOUSE.

pro hoc vice, to hold the term, or adjourned term, of any Superior Court in this State in case the presiding Judge is sick, disabled or hindered from unavoidable or Providential cause from attending said term, or adjourned term, of the court.

The following bill was read the third time, and, on a division of the House, passed by the constitutional majority, yeas 113, nays none, to-wit:

A bill to amend section 24 of an act establishing a public school system for this State, approved August 23, 1873.

The following bill was read the third time, the substitute proposed by the Committee on the Judiciary adopted, and, on a division of the House, the bill was passed by the constitutional majority, yeas 108, nays none, to-wit:

A bill to authorize foreign incorporations to be sued in this State, and to provide for service on such foreign incorporations.
Mr. Turner, of Brooks, chairman of the Committee 011 the Judiciary, submitted the following report:
Mr_ Speaker: The Committee on the Judiciary have had under
consideration the following Senate bills, which they recommend do pass, to-wit:

A bill to be entitled an act to repeal section 1677 of
the Code. Also, a bill to be entitled an act to carry into effect
paragraph 2, section 18, article 6, of the Constitution of 1877, so as to provide for the selection of intelligent and upright jurors.

TuESDAY, DECEMBER 3, 1878.

321

The committee have also had under consideration the following bill, which they recommend do pass, by
substitute, to-wit: A bill entitled an act to alter and amend section
2573 of Irwin's Revised Code, by requiring parties to file objections to returns of appraisers within three months, and not in six months.

The committee have also had under consideration the following bill, which they recommend do not pass, to-wit:
A bill entitled an act to regulate the practice in motions for new trials in the Superior Courts, etc.

The committee have also had under consideration

the following bill, which they report back with the

recommendation that it be referred to the Committee

on Agriculture, to-wit:

,

A bill to require all merchants and traders of this

State to keep a book account of all farm products

bought by them.

Respectfully submitted.

H. G. TuRNER, Chairman.

Mr. Phillips, of Cobb, chairman of the Committee on Counties and County Lines, submitted the following report:
Mr. Speaker:
The Committee on Counties and County Lines have had under consideration the following bill, to-wit:
A bill " to be entitled an act to carry into effect paragraph 1, section 2, article 11, of the Constitution of Georgia, giving the election of county Judge to the qualified voters of the respective counties, and fixing the term of office," which they recommend do pass.
C. D. PHILLIPS, Chairman. 21

322
The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary, to-wit:
Mr. Speaker:
His Excellency the Governor has approved and signed the following resolution, to-wit:
A resolution instructing the Comptroller-General to suspend sales of wild lands and transfer of executions.
Mr. .Alston, chairman of the Committee on Penitentiary, made the following report:
Mr. Speaker:
The Committee on Penitentiary have had under consjderation the following bill, to-wit:
A bill " to provide for the transportation of convicts whose term of imprisonment has expired back to their homes," and recommend that the s~me do not pass.
R. .A. ALSTON, Chairman Penitentiary Committee.
The following bill was read the third time, amended, and, on motion, laid on the table :
A bill to alter and amend section 28 of the school law of .August 22, 1872, and to carry into effect, as to the past, the concluding words of that section as construed by the State School Commissioner.
The following bill was read the third time, the amendments proposed by the committee were adopted, and, on a division of the House, the bill was passed by the constitutional majority, yeas 91, nays none:

'J.'UESDAY, DECEMBER 3, 1878.

323

A bill to be entitled an act to amend section four thousand six hundred and ninety two (4692) of the Revised Code of 1873, relating to the trial of joint defendants.

The general appropriation act was, on motion of Mr. Hutchins, made the special order for "Vednesday, the 4th instant, immediately after the reading of the Journal, and from day to day until disposed of.

The hour of 11 o'clock having arrived the special order for the day, to-wit: the bill "to establish the Middle Georgia Military and Agricultural College," was taken up.
The House went into Committee of the Whole House for the consideration of said bill.

Mr. Hammond, chairman of the Committee of the Whole House, submitted the following report :

Mr. Speaker:

'l'he Committee of the "\:Vhole House have had under consideration the bill "to establish the Middle Georgia Military and Agricultural College," and they have instructed me to report that they have made some progress, and ask leave to sit again.

The leave of a:bsence of Mr. Anderson, of Pulaski, was extended, on account of sickness.

Leave of absence was granted to Mr. McDonald, for one day, on account of sickness.

The House then adjourned till tomorrow morning at 9:30 o'clock.

324

JOURNAL OF THE HOUSE.

ATLANTA, GEORGIA,
\Vednesday, December 4, 1878.
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. Barksdale, chairman of the Committee on Jour- nals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
On motion of Mr. .Adams, the rules were suspended and the following bill was taken up and read the second time, to- wit :
.A bill to authorize the municipal authorities of towns and cities, whose population exceeds five thousand inhabitants, to compromise their bonded indebtedness ; to provide for the issue and exchange of new bonds for outstanding bonds and coupons ; to provide for the establishment and management of a sinking fund for the redemption of such new bonds and coupons, and for other purposes.
The special order-the general appropriation actwas then taken up, and the House went into Committee of the Whole House for the purpose of considering said bill.
Mr. Mynatt, chairman of the Committee of the Whole House, made the following report :

WEDNESDAY, DECEl\I:BER 4, 1878.

325

Mr. Speaker:

The Committee of the Whole House have had under consideration a bill "making appropriations for the Executive, Legislative and Judicial expenses of the Government, for the years 1879 and 1880." They have instructed me to report to the House that they have made some progress, and to ask leave to sit again.

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

Mr. Speaker:
The Senate has adopted the following resolutions, and asks the concurrence of the House therein :

A resolution-
Approving legislation by the National Legislature at Washington, distributing among the States the proceeds of public land sales for the benefit of popular education.
Also, a resolution in relation to the reduction of postage on certain publications of State Boards of Agriculture.

The Senate has also passed the following bills, towit:
A bill to amend section 274 of the Code. Also, a bill to repeal an act, approved February 28, 1874, entitled "an act to require judgment creditors in certain cases to have their judgments recorded in the county of the defendant's residence," and in lieu
thereof to require a proper docketing of the fl. fas. in
such cases. Also, a bill to amend section 244 of the Code of

326

JouRNATJ oF THE HousE.

Georgia of 1873, in relation to the charges of Judges of the Superior Courts to juries in writing, and for other purposes.

The l::;enate has also adopted a resolution to take a recess on Thursday, 12~h instant, to the first vVednesday in July next.

The :::lenate has also agreed to the House bill to enable the purchasers of railroads to form corporations, etc., with certain amendments proposed by the Senate.

On motion of Mr. Polhill, the rules were suspended and the following House bill was taken up, the amendments proposed thereto by the Senate were read, and, on motion, concurred in, to-wit:

A bill to amend an act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, assented to February 29, 1876, by giving to said purchasers time to finish wads where tile same are incomplete.

On motion of Mr. Adams, the rules were suspended and the following bill was introduced, read the first time and referred to the Committee on the Geological Bureau, to-wit :
By Mr. AdamsA bill to amend an act entitled an act to create the office of State ~eologist, anJ to provide for a Geological, Mineralogical and Physi,..al Survey of the State of Georgia, and for other purposes.

The hour of 11 o'clock A. M. llaving arrived, the special order for that hour was taken up, to-wit:
A bill to authorize the issue of bonds of the State of

WEDNESDA.Y, DECEMBER 4, 1878.

327

Georgia for the redemption of certain bonds of the State of Georgia falling due in the naxt three years, and to reduce the rate of interest on the same.

The bill was read a third time.

Mr. Hall moved to recommit the bill to the Committee on the Judiciary.
The motion to recommit was lost.

The following amendment was adopted : to add the words ''Americus, Albany and LaGrange" to the 3d and 6th sections.

On motion of Mr. Miller, of Houston, the House went into Committee of the Whole House to consider the bill.

Mr. Mathews, chairman of the Committee of the Whole House, made the following report:

Mr. Speaker:
The Committee of the Whole House have had under consideration a bill "authorizing the issue of bonds of the State of Georgia for the redemption of certain bonds of the State of Georgia falling due in the next three years, and to reduce the interest on the same," which they have instructed me to report back with the recommendation that it do pass as amended by the House.
Report of the committee was adopted.

On the passage of the bill, Mr. Wright called:ror the yeas and nays.
The call was sustained, and on calling the roll the vote was as follows :

328

JOURNAL OF THE HOUSE.

Those voting in the affirmative are Messrs.-

Adams, Alston, Anderson of Newton, Awtry, Barksdale, Bell, Bennett, Berry, Bird, Born, Branch, Brannon, Brantley, Brintle, Buchan, Burch, Butler, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Colley, Cook, Cox of Harris, Crawford, Cunningham, Davis of Baker, Davis of Houston, Davison, DeLoach, Dozier, DuBose, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Garrard, Grant, Glover,

Greene of Baldwin, Greene of Madison, Hanks, Harrell, Harp, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hulsey, Humber, Hutchins, Irvine, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kimsey, King, Kirby, Livingston, Luffman, Mathews, Maund, McAfee, McConnell, McCurry, McGouirck, McLucas, McRae, McWhorter, Miller of Houston, Miller of Liberty, Milner, Northern, Park,
Patterson, Peacock, Phillips of Carroll,

Phillips of Cobb, Phillips of Coffee, Pike, Polhill, Pope, Poppell, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sibley, Sims, Smith of Butts, Smith of Oglethorpe, Smith of 'Valton, Strickland, Strother, Taliaferro, Tarver, Thomas, Toole, Walters, walton, Weehunt, Welch, vVbeeler, Wilcox, Williams of Columbia, Williams, C. W. Williams, F. J. Willingham, Yancey.

WEDNESDAY, DECEMBER 4, 1878.

329

Those voting in the negative are Messrs.-

Anderson of Morgan, Bledkley, Cox of Troup, Daniel, Dickin, Fletcher, Ford, Hall,

Hammond, Harris, Ivey, Mynatt, Nisbet, Oliver, Paull,

Phinizy, Prescott, Sheffield of Miller, Turner of Brooks, Westbrook, Wilmot, Wright.

Those not voting are Messrs.-

Anderson of Pulaski, Barron, Collins, Fort, Fuller, Gammage, Gray, Hudson,

Jamison, Kendrick, Lamb, Lang, l\fcDonald, l\1itchell, Paine, Perkins,

Sikes, Tate, Tatum, Turner of Coweta, Vick, Wall, Wilson, Zellner.

Yeas 127. Nays 22. Not voting 26.

So the requisite constitutional majority having voted in the affirmative, the bill as amended was passed.

On motion of Mr. Born, of Gwinnett, the rules were suspended and the following bill introduced, read the first time and referred to the Committee on Agriculture:
By Mr. BornA bill to require all land owners to have their lands surveyed every ten years, and for other purposes.
l''
On motion of Mr. Yancey, the rules were suspended
If' and C1e following bill was introduced, read the first ~'
time and referred to the Committee on Agriculture:
By Mr Yancey

300

JOURNAL OJ!' THE HOUSE.

A bill to require surveyors, State and county, to run land lines with reference to the variation of the magnetic needle ; to make plats thereby, and to make thereon the necessary statement of the facts ; to have recorded in the Superior Court Clerk's office the an nual variation of the ma.snetio needle, and to define fees for surveying.

On motion of Mr. Awtry, the rules were suspended and the following bill introduced, read the first time and referred the Committtee on the J udioiary:
By Mr. AwtryA bill to prevent playing with cards, dice, or a.ny substitute for either, in any public place hereina.fter mentioned.

On motion of Mr. Carr, the rules were suspended
and the following bill wa.s introduced, read the :first
time and referred to the Committee on the Judiciary :
By Mr. CarrA bill to prescribe and regulate the fees of Clerks of the Superior Court and Sheriffs, 10 far as it relates to the foreclosure of mortgages on personalty. Mr. Hulsey moved to suspend the rules for the purpose of introducing a. bill.
Three-fourths not voting in the affirmative, the motion to suspend the rules was lost.

The House then went into Committee of the Whole for the purpose of the further consideration of_the bfil known as:the gene1al appropriation act.

Mr. Yancey, chairman of the Committee of the Whole Houae, made the following report :

Mr. Speakar: The Committee of the Whole House ha.ve had under

THURSDAY, DECEMBER 5, 1878.

331

consideration the general appropriation act, and they have instructed me to report that they have made some progress, and ask leave to sit again.

The hour of adjournment having arrived, the House was adjourned till to-morrow morning at 9:30 o'clock.

ATLANTA, GEORGIA,
Thursday, December 5, 1873.
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. Barksdale, chairman of the Committee on Journals, reportt~d the Journal of yesterday examined and approved.
The Journal was then read and approved.
Mr. Westbrook moved to reconsider so much of the Journal of yesterday a::; relates to the action of the House upon the passage of the bill "authorizing the issue of five hundred thousand dollars of bonds of the State of Georgia,'' for certain purposes therein named.
Mr. Miller, of Houston, called for the previous question.
Thn call was sustained and the main question ordered.
The motion to reconsider was lost.

332

JOURNAL OF THE HOUSE.

Mr. Adams moved to suspend the rules for the purpose of taking up and having read two bills.

The motion prevailed ; the rules were suspended, and the following bill read the third time; the amendments proposed by the Judiciary Committee were adopted, and the bill was passed by the necessary constitutional majority, yeas 104, nays none, to-wit:

A bill to authorize municipal corporations to compromise their bonded indebtedness, and to issue new bonds to pay off said bonds and coupons, and to provide a sinking fund for the redemption of said bonds.

On motion of Mr. Adams, the bill was ordered to be at once transmitted to the Senate.

The following bill was read the third time, the substitute proposed by the Committee on Wild Lands was agreed to, and the bill passed, by substitute, by the requisite constitutional majority, yeas 119, nays none, to-wit:
A bill to redeem lands sold under tax fl. fas., etc.
On motion of Mr. Livingston, the bill was ordered to be at once transmitted to the Senate.
Mr. Hutchins, chairman of the Committee on Finance, submitted the following report:

Mr. Speaker :
The Committee on Finance have had under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to levy and collect a tax for the support of the State government, and for other

THURSDAY, DECEMBER 5, 1878.

333

purposes herein mentioned, for the years 1879 and 1880.

Also, the following bills, which they recommend do not pass, to-wit :
A bill to be entitled an act to amend paragraph 13, section 2, of the general tax act of 1877, relating to taxing insurance agents.
Also, a bill to be entitled an act to authorize the Governor to draw his warrant on the State Treasurer for the sum of $474.55 in favor of W. P. Howell & Co., for publishing wild land sales in Lumpkin county, for the year 1878.
Also, a bill to be entitled an act to authorize the payment of fees due "\V. J. Wadley, for advertising the sale of wild lands in Polk county.
Respectfully submitted. N. L. HuTCHINS, Cl;tairman.

Mr. Green, chairman protem. of the Committee on Enrollment, reported as duly enrolled and ready for the signature of the Speaker of the House of Representatives the following act, to-wit:
An act to confer addit\onal powers and privileges upon purchasers of railroads, under the provisions of an act entitled an act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privi-
leges, assented to February 29, 1876, by giving to said
purchasers time to finish roads, where the same are incomplete.
J AlliES A. GREEN, Chairman protem.

Mr. Alston, chairman of the Committee on the Penitentiary, made the following report:

334

JouRNAL O.l!' TH~ HousE.

Mr. Speaker:

The Committee on the Penitentiary have had under consideration the following bills, which they report back to the House with the recommendation that they do not pass, to-wit:
A bill "to be entitled an act to re-establish a penitentiary for the State of Georgia, and for other purposes.''
Also, a bill "to be entitled an act to amend an act entitled an act to amend an act, approved February 25, 1876, authorizing the lease, for twenty years, of the penitentiary convicts, approved 28th February, 1877, so far as the same relates to the appointment of a physician.''
Also, a bill "to be entitled an act to provide for the better inspection, management and control of the convicts of this State."
Also, the following bill, which they recommend do pass, to-wit:
A bill to be entitled an act to amend an act entitled an act to regulate the leasing out of penitentiary convicts by the Governor, authorir'.11g him to make contracts in relation thereto, and for other purposes, a-pproved February 26, 1876.
R. A. ALSTON, Chairman.

Mr. Northern, chairman of the Committee on Education, submitted the following report :
Mr. Speaker:

The Committee on Education have had under consideration the following bill of the Senate, to- wit :
A bill to be entitled an act to carry into effect section

THURSDAY, DECEMBER 5, 1878.

33fj

4, article 8, of the Constitution, and recommend that the same do pass.
W. J. NoRTHERN, Chairman.

The Committee on the Geological Bureau submitted the following report :

Mr. Speaker :

The Committee on the Geological Bureau have had under consideration the following bill, which they have instructed me to report back to the House, with the recommendation that it do pass, to-wit :
A bill to be entitled an act to amend an act entitled an act to create the office of State Geologist, and to provide for a Geological, Mineralogical and Physical Survey of the State of Georgia, and for other purposes, approved February 27, 1874.
W. R. RANKIN, Chairmanpro tem.,
Committee Geological Bureau.

Mr. MeWhorter, chairman of Committee on Wild Lands, submitted the following report:

Mr. Speaker:
The Committee on Wild Lands have considered the following bills, to-wit:
A bill ''to be entitled an act to cmTect the illegalities and inequalities of the wild land sales made by the Sheriffs of this State during the year 1878, and for other purposes.''
Also, a bill "entitled an act to extend the time for redeeming wild lands sold under tax.fi. fas."
Also, a bill "entitled an act to amend an act entitled an act to regulate the manner of giving in land for taxation and the sale and redemption thereof, and for other purposes, approved February 28, 1874, and

336

JoURNAL OF THE HOUSE.

to extend the time for redeeming such land, and to reduce the per cent. to be paid on such redemption."
And for said three bills, they recommend the adoption and passage of the following substitute, which is
A bill to be entitled an act ''to regulate the manner of giving in wild lands for taxation, and the sale and redemption thereof, and for other purposes."
R. L. McWHORTER, Chairman.

Mr. Turner, of Brooks, 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, which they recommend do pass, by substitute, to-wit:

A bill entitled an act to carry into effect paragraph 2, section 7, article 6, of the Constitution, and to amend section 4152 of the Code.

Also, the following bill, which they recommend do pass, as amended, to-wit:
A bill entitled an act to amend section 3648 of the Revised Code of 1873, and to compel Constables and Bailiffs to sell only on the regular monthly court days.

The committee have also had under consideration the following bill, which they recommend do not pass, to-wit:
A bill entitled an act to prescribe the manner in which court-houses, jails, bridges and other public works shall be erected, built or repaired, and for other purposes therein named.

They have also had under consideration the follow-

THURSDAY, DEOE:MBER 5, 1878.

337

ing bill, which they report back to the House with the recommendation that the introducer thereof be allowed to withdraw the same, because it is a local bill, ~ wit:
A bill to be entitled an act to provide for a .Board of Commissioners of Roads and Revenues for the county of Emanuel.
Respectfully submitted. H. G. TuRN"ER, Chairman.

Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the following report :
Mr. Speaker:
'rhe Committee on the Judiciary have had under consideration the following bill, which they recommend do pass, by substitute, to-wit:
A bill to be entitled an act to alter and amend section 4528 of the Revised Code of Georgia of 1873, so that the same will not apply to sheriffs and other arresting officers or their posses in the faithful discharge of official duties.
The committee have also had under consideration the following bill, which they recommend do not pass, to-wit:
A bill entitled an act to amend section 1711 of the Code of 1873, and to allow plaintiffs in divorce suits to take one verdict at the appearance term of the Court, when no defense is made.
The committee have also had under consideration the following House resolution, which they recommend do not pass, to.wit:
22

338

JoURNAL OF ~ruE HousE

A resolution-

In relation to the revision of the Code of Georgia. .Respectfully submitted.
H. G. TURNER, Chairman.

On motion of Mr. Hutchins, the rules wAre suspended and the following bill taken up and read the second timE>, to-wit:
A bill to levy and collect a tax for the support of the State Government, and for other purposes herein mentioned, for the years 1879 and 1880.

On motion of Mr. Hutchins, three hundred copies of the bill were ordered printed for the use of the House.

The special order for the day, the question of an early adjournment, was then taken up.

The following Senate resolution was read, to-wit:

A resolution-

That the General Assembly take a recess on Thursday, the 12th instant, until 10 o'clock on the first Wednesday in July, 1879.

Mr. Hall offered a substitute, fixing Friday, the 13th instant, as the day for the commencement of the recess, and the day of meeting after the recess for the first Wednesday in July, 1879, and adding, the session then to be without limit as to time.

A motion, by Mr. Hanks, to strike out July and insert May, was lost.

Mr. Rankin offered, as a substitute, that the recess commence on Thursday, the 12th instant, and end on the 22d day of January.

THURSDAY, DECEMBER 5, 1878.

339

The substitute was not adopted.

Mr. Jordan, of Wilkes, moved to amend by striking out "first Wednesday in July," and inserting "second WednE>sday in June."
Motion lost.

'rhe substitute offered by Mr. Hall was then amended by Mr. Turner, of Brooks, by striking out the words "without limit as to time,'' and inserting the words "so long as the public interests may require."

The substitute, as amended, was adopted by the House in lieu of the Senate resolution.

On the passage of the resolution, the roll of the House was called and the vote was as follows :

Those voting in the affirmative are Messrs.-

Adams, Alston, Anderson of Morgan, Awtry, Barksdale, Barron, Bell, Bennett, Berry, Bird, Born, Branch, Brannon, Brantley, Buchan, Burch, Butler, Chambers, Chapman, Clegg, Colley, Collins,

Greene of Baldwin, Greene of Madison, Hall, Hammond, Harrell, Harp, Harris, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Hudson, Humber, Hutchins, Ivey, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kendrick,

Peacock, PhillipP of Carroll, Phillips of Coffee, Phinizy, Pol hill, Pope, Poppell, Prescott, Reese, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Sharman, Sims, Smith of Oglethorpe, Smith of Walton, Strickland, Strother, Tarver,

340

JOURNAL OF 'l'HE HOUSE.

Cook, Cox of Harris, Crawford, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, Dozier, DuBose, Duvall, Elder, Farnell, Fletcher, Ford, Gammage, Garrard, Glover,

King, Kirby, Lang, Mathews, Maund, McCurry, McDonald, McGouirck, McRae, McWhorter, l\Iiller of Houston, Miller of Liberty, Mynatt, Nisbet, Northern, Park, Patt.erson, Paull,

Tate, Thomas, Toole, Turner of Brooks, Vick, Wall, "\Valters, \Valton, Westbrook, Wilcox, Williams of Columbia, Williams, C. W. Williams, F. J. Willingham, Wilmot, Wright, Zellner.

Those voting in the negative are Messrs.-

Anderson of Newton, Bleckley, Brintle, Butt, Cannon, Cunningham, Daniel, Duggar, Dupree, Fitzgerald, Grant, Hanks, Harrison,

Howell of Pickens, Hulsey, Irvine, Kimsey, Livingston, Luffman, McAfee, McLucas, Milner, Oliver, Perkins, Phillips of Cobb, Pike,

Puckett, Riden, Rankin, Redwine, Shannon, Sheffield of Early, Taliaferro, '.ratum, Weehunt, Welch, Wheeler, Wilson, Yancey.

Those not voting are Messrs.-

Anderson of Pulaski, Carr, Cox of Troup, Fort, Fuller, Gray,

Jamison, Lamb, McConnell, Mitchell, Paine,

Sheffield of Miller, Sibley, Sikes, Smith of Butt.q, Turner of Coweta.

THURSDAY, DECEMBER 5, 1878.

341

Yeas 119. Nays 39. Not voting 17.

The requisite majority having voted in the affirmative the resolution was adopted.

On motion of Mr. Hall, the resolution was ordered to be at once transmitted to the Senate.

The Committee on Railroads submitted the folkwing report:

Mr. Speaker:

The Committee on Railroads have had under consideration the following bill, which they have instructed me to report to the House with the recommendation that it do not pass, to- wit :

.A bill to be entitled an act to prevent railroad companies of this State from employing inferior engineers, etc.

They have also had under consideration House bill No. 301, entitled a bill to be entitled an act to provide for obtaining reliable information upon the subject of railroad rates and charges for freights and passengers, with a view to framing a law that will prevent unjust descrimination by the various railroad companies in this State, and for other purposes, and have instructed me to report the following resolution as a substitute therefor, to-wit:
Resolved by the House, the Senate concurring, That a committee of three from the Honse and two from the Senate be appointed, whose duty it shall be to report to the General Assembly at the next meeting snch legislation as is necessary to carry into effect paragraph

342

JouRNAL OF THE HousE.

1, of section 2, of article 4, of the Constitution, and that such committee shall have power to send for persons and papers, and to sit during the recess of the General Assembly.
Respectfully submitted. H. G. WRIGHT,
Chairman of Committee on Railroads.

Mr. Awtry, chairman of the Committee on Public Printing, submitted the following report :
Mr. Speaker:
The Committee on Public Printing have had under consideration the following bill, which they report back to the House with a recommendation that the same do pass, as ameuded, to-wit:
A bill to be entitled an act to prescribe the manner, terms and specifications for letting the public printing to the lowest bidder.
AWTRY, Chairman.

The House then went into the Committee of the Whole House for the further consideration of "the general apprqpriation bill."
Mr. Davis, of Houston, chairman of the Committee of the Whole House, made the following report :
Mr. Speaker:
The Committee of the Whole House have had under consideration the bill known as the general appropriation act. They have instructed me to report the bill back, with the amendments, and ask leave to sit again.

THURSDAY, DECEMBER 5, 1878.

343

The time of the morning session was extended till 2 o'clock P. -nr.

The House again went into Committee of the. Whole House for the further consideration of the general appropriation act.

Mr. Davis, of Houston, chairman of the Committee of the Whole House, reported that the committee had made some progress, and instructed him to report the bill back, with amendments, and ask leave to sit again.

Leaves of absence were granted to Mr. Sibley and to Mr. Smith, of Butts, for a few days, on account of sickness.

The following members of the Committee on the Lunatic Asylum were granted leave of absence from Friday next at noon, to-wit: Messrs. Gammage, Duggar, Zellner, Barron, MeWhorter, Harris, Riden, Patterson, Davis of Baker, and Paull.

Leave of absel!ce was granted, for one day, to the Committee on the Penitentiary, to visit convict camp, to-wit: Messrs. Brintle, Wilson, Phinizy, Sims, McGouirck, MeWhorter, Johnson of Johnson, Davison, Sharman, \Vilmot, Herlderson, Butler, Rogers, Lang and Peacock.

On motion, the House adjourned till 9:30 o'clock to-
morrow morning.

344

JOURNAL OJ!'=THE HoUSE.

ATLANTA, GEORGIA,
Friday, December 6, 1878.
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. Kimsey, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
Mr. Rankin moved to suspend the rules for the purpose of taking uv and having read the second time a bill "to amend the act creating the Geological Bureau."
The motion prevailed, and the following bill was taken up and read the second time, to-wit:
A bill to be entitled an act to amend an act entitled an act to create the office of State Geologist, and to provide for a geological, mineralogical and physical survey:of the State of Georgia."
The Speaker announced the following committee on the bill ''to provide for the election of a keeper of the Executive Archives," to-wit: Russell, chairman; Barron, McDonald, McCurry and Oliver.
On motion of Mr. Kendrick, the rules were suspended, and the following resolution was taken up and read the_second time, to- wit :
A resolution--

FRIDAY, DECEMBER 6, 1878.

345

Authorizing C. H. W"illiams to publish the public acts of the present session.

Mr. Miller, of Houston, moved to postpone the special order for to-day until Thursday next.
The motion prevailed, and the bill, to-wit: a bill ''to repeal the act establishing a Department of Agriculture," was made the special order for Thursda.y next, the 12th instant.

Mr. Chambers, chairman of the House committee on the Equalization of the Labors of the Judges of the Superior Courts of this State, submitted the following report:
Report of the joint committee of the Senate and House of Representatives, appointed to equalize the labors of the Judges of the Superior Courts of this State.

To the Senate and House of Representatives :

The following resolution was adopted by the Joint
Committee, with the request that the same be reported to the House and Senate :
Resolved, That the committee do adjourn until the reassembling of the Legislature in July, and that during the adjournment of this committee, the members from each Judicial Circuit in this committee do ascertain the number of weeks actually devoted by the Judge of his circuit, both of regular and adjourned terms per year, taking the last four years and making
an average from them, and as near as possible ascertain the amount of duties performed by such Judges at chambers, and report the same to this committee on its reassembling in July.
FRED B. HoDGEs, Chairman Senate Committee.
F. CHAIIIBERS, Chairman House Committee.

346

JOURNAL OF THE HOUSE.

The report was read and agreed to.

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

Mr. Speaker :

The Senate has PI:!-Ssed the following bills, towit:
A bill to carry into effect paragraph 1, section 17, article 6, of the Constitution, so as to provide for change of venue in all cases, whether at law or equity.
Also, a bill to prescribe fees of Solicitors of County Courts where the same are not now provided by law.
Also, a bill to amend section 3972 of the Code of 1873.
Also, a bill to extend the mode of providing administration and guardianship.
Also, a bill to provide for the people to be better supplied with the laws of this State.
Also, a bi1l to amend section 1832 of the Code. Also, a bill to require the payment of moneys arising from :fines and forfeitures into the county treasury, and to rt>gulate the disbursement of the same. Also, a bill to throw restrictions around the reception of pa.1per affidavits in judicial proceedings. Also, a bill to amend section 2558 of the Code. Also, a bill to authorize creditors of any person making voluntary assignments to compel the assignee to give security. Also, a bill to prevent illegal voting in this State.

The Senate has also agreed to the House amendment to take a recess on Friday, the 13th instant, to the :first Wednesday in July, by a constitutional vote of thirty-two yeas to one nay.

FRIDAY, DECE~fBER 6: 1878.

347

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

M1. Speaker:
The Senate has adopted the following resolution, and asks the concurrence of the House therein:

A. resolution-

Requesting the Senators and Representatives in Congress to secure the repeal of the resumption act, the national bank act, and the substitution of legal tender treasury notes for the national bank circulation.

The Senate has also passed the following bills, towit:
A. bill to carry into effect paragraph 18, section 7, article 3, of the Constitution, by prescribing the manner in which corporate powers may be granted.
.Also, a bill to provide for setting apart homestead exemptions, valuation of the same, etc.

The Honse then went into Committee of the Whole House for the further consideration of the general appropriation act.

Mr. Reese, chairman of the Committee of the Whole House, made the following report :

Mr. lfpeaker:
'fhe Committee of the Whole House have had under consideration the general appropriation act, which they have instructed me to report back to the House and to ask leave to sit again.

Mr. Harrison moved to extend the session of the morning till2 o'clock P. ~r.

348

JOURNAL OF THE HOUSE.

The motion prevailed.

Mr. Miller, of Liberty, and Mr. Clegg were granted leave of absence for a few days on account of sickness in their families.

On motion of Mr. Miller, of Houston, the House went into Committee of the 'Vhole House for the further consideration of the general appropriation act.

Mr. Reese, chairman of the Committee of the Whole House, made the following report:

Mr. Speaker:
The Committee of the Whole House have had under consideration the bill known as the general appropriation act. They have instructed me to report the bill back to the House, and to ask leave to sit again.

Mr. Cook moved to adjourn till3 o'clock P. M.
Mr. Cannon moved to adjourn till 9:30 A. M. tomorrow.
T!J.e last motion prevailed, and the House adjourned till to-morrow at 9:30 o'clock A. l\L

ATLANTA, GEORGIA,
Saturday, December 7, 1878.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.

SATURDAY, DECEMBER 7, 1878.

349

The roll was called and a quorum found to be present.

Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.

The Journal was then read and approved.

Mr. Turner, of Brooks, 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, which they recommend do pass, to-wit :
.A bill entitled an act to change the beginning of the terms of the Supreme Court.
.Also, a bill to be entitled an act to authorize the police courts in cities, towns and villages, of this State, to impose sentences or judgments in the alternative, and for other purposes.
The committee have also had under consideration the following bills, which they recommend do not pass, to wit:
.A bill to be entitled an act to change the times of holding the Superior Courts of the Cherokee Circuit; to lengthen the terms of some of them, and for other purposes.
.Also, a bill to be entitled an act to provide for the drawing of juries and the summoni,ng of tales jurors where the jury boxes have not been revised according to law, and also to legalize certain drawings of juries and summoning of tales jurors heretofore done.
.Also, a bill to be entitled an act to create a Board of

350

JouRNAL ()1!' THE HousE.

Commissioners of Roads and Revenues for the counties of this State, and to define their powers and duties upon certain conditions therein mentioned.
Respectfully submitted. H. G. TuRNER, Chairman.

Mr. Livingston, 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 return without recommendation, with accompanying memorials, to-wit:
A bill to be entitled an act to abolish the State Board of Health.
Also, the following bill, which they recommend do not pass, to-wit:
A bill to prevent firing the woods, etc.
Also, a bill to be entitled an act to prevent the transfer of notes given for fertilizers in this State, and for other purposes, which they recommend be allowed to be withdrawn by the introducer.
Also, the following bill, to-wit:
A bill to be entitled an act to amend an act entitled an act to render more efficient and economical the inspection and analysis of fertilizers, and to amend the laws in relation to the inspection and analysis and sale of the same, which they recommend do pass by substitute.
L. F. LIVINGSTON, Chairman.
Mr. Smith, of Oglethorpe, chairman of the Commit-

SATURDAY, DECEMBER 7, 1878.

351

tee on Interal Improvements, submitted the following report:

Mr. Speaker:
The Committee on Internal Improvements have had under consideration the following bill, which they report back to the House with the recommendation that the introducer thereof be allowed to withdraw it, namely:
A bill to prevent the obstruction of water courses in this State, and to keep open the same for the free passage of timber.

Also, the following bill, which they recommend do pass, namely:
A bill to keep open, remove and prevent obstructions to the free passage of fish in the waters of all rivers in this State.

Mr. Wilcox submitted a memorial in regard to the lease or sale of the Macon and Brunswick Railroad, which, without being read, was referred to the Committee on Railroads.

Mr. S. Y. Jamison, member-elect from the county of Towns, who has been confined at home by sickness up to the present time, presented himself and was sworn in by the Speaker.

Mr. Russell, chairman of the Committee on Privileges and Elections, submitted the following report, which was read, and the resolution contained therein adopted:
Mr. Speaker:

...

352

JOURNAL OF THE HOUSE.

The Committee on Privileges and Elections, to whom the reports of the majority and minority of the said committee were recommitted, as to the contested election case from the county of Camden, rPspectfully report:

That at the election lleld in the county of Camden for members of the General Assembly of this State, on the 5th day of December last, it appears from the retprns of said election that Thomas Butler received one hundred and forty-one (141) votes, and Spencer R. Atkinson received ninety-eight (98) votes, leaving a majority of forty-three (43) votes for Thomas Butler.
Your committee find that an act was passed by the Legislature, and approved 26th February, 1877, (see act 1877, page 305) to authorize and require the registration of all voters in the county of Camden. Your committee sent for and obtained the original registry book, and also the ballots polled at said election, as certified to under seal of the Clerk of the Superior Court of the county of Camden. Your committee, after careful examination of the registry book, find one hundred and three (103) persons registered their names as the law requires; that out of that number of registered persons, we find only forty-three persons whose names appear on the registry book voted, and upon examination of the numbers upon the list of voters who were registered and the numbers on the ballots, it appears that Thomas Butler received fortyone (41) votes, and that Spencer R. Atkinson received two (2) votes; Butler's majority thirty-nine (39) votes.
The sitting member, 'l'homas Butler, having received the highest number of lPgal votes, it is, therefore, the opinion of the committee that Thomas Butler is entitled to retain his seat as a member of the House of Representatives.

fiA.TURDA.Y1 DECEMBER 7, 1878.

aD3

Your committee submit the following :re&olution for the consideration of the Houae :

R61Dl'Dml, That at an elootion held on the 5th day of December last, in the county of Camden, for members of the General Assembly of the State of Georgia, Thomas Butler received the highest number of legal votes polled for Representative of said county of Cam-
den. PmLIP M. RussELL,
Chairman Committee on Privileges and Elections.

On motion of Mr. 1\{iller, of Houston, the House
went into Committee of the Whole House for the fur-
ther consideration of the general appropriation act.

Mr. Rankin, chairman of the Committee of the Whole House, made the following report:

Mr. I!Jpeakl!!l':
The Committee of the Whole House have had under consideration the bill known as the general appropriation act, and they have inatructed me to report the bill back to the Bouse with the recommendation that the bill, as amended, be adopted as a substitute for the original bill.

The following bill was then read the third time, by
substitute, to-wit : .
.A. bill making appropriations for the Executive, Legislative and J udioial expenses of the Government, and for other purposes herein mentioned, per annum fo-r the years 1879 and 1880.

Mr. Miller, of Houston, offered the following amendment to the third paragraph of the second section, which was read and adopted, to-wit: Strike out the words'' to be appointed by him."
23

~54

JouRNAL oF THE HousE.

Mr. Miller, of Houston, offered the following substitute for the fourth paragraph, of the second section of the substitute adopted by the committee, which was read and adopted, to-wit : "For compensation of the Clerk of the House of Representativts the sum of seventy dollars per diem for this session, out of which he shall pay the entire clerical expenses of the House (If Representatives for the session, including the Clerk of the Judiciary Committee, to whom he shall pay :tive dollars per diem, and the Clerk of the Enrolling Committee, to whom he shall pay four dollars per diem, for the days actually employed-the number of days they may be so employed to be reported to the House by the said committees respectively."

Mr. Miller, of Houston, offered the following substitute for paragraph second, section fifth of the substitute reported by the committee, which was read and adopted, to-wit:
" That the sum of eight thousand dollars, or so much thereof as may be necessary, be appropriated for the printing fund ; and that the sum of five hundred dollars, or so much as may be necessary, is hereby appropriated to pay the bill for stationery, including printing for the General Assembly.

Mr. Paine moved that the words "of each House" be inserted in the substitute, before the words ''of the Genera] Assembly," in the third paragmph of the fifth section.
The amendment was adopted.

Mr. Alston moved to amend the substitute by striking out in the fourt.h paragraph of the fifth section the words "two hundred and fifty-two," and inserting "three hundred and thirty-seven."
The amendment was adopted.

SATURDAY, DECEMBER 7, 1878.

355

Mr. Alston also moved to amend by striking out all of the sixth section, after the words ''full payment thereof,'' in the third line.

Mr. t;heflield, of Miller, called for the previous question on the amendment.

The call was sustained, the main question was ordered, and the amendment was not adopted.

The substitute, as amended, was adopted.

On the passage of the bill, as amended, the roll of the House was called, and the vote was as t'ollows :

Those voting in the affirmative are Messrs.-

Adams, Anderson of Morgan, Awtry, Barksdale, Bell, Bennett, Berry, Bird, Bleckley, Born, Branch, Brannon, Brantley, Brintle, Buchan, Burch, Butler, Butt, Cannon, Chambers, Chapman, Colley, Cook, Cox of Harris, Cox of Troup, Cunningham,

Harrell, Harp, Harris, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Ht>well of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Kirby, Lamb, Lang,

Pike, Polhill, Pope, Poppell, Prescott, Rankin, Redwine, Reese, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sheffield of Early, Sheffield of Miller, Sims, Smith of Oglethorpe, Smith of Walton, Strickland, Strother, Taliaferro, Tarver, Tate, Thomas1

356

JOURNAL OF THE HOUSE.

Daniel, Davis of Houston, Davison, DeLoach, Dozier, DuBose, Dupree, Duvall, Elder, Fitzgerald, Ford, Fuller, Garrard, Grant, Gray, Glover, Greene of Baldwin, Greene of Madison, Hammond, Hanks,

Luffman, Mathews, McAfee, McConnell, McCurry, McDonald, Mc\Vhorter, 1\:Tiller of Houston, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Perkins, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy,

Turner of Coweta, Vick, Wall, Walters, \Val ton, "Teehunt, Welch, vV est brook, Wheeler, Wilcox, Williams of Columl Williams, C. W. Williams, F. J. Willingham, Wilmot, vVilson, Wright, Yancey, Zellner.

Those voting in the negative are Messrs.-

Alston, Collins,

Fort, Sharman,

Sikes, Tatum.

Those not voting are Messrs.-

Anderson of Newton, Anderson of Pulaski, Barron, Carr, Clegg, Crawford, Davis of Baker, Dickin, Duggar, Farnell, Fletcher,

Gammage, Hall, Jamison, Janes, Livingston, Maund, 1\'IcGouirck, McLucas, McRae, 1\liller of Liberty,

1\Iilner, Patterson, Paull, Peacock, Puckett, Riden, Sibley, Smith of !ult~, Toole, Turner of Brook>-.

Yeas 137. Nays 6. Not voting 31.

SATURDAY, DECEMBER 7, 1878.

357

The requisite constitutional majority having voted in the affirmative, the bill was passed.

On motion of Mr. Adams, the rules were suspended and the following bill introduced, read the first time and referred the Committtee on the Judiciary:
By Mr. AdamsA bill to carry into effect paragraph 2, section 18, article 6, of the Constitution, with reference to drawing juries for City Courts.

On motion of Mr. Wright, the rules were suspended and the following resolution taken up and read, towit:
A resolution-

Authorizing the appointment of a joint committee of the House and Senate to investigate the question of regulating railroad freight and passenger tariffs and report to the next session of the General Assembly.

Mr. Harris proposed an amendment increasing the number of the committee to eight.
Lost.

Mr. Adams proposed as an amendment an additional resolution, authorizing the committee to have 500 copies of their report printed at least thirty days prior to the meeting of the next General Assembly.
Amendment adopted.

Mr. Wright moved to amend by requiring the committee to to reportthis General Assembly in July next.

Mr. MevVhorter moved to amend by restricting the sessions of the committee to a time not exceeding thirty days.

358

JouRNAL OFfTHE HousE.

On motion of Mr. Mathews, the whole matter was laid on the table.

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 the Trustees of the State University to accept as branches of said University, Colleges of Agricultural and Mechanical Arts and Sciences, to be established at Cuthbert and Thomasville, in this State, and to authorize and direct said Trustees to make appropriations for payment of teachers of such colleges out of the land scrip fund, provided by the act of Congress of July 2, 1862, ana now administered by said Trustees.
Also, a bill to amend section 4 of an act to render more efficient and economical the inspection and analysis of fertilizers, approved 26th February, 1877.

Mr. Fort moved to take from the table a certain bill, to-wit:
A bill to alter and amend section 28 of the school law of August 22, 1872, and to carry into effect the interpretation put upon that section by the t::ltate School Commissioner.

The~motion prevailed, and the bill was taken up, read a third time, amended, and, on motion of Mr. Hudson, recommitted to the Committee on Education.

Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the following report :

Mr. Speaker:

SATURDAY, DECEMBER 7, 1878.

359

The Committee on the Judiciary hav(~had under consideration the following bill, which they recommend do pass, to-wit:
A bill to be entitled an act to provide for carrying into effect sentences in certain criminal cases, and for other purposes.

The committee have also had under consideration the following bill, which they recommend do pass, by substitute, to-wit:
A bill entitled an act to enforce the collection of tax executions issued previous to the year 1876, and if not levied and collected within sixty days, or as ~:~oon after as it can be done under legal proceeding of the passage of this act, to declare the same null and void.

The committee have also had under consideration the following bill, which they recommend do not pass, to-wit:
A bill entitled an act to carry into effect paragraph 20, of article 1, section 1, of the Constitution, limiting the power of the courts in this State in the punishment of contempt.
Also, a bill entitled an act to prescribe and regulate the enforcement of laborers' liens in this State, and for other purposes.
Also, a to be bill entitled an act to authorize and empower securities on forthcoming bonds to redeliver the property for which they are securities, and to relieve themselves from further liability on said bonds.
Also, a bill entitled an act to regulate Constable sales, and for other purposes.
Also, a bill entitled an act to authorize Sheriffs and Deputy Sheriffs to serve all civil processes issued by Justices of the Peace.
Also, a bill to be entitled an act to prevent guar-

360

JouRNAL OF THE HousE.

dians from encroachment upon the corpus of the estates of their wards.
Also, a bill to be entitled an act to amend section 4662 of the Code of 1873, which provides that the execution of sentence of death by hanging shall be in
private. Also, a bill entitled an act for the relief of disabled
soldiers. Also, a bill to be entitled an act to make the act of
house-burning a capital offense in this State~ and for other purposes therein named.
Also, a bill to be entitled an act to amend section 610 of the Code of 1873, in relation to the road laws of this State, and for other purposes.
Respectfully submitted. H. G. TuRNER, Chairman.

The Clommittee on Railroads submitted the following report:
Mr. Speaker:
The Committee on Railroads have had under consideration Senate bill No. ~6, entitled "a bill to be ~ntitled an act to authorize the sale by common carriers of all freight unclaimed, and the deposit in bank of the net proceeds of sale to await the claim of the owner, and for other purposes," which thl:ly have instructed me to report to the House with the recommendation that it do pass as amended.
They have also instructed me to report the following resolution:
Resolved, That three hundred copies of House bill No. 307, entitled "a bill to be ::mtitled an act to regulate railroad freights and passenger tariffs so as to secure just and reasonable rates, and prevent unjust dis-

SATURDAY, DECEMBER 7, 1878.

361

criminations on the various railroads in this State," be printed for the use of this House.
Respectfully submitted. H. G. vVRIGHT,
Chairman Committee on Railroads.

The resolution contained in the foregoing report was read and adopted.

The Joint Committee of the Senate and House of Representatives, appointed to confer with the Mayor and General Council of the city of Atlanta, with a view to ascertain with some degree of certainty within what time it will be convenient for the city of Atlanta to begin the execution of the generous proposition made by it to the people of Georgia with referencA to the location of and construction of a State capitol, beg eave to report :
That the committee appointed by the Senate and House of Representatives have discharged the duty devolved upon it; that the committee have had an interview with the Mayor and General Conncil of the city of Atlanta, and report the response of the Mayor and General Council, ascertained in the following reslution:
Resolved, That in response to the resolution of the General Assembly in reference to Atlanta's offer to the State to furnish a site for a capitol and to build one as good as the old capitol at Milledgeville, that the ci.ty of Atlanta is ready to comply with her offer to ,.the State when called upon by the General Assembly to do so.
The resolution, of which the foregoing is a copy, is herewith made a part of this report: duly certified by

362

JouRNAL Olt' THE HousE.

the Clerk of Council as correct, and attested by the

seal of the city of Atlanta.

Respectfully submitted.

[Signed]

J. W. PRESTON,

Chairman Senate Committee.
BENJAMIN c. yANCEY,

Chairman House Committee.

On motion of Mr. Polhill the session was extended until 2 o'clock P. :tvr.
On motion of Mr. Polhill, the rules were suspended for the purpose of taking up and having read certain Senate bills.
The motion prevailed, and the following Senate bill was read the first time and refered to the Committee on the Judiciary, to- wit:
A bill to provide for the manner of setting apart and exen:pting a homestead, as provided for in the Constitution of 1877, and for other purposes.
The following Senate bills were then taken up and read the second time, to-wit:
A bill to carry into effect paragraph 2, section 18, article 6, of the Constitution of 187'i, so as to provide for the drawing of juries in this State.
Also, a bill to repeal~ section 1677 of the Code ~of 1873, in reference to granting charters to churches, academies and other corporations.
On motion of Mr. Polhill, the following~bill was recommitted to the Committee on Agriculture, to-wit:
A bill to require all merchants and traders of this State to keep a book account of a1l farm products bought by them.

MONDAY, DECEMBER 9, 1878.

363

On motion of Mr. Mynatt, the rules were suspended and the following bill read the second time, to-wit:
A bill to change the beginnings of the terms of the Supreme Court.

The House then adjourned till Monday morning at 9:30 o'clock.

ATLANTA, GEORGIA,
Monday, December 9, 1878.
The House met pursuant to adjournment, was called to order by the SpeakP-r, and opened with prayer by the Rev. A. T. Spalding, D.D.
The roll was called and a quorum found to be present.
Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal was then read and approved.
Mr. Hutchins, chairman of the Committee on Finance, submitted the following report:
Mr. Speaker:
The Committee on Finance have had under consideration the following Senate bill, which they recommend do pass, by substitute, to-wit:
A bill to be entitled an act to fix the fiscal year for the State, and to provide how and when the message of his Fxcellency, the Governor, and reports of the Comptroller-General and Treasurer shall be made.

364

JOURNAL OF THE HOUSE.

Also, the following House bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act for the settlement of the claim of Thomas L. Snead, of the city of New York, against the State of Georgia.

Also, the following House bills, which they recommend do not pass, to-wit:
A bill to be entitled an act to alter and amend section 384o of the Code of 1873, in relation to the fees of witnesses in criminal cases in the Superior Courts in counties other than that of their residence.
Also, a bill to be entitled an act for the relief of J. E. McGuire, of the county of Bartow.
Also, a bill to be entitled an act for the relief of Thomas C. McCreary.
Also, a bill to appropriate money to pay E. J. Ford and W. J. Ford for arresting John L. Ready, charged with murder.
Also, a bill to be entitled an act to change the fiscal year so that the same shall begin on October the 1st and end on September 30th of each year.
Also, a bill to be entitled an act to com-pensate physicians for performing post-mortem examinations.
Also, a bill to be entitled an act to require persons owning lands lying partly in one county and partly in another to make tax retnrns for the same in the county in which the land is situated, except wild lands.

Also, the following bills, which they recommend that the introducers be allowed to withdraw, to-wit:
A bill to be entitled an act to prevent the 'fax-Collectors of the several counties the State of Georgia from collecting a tax from any person or persons for sdling spirituous and malt liquors who have paid for and ob-

MONDAY, DECEMBER 9, 1878.

365

tained from the authorities of any city or town a license to sell such liquors, and where the cost of said license shall amount to $25.00.
Also, a bill to be entitled an act for the relief of the heirs of Eli S. Glover, of the county of Jasper.

They have also had under consideration the following resolution, which they recommend be adopted, towit:

A resolution-

Requestin6 the Governor to correspond with the authorities of the State of Alabama, for the purpose of securing an adjustment of the claim due by the State of Alabama to this State, on account of the Lunatic Asylum.

Also, the following resolution, which they instruct me to return without recommendation, to-wit:

A resolution--

In reference to Mitchell's system of keeping public accounts.
Respectfully submitted.
N. L. HuTCHINS, Chairman.

Leave of absence was granted to Mr. Farnell, for a few days, on account of sickness ; and to Mr. Toole, on account of sickness in his family.

Mr. Thomas moved to suspend the rules for the purpose of taking up and having read a Senate bill in reference to the inspection and analysis of fertilizers.

Mr. McCurry moved to amend hy adding a Senate bill with reference to the granting of corporate powers to private corporations.

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JouRNAL oF THJ!; RousE.

Mr. Paine moved to amend by adding a Rouse bill restricting the fees of Coroners to a sum not exceeding $1,500.

The amendments were adopted, and the motion to. suspend the rules, as amended, was adopted.

The following Senate bill was read the first timP and referred to the Committee on Corporations, to- wit :

A bill to carry into effect paragraph 18, section 7, article 3, of the Constitution, by prescribing the manner in which corporate powers may be granted.

The following Senate bill was read the first time and referred to the Committee on Agriculture, to-wit:
A bill to amend section 4 of an act to render more efficient the inspection and analysis of fertilizers.

The following Rouse bill was read the third time, the report of the committee was adopted, and the bill passed by the necessary constitutional majority, yeas 108, nays none, to-wit:
A bill to prevent any Coroner in the State of Georgia receiving as fees, either for holding iP-qnests or for burying the dead bodies, a sum per annum of more than $1,500 out of the county treasury.

Leave of absance was granted to Mr. Gammage, on account of sickness, and to Mr. Vick, for the remainder of this session, on account of sickness in his family.
On motion of Mr. Polhill, the rules were suspended for the purpose of taking up the general tax act.

The following bill was then taken up and read the third time, to-wit:

MoNDAY, DEcEMBER 9, 1878.

367

.A bill to levy and collect a tax for the support of the State Government and the public institutions ; to pay the interest and a portion of the principal of the public debt, and for educational and other purposes herein mentioned, for the fiscal years 1879 and 1880.

Mr. Hutchins moved that the amended bill, as reported by the Committee on Finance, be adopted as a bubtititute for the original bill.

The substitute was then taken up by sections.

Mr. :MeWhorter moved to amend by striking out the first paragraph of the second section.

Mr. .Awtry moved to amend the paragraph by addi n::r, "and no municipal corporation shall levy any additional tax on these professions."
The amendment was adopted.

The motion to strike out the paragraph was lost, and the paragraph, as amended, was adopted.

Mr. Harrison moved to amend the lOth paragraph of ' the 2d section by striking out the words ''for each
medicine or article so sold.''

Mr. Hutchins, of Gwinnett, proposed to amend by striking out, "for each medicine or article so sold," and inserting ''for each county."
The amendment was adopted.

Mr. Wright moved to strike out the entire paragraph lOth.
Motion lost.

Mr. Wheeler moved to amend tle lOth paragraph of the 2d section by adding, "upon every tree peddler the sum of $100 to be collected by the Tax-Collector

368

JOURNAL OF THE HOUSE.

of each county: Provided the said peddler is a nonresident of the State, or acting as agent of a non-resident.

l\fr. McCurry proposed the following substitute for the amendment of Mr. Wheeler, to-wit :
''For each non-resident fruit tree peddler the sum of ten dollars for each county in which he may peddle or vend fruit trees, to be collected by the Tax-Collector."
The substitute was lost.

Mr. Nisbet proposed to strike out all of the amendment after the words "each county."

Mr. Alston proposed, as a substitute, the following :
"Upon all peddlers of trees, grape vines, or small plants, the sum of $25.00 for each county in which they may peddle."

Mr. Sheffield, of Miller, called for the previous question on the pending amendments.

The call was sustained and the main question ordered.

The substitute of Mr. Alston was not adopted. The amendment of Mr. Nisbet was not adopted. The original amendment was lost.

Mr. Thomas moved to amend the lOth paragraph. The motion was ruled out of order.

Mr. A.wtry offered the following as an additional

paragraph to section 2, to-wit:

"That each vendor of fruit trees, not residents of

this State, shall pay a tax of 1 per cent. on their gross

sales, to be given in to the Tax-Collectors of the coun-

ties where they sell.



MONDAY, DECEMBER 9, 18'78.

369

The amendment was lost.

Mr. Harrison moved to amend the 11th pa,ragraph of the ld section, by striking out the words "for each and every county where such show may be exhibited,'' and inserting the words "for each exhibition."
Amendment lost.

Mr. Paine moved to amend by striking out the words "histrionic, dramatic and operatic."
The motion to strike out did not prevail.

Mr. Turner, of Coweta, proposed the following amendment:
Strike out all after "charitable purposes," in the 25_th line, down to u said tax," in the 26th line, and insert ''five dollars in each town where exhibited of not more than 2,000 inhabitants; $10.00 in each city or town of not lesstthan 2,000 or more than 5,000 inhabitants; $15.00 in every city or town of not less than 5,000 or more than 15,000 inhabitants; and $25.00 in all cities of more than 15,000 inhabitants.n
Lost.

M:r. Jordan, of Wilkes, proposed to amend section 2, paragraph 18, by striking out "in each county in which such person, firm, or agent, may solicit business."
Lost.

Mr. Turner, of Coweta, moved to strike out the paragraph.
The motion to strike out was lost.

Mr. Carr_proposed to amend the 16th paragraph by
striking out the word ":five," in the last line of said paragraph, and inserting the word "one."
The amendment was not adopted.
24

JOURlVAt, 01( THE HOUSE.

Mr. Oliver, of Banks, moved to amend by striking out ''twenty-five" and inserting ''one hundred."
Motion lost.

Mr. McCurry proposed to amend by striking out

"twenty-five" and in~t:~tting "twenty."



The amendment was not adopted.

Mr. Pike proposed to amend by providing that the words "per annum" be inserted aftf.'r the word "dollars."
The amendment was not adopted.

Mr. Pike further proposed to amend by adding after the word ''sold," "a.nd where d*:'alers sell for a less time than one year, they shall pay at the rate of $25.00 per annum: Provided, That for any less time than three months which the dealer ma;r. sell, he shall pay the same as for three months."
Lost.

Mr. Adams proposed to amend by striking out the words "for each place of business where the same are sold."
Lost.

Mr. Rankin moved to amend by adding: "Provided, also, that the tax herein imposed shall not be required of druggists who keep and vend aloohol for medicinal purposes.''
Lost.

Mr. Fort moved to strike out the entire 16th paragraph.
The motion did not prevaiL

Mr. Zellner proposed to amend the 7th section by inserting, afte(the word " your" and before the word

MoNDAY, DECEMBER 9, 1878.

371

"taxable," the following words, to-wit: "Cash or moneyed capital, and of all your other."
Amendment adopted.

. Mr. Harris, of Bibb, proposed to amend the 8th
section by inserting in the second line, after the word "State," the words "at their market value."

Mr. Turner, of Brooks~ proposed to amend by strik ing out the words "bonds of this State," and inserting in lieu thereof "gold and silver coin of the United States."
The amendment was adopted, and the amendment of Mr. Harris was, by permission, withdrawn.

Mr. Harris moved to amend section 9 by inserting, after the word "county," the words "or municipal."
The amendment was adopted.

Mr. Turner, of Coweta, proposed to amend by striking out the word "therein" and inserting "herein."
Amendment adopted.

Mr. Paine proposed to amend by adding to the section the following words: " That the tax imposed by municipal corporations shall not exceed the tax imposed by the State.
The amendment was not adopted.

Mr. Awtry moved to amend the 11th section by inserting the word "in," after the word "contained," in the 4th line of said section.
Adopted.

Mr. Strother moved to amend by striking out all of said. section after the word " construed," and insert the following in lieu thereof, to-wit: "As to require

878

JOUBNAL OF THE HOUSE.

all railroad companies in this State to pay the same oiJ, vrilortJm tax on all their property that other real and personaJ. property in this State is required to pay, and it shaJ.l be thedutyof.theAttorney~General, when directed by the Governor, to institute proceedings nee- essary to collect said taxes on said railroads."
Lost.

The substitute was then adopted in lieu of the originaJ. bill, and the bill, as amended, was passed by the necessary constitutional maJority, yeas 137, nays nane.

On motion of M.r. Niabet, the rules were suspended and the following bill taken up anit read the second time, to- wit :
A bill to authorize the Trustees of the Lunatic Asylum to use part of the unexpended appropriation for improvements, repairs, etc.

On motion of Mr. Sheffield, of Millw, the bill just passed, known as the tax act, was ordered to be at once transmitted to the Senate.

Mr. Oliver moved to change the hours of meeting and adjournment of this House.
Motion lost.

Mr. Wright, of Richmond, offered the following resolution, which was read the first time and referred to the Committee on Finance, to-wit:

A resolution-
Authorizing the Governor to purchase a number of the reports of the Conatitutional Convention, etc.

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

MONDAY, DECEMBER 9, 1878.

373

M1. Speaker:

The senate has concurred in the House resolution appointing a committee to investigate the sales of wild. lands, and has appointed on the part of the Senate, Senators Russell and Candler to act as said committee.

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

Mr. Speaker:
His Excellency the Governor has approved and signed tte following act, to-wit:
An act to confer additional powers and privileges upon purchasers of railroads under the provisions of an act entitled "an act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges," assented to February 29, 1876, by giving to said purchasers time to finish roads where the same are incomplete.

Mr. Paull, 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, for which they herewith submit a substitute and recommend the passage of the same, to-wit:

A bill to authorize the Trustees of the Lunatic Asy-

lum to use a part of the unexpended appropriation

for improvements, repairs, etc.

[Signed]

0. H. PAULL,

Chairman Committee on Lunatic Asylum.

:174

JouRNAL OF THE HousE.

Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the f0llowing report :

Mr. Speaker:
The Committee on the Judiciary. have had under consideration the following bills, which they recommend do pass, to- wit :
A bill entitled an act to amend section 281 of the Code of Georgia.
Also, a bill entitled an act authorizing the granting of writ of certiorari in all appeal trials by juries in Justices Courts in this State_

The committee have also had under consideration the following bills, which they recommend do pass, as amended, to- wit :
A bill to be entitled an act to carry into effect paragraph 2, section 18, article 6, of the Constitution, etc_, for drawing juries in City Courts, etc_
Also, a bill entitled an act to authorize incorporated cities in this State to permit the enclosure of lanes and alleys in such cities when owners of the lots abutting on such lane or alley, or part of such lane or alley sought to be secluded: consent.

The committee have also had under consideration the following bills, which they recommend do pass, by substitute, to-wit:
A bill to be entitled an act to establish the right of appeal to a jury in the Justices Courts of this State, and to the Superior Courts, under the Constitution of this State, article 6, section 7, and paragraph 2_
A.lso, a bill entitled an act to change the time of holding the Superior Courts of the county of Echols, etc_
A.lso, a bill to be entitled an act to amend the law as to assignment of dower, etc.

MoNDAY, DEcEMBER 9, 1878.

375

Also, a bill to be entitled an act to repeal section 4411 of the Revised Code of 1873, in relation to thA offense of larceny from the person.
Also, a bill to be entitled an act to repeal sections 4387 and 4388 of the Revised Code of 1873.

The committee have also had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to be entitled an act to legalize the notarial acts of Notaries Public performed since the expiration of their commissions or appointments.
Also, a bill to be entiiled an act to change the time of holding the Superior Court(in the counties of Haralson and Floyd.
Also, a bill entitled an act to carry into effect the provisions of article 6, section 18, paragraphs 2:and 3, of the Constitution, in reference to the selection of grand and traverse jurors and fixing their::compensation.
Also, a bill to be entitled an act to change the time of holding Superior Courts in the counties of Spalding, Monroe, Butts. Newton, Rockdale and Pike.
Also, a bill to be entitled an act. to change the times of holding the Superior Courts in the counties of Walton, Jackson, Gwinnett and Clarke, and for other purposes.
Also, a bill to be entitled an act to carry into effect section 18, paragraph 2, article 6, of the Constitution of 1877, and to provide for th(drawing of juries and the regulation of the jury system.
Also, a bill to be entitled an act. to amend the Superior Court calendar of the State, so as to change and fix the time of holding the:superior Courts in Brunswick J ndicial Circuit.
Also, a bill entitled an act to change the time of

376

JouRNAL OF TH~ HousE.

holding the Superior Courts in the counties of Webster and Lee.
Also, a bill entitled an act authorizing and regulating trial by juries in the Justices Courts in this State.
Also, a bill to be entitled an act to reestablish the right of appeal from one jury to another in the Superior Courts of this State under the Constitution, article 6, section 4, and paragraph 6.
Also, a bill entitled an act to carry into effect paragraph 2, section 7, article 6, of the Constitution in reference to appeals in Justices Courts to jury, and also in appeals from Justices Courts to the Superior Courts of the county, and to fix the jurisdiction of said courts.
Also, a bill to be entitled an act to provide for appeal trials in Justices Courts.
Respectfully submitted. H. G. TuRNER, Chairman.

On motion of Mr. Colley, Hon. J. T. Jordan was invited to a seat on the floor of the House.

On motion of Mr. Livingston, the Speaker was authorized to appoint a committee of three to examine the business on the Clerk's desk and report what business shall be taken up, and in what order.
Committee-Livingston, Yancey and Turner.

Mr. Fort proposed to take from the table the resolution of Mr. Wright, in regard to the appointment of a committee to sit during the recess and invP.stigate the question of regulating railroad freight and passenger tariffs.
The motion was lost.

Mr. Davis, of Houston, moved to suspend the regular order and take up Senate bills for a first reading.

MONDAY, DECEMBER 9, 1878.

377

The motion prevailed.

Mr. Hheffield offered a resolution that when this House adjourns it shall adjourn to meet at 3 o'clock
P.M.

Mr. Davis, of Houston, proposed to amend by inserting 7 o'clock P. M.
The amendment was adopted, and the resolution was voted down.

Mr. Strother offered a resolution prohibiting the introduction of any new matter or bills after to-day.
Lost.

Mr. Bntler offered a resolution, which was read and, on motion, ruled out of order.

Mr. Adams offered a resolution, that the House, when it adjourns to-day, adjourn to meet at 3:30 o'clock P. M. to-day, for the purpose of reading House bills the second time, that have been favorably reported upon by the committees.

On motion of Mr. Turner, of Brooks, the session was extended twenty minutes.

Mr. Cook moved to adjourn till 7:15 o'clock P. M.

Mr. Yancey moved to strike out so much of the resolution of Mr. Adams as expresses the purpose of the meeting.

The motion of Mr. Cook was lost.

Mr. MeWhorter moved to amend by inserting "House" and adding " Senate" bills on the first and second readings.
Adopted.

378

JouRNAL oF rHE HousE.

Mr. Yancey's amendment was withdrawn.

The committee a;ppointed to indicate what bills should be read and acted on submitted the following report:

Mr. Speake'/' :

The committee appointed to indicate such bills as should be read and acted on this day submit the following:
1st. Senate bills for third reading. ld. Senate bills for second reading. Bd. House bills for third reading. 4th. House bills for second reading, on which the committees have reported favorably. 5th. House bills, first reading.
,L. F. LIVI::SGSTOlf, Chairman.

The resolution of Mr. .Adams, as amended, was adopted.
Leave of absence was granted to Mr. McDonald, on account of sickness in his family.

The House then adjourned till9:00 o'clock P. M.

S:OO O'cLocK P. M. The House reasaembled and was called to order by' the Speaker.
The following mPsaage was received from the Senate throngh Mr. Harris, the Secretary thereof :

MONDAY, DECEMBER 9, 1878.

379

Mr. Speaker:

The Senate has passed the following bill, to-wit: and I am instructed to transmit the same to the House forthwith:
A bill to provide for reaching the property of the debtor, concealed from the creditor, as required by paragraph 6, section 2, article 1, of the Constitution of 1877.

The following bills were taken up and read the second time, to-wit:
A bill to provide for an avpeal in all civil cases tried in a Justices Court to juries in such courts, and in certain casPs to appeals to the Superior Courts, carrying into effect paragrapp 2, section 7, article 6, of the Constitution of 1877, and for other purposes.
Also, a bill to authorize incorporated cities in this State to permit the enclosure of lanes or alleys in such cities, where owners of the lots abutting on such lane or alley, or part of such lane or alley sought to be secluded, consent.
Also, a bill to carry into effect paragraph 2, section 18, article 6, of the Constitution, etc., for drawing juries in City Courts.
Also, a bill to carry into effect paragraph 2, section 7. article 6, of the Constitution, and to amend section 4132 of the Code.
a Also, bill to enforce the collection of tax executions
issued previous to the year 1876, and if not levied and collected within sixty days, or as ooon after as it can be done under legal proceedings after the passage of this act, to declare the same null and void.
Also, a bill to repeal SPction 4323 of the Revised Code of 1873, and to prescribe the punishmentfor persons convicted of murder, and for other purposes.

380

J otmNAL OF m:m BousE.

Also, a bill to alter and amend section 1078 of Ir~ win's Revised Code by requiring parties to file objections to return& of appraisers within three month&, and not in six months.
Alao, a bill to alter and amend section 4528 of the Revised Code of 1873, so that the same will not apply to Sheriff& and other arreating officers or their posses in the faithful discharge of their official duties.
Alao, a bill authorizing the granting of writs of ctntiorari in all appeal trials by juries in Justices Courts in thil State.
Also, a bill to authorize the sale by common carriers of all goodE! uncla.imed, and the dep01it in bank of the net proceeds of sale to await the claim of the owners, and for other purpose&.
Also, a bill to provide for the protection of commeraml fertilizer& from exposure to rain while in the handEl of common carriers.
Alao, a bill to fix the pay of Ordinaries of thil State for making out commissions of lunacy.
Alao, a bill to amend section 36t8 of the Revised Code of 1873, and to compel Constables and Bailiffs
to sell only on the regular monthly court days.
Also, a bill to amend section 4379 of the Code of 1873, in relation to burning nut-house&, by specifying ginhouses ie said section, and increasing the penalty preacribed in said section.
Also, a bill to repeal sections 4387and 4388 of the Revised Code nf 1879.
Also, a bill to keep open, remove and prevent ob&tructions to the free passa.ge of fish in the waters of all rivers in this State.
Al&o, a bill to repealsection4411 ofthe0odeof1873, in relation to the offense oflarceny from the person.
Also, a bill to change the time of holding the Superior Courts in the county of Echols.

MoNDAY, DECEMBER 9, 1878.

381

Also, a bill ~o carry into effect pamgraph 1, section 2, article 7, of the Constitution, whioh provides that certain domestic animals may be subject to taxation.
Also, a bill to make it a felony for the President and Directors of any bank, loan Ol' trust company, or other company incorporated by the laws of this, or doing businE>ss :in this State, or of any private bank or other company, incorporated or unincorpomted, or any individual or individuals, doing a banking business, or a business where money or other article of value ia received on depolrlt, being at the time insolvent, to receive money or other thing of value on deposit and shall fail to pay the same to the depositor or person entitled within three days after demand, and to preacribe the punisment.
Also, a bill to a.mend the law as to assignment of dower.
Also, a bill for the settlement of the claim of Thos. L. Snead, of the city of New York, against the State of Georgia.
Also, a bill to prescribe the manner, terms and speciifications for letting the public printing to the lowest bidder.
4lso, a bill to carry into effect paragraph 11 section I.
article 11, of the Constitution, giving the election of county Judge to the quali.fied voters of the respective connties, and fixing the terms of office.
Also, a bill to authorize the police courts in the cities, towns and villages of this State to impose sentences or judgments in the alternative, and for other purposes.
Also, a. bill to amend an act entitled an act to regulate leasing out of penitentiary convicts by the Governor, authorizing him to 1nake contracts relative thereto, and for other purposes.

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Also, a bill to carry into effect paragr;tph 2, section 2, article 7, of the Constitution.
Also, a bill to change the charter of the State University so as to add four additional Trustees to the board, and give the election of said Trustees to the Georgia State Agricultural Society, and for other purposes.
Also, a bill to alter and amend section 3845 of the Code of 1873, providing for the payment of State's witnesses from other counties.
Also, a bill to prevent railroad companies of said State from employing inexperienced engineers, etc.
Also, a bill to amend section 2'31 of the Code.
Also, a bill to regulate the manner of giving in wild lands for taxation, and the sale and redemption thereof_, and for other purposes.
Also, a bill to provide for the carrying into effect sentence in certain criminal cases, and for other purposes.
Also, a bill to amend- an act entitled an act to render more efficient and economical the inspection and analysis of fertilizers, and to amend the laws in relation thereto.

The following Senate bills were then taken up, read the first time and referred to the Committee on the Judiciary, to-wit:
A bill to repeal an act, approved February 28, 1874, entitled "an act to n"'quire judgment creditors in certain cases to have their judgments recorded in the county of the defendant's residence," and in lieu
thereof to require a proper docketing of the fl. fas. in
such cases.
Also, a bill to amend section 274 of the Code in relation to appointment of receivers.

MoNDAY, DECEMBER 9, 1878.

383

Also, a bill to amend section 244 of the Code of 1873.
Also, a bill to prescribe fees of Solicitors of County Courts where the same are not now provided by law.
Also, a bill to amend section 3972 of the Code of 1873.

The following Senate bill was then read and referred to the Committee on Public Library:

A bill to provide for the people to be better supplied with the laws of this State.

The following Senate bill was read the first time and referred to the Committee on Education, to-wit:
A bill for the establishing of branches of the State University at Cuthbert and Thomasville, etc.

The following Senate bill was read the first time and referred to the Committee on Finance, to-wit:
A bill to amend an act to require the payment of moneys arising from fines and forfeitures into the county treasury, and to regulate the disbursement of the same.

The following Senate bills were read the first time and referred to the Committee on the Judiciary, towit:
A bill to amend section 1832 of the Code. Also, a bill to extend the mode of proving administration and guardianship. Also, a bill to throw restrictions around the reception of pauper affidavits in judicial proceedings, and for other purposes. Also, a bill to amend section 2558 of the Code, as to the sale of insolvent papers by administrators, and for other purposes.

384

JoURNAL OF THE Hous:m.

Also, a bill to carry into effect pa.ra.graph 1, section 1'71 article 8, of the Constitution, for change of venue in all
cases, eithP.r at law or in equity.
Also, a hill to authorize cnditors of any person
maJdng a voluntary aHignment to compel the assignee to give security to discharge his trust, and for other purposes.
Also, a bill to prevent illegal voting in elections in this State, ud prescribe a. penalty therefor.

The following Senate bills were read the second time, to-wit:
A bill to fix the :fiscaJ year for the State, and to provide how and when the messa'ge of the Governor and reports of the Comptroller-General shall be made.
Also, a bill to authorize the sale by common carriers of all freight unclaimed, and the deposit in bank of the net proceeds of sale to await the claim of the owners, ud for other purposes.
Al&o, a bill to carry into effect the paragraphs of section 4th, a.rticle 8th, of the Constitution.

The House then adjourned till to-morrow morning at 9:80 o'clock.

ATLANTA, GEORGIA,
Tuesday, December 10, 1878.
The House met pursuant to &djoumment, wa& called to order by the Speaker, and opened with prayer by the Chaplain.
The roll wa& called a.nd a. quorum found to be preaent.

TUESDAY) DECEMBER 10, 1878.

885

Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.

The Journal was then read and approved.

Mr. Mynatt1 chairman of the Committee on Corporations, submitted the following report;

Mr. Speaker:

The Committee on Corporations have had under oonlrideration the following Senate bill, which they recommend do pass, by substitute, to-wit:
A bill to be entitled an act to carry into e:ffect paragraph 18, section 7, article S, of the Constitution by prescribing the mannerin which corporate powers may be granted.
Respectfully submitted. P. L. MYNATT, Chairman.

Mr. Paine, chairman of the Committee on Enrollment, submitted the following report
JJlir. Speaker :
The Committee on Enrollment reportd as dnly enrolled, signed by the Speaker of the House of Representatives and President of the Senate, and delivered
to his Excellenuy the Governor, the following bill, to-
wit:
A bill to confer additional powers and privileges upon purchasers of railroads under the provisions of an act entitled "an act to enable the purchasers of
railroads to form corporations and to exercise cor-
porate powers, and to define their rights, powers and privileg;s," assented to February 29, 1876, by giving to

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JOURNAL OJ' THE HOUlE.

said purchasers time to :finish said roads where the same are incomplete.

Also, a. reaolution inatruoting the Comptroller-Gen-
eral to suapend sales of wild lands and transfer of ex-
ecutions.~
W. W. P .AINE, Chairma:Q..

Mr. Alaton, ohairman of the Committee on the Penitentiary, made the following report:

Mr. Speaker:
'rhe Committee on the Penitentiary have given the Penitentiary aystem of the State very cm.reful and laborious consideration. Sub-oommittees have visited ivel'y oamp in the State, exoept one, and that one they have obtained specific information about from the principal keeper.
They feel, therefore, that they are prepared to make a very fo11 report in regard to the working of the present lease syatem, which has been in operation for the past ten years, and which, by a law, a.ppraved February 25, 1876, is to be continued for twenty years from 1st of April, 1879. By this act, which was intended to go into operation on 1st of April, 1879, or sooner if the emergency of forfeitei leases should render it neo-
essary, the Governor wa.s authorized to a.dvertise for
bids for the convicts which might be on hand on the 1st of April, 1879. He did so advertise, and on the 21st of June, 1876, the whole convict force were let to the three following companies, namely :
Penitentiary No.1, composed of Joseph E. Brown, Julius L. Brown, Jno. T. and W. D. Grant, of Georgia, and Jacob W. Bearer, of Boston, Mass. Penitentiary No. 2, composed of Benj. G. Lockett, John B. Gordon, L.A. Jordan and W. B. Lowe. Penitentiary No.3, oomposed of William D. Grant, W. W. Simp-

TuESDAY, DEOl!IJIBEB 10, 18'18.

887

son, Thomas Alexander, John W. Murphy and John W. Renfroe.
By the terms of this lease, Penitentiary No.1, which is known as the Dade Coal Mines, is to be kept up to three hundred able-bodied, long term men, and the balance of the convicts are to be devided between Pen itentiary No. 2 and Penitentiary No. 9. This will give, from present calculations, about four hundred and fifty convicts to each of the!e two prisons on the 1st of April, 1879. To this number are to be added, whenever the Marietta and North Georgia Railroad is completed, whatever :r;tumber of hands that road may have in their employ. By the terms of the twenty yea.r lease act the Governor was authoriled to furnish to the Directors of that 1oad, upon their application for the same, two hundred and fifty hands, or so many thereof as they should desire. They now have nearly one hundred and fifty. A more recent act of the Gen~ eral Assembly also gave to this road the net proceeds arising :from the hire of the whole Penitentiary for three years. The State gets ($25,000) twenty-five than sand dollars per annum for the whole number, out of which are to be paid the expense& of the salarieB of the Principal Keeper, Chaplain and Physician. In De cember, 1876, the Marietta and North Georgia Railroad declined to accept nine convicts who were assigned to them, and this devolved upon Governor Smith the necessity of establishing the three penitentiaries under the law of 18'i8.
Accordingly, Penitentiary No. 1 was established at the Dade Coal Mines, under the management of Joseph E. Brown. Penitentiary No. 2, in Greene county, under Thomas Ale:xander. Since that time, to-wit: on the 15th day of January, 1878, a bra.nch Penitentiary has been established by Governor Colquitt in Taylor county, on the lands of Gen. John B.

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JouRNAL oF THE HousE..

Gordon. The hands in this prison are divided into two camps, one of which is in charge of Mr. C. B. Howard, and the other is under the control of Edward Cox, agent and manager for John B. Gordon.
The convicts now under the control of "\V. D. Grant, at Old Town in Jefferson county, and at his home place in Fulton county, at his Richmond county camp, and at his camp in Bartow county, numbering in the aggregate about three hundred; those with Henry Taylor, in Washington county, to the number of fifty; those with A. Smith Barnwell, on Champney Island, to the number of sixty-five, and those under the control ofT. Jack Smith, in vVashington county, and at Savannah, to the number of about one hundred, are all held under the act of March, 1874, which will expire on 1st April, 1879.
It will be the duty of the Governor, when these leases expire, to instruct the Principal Keeper to turn them all over to the three established Penitentiary Companies ; and your committee recommend that all the convicts who then are in the hands of these various lessees be ordered into these respective prisons as soon as their present leases are terminated~ either by act of law or for other causes.
This will enable the law, which requires that a physician and a chaplain be appointed for their medical attention and moral improvement, to be enforced. .At present there is neither physician nor chaplain, as the camps are so numerous and so widely separated that it would require one month of steady traveling for the Principal Keeper to spend two hours in each camp. Therefore, the Governor has not found it practicable to appoint either a physician or chaplain. Neither has the Principal Keeper been able to comply with section 8 of the law, which requires that he should make a monthly inspection.

TUESDAY, DECmtBEB 10, 1878.

SSIJ

We regret to find, in many of the oa.mps, tha.t the law requiring the convicts to be safely kept a.nd properly guarded is not observed. In but two of the oa.mps visited is there a compliance with the regulations, na.mely: the on.mp of B. G. Lockett, in Dougherty county, and a.t the Dade Coal Mines. We are glad to report these on.mps in thorough order &nd under &trict discipline, and hence it is, a& will be found by reference to the report of the Principal Keeper, tha.t in these camps the escape& are less than the average for forty-nine yea.rs, when they were kept in wa.lls. The avera.ge term of a prisoner is four and a half years. The average of eson.pes, under the old system, was 7 per cent. for a term. At the Dade Coal Mine&, for the same period, there has been only one escape in &n avera.ge of nearly three hundred men, about one-third of one per cent. Colonel Lockett has had his convicts only about two years, but in that time he ha.s had but four escapes.
The average of escapes at all the rest of the camps, including those killed in attempting to escape, owing to insuftlcient number of guards, ha.s been from twenty to forty-five per cent. Hence it is that there are now upwards of five hundred and twenty-three escaped convicts roaming at large, being nearly one-half of the present number now confined, who have escaped since the lease system went into operation. The law provides a penalty of two hundred dollars for every negligent escape, unless the convict is recaptured andreturned to work within sixty days. Although thereare now at large over five hundred, not one dollar has been recovered to the State. The Principal Keeper assigns
as & reason for not prosecuting for escapes, that it would be impossible for him to get testimony to prove
that the escape was the result of negligence.
Your committee think that in every insta..nce where

390

JOURNAL OF THE HOUSE.

the lessee fails to keep the number of guards required by the regulations, that negligence is established, and the party allowing the escape ought to pay the penalty. Under this rule, which, in our opinion, is the proper one, there would either be fewer convicts running at large, or there would be a large amount in the Treasury to reimburse the State for the cost of their trials and convictions. It costs the State an average of thirty-five dollars for every conYiction, besides the immense cost of jail fees and jury fees paid by the county, and it is unjust to society, who have this to pay, that such gross carelessness should prevail among the the lessees who have them in charge.
The next point which your committee desires to bring to the attention of the General Assembly is the fearful mortality which prevails in many of the camps. Although this mortality has been greatly lessened by the humane and watchful care of the Principal Keeper, it is nevertheless great enough still to be a reproach to our humanity. That it cannot be ascribed entirely to the system, we will instance the fact that in Jack Smith's camp, in vVashington county, the mortality has been only one per cent., and in C. B. Howard's camp, in Taylor county, there has been no death; in vV. D. Grant's camp, in Jefferson county, not very far distant., the mortality has exceeded ten per cent., and in Grant's camp, in Richmond county. the mortality has been forty per cent. for four months, or ten per cent. per month. Leaving out the mortality at the Dade Coal Mines, which is but four per cent. per annum, and take the average mortality in the rest of the camps, and it will average ten per cent. per annum.
In Mr. A. S. Barnwell's camp, the average mortality for three years has been sixteen (16) per cent. per annum. This is a fearful death rate, and, whether caused by the location of the camps or the cruelty of the over-

TUESDAY, DEOEDElllO, 18'78.

391

seers, calls for immedia.te remedy. The startling ch&.r acter of these figures will be a.pprecia.ted when it is considered that the reports :from nearly all the prisons
in the United Smtes (and your committee ha.ve had.
them before them) only show an &vemge morta.lity ot one per cent. More prisoners have died in one year in the respective e~.mps of A. Smith Ba.rnwell and. W. D. Grant than die in the Maryland. penitentiary in fif. teen years, among the sa.me number of persons. Your committee have not selected this penitentis.ry bec&use of the low rate of mortality-bee&use even there it is greater than. in Kansas, or India.na, or &!most any of the Western or Middle t:itates-but from the fact that in Maryland they have the same class of population to deal with, the blacks largely predominating over the whites on the prison roll. Even in Texas, where they have the same system that we have in Georgia, the death rate is less than 3! per cent. per annum. The lease act, in section 3d, says there shall be such "regulations, restrictions and arrangements made by the Governor," to be enforced. by him, as will "associate only persons convicted of crimes of moral turpitude, which shall regard the condition of the sexes, l.nd. age of convicts, and ability to labor!' -We are compelled. to state that this part of the law is notobserveil. We
find in some of the camps men and women chl.ined to-
gether and occupyjng the same sleeping bunks. The result is that there are nowin the Penitentis.rytwenty-
five bastard children, ranging :from three months to
five years of age, and many of the women are now fl.r
advanced in pregnancy. This we regard &8 a. :fla.grant
wrong.
The lease law prescribes that the 11 lessees shall not use as guards any of the convicts, or pl&ce them in positions of trust and control over the convicts," and makes the violation of this law a breach of their bond.

392

JOURNAL OF THE HOUSE.

This provision is also disregarded. In all the camps, we found a number of c< trusties" who were used as night watch, or occupied positions of trust.
In conclusion, we beg leave to add a few comments. The protection of society by the punishment and re'Pression of crime should be the object of penal servitude, and one of the concomitants of this punishment should be an effort at the reformation of the criminal. That many of them are susceptible of rPformation cannot be doubted, but we would ask, where is the possibility of reformation in a system where men and women are chained together, and we are annually raising a number of children from mothers who are on the chain, where there is neither physician nor chaplain, t3Xcept such as the lessees chose to provide ~ The lease system at best, is a very bad one, and seems to have been forced on the State by an inability to provide for the great increase in the number of criminals growing out of the changed relations of labor. Nevertheless, it is fastened upon us for the next twenty years, and we should endeavor to guard it by all the restrictions which wise and humane legislation can suggest. It was the purpose of this committee to endeavor to have a law passed, looking to this end, but the necessity for an early adjournment will prevent our doing so. The present law should be so amended as to have some officer appointed by the State to starnd between the prisoner and the lessee. To turn the criminals over to private parties, who have no interest in them except that which is prompted by avarice, is to subject them to treatment which is as various as the characters of those who have them in charge, and in many cases amounts to nothing less than capital punishment with slow torture added.
Your committee recommend that the camps of W. D. Grant, at Old Town, in Jefferson county, and his

TUESDAY, DEOlilMBEB 10, 1878.

393

ca.mps in Richmond county, be a.t once abolished, and his contract nmde with the State, 1\farch, 1874, be cancalled. ThE'y further recommend that the camp on Champney Island be diacontinued as a prison, on the expiration of Mr. Barnwell's present lease, owing to the unhealthiness of the location ; also, that the Principal Keeper to immediately inspect Mr. C. B. Howard's camp in Taylor county, and causehiapoliceregulations to be improved, and the camp to be at once removed to a more suitable and less dangerous location, and to this end they offer the following reso
Jutions:
Resol?Jt, That the camps of W. D. Grant, in Jefferson county, at Old Town, and his camps in Richmond county, near Augusta, be abolished, and his contract with the St~:~:te, under which he holds the priaoners in these camps, be cancelled.
Resol?Jed, That upon the expiration of Mr. A. S. Barnwell's lease with the State, which will erpil'e on the 1st of April, 1879, that Champney Island be diaconti,nued as a prison.
ResolDed, That Mr. C. B. Howard be required to increase his guards up to the number required by the prison regulations, and also to remove his camp from its present location to one which is less dangerous to the satety of the prisoners in his charge.
We found, in our visits to the various camps, several cases which, in our judgment, strongly demand the exercise of Executive clemency. Their names we will present in a supplemental revort.
R. A. ALSTON, Chairman Penitentiary Committee.

On motion of Mr. Garrard, three hundred copies of the report of the Committee on the Penitentiary were ordered printed.

394

JOURNAL OF THE HOUSE.

On motion of Mr. Barksdale, the following bill was taken from the table and placed in order among the bills for a third reading, to-wit:
A bill to prescribe the manner of fixing the compensation of jurors in all counties in this State, and torequire the Judges of the Superior Courts to give it in charge.

The following bill was taken up, read the third time, the substitute proposed by the Committee on the Judiciary was adopted, and the bill was passed, by substitute, by the requisite constitutional majority, yeas 112, nays 17, to-wit:
A bill to prohibit the sale of intoxicating drinks within two miles of election precincts in this State on election days.

The following bill was taken up and read the third time, to-wit :
A bill to prescribe the manner of fixing the compensation of jurors in all the connties in this State, and to require the Judges of the Superior Courts to give it in charge.

On motion of Mr. Miller, of Houston, the bill was temporarily tabled.

The following bill was then takeP.. up and read the third time, to-wit:
A bill to authorize the Board of Trustees of the State Lunatic Asylum to use $25,000 of the unexpended appropriation for the purpose of enlarging the building for colored patients, and to make other permanent improvements.

The House went into Committee of the Whole House for the purpose of considering the bill.

TUESDAY, DECEMBER 10, 1878.

395

Mr. Northern, chairman of the Committee of the Whole House, made the following report :

Mr. Speaker:

The Committee of the Whole House have had under consideration a bill authorizing the Trustees of the State Lunatic Asylum to use $25,000 of the unexpended appropriation for the purpose of making certain improvements and repairs, etc., which they have instructed me to report back with a recommendation that it do pass by substitute.
On motion of Mr. Miller, of Houston, the bill was laid on the table.
The following bill was then taken up and read the thud time, to-wit:
A bill to provide for an appeal to a jury in all civil cases tried in Justices Courts, and for appeals to the Superior Courts, carrying into effect paragraph 2, section 7, article 6, of the Constitution of 1877, and for other purposes.
The substitute proposed by the Committee on the Judiciary was adopted ; the report of the committee, which recommends the passage of the bill, was agreed to, and the bill was passed by the requisite constitutional majority, yeas 120, nays none.
The following bill was then taken up and, on motion, laid on the table, to-wit:
A bill to establish the Middle Georgia Military and Agricultural College.
The following bill was then taken up and read the third time, to-wit:
A bill to prescribe the manner of fixing the compen-

396

JOURNAL OF THE HOUSE.

sation of jurors and bailiffs in every county in this State.
Mr. Phinizy called for the previous question on the amendment proposed by the Committee on Finance to the first section of the bill.

The call was sustained and the main question ordered.

The amendmP.nt proposed by the committee to the first section was not adopted.

Mr. Adams proposed to amend the bill by providing that the compensation shall not exceed one dollar per day.

Mr. ~he:ffield, of Miller, called for the previous question on the pending amendment.

Mr. Harrison called for the previous question on the whole bill.

The call was sustained and the main question ordered.

The amendment was not adopted.

The amendment proposed by the Committee on Finance to the second section was adopted ; the report of the committee, as amended, was agreed to, and the bill passed by the requisite constitutional majority, yeas 107, nays 17.
On motion of Mr. Mynatt, the rules were suspended and the following bill taken up, read the thirct time and passed by the requisite constitutional majority, yeas 109, nays none, to-wit:
A bill to change the beginnings of the terms of the Supreme Court.

TUESDAY, DECJWBER 10, 1878.

397

Mr. Yancey moved to suspand the rules for the purpose of taking up a bill with reference to the changing of the times of holding Superior Courts.
The motion was withdrawn.

The following bill was taken up and read the third time, to-wit :
.A bill to fix the jwisdiction of Justices of the Peace and Notaries Public, and ex-af!icio Justices of the Peace, to require them to hold regular monthly terms.

The substitute proposed by the Judiciary Committee was adopted, and the report of the committee agreed to.

Mr. Mathews moved to lay the bill on the tlil.ble. The motion did not prevail.

Mr .Adams called for the previous question on the passage of the hill.

The call was sustained and the main question ordered.

The hill was passed by the requisite constitutional majority, yeas 101, nays 38.

The following bill was taken up and read the third time, to-wit :
.A hill to require all tax fl. faB. issued prior to
the year 1876, not yet collected, to be levied and collected within sixty days, or as tsOOn as it can be done under legal process after the passage of this act, or to declare the same null and void.

The substitute proposed by the Committee on the Judiciary was adopted ; the r~port of the committee,
which recommends the passage of the bill, was agreed

398

JouRNAL oF THE HousE.

to, and the bill was passed by the requisite constitutional majority, yeas 108, nays 13.

The following bill was then taken up and read the third time, to-wit:
A bill to prescribe the manner in which county lines may be changed in this State.

The first amendment proposed by the Committee on Counties and County Lines was adopted. The second amendment proposed by the committee was adopted. The third amendment was adopted, and the report of the committee was agreed to.

The bill was passed by yeas 105, nays 14, the necessary constitutional majority voting in the affirmative.

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

Mr. Speaker :

The Senate has concurred m the following House bill, to- wit :
A bill to authorize the municipal authorities of towns and cities to compromise their bonded debt, and to provide for the issue and exchange of new bonds for outstanding bonds, etc.

Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the f0llowing report :

Mr. Speaker:
The Committee on the Judiciary have had under consideration the following Senate bill, which they recommend do pass, to- wit :
A bill to be entitled an act to provide for setting

TUESDAY, DECEMBER 10, 1878.

399

apart homesteads and exemptions of property; for the sale thereof, and the reinvestment of the proceeds, etc.

The committee have also had under consideration the following bills, which they recommend do pass, as amended, to- wit :
A bill to be entitled an act to re-enact and declare of force section 4573 of the Code of this State, and for other purposes therein named.
Also, a bill entitled an act to provide that every Judge of the Supreme, Superior, City or County Court who is the owner of any share or stock in any railroad company, or who is an officer or a.gent of such company, shall be disqualified to preside in the trial of any cause by or against any railroad company.

The committee have also had under consideration the following bills, which they recommend do not pass, to-wit:
A bill entitled an act to amend section 3308 of the Code of 1873, relating to the filing of declarations in attachment cases, so as to require declarations or something in the nature of the same to be filed in all cases.
Also, a bill entitled an act to repeal sub-section 5 of section 3854 of the Code of 1873.
Also, a bill to be entitled an act to amend section 2683 of the Code of 1873, in relation to title by prescription.
Also, a bill to be entitled an act to exempt one section hand for each mile of railroad in this State, and also all guards and overseers of convicts in this State, from road and jury duty.
Also, a bill entitled an act more particularly defining the time of settlement of Tax-Collectors of the various counties of this State with the county authorities for the county taxes, and for other purposes.

400

JouRNAL OF THE HousE.

Also, a bill entitled an act to make it a misdemean-
or for a servant, or a tenant, or a master, or a landlord, after having entered into a contract, either written or unwritten, and after any portion of said contract has been performed, to abandon the same without a legal right to do so, and to make it punishable as hereinafter prescribed.

The committee have had under consideration also the following bill, which they report back with therecommendation that it be referred to the Committee on Military Affairs, to- wit :
A bill to be entitled an act to establish in the State of Georgia a military system, for the volunteers, under article 10, section 1, paragraph 2, of the Constitution of the State of Georgia.

The committee have also had under consideration the following bill, which they report back with the recommendation that it be referred to the Committee on Finance, to-wit :
A bill entitled an act to make it the duty of freeholders, or their agents, to return the names of all taxpayers residing upon their premises on the first day of April of each year.

The committee have also had under consideration the following bill, which they report back with therecommendation that the introducer be allowed to withdraw it, to-wit:
A bill to be entitled an act to make it a high misdemeanor, and punishable as prescribed therein, for any official, or clerk, or employee of any official, etc.
Respectfully submitted. H. G. TuRNER, Chairman.

TuESDAY, DECEMBER 10, 1878.

401

Mr. Hutchins, chahman of the Committee on Finance, submitted the following report :

Mr. Speaker:

The Committee on Finance have had under consideration the following Senate bills, which a majority instruct me to report with the recommendation that they do pass, to-wit:
A bill to be entitled an act to reduce and regulate the fees of Tax-Receivers and Collectors in all the counties of the State; to repeal all local laws relating thereto, and for other purposes.
Also, a bill to be entitled an act to prescribe the manner of allowing insolvent lists of Tax-Collectors.
Respectfully submitted. N. L. HuTCHINs, Chairman.

The following bill was taken up and read the third time, to-wit :
A bill to alter and amend section 2573 of the Revised Code of 1873, in reference to the setting apart of a year's support for the widow and minor children, and restrict the time for filing objections to the return of appraisers.

Mr. Davis, of Houston, offered a substitute for the substitute proposP.d by the Committee on the Judiciary.

The substitute was adopted; the report of the committee, as amended, was agreed to, and the bill passed by the requisite constitutional majority, yeas 107, nays none.

Mr. Strother moved to suspend the rules to take up a Senate bill.
The motion was lost. 26

402

JouRNAL 01!' THE HousE.

Mr. Daniel gave notice of a motion to reconsider the bill limiting the jurisdiction of Justices of the Peace, etc.

The following bill was read the third time, and, on motion, was laid on the table, to-wit:
A bill to abolish the State Board of Health.

The following bill was then taken up and read the third time, to-wit:
A bill to alter and amend section 4528 of the Code of 1873, so as to except Sheriffs and their deputies and other arresting officers in the discharge of their duty.

The substitute proposed by the Committee on the Judiciary was adopted ; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 108, nays 9.

The following bill was taken up and read the third time, to-wit :
A bill to increase the jurisdiction of Justices of the Peace in cases against railroad companies, arising under the act of February 20, 1854.

The amendment proposed by the Committee on the Judiciary was adopted; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 113, nays none.

The following bill was taken up and read the third time, to-wit:
A bill to authorize the granting of writs of certiorari in all appeal trials by juries in Justices Courts.

The amendmflnt proposed by the Committee on the

TUESDAY, DECEMBER 10, 1878.

403

Judiciary was adopted ; the report of the committee was agree to, and the bill was passed by the requisite constitutional majority, yeas 101, nays 8.

The following bill was taken up and read the third time, to~wit :
A bill to repeal section 4323 of the Revised Code of 1873 ; to prescribe the punishment for persons convicted of murder, and for other purposes.

The amendment proposed by the Committee on the Judiciary was adopted, and the bill passed by the requisite constitutional majority, yeas 101, nays 2.

The following bill was, on motion, laid on the table, to-wit:
A bill to authorize the sale by common carriers of all goods unclaimed, and the deposit in bank of the net proceeds of sale to await the claim of the owners.

The following bill was read the third time, to-wit:
A bill to provide for the protection of commercial fertilizers from exposure to rain while in the hands of common carriers.

The bill was passed by the necessary constitutional majority, yeas 92, nays 24.

On motion of Mr. Patterson, it was resolved that when this House adjourn it adjourn to meet again at 3 P. M. to-day.

On motion of Mr. Turner, of Brooks, the session was extended five minutes.

Mr. Harris offered a resolution prohibiting the introduction of any new matter till July.

404

JOURNAL OF THE HOUSE.

Lost.

The following bill was read the third time, to-wit :
.A bill to fix the pay of Ordinaries of this State for making out commissions of lunacy.

The substitute of the Finance Committee was adopted, and the bill was passed by the necessary constitutional majority, yeas 115, nays none.

On motion the House adjourned till 3:00 o'clock
P. 111.

3:00 O'CLOCK P. 111. The House reassembled and was called to order by the Speaker.
The following bill was taken up and read the third time, to-wit:
A bill to amend section 3648 of the Code of 1873, so as to require Constables and Bailiffs to sell only on regular monthly court days of their respective districts.
The amendments proposed by the Committee on the Judiciary were adopted ; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 103, nays 4.
On motion of Mr. Perkins, the privileges of the floor were extended to Hon. T. M. Norwood during his stay in the city.
The following bill was taken up and read the third time, to-wit :

TUESDAY, DECEMBER 10, 1878.

405

A bill to alter and amend section 4411 of the Revised Code of 1873, so far as the same relates to the punishment of larceny from the person.

The substitute proposed by the Committee on the Judiciary was adopted; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 90, nays 7.

The following bill was taken up and read the third time, to-wit:
A bill to amend section 4379 of the Revised Code of 1873, so as to specially include gin-houses therein and to increase the punishment therefor.

The report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 111, nays none.

The sub-committ~e of the Committee to Investigate the Conduct of the Governor in the indorsement of the bonds of the Northeastern Railroad was granted leave of absence from the afternoon session.

The following bill was taken up and read the third time, to-wit:
A bill to change the time of holding the Superior Courts of the county of Echols.

The Committee on the Judiciary recommends that the bill do pass by substitute, said substitute including all counties applying for changes of the time of holding court.

Mr. Prescott moved to amend by inserting "Echols Superior Court on the second Mondays in March and September."
Amendment adopted.

506

JOURNAL OF THE HOUSE.

Mr. Carr moved to amend by striking out of section 1, the words " Rockdale on the third Monday in Pebruary and August.''
The amendment was lost.

Mr. Pike moved to add the following as an additional section :
"That wherever this act authorizes a two weeks' court in any county, at either of its sittings, the Judge of said court shall draw and have summoned two traverse juries, one to serve the first week and the other to serve the second week : Provided, that nothing herein contained shall authorize the drawing of two grand juries to serve at any one term of the court."
Amendment adopted.

Mr. Pike moved to further amend by adding certain words to the title.
Agreed to.

The report of the committee, as amended, was agreed to, and the bill passed by the necessary constitutional majority, yeas 112, nays 2.
The following bill was taken up and read the third time, to-wit:
A bill to make it a felony for any president, or other officer of a bank, etc., to receive any deposit of money, etc., when said bank, etc., is insolvent.
The bill was recommitted to the Committee on the Judiciary.
Mr. Yancey, from the Committee on Education, made the following report.
Mr. Speaker :

TUESDAY, DECEMBER 10, 1878.

407

The Committee on Education, to whom was referred

Senate bill No. 106, ''to be entitled an act for the es-

tablishing of branches of the State University at Cuth-

bert and 'l'homasville," etc., beg leave to report that

the same bas been under consideration, and recom-

mend the bill do pass.

[Signed]

B. C. YANCEY,

Acting Chairman on behalf of the Committee.

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 resolution:

A resolution-

Appointing a committee to investigate the wild land sales of this State.
W. W. PAINE, Chairman.

The following bill was taken up and read the third time, to-wit:
A bill to settle the claim of Thomas L.. Snead against the State of Georgia.

The House went into Committee of the Whole House for the purpose of considering the bill.

Mr. Paine, chairman of the Committee of the Whole House, made the following report:

Mr. Speaker:

The Committee of the Whole House have had under

408

JOURNAL OF THE HOUSE.

consideration the bill '' to settle the claim of Thomas L. Snead, of New York, against the State of Georgia," which they have instructed me to report back to the House with a recommendation that the bill do lay on the table till the adjourned session.

The bill was fhen laid npon the table till the adjounred session.

The following bill was then taken up and read the third time, to-wit:
A bill to amend section 4045 of the Revised Code of 1873, in reference to the assignment of dower.

The substitute reported by the Committee on the Judiciary was adopted ; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 107, nays none.

The following bill was taken up and read the third time, to-wit:
.A bill to repeal sections 4387 and 4388 of the Revised Code of 1873, and to prescribe the punishment in cases of burglary.

The Committee on the Judiciary recommends that the bill do pass by substitute ; the substitute was adopted ; the report of the committee agreed to, and the bill passed by the requisite constitutional majority, yeas 115, nays none.

The next bill in order was taken up and read the third time, to-wit:
A bill to provide for the levying of a tax on dogs, and to turn over the proceeds to the educational fund.

The substitute proposed by the Committee on Agriculture, and the original bill were, on motion of Mr.

TUESDAY, DECEMBER 10, 1878.

409

Harrison, laid on the table till the adjourned session.

The following bill was, on motion, also laid upon the table, to-wit :
A bill to carry into effect paragraph 1, section 2, article 7, of the Constitution, which provides that certain domestic animals may be subject to taxation.

On motion of Mr. Awtry, the following bill was laid on the table till the July session, to-wit:
A bill to prescribe the manner, terms and specifications for letting the public printing to the lowest bidder.

On motion of Mr. Fort, the resolution relative to the appointment of a committee to investigate the question of railroad freights during the recess was taken from the table and placed in its order on the file of resolutions.

The following bill was then taken up and read the third time, to-wit :
A bill to carry into effect paragraph 1, section 2, article 11, of the Constitution of Georgia, giving the election of county Judges to the qualified voters of the respective counties, and fixing the terms of office.

Mr. Davis, of Houston, moved to recommit the bill to the Committee on the Judiciary.
The motion to recommit prevailed.

The following bill was then taken up and read the third time, to-wit:
A bill to carry into effect paragraph 2, section 2, article 7, of the Constitution of 1877.

The report of the committee was agreed to, and the

410

JouRNAL OF THE HousE.

bill passed by the requisite constitutional majority, yeas 102, nays 1.

The following bill was then taken up and read the third time, to-wit:
A bill to provide for the election of four additional Trustees to the Board of 'frustees of the State University, and give the election of the same to the Georgia State Agricultural Society.

The report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 101, nays 1.

The following bi'l was then taken up and read the third time, to-wit :
A bill to alter and amend section 3845 of the Code of 1873, providing for the payment of State's witnesses from other counties.

Mr. Hanks moved to amend by striking out "two dollars per diem,'' and inserting '' one dollar per day."
The amendment was adopted.

The report of the committee, as amended, was agreed to, and the bill passed by the requisite constitutional majority, yeas 108, nays 9.

Mr. Patterson moved to adjourn till 9:30 o'clock tomorrow morning.
Motion lost.

The following bill was then taken up and, on motion, recommitted to the Committee on Railroads, to-wit:
A bill to prevent railroad companies from employing inexperienced engineers.

TUESDAY, DECEMBER 10, 1878.

411

Mr. Fort moved to adjourn till 7:30 o'clock P. M.

Mr. McCurry moved to amend by inserting 9:30 o'clock A.M. to-morrow.
The amendment was lost.

The original motion was then put and lost.

The following bill was taken up and read the third time, to-wit:
A bill to amend section 281 of the Code.

And, on motion, recommitted to the Committee on the Judiciary.

The following bill was taken up and read the third time, to-wit:
A bill to prevent the obstruction of rivers so as to prevent the free passage of fish.

Mr. Greene, of Baldwin, submitted an amendment to prevent the obstruction of the mouths of creeks with gill-nets, etc.

The amendment was adopted, and the report of the committee, as amended, was agreed to, and the bill passed by the requisite constitutional majority, yeas 94, nays 18.

Mr. Miller, of Houston, moved that the House adjourn till to-morrow morning at 9:30 o'clock.
The motion, by permission, was withdrawn.

The rules were suspended and two bills taken up and read out of their numerical order.

The following bill was taken up and read the third time, to-wit:
A bill to carry into effect paragraph 2, section 18,

412

JOURNAL OF THE HOUSE.

article 6, of the Constitution of 1877, so as to provide for the drawing of juries for the City Courts in this State.
The report of the Committee on the Judiciary was agreed to, and the bill, as amended, was passed by the requisite constitutional majority, yeas 103, nays 4.
The following bill was then taken up and read the third time, to-wit:
A bill to authorize municipal authorities of any incorporated city, or town, or village to close up any lane or alley where owners of the lots abutting on said lanes or alleys consent.

The report of the committee, which recommends the passage of the bill, as amended, was agreed to, and the bill passed by the requisite constitutional majority, yeas 103, nays 30.
Mr Tarver moved to adjourn till to-morrow morning at 9:30 o'clock.
Mr. Oliver called for the yeas and nays on the question of adjournment.

The call was sustained, and upon calling the roll the vote was as follows :

Those voting in the affirmative are Messrs.-

Adams, Anderson of Morgan, Awtry, Bell, Berry, Bleckley, Branch, Brannon, Brantley,

Hill, Hogan, Hollis, Irvine, lvey, Johnson of Johnson, Kendrick, Kimsey, King,

Phillips of Coffee, Poppell, Redwine, Reese, Russell, Scruggs, Sikes, Sims, Smith of Oglethorpe,

TUESDAY, DECEMBER 10, 1878.

413

Brintle, Butt, Cannon, Chapman, Cox of Harris, Cunningham, Davison, Dickin, Fletcher, Glover, Greene of Baldwin, Greene of Madison, Hanks, Harrell,

Lamb, Luffman, McAfee, McConnell, McCurry, McWhorter, Miller of Houston, Milner, Mitchell, Mynatt, Park, Patterson, Phillip8 of Carroll,

Strickland, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Weehunt, Welch, Wheeler, Wilcox, Wilmot, Zellner.

Those voting in the negative are Messrs.-

Alston, Anderson of NewtoN; Bennett, Bird, Butler, Colley, Collins, Cook, Daniel, Davis of Houston, DeLoach, DuBose, Duggar, - Duvall, Fitzgerald, Ford, Fort,

Garrard, Grant, Gray, Harp, Harris, Harrison, Henderson, Hudson, Hutchins, Kirby, Livingston, Mathews, Maund, McGouirck, Nisbet, Oliver, Perkins,

Phillips of Cobb, Pike, Polhill, Pope, Prescott, Puckett, Rankin, Roney, Strother, Turner of Brooks, Turner of Coweta, Williams of Columbia, Williams, C. W. Williams, F. J. Willingham, Yancey.

Those not voting are Messrs.-

Anderson of Pulaski, Barksdale, Barron, Born, Buchan, Burch, Carr, Chambers,

Hammond, Howell of Lowndes, Howell of Pickens, Hulsey, Humber, Jamison, Janes, Johnson of Clay,

Phinizy, Riden, Roach, Roberts, Rogers, Shannon, Sharman, Sheffield of Early,

414

JOURNAL 0.1!' THE HOUSE.

Clegg, Cox of Troup, Crawford, Davis of Baker, Dozier, Dupree, Elder, Farnell, Fuller, Gammage, Hall,

Jordan of Crawford, Jordan of Wilkes, Lang, McDonald, liicLucas, McRae, Miller of Liberty, Northern, Paine, Paull, Peacock,

Sheffield of Miller, Sibley, Smith of Buttt:o, Smith of Walton, Vick, Wall, Walters, Walton, Westbrook, Wilson, Wright.

Yeas 67. Nays 50. Not voting 57.

So the House adjourned till to-morrow morning at 9:30 o'clock.

ATLANTA, GEORGIA,
Wednesday, December 11, 1878.
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. Barksdale, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
Mr. Daniel moved to reconsider so much of the Journal of yesterday as relates to the action of the

WEDNESDAY, DECEMBER 11, 1878.

415

House upon a bill "defining and limiting the jurisdiction of Justices of the Peace."

Mr. Phillips, of Carroll, called for the previous question.

The call was sustained and the main question ordered.

The motion to reconsider prevailed.

Mr. Davis, of Houston, moved to dispense with the regular order for the day, to-wit : the calling of the roll of counties for the introduction of new matter.
The motion prevailed.

Mr. MeWhorter moved to take up and dispose of Senate bills for a third reading.

Mr. Livingston moved to amend by substituting House bills for a third reading.
The amendment was adopted as a substitute.

Mr. Russell, chairman ot the Special Committee appointed to examine the condition of the Executive Archives, submitted the following report:

lJ:fr. Speaker:

The committee appointed to examine into the condition of the Executive Archives and report the same to the House of Representatives, with such recommendations as to them shall appear most expedient and pro-per, have discharged that duty, and beg leave to report:
The books containing the warrants of the Executive Department we find scattered through several rooms, without regard to order, and many of them, especially

416

JOURNAL OF THE HOUSE.

those prepared in our early history, in a deplorable condition. Some have lost their covers, and the leaves, in many cases, have disappeared. Some of the volumes are missing altogether, and should be recovered if possible. While for the :first hundred y~ars, em bracing all of our colonial and an important part of our State existence, they are without indexes, and consequently inaccessible as a source of information without the greatest difficulty and labor.
The numerous volumes of Executive letters are, we :find, closely packed away in a closet, where they are rapidly moulding and going into decay. The other letters of the Department appear to have been well arranged, alphabetically, and done up in packages, in regular order as to their date. All the remaining original papers of the Department, embracing some twenty-five hundred large packages, are in much confusion, having never been correctly arranged since they were opened and scattered by the invading army during the late war.
The Military Department of the Archives office is also in great disorder, so that it is next to impossible to answer inquiries concerning the service of our soldiers in the various wars in which the State has been engaged. In fine, there is the necessary work of years in the proper arrangement and custody of this vast amount of books and papers, which contain the entire political history of the State, and we recommend that it be committed at once to competent and faithful hands. As these documents have passed out of the Executive Department there is no officer charged with the duty of their care and preservation~ as exists, your committee are informed, in most of the States of the Union, and hence the head of that department is not responsible for their present condition.
As the bill now pending in the House of Represen-

WEDNESDAY, DECEMBER 11, 1878.

417

tatives would seem to meet all the deficiencies referred to, your committee recommend its passage as a measure demanded by the public interest, one of true economy, and essential to the preservation of our history.
All of which is respectfully submitted. PHILIP M. RussELL, Chairman; D. CRAN OLIVER, R. H. BARRON, Committee.

I dissent from the above recommendation that favors the passage of the bill therein mentioned.
A. G. McCuRRY.

Mr. Livingston, chairman of the Committee on .Ag~ riculture, submitted the following report :
Mr. Speaker:
The Committee on Agriculture having had under consideration the following Senate bill, which they recommend do not pass, to-wit:
A bill to be entitled an act to alter and amend section 4 of an act to render more efficient and economical the inspection and analysis of fertilizers, and to amend the laws in relation to the inspection, analysis and sale of the same, approved 26th February, 1877.
L. F. LIVINGSTON, Chairman.

We, a minority of said committee, with the view taken in the report, beg leave to recommend that the bill do pass, for the following reasons :
1. Because the amendments, as proposed by the bill, reduce the fee for inspection from 50 to 25 cents per ton, thus saving the farmers of this State over $20,000 per annum, inasmuch as the fee is but a tax that is paid by the consumer.
27

418

JouRNAL OF THE HousE.

2. The present fee of 50 cents per ton is too high,

because it not only pays the costs of inspecting all the

fertilizers, but pays the total expenses of the Aricul-

tural Bureau, and puts a large surplus in the treasury

of the l::ltate.

3. A fee of 25 cents per ton, as contemplated in the

Senate bill, is more than sufficient to pay the total ex-

penses of the Agricultural Bureau, including the de-

partment of inspection.

4. The present fee of 50 cents per ton is an unusual

and unjust tax on one class of citizens, the amount

collected being largely in excess of the tax put on

other branches of industry.

Respectfully submitted.

[Signed]

J. PINCKNEY THOMAS,

L. F. LIVINGSTON,

R. W. ANDERSON,

B. F. JORDAN,

A. E. TURNER,

J. C. MAUND,

J. p. WILLIAMS,

R. H. BARRON,

F. LANG,

DAVID GAM1\fAGE,

B. F. CARR,

W. J. NORTHERN,
B. c. YANCEY.

Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the following report :

Mr. Speaker:

The Committee on the Judiciary have had under consideration the fol.lowing Senate bills, which they recommend do pass, to-wit :
A bill to be entitled an act to provide for the filling

WEDNESDAY, DECEMBER 11, 1878.

419

of vacancies that may occur in the office of Governor. Also, a bill to be entitled an act to allow certain liens
of landlords to be foreclosed before due in certain cases.
Also, a bill to be entitled an act to regulate the striking of juries in civil cases, and in cases of misde meanor, in the Superior Courts of this State.

The committee have also had under consideration the following Senate bills, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to enforce paragraph 1, section 9, article 7, of the Constitution.
Also, a bill to allow persons against whom warrants are issued out as intruders, or as tenants holding over, three days within which to file counter affidavits to such warrants.
The committee have also had under consideration the following Senate bills, which they recommend do not pass, to-wit:
A bill to be entitled an act to regulate the advertisements of sales by sheriffs and administrators.
Also, a bill to be entitled an act to repeal an act, approved February 28, 1874, entitled '' an act to require judgment creditors in certain cases to have their judgments 1ecorded in the county of the defendant's residence," and in lieu thereof to require a proper docketing of theft. fas. in such cases.
Also, a bill to be entitled an act to amend section 397'J of the Code of 1~73.
Also, a bill to be entitled an act to amend section 1779 of the Code.
Also, a bill to be entitled an act to amend section 274 of the Code, in relation to appointment of receivers.
Also, a bill to be entitled an act to amend section 1832 of the Code.

420

JOURNAL OF THE HousE.

Also, a bill to be entitled an act to amend section 244 of the Code of 1873.

The committee have also had under consideration the following Senate bill, which they report back without recommendation, to-wit:
A bill to be entitled an act to authorize appeals in the Justices Courts of this State ; to provide for the same, and for other purposes.
Respectfully submitted. H. G. TuRNER, Chairman.

Mr. Paine, 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 resolution, to-wit:
A resolution-

Appointing a committee to investigate the wild land sales of this State.
W. W. PAINE, Chairman.

On motion of Mr. Johnson, of Johnson, the privileges of the floor were tendered to Colonel A. F. Daly during his stay in the city.

On motion of Mr. Zellner, the following bill was taken from the table and read the third time, to-wit:
A bill to confer additional powers upon TaxCollectors, and to make them ex-officio Sheiiffs in certain cases.

WEDNESDAY, DECEMBER 11, 1878.

421

The bill was, on motion, recommitted to the Committee on Finance.

The following bill was then take!! up and read the third time, to-wit:
A bill to authorize the police courts in cities, towns and villages to impose sentences in the altern~tive.

The report of the committee was agreed to, and the bill passed by the necessary constitutional majority, yeas 97, nays none.

The following bill was taken up and read the third time, to-wit:
A bill to alter and amend the act regulating the leasing out of penitentiary convicts by the Governor, and authorizing him to make contracts relative thereto, and for other purposes.

Mr. Smith, of Oglethorpe, moved to lay the bill on the table.
The motion prevailed.

The following bill was taken up and read the third time, to-wit :
A bill to correct the illegalities and inequalities of the wild land sales made by the Sheriffs of this State during the year 1878, and for other purposes.

The substitute proposed by the Committee on Wild Lands was read.

Mr. Duvall proposed to amend by adding certain additional sections.
Amendments adopted.

The substitute, as amended, was adopted ; the report of the committee, as amended, was agreed to,

422

J OURN.A.L OF THE HoUSE.

and the bill was passed by the requisite constitutional majority, yeas 113, nays none.

The following bill was then taken up and read the third time, to-wit:
A bill to carry into effect sentence in certain criminal cases, and for other purposes.

The report of the committee was agreed to, and the bill was passed by the requisite constitutional majority, yeas 99, nays none.

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, to-wit:
An act to authorize the municipal authorities oftowns and cities to compromise their bonded debt; to provide for the issue and exchange of new bonds for outstanding bonds and coupons; to provide for the establishment and management of a sinking fund for the redemption of such new bonds and coupons, and for other purposes.
W. W. P .A.INE, Chairman.

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

Mr. Speaker:
The Senate has adopted the following resolution, towit:
A resolution-

WEDNESDAY, DECEMBER 11, 1878.

423

.Authorizing the destruction of certain useless papers in the Secretary of State's office.

The Senate has also passed the following bills, towit:
.A bill to prescribe the manner of foreclosing certain chattel mortgages, and to confer jurisdiction on Justices of the Peace, and for other purposes.
.Also, a bill to regulate the giving in of wild lands for taxation, and the sale and redemption thereof.

The following House bill has been lost in the ~en ate:
.A bill to provide for the appointment of some proper person to preside in cases where the -presiding Judge is disqualified.

The Senate has also adopted a resolution appointing two from the Senate and three from the House to investigate the condition of the North Georgia .Agricultural College, and to report at the July term of the General Assembly, and has appointed on the part of the Senate Senators Boyd and Bryan.

The following bills were, on motion, laid on the table, to-wit:
A bill to extend the time for redeeming will lands sold under taxfi. fas.
.Also, a bill to regulate the manner of giving in land for taxation, and the sale and redemption thereof, and to extend the time for redeeming such land, and to reduce the per cent. to be paid on such redemption.
Also, a bill to amend an act entitled an act to render more efliicient and economical the inspection and analysis of fertilizers, and to amPnd the laws relative to the inspection and analysis and sale of the same.

JOURNAL OF THE HOUSE.
The following bill was then taken up and read the third time, to-wit:
A bill to amend an act entitled an act to create the office of State Geologist, and to provide for a Geological, Mineralogical and Physinal Survey of the State of Georgia, and for other purposes.

The House went into Committee of the Whole House for the consideration of the bill.

Mr. MeWhorter, chairman of the Committee of the Whole House, made the following report :
Mr. Speaker :

The Committee of the Whole House have had under consideration a bill '' to amend the act creating the Geological Bureau,'' which they have instructed me to report back with a recommendation that the bill do lay upon the table.
Mr. McWhorter moved that the report of the Committee of the Whole House be adopted.

The Speaker ruled the motion out of order.

Mr. Miller, of Houston, moved that the bill be laid on the table.

Mr. Livingston called for the yeas and nays on the motion_to table_ the bill.

The call was sustained, and on calling the roll the vote was as follows:

Those voting in the affirmative are Messrs.-

.Anderson of Newton, Barksdale, Bell,

Harris, Hill, Hogan,

Phinizy, Pike, Pope,

WEDNESDAY, DECEMBER 11, 1878.

421

Bennett, Bird, Born, Branch, Brannon, Brantley, Brintle, Buchan, Burch, Butler, Butt, Cannon, Chambers, Cook, Cox of Harris, Cunningham, Davison, DeLoach, Dickin, Dupree, Elder, Fitzgerald, Fletcher, Ford, Fuller, Garrard, Grant, Greene of Madison, Hanks, Harp,

Howell of Lowndes, Howell of Pickens, Humber, Hutchins, Jamison, Johnson of Johnson, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lamb, Luffman, Maund, McAfee, McConnell, McCurry, McGouirck, McRae, McWhorter, Miller of Houston,
~'litchell,
Oliver, Park, Patterson, Paull, Perkins, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee,

Prescott, Puckett, Redwine, Reese, Riden, Roberts, Rogers, Shannon, Sikes, Sims, Smith of Butte, Smith of Oglethorpe, Smith of Walton, Strickland, Taliaferro, Tate, Tatum, Toole, Turner of Brook~, Wall, Weehunt, welch, Wheeler, Wilcox, Williams, C. W. Williams, F. J. Willingham, Wilmot, Zellner.

Those voting in the negative are Messrs.-

Adams, Alston, Anderson of Morgan, Anderson of Pulaski, Awtry, Barron, Berry, Bleckley, Carr, Chapman, Colley, Collins,

Gray, Glover, Greene of Baldwin, Hall, Harrell, Harrison, Henderson, Hollis, Hudson, Hulsey, Irvine, Ivey,

Mynatt, Nisbet, Northern, Paine, Polhill, Rankin, Roach, Roney, Russell, Sharman, Sheffield of Early, Sibley,

426

JOURNAL OF THE HOUSE.

Cox of Troup, Daniel, Dozier, DuBose, Duggar, Duvall, Farnell, Fort, Gammage,

Janes, Johnson of Clay, Jordan of Wilkes, Lang, Livingston, Mathews, McLucas, Milntr,

Strother, Tarver, Thomas, Turner of Coweta, Walton, Williams of Columbia, Wright, Yancey.

Those not voting are Messrs.-

Clegg, Crawford, Davis of Baker, Davis of Houston, Hammond,

McDonald, Miller of Liberty, Peacock, Poppell, Scruggs,

Sheffield of Miller, Vick, Walters, Westbrook, Wilson.

Yeas9S. Nays61. Not voting 15.

So the motion to lay on the table prevailed.

Mr. Awtry moved to suspend the rules for the purpoi:!e of taking up a Senate resolution relative to legislation by the Congress of the United States for the distribution of the fund arising from the sale of public lands for educational purposes.

The rules were suspended and the 1esolution read and concurred in.

Mr. Miller offered a resolution tendering the priVIleges of the floor to the Hon. George N. Lester during his stay in the city.

Mr. Paine, chairman of the Committee on Enrollment, submitted the following report :

Mr-. Speaker :

The Committee on Enrollment report as duly en-

WEDNESDAY, DECEMBER 11, 1878.

427

rolled, signed by the Speaker of the House of Representatives and President of the Senate, and delivered to his Excellency the Governor, the following act, to-
wit:
An act to authorize the municipal authorities of towns and cities to compromise their bonded debt ; to provide for the issue and exchange of new bonds for outstanding bonds and coupons ; to provide for the establishment and management of a sinking fund for the redemption of such new bonds and coupons, and for other purposes.
W. W. PAINE, Chairman.

On motion of Mr. Livingston, the rules were suspended and the following resolution read and agreed to, and ordered to be at once transmitted to the Senate, to-wit:
A resolution-
Authorizing the Principal Keeper of the Penitentiary to sell certain property within the walls of the penitentiary at Milledgeville.
Mr. Turner, of Brooks, offered the following resolutions, which were read and agreed to, to-wit:
Resolved, That the committees of the House having in charge bills, resolutions and other matter w\J.ich may not be reported to the House by said committees before the recess, be instructed to return said bills, resolutions and other matters to the Clerk of the House for safe keeping on or before the 13th instant.
Resolved 2, That on the reassembling of the House, after the recess, the Clerk shall restore the said bills and other matters to the committees which now have them in charge.

428

JOURNAL OF THE HoUSE.

Mr. Reese, chairman of the Committee on Public Library, submitted the following report :

Mr. Speaker:

The Committee on Public Library have had under consideration the following Senate bill, which they recommend do pass, to-wit:
A bill to be entitled an act to provide for the people to be better supplied with the laws of this State.
JOHN H. REESE, Chairman.

On motion of Mr. Butler, the rules were suspended and the following resolution introduced, read the first time and referred to the Committee on the Judiciary, to-wit:

A resolution-
Instructing the Judiciary Committee to put such language in the jury bill as will not disturb the present peaceful relations between the races.

The following House bill was read thJ third time, and, on motion, was laid on the table, to-wit:
A bill to carry into effect paragraph 2, section 7, article 6, of the Constitution, and to fix and prescribe the jurisdiction of Justices of the Peace, etc.

The House went into Committee of the Whole House for tlte purpose of conside1ing a resolution authorizing C. H. Williams to publish the public acts of this session of the General Assembly.

Mr. Turner, of Coweta, chairman of the Committee of the Whole House, submitted the following report :

Mr. Speaker: The Committee of the Whole House have had under

WEDNESDAY, DECEMBER 11, 1878.

429

consideration a resolution authorizing C. H. Williams to publish the public acts of this session of the General Assembly, and they have instructed me to report the resolution back with the recommendation that it do -pass as amended.

On the pa::;sage of the resolution, as amended, the yeas and nays were required, and on calling the roll the vote was as follows :

Those voting in the affirmative are Messrs.-

Adams,

Hanks,

Alston,

Harrell,

Anderson of Morgan, Harris,

Anderson of Pulaski, Henderson,

Awtry,

Hill,

Barksdale,

Hogan,

Barron,

Hollis,

Bell,

Howell of Lowndes,

Berry,

Howell of Pickens,

Bird,

Hulsey,

Bleckley,

Hutchins,

Born,

Ivey,

Branch,

Jamison,

Brannon,

Janes,

Brantley,

Johnson of Clay,

Brintle,

Johnson of Johnson,

Buchan,

Jordan of Wilkes,

Butler,

Kendrick,

Butt,

Kimsey,

Cannon,

King,

Carr,

Kirby,

Chapman,

Lamb,

Colley,

Lang,

Cook,

Livingston,

Cox of Harris,

Luffman,

Cunningham,

Mathews,

Daniel,

Maund,

Davison,

McAfee,

DeLoach,

McConnell,

Dickin,

McCurry,

DuBose,

McGouirck,

Perkins, Phillips of Coffee, Phinizy, Pike, Pope, Poppell, Prescott, Puckett, Rankin, Redwine, Reese, Riden, Roach, Rogers, Shannon, Sharman, Sheffield of Early, Sikes, Sims, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Strickland, Strother, Tarver, Tate, Tatum, Thomas, Toole, Turner of Coweta, Wall,

430

JOURNAL OF THE HOUSE.

Duvall, Elder, Fitzgerald, Fletcher, Ford, Gammage, Garrard, Grant, Glover, Greene of Baldwin, Greene of Madison,

McLucas, McWhorter, }\filler of Houston, 1\filner, Mitchell, Mynatt, Nisbet, Oliver, Park, Patterson, Paull,

Walton, Weehnnt, Wilcox, Williams of Columbia, Williams, C. W. Williams, F. J. Willingham, Wilmot, Wilson, Yancey, Zellner.

Those voting in the negative are Messrs.-

Bennett, Duggar, Harp, Irvine,

Jordan of Crawford, Phillip~ of Carroll, Phillips of Cobb,

Those not voting are Messrs.-

Anderson of Newton, Burch, Chambers, Clegg, Collins, Cox of Troup, Crawford, Davis of Baker, Davis of Houston, Dozier, Dupree, Farnell, Fort,

Fuller, Gray, Hall, Hammond, Harrison, Hudson, Humber, McDonald, McRae, Miller of Liberty, Northern, Paine, Peacock,

Yeas 126. Nays 10. Not voting 38.

Roberts, Welch, Wheeler.
Polhill, Roney, Russell, Scruggs, Sheffield of Miller, Sibley, Taliaferro, Turner of Brooks, Vick, Walters, Westbrook, Wright.

So the resolution was agreed to.

The following resolution was read the second tim1 to-wit:

WEDNESDAY, DECEMBER 11, 1878.

431

.A. resolution-
Authorizing the Governor to draw his warrant on the Treasury to pay H. J. G. Williams for certain transcribing of books in the land office.

The resolution was rE>committed to the Committee on Finance.

The following resolution was, by permission, withdrawn, to-wit :
.A. resolution-

To reduce the price of Supreme Court reports.

'rhe following resolution was read the second time, towit:
.A. resolution-

To pay John E. Rapp for capture of escaped convicts.

The following resolution was read and agreed to, towit:

.A. resolution-

Instructing the Finance Committee to inquire what coupons of valid Macon and Brunswick Railroad bonds are outstanding and unpaid.

The following resolution was, by permission, withdrawn, to-wit:

.A. resolution-

With reference to a revision of the Code of Georgia.

The following resolution was read and adopted, towit:

432

JOURNAL OF THE HoUSE.

A resolution-

Requesting the Governor of Georgia to correspond with the proper authorities of the State of Alabama, relative to an amount of money due this State by the State of Alabama for keeping of the paupers from Alabama in the State Lunatic Asylum at Milledgeville.

The following resolution was then read, to-wit:

A resolution-

To make certain changes in the penitentiary camps in this State.

On motion of Mr. Livingston, the morning session was extended thirty minutes.

Mr. Butt offered a resolution, which was ruled out of order at this time.

Mr. Davison moved that the resolution be temporarily tabled.
The motion prevailed.

Mr. Davison then moved to take from the table the bill relative to the penitentiary.

By unanimous consent, Mr. Livingston was allowed to insert certain formal words in the resolution relative to the sale of certain personal property in the old penitentiary at Milledgeville.

The House adjourned till 3:30 o'clock P. M.

WEDNESDAY, DECEMBER 11, 1878.

433

3:30 0' CLOCK P. :M.
The House reassembled and was called to order by the Speaker.
On motion of Mr. Me'Vhorter, all the bills and resolutions passed this morning were ordered to be at once transmitted to the Senate.
Mr. Davison withdrew his motion to take from the table a bill relative to the penitentiary.
Mr. Turner, of Brooks, then moved to take from the table the resolution reported by the Committee on the Penitentiary, through Mr. Alston, chairman thereof, to-wit:
A resolution-
To make certain changes in the penitentiary camps of this State.
The motion prevailed and the resolution was taken up.
Mr. Turner, of Brooks, offered the following substitute, to-wit:
A resolution-
That his Excellency the Governor be reqnested to inquire whether any penalties or forfeitures have been incurred by any lessees of penitentiary convicts, and to take any steps or proceeding necessary and proper to enforce such penalties or forfeitures, and to proceed in any legal way to insure humane treatment of said convicts, and to cancP.l the contracts with any of said lessees who have failed to comply with their contracts
28

434

JOURNAL OF THE HOUSE.

in regard to the humane treatment, security and management of said convicts.

Mr. Alston offered to amend by adding at the end of the substitute, "and especially the contract with
W. D. Grant, one of said lessees, having a camp at Old Town, in Jefferson county, and also a camp near Augusta, in Columbia county."

The amendment of Mr. Alston was not adopted.

Mr. MeWhorter called for the previous question on the substitute of Mr. Turner, of Brooks.

The called was sustained and the main question ordered, and the substitute was adopted.

The two other resolutions offered by the Committee on the Penitentiary were, by permission, withdrawn.

Mr. Humber then offered the following resolution as an additional resolution to the substitute:

A resolution-

Requesting and instructing the Governor to at once appoint a physician to the penitentiary to enter upon the discharge of his duties January 1, 1879.

Mr. Mc"\Vhorter called for the previous question on the amendment by 1\fr. Humber.

The call was sustained, the main question ordered and the amendment was not adopted.

Mr. Chambers offered the following resolution, which was read and agreed to, as an additional section to the substitute, to-wit :

A resolution-

WEDNESDAY, DECEMBER 11, 1878.

435

Requesting the Governor to report his action in the premises ttJ the adjourned session in July next.

Mr. Awtry offered the following resolution, which was read and agreed to, to-wit:

A resolution-

Requesting the Penitentiary Committee to prepare a bill for the government of the penitentiary.

Mr. Me'Vhorter moved to suspend the regular order and take up Senate bills and resolutions on the Clerk's desk for a fhst reading.
'l'he motion prevailed.

The following Senate bills were taken up, read the first time and referred to the Committee on the Judiciary:
A bill to provide for 1eaching the property of the debtor, concealed from the creditor, as required by paragraph 6, section 2, article 1, of the Constitution of Georgia.
Also, a bill to prescribe the manner of foreclosing certain chattel mortgages, and to confer jurisdiction on Justices of the Peace.

The following Senate bill was taken up, read the first time and referred to the Committee on Wild Lands, to-wit:
A bill to regulate the manner of giving in wild land for taxation, and the sale thereof, and for other pur poses.

Mr. Me \-Yhorter moved to take up and read the second time Senate bills repo1-ted on favoarbly by the committees.
The motion prevailed.

436

JOURNAL OF THE HOUSE.

On motion of Mr. Turner, of Brooks, the Judiciary Committee was permitted to retire to the Speaker's room.

The following Senate bills were read the second time, to-wit:
A bill to authorize appeals in the Justices Courts of this State ; to provide for the same, and for other purposes.
Also, a bill to regulate the striking of juries in civil cases, and in cases of misdemeanor, in the Superior Courts of this State.
Also, a bill to allow persons against whom warrants are sued out as intruders, or as tenants holding over, three days within which to file counter affidavits to such warrants.
Also, a bill to enforce paragraph 1, section 9, article 7, of the Constitution.
Also, a bill to provide for setting apart homesteads and exemptions of property; for the sale thereof, and the reinvestment of the proceeds.
Also, a bill to provide for the people to be better supplied with the laws of this State.
Also, a bill to allow certain liens of landlords to be foreclosed before due in certain cases.
Also, a bill to carry into effect paragraph 18, section 7, article 3, of the Constitution, by prescribing the manner in which corporate powers may be granted.

r On motion, the House then adjourned till to-morrow
morning at 9:30 o'clock.

THURSDAY, DECEMBER 12, 1878.

437

ATLANTA, GEORGIA,
Thursday, December 12, 1878.
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. Barksdale, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
The special order for the day, the bill to repeal the act establishing a Department of Agriculture for this State, was taken up, and, on motion of Mr. Sikes, was made the special order for the first Friday after the reassem bling of this General Assembly in July next.
On motion of Mr. Paine, the rules were suspended and the following Senate resolution taken up, read, and on motion of Mr. Miller, of Houston, made the special order for the first Friday of the adjourned session :
A resolution-
Relative to the reduction of postage on certain publications.
Leave of absence was granted to Mr. Anderson, of Pulaski, on account of sickness, and to Mr. Sheffield, of Miller, on account of sickness in his family.
The following message was received from the Senate through Mr. Harris, the Secretary thereof:

438

JouRNAL oF THE HousE.

Mr. Speaker :

The Senate has adopted the following resolution, aud asks the concurrence of the House therein :

A. resolution-

To memoralize Congress on the subject of the Great Southern Railway.

Mr. Me\Vhorter, chairman of Committee on Wild Lands, submitted the following report :

1Wr. Speaker:

The Committee on Wild Lands have had under consideration Senate bill No. 23, which is-
A bill to be entitled an act to regulate the manner'of giving in wild lands for taxation and the sale thereof, and for other purposes, which the:r recommend do pass.

The following Senate bill was taken up and read the third time:

A bill to parry into effect paragraph 2, section 18, article 6 of Constitution of 1877, so as to provide for the selection of intelligent and upright jurors.

Mr. Zellner proposed to amend by striking out "three" and inserting "five." and to further amend by striking out that portion of the bill which makes the Ordinary and the Clerk of the Superior Court ex-officio Commissioners.

Mr. McCurry, of Hart, called for the previous question on the whole matter.

The call was not sustained.

l\fr. MeWhorter proposed to amend by adding "and

THURSDAY, DECEMBER 12, 1878.

439

the Justices of the Peace of the several districts " after Ordinary and Clerks of the Superior Court.
The amendments were, by permission, all withdrawn.

The report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 119, nays none.

The following Senate bill was then taken up and read the third time, to-wit :
A bill to authorize appeals in the Justice Courts of this State ; to provide for the same, and for other purposes.

On motion of Mr. Turner, of Brooks, the bill was laid on the table.

The following Senate bill was then taken up and read the third time, to-wit:
A bill to regulate the striking of juries in civil cases and in cases of misdemeanor in the Superior Courts of this State.
The report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 99, nays none.

Mr. Mc,Vhorter offered the following resolution, which was read and agreed to, to-wit :

A resolution-

That all bills and resolutions finally acted upon by

this House during the balance of this session be con-

sidered as ordered transmitted forthwith to the Senate,

unless notice of a reconsideration be given at the time

of said action.

The following Senate bill was then taken up and read

the third time, to-wit :

1

440

JOURNAL OF THE HOUSE.

A bill to allow persons whom warrants are sued out as intruders or tenants holding over three days within which to file counter affidavits.
The committee recommends that the bill do pass as amended.

The report was agreed to, and the bill passed by the requisite constitutional majority, yeas 92, nays none.

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

Mr. Speaker :

His Excellency the Governor has approved the following act, to-wit:

An act to authorize the municipal authorities of towns and cities to compromise their bonded debt; to provide for the issue and exchange of new bonds and coupons; to provide for the establishment and manaw-lment of a sinking fund for the redemption of such new bonds and coupons, and for other purposes.
Also, a resolution appointing a committee to investigate the wild land sales of this State.

The following Senate bill was taken up and read the third time, to- wit :
A bill to provide for the setting apart and exemption of homesteads, and to provide for the sale thereof, and the reinvestment of the proceeds, and for other purposes.

Mr. Zellner called for the previous question.
The call was sustained and the main question ordered.

The report of the committee was agreed to, and the

THURSDAY, DECEMBER 12, 1878.

441

bill passed by the requisite constitutional majority, yeas 108, nays 12.

Mr. Luffman gave notice that at the proper time he would move to reconsider.

Mr. Cook, of Pike, moved that the bill be at once transmitted to the Senate.
The motion prevailed.

The following Senate bill was then read the third time, to-wit :
A bill to enforce paragraph 1, section 9, article 7, of the Constitution.

The amendment proposed by the committee was adopted; the report of the committee was agreed to, and the bill passed by the necessary constitutional majority, yeas 107, nays none.

The following Senate bill was then taken up and read the third time, to-wit:
A bill to fix the fiscal year for thA State, and to provide for the time when the message of the Governor and the report of the Comptroller-General shall be submitted.
The bill was tabled for the present.

Mr. Paine, chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:

The Committee on Enrollment report as duly signed by the President of the Senate and ready for the signature of the Speaker of the House of Representatives, the following resolution of the Senate, to-w:it.

JOURNAL OF THE HOUSE.
A resolution--
Approving legislation by the National Congress fur distributing the proceeds of public lands to public schools in the several Statt-s.
\V. W. PAINE, Chairman.
:Mr. MeWh01ter, chairman of the Committee on
\Vild Lands, submitted the following report :
Mr. Speaker:
The task assigned your committee has been no small one. The Jimited time they have bad has not been sufficient to perform satisfactorily to themselves the investigation contemplated in the resolution of the House offered by the gentleman from Clinch. We find the Comptroller-General has issued taxji. fas., to the amount of several thousand against wild lands in the
different counties of this State. Tlwse fl. fas. have,
in some instances, been sent directly to the Sheriffs of the counties where the land lies, to be sold ; but the majority of them have been transferred to parties who have no interet:~t in thPm, except to make money out of them. Under the resolution before mentioned, your
committee was required to ascertain if these fl. f"as.
are issnt-d legally. This is a question the courts should dt-cide. Yet the Comptroller-General certainly could not be complained of for acting as he did with theft. fas., wlH~n we take into consideration the fact that he was acting undHr the advice of the State's legal adviser. We doubt it" it was the intention of the framers of the act of 1874, that they should be transferred ; but when taken in connection with the Code, it was not an unr~>asonable construction of that law (in our opinion).
Your committee, not being satisfied with the infor-

THURSDAY, DECEMBER 12, 1878.

443

mation to be obtained in the Comptroller-General's and the wild land office, have had before them several of thP transferees of these fl. fas., besides other witnesses. The information gathered from these witnesses entirely exhonerates the Comptroller-General and wild land clerk from even the suspicion of fraud upon their part.
They have in the execution of this law, had to contend with difficulties which were insurmountable, and with which none of their predecessors have had to contend, and the fidelity with which they have watched the State's interest deserves commendation at our hands.
The great difficulties which have arisen in the execution of this law may all be traced to the transfer of thesefl.fas. Officers, whose duties it was to execute them, have either ignorantly or intentionally allowed the transferees to pervert the law, and by this means to rob the State of thousands of money, and her citizens of hundreds of thousands of acres of land. '\Ve did not, for want of time, ascertain the exact number of fl. fas. issued, the amount of these fl. fas., the amount of r.osts charged by the Comptroller-General for issuing them, nor what he did with such costs, what amounts were realized by such sales, what amount for cost was retained by the transferees or Sheriff~S.
We are fully satisfied, from the meager inYestigations made by the committee, that the extraordinary irregularities practiced by the transferees of these fl. f"as. are appalling. and we believe that the special joint committf'e of the two Houses, if time suffinient be allowed them, can fully protect the State and her citizens from the frauds practiced upon them, and we earnestly recommend that they be authorized to sit in vacation for that purpose.

444

JouRNAL OF THE HousE.

We, therefore, recommend the adoption of the following resolution:

Resolved, That the special joint committee to investigate the frauds and irregularities in the sale of wild lands, be authorized to sit for thirty days in vacatiun, for the purpose indicated in the resolution under which they were appointed, and that they be instructed to report the result of their labors to the adjourned session, in July next.
All of which is respectfully submitted. R. L. Mc,VHORTER, Chairman.

On motion of Mr. Milner, three hundred copies of the report of the Committee on Wild Lands were ordered printed.

The following Senate bill was then taken up and read the third time, to-wit:
A bill to authorize common carriers to sell all unclaimed freight, and to deposit the proceeds of the same in bank to await the claim of the owner.

The report of the committee was agreed to, and the bill, as amended, was passed by the reqnisite constitutional majority, yeas 94, nays 4.

The bill to fix the fiscal year, etc., was, on motion, taken from the table.

The substitute proposed by the Committee on Finance was adopted, and the bill passed, as amended, by the requisite constitutional majority, yeas 109, nays none.

The following Senate bill was taken up and read the third time, to-wit:
A bill to repeal section 1677 of the Code of 1873, and

THURSDAY, DECE:aiBER 12, 1878.

445

to provide for the granting of charters to private corporations, and to define their powers and privileges.

The report of the committee was agrt>ed to, and the bill passed by the requisite constitutional majority, yeas 97, nays none.

The following Senate bill was then taken up and read the third time, to-wit:
A bill to provide for the people to be better supplied with the laws of this State.
The report was agreed to, and the bill passed by the requisite constitutional majority, yeas 89, nays none.

The following Benate bill was then taken up and read the third time, to- wit :
A. bill to allow certain liens of landlords to be foreclosed before due in certain cases.

The report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 103, nays none.

The following Senate bill was then taken up and read the third time, to-wit:
A bill to carry into effect paragraph 18, section 7, article 3 of the Constitution by prescribing the manner in which corporate powers may be granted.

'fhe substitute proposed by the committee was adopted and the bill passed, by substitute, by therequisite constitutional majority, yeas 106, nays none.

The following Senate bill was taken up, read the third time, and recommitted to the Committee on Finance, to-wit :

446

JOURNAL 0]' THE HoUSE.

A bll to carry into effect section 4, article 8 of the Constitution.

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

Mr. Speaker:

The Senate has passed a bill to make appropriations for the Executive, Legislative and Judicial expenses of the GoverP..ment for the years 1879 and 1880, with certain amendments.

Mr. MeWhorter moved that the House take n p the General Appropriation act, which had been returned from the Senate with amendments.

On motion of Mr. Miller, of Houston, it was resolved
that when this House adjourns it adjourns to meet at
3t o'clock P. ::IL

On :motion, the consideration of the appropriation act was postponed till the afternoon session.

The following Senate bills were read the second time, to-wit:
A bill to reduce and regulate the fees of Tax Receivers and Collectors in all the counties of the 8tate ; to repeal all local laws relating thereto, and for other purposes.
Also, a bill to regulate the manner of giving in wild land for taxation and the sale thereof, and for other purposes.

The following Senate bills were read the second time, the reports of the committees, adverse to the passage of the bills, agreed to, and the bills lost, to-wit :
A bill to repeal an act approved February 28, 1874,

THURSDAY, DECE:.\IBlm 12, 1878.

447

entitled an act to require judgment creditors in certain cases to have their judgments recorded in the county of the defendant's residence.
A.lso, a bill to amend section 274 of the Code of 1873, relative to the appointment of Receivers.
A.lso, a bill to amend section 244 of the Code of 1873. A.lso, a bill to amend section 3972 of the Code of 1873. A.lso, a bill to amend section 1779 of the Code. A.lso, a bill to amend section 1832 of the Code. A.lso, a bill to regulate the advertisement of sales by Sheriffs and Administrators.

Mr. 'Vright, acting chairman of the committee on the part of the House to investigate the motives and conduct of the Governor in indorsing the bonds of the Northeastern Railroad, submitted the following report of the majority of the committee, and Mr. Hammond ~::~ubmitted a minority report, as follows :

.:UA.JORI'l'Y REPORT.

To the Senate and House of Representa..tives :

On the 7th day of November, 1~78, his Excellency, the Governor, laid before the General Assembly the following special message, to-wit:
ExECUTIYE DEPARTMENT, ATLANTA, GA., November 6, 1878.

To the Gene1al Assembly:

A. grievous necessity bas been imposed upon me to demand at your hands a thorough investigation of my motives and conduct, as the Executive of Georgia, in placing the State's indorsement upon the bonds of the Northeastern Railroad. This necessity has bE>en created by widely circulated slanders and innuendoes, vile and

448

JouRNAL oF THE HousE.

malignant, and so mendacious and wicked as to make all comment and paraphrase upon them utterly futile. Nothing but a thorough sifting of my every motive and act in regard to these bonds, as far as human insight and judgment can reach these, can satisfy an aggrieved honor, or give such entire assurance to the people of Georgia, as t.hey have a right to demand in the premises. To a man who values his good name far more than life, it would be an act of supremest injustice to deny the most plenary vindication, rendered in the most august and authoritative form known to the laws, or to public opinion.
To the people of this great commonwealth it is of the last consequence that they should know, bey0nd all peradventure, that the man who fills, at their call, the chief seat of authority, is above reproach or suspicion.
My denunciations of an awful and stupendous slander, forged and uttered to dishonor me, will not be enough. The General Assembly of the State-a co-or dinate power-is appealed to for that justice which, while it will, I know full well, exonerate me as a man, will also vindicate the fair fame of Georgia, assailed by cruel slanders on her Chief Executive.
ALFRED H. COLQUI'l'T.
In response to the foregoing, the General Assembly passed the following joint resolution:
Resolved, That in response to the special communication of his Excellency, Governor A.. H. Colquitt, on the subject of the indorsement by him of the bonds of the Northeastern Railroad, a committee of five from the Senate to act jointly with a committee of eight from the House be appointed to investigate the whole matter and report their action to this body, and that the House be notified of the action of the Senate in the premises, and that the said committee be authorized to comp_el the presence of persons and production of papers.

THURSDAY, DECEMBER 12, 1878.

449

And subsequently the following additional joint resolution was adopted, to-wit:
Resolved by the Senate and House of Representa-
tives, That the joint committee to whom was referred the special message of his Excellency, asking an investigation of his indorsement of the bonds of the Northeastern Railroad, be instructed to report not only the conclusions at which it shall have arrived, but also the evidence on which the conclusions are based.

The committee appointed under the first of the foregoing resolutions submit the following report:
Impressed with the gravity and magnitude of the matter submitted to it, the committee have patiently and rigidly investigated every charge and every rumor which might in any way affect the motives and conduct of the Governor in fixing the State's indorsement to the bonds of the Northeastern Railroad Company. Every witness connected in any way with the transaction has been subjected to a most thorough examination. The committee has not been able to find any proof that has, directly or indirectly, implicated Governor Colquitt in this transaction inconsistent with the honest and conscientious discharge of the emties of his, high position.
They also find that he has not been guilty of any il-
legal conduct or corrupt practices in, the matter of said
indorsement.
In the opinion of this committee, the reports and rumors that connect the name of the Governor with any improper conduct in the matter of the indorsement of the bonds of the Northeastern Railroad Company are vile a'nd malignant slanders.
This committee did not investigate the legality of the State's indorsement of the bonds of the Northeastern Railroad Company, except in so far as the same was
29

450

JouRNAL oF THE RousE.

calculated to illustrate the conduct and motives of the Governor, because they did not believe that the investigation of this purely legal question was within the scope of the investigation ordered by the General Assembly.
In investigating the motives and conduct of the Governor, the committee have found it necessary to examine into the conduct of Mr. John W. Murphy, a clerk in the Treasury Department of the State, and it is the opinion of this committee that Mr. Murphy was not guilty of any illegal conduct or corrupt practices in the matter of the indorsement of the bonds of the Northeastern Railroad Company.
While we do not believe that any wrong has been done in this instance, and while thus exonorating his Excellency, Governor Colquitt, and Mr. Murphy, we are of opinion that the independence of the departments of the State government, and the purity of the public service would be seriously threat~:.ned it' it were tolerated, that an official or subordinate of one department should be permitted to practice before or mass influences upon the chief of another department of the State government, with a view to influence his official conduct.
Therefore, to avoid any wrong from such a practice in the future, we suggest the propriety of such legislation on the subject as will prevent any officer of this State, or any person holding office by authority of the State, from accepting a fee, or being employed to represent before the Governor any matter or claim that the Governor is required to pass upon.
In closing their report, this committee submit all the testimony taken by them, and also submit the following resolution:
Resolved, That the report of this Gommittee be adopted as the sense of this Gent>l'al.Assembly.

THURSDAY, DECEMBER 12, 1878.

451

JOSEPH W. PRESTON, Chairman Senate Committee.
H. R. CASEY, JOHN F. TROUTMAN,
SAMUEL HAWKINS,
IsAAC P. TISON,
ALBERT H. Cox, Chairman House Committee.
\V. J. NoRTHERN,
ARTHUR H. GRAY,
ALLEN FoRT,
H. G. WRIGHT,
JOHN I. HALL.

MINORITY REPORT.
To the Senate and House of Representati1Jes :
The undersigned, members of the joint committee of the Senate and House of Representatives, appointed to investigate the conduct and motives of his Excellency, the Governor, in placing the State's indorsement on the bonds of the Northeastern Railroad Company, being unable to concur fully in all the conclusions arrived at by a majority of the committee, beg leave to submit the the following minority report:
From the very general nature of the matters embraced in the inquiries, which the committee were by joint resolution instructed to make, their investigation has necessarily taken a wide range, touching at times on occurrences which, when considered separately and apart from other facts developed by the committee, may not seem to bear any necessary relation to the main purpose of the inquiry, and while recognizing the im possibility of opening at large, within the limits of a formal report, the various facts elicited in the course of

452

J OURN.A.L OF THE HOUSE.

the investigation ; yet we deem it necessary to a proper understanding of the report we have felt called on to make, that it should contain at least a brief outline of some of the more prominent features of the testimony. In the month of October, 1874, the authorities of the Northeastern Railroad Company, for the first time, made formal application to the then Governor, to have the State's indorsement placed on their bonds; this application was not successful ; Governor Smith declining to determine at that time the question as to the right of the company to receive the indorsement on the ground, (among others,) that the application had been prematurely made, and postponing the consideration of the matter until such time as the condition of the work would authorize and require definite action at his hands. The claim of the company to receive the indorsement seems to have beBn brought to the Governor's attention several times afterwards, but in an informal way, and without definite result, until late in the faU of 1876, when he was notified by the officials of the company that the road had been completed, and requested to appoint Commissioners to examine into its condition, and report whether the terms imposed by the act granting aid of the State bad been complied with. The Commissioners were appointed as reqnested, and soon thereafter reported to the Governor that forty miles of the road had been completed and equipped, and that there were no prior liens outstanding against the property of the company; it appeared, however, thatnocontinuous section of twenty miles had been completed in the terms of the State aid act, at the date of the passage of the repealing act of March, 1874. Soon after this report was made, the Attorney-General, Mr. Hammond, at the request of Governor Smith, furnished an official opinion as to the rights of the road to receive the State's indorsement; this opinion was adverse to the right

THURSDAY, DECE~fBER 12, 1878.

453

claimed by the company, and the authoriiies of the road were promptly notified of its tenor. On being further importuned by them, the Governor suggested, in view ofthe alleged "equities" underlying the claim, that the matter be brought before the Legislature ; and in this situation the claim of the railroad company stood when the official term of the present Executive begun. The questions involved were of the gravest moment to the people of the State, as well as to the holders of the bonds ; they had been widely discussed, and diversity of opinion existed respecting them, even among those best qualified for their determination. The claim of the company was brought before the Legislature, as bad been suggested by Governor Smith, and afterwards by Governor Colquitt, but at so late a period of thesession, that an adjournment took place before any action was bad in regard to it, and for some months the matter rested here. It a-ppears that the Scofield Rolling Mill Company, doing business in Atlanta, and having large claims against the Northeastern Railroad Company on account of iron furnished for the use of the road, had had transferred to it, as a security for the payment of these claims, bonds of the railroad company to a large amount, some of which had been used by the authorities of the Rolling Mill Company in negotiating loans from banks in Atlanta, Athens, and perhaps at other places ; and in the spring of 1877, th8 Rolling Mill Company, for its own protection, and that of the banks, determined to urge anew on the Governor the signing of the bonds, and, to this end, legal advice was secured. In the course of the efforts that followed, attention was called by the Governor to the propriety of procuring the institution of proceedings in the courts under the provisions of the repealing statute of March, 1874 ; this suggestion was immediately adopted, and an equity suit commenced in the Superior Court of Clarke

454

JouRNAL Ol!' THE HousE.

county in the name of a Mr. Morris, of Athens, with a view to having the right of the railroad company toreceive the indorsement determined. This suit resulted adversely to the claim indorsement, and the case was carried to the Supreme Court, where the constitutionality of that section of the act of 1874, under which the suit was brought was denied, and the whole matter virtually relegated t'o the Governor, who, although very strongly impressed with the "equities" of the case, and notwithstanding the great concurrence of opinion among those whose advice and opinions were sought by him in favor of the right to indorsement, yet in view of the magnitude of the interests involved, felt that it would be the safer course to postpone action in the premises, and let the whole matter be determined by the Legislature, and so advised the parties interested; nor did he think of departing from this policy, until near the close of 1877, whPn it appearing that suits instituted by the creditors of the railroad company were about to culminate, and its entire property threatened to be sacrificed under the executions that would follow, the Governor believing that nothing less than immediate action on his part would save the company from impending ruin. After a most careful consideration of all the questions involved, and in pursuance of the advice of some of the wisest and most prominent men in the State, on the 17th of January, 1878, passed an Executive order for the signing of the bonds, and on the 23d day of the same month, they were delivered to the authorities of the railroad company.
As to the sufficiency in a legal point of view, of the conclusions on which this action of the Governor was based, we do not deem it either necessary or proper to express an opinion, concurring, as we do, with a majority of the committee, that this is a matter not included in the scope of the investigation they were directed to make,

THURSDAY, DEOEMBER 12, 1878.

455

It appears further, that during the year of 1877 intimations were made to an official of the Rolling Mill Company, that for a sum of money to be paid to an employee in the office of the State Treasurer, the indorsement of the bonds could be procured. No arrangement or contract was then perfected, but early in January of the present year these negotiations were reopened and a written contract was entered into betwP-en the official above referred to and the Citizens' Bank of this city, in which itwas stipulated that $8,000 should be paid to Samuel B. Hoyt, if the Governor of the State should, within ten days, pass an order for the indorsement of the bonds, and the signing of the same should actually begin. On the lOth of January, by a supplemental contract, the time within which the order for the signing of the bonds was to be passed, was extended to twenty days ; the order for the signing of the bonds was passed on the 17th of January, and the money was paid to Mr. Hoyt for Mr. J. W. Murphy, then and now Clerk in the Treasurer's office, on the 23d of January. The services rendered by Mr. Murphy, and for which he received the sum stated, consisted in procuring and presenting to the Governor the opinions, official and professional, of ex-members of the Legislature, and of prominent lawyers, in Atlanta and elsewhere, and in arguments made by himself and by Colonel D. P. Hill, his attorney before the Governor, urging the indorsement of the bonds.
It further appears, that during the progress of his efforts to procure the favorable action of the Governor, Mr. Murphy informed him that he was interested in the indorsement, but it is shown by the testimony that neither the terms of Murphy's employment, nor the fact that a fee was to be paid to him, were known to the Governor, until after the indorsement was made and the bonds delivered. 'Vhatever, then, may have been

456

JouRNAL .oF THE HousE.

the motives that moved the parties to this contract, to enter into it, it is absolutely certain that neither its terms nor anything growing out of it could have in the .least degree influenced the conduct of the Governor in indorsing the bonds ; and we do, therefore, brand as a libel the insinuation that the determination of Governor Colquitt to indorse the bonds was induced by any sinister influence or unworthy motive.
But underlying that mass of calumny and slander, which has lately assailed the fair fame of the Governor, and the real occasion for the existence and currency of the loose libels that have so alarmed and grieved all good men, the testimony in this case discloses an evil too great to be passed over without notice and condemnation at our hands. As the guardians of whatever concerns the safety of the government, and the purity of the public service, it is our first duty to point out abuses that may seem to threaten either, to the end that they may be removed and fresh securities provided against their recurrence, and it is to avoid the imputation of unfaithfulness in this respect, that we invite the attention of the General Assembly to the evils that must flow from the toleration of the practice among officials or employees of any department of the government, of exacting fees, or receiving rewards, in consideration of influencing, or attempting to influence, or pretending to influence the official conduct of other officials of the same, or of different departments of the government. This is certainly a matter of the gravest concern, and one most nearly affecting the integrity and independence of the several departments of government. Nor can it be said that this abuse is not a proper subject for our animadversion, since it is out of its evil operation that the occasion for this inquiry arose. It lies at the bottom of "the whole matter." It has banished members of this body for weeks from

THURSDAY, DECEMBER 12, 1878.

457

their appropriate places of duty, and so, hindered the public service ; it has filled the public mind with anxiety and alarm; it has furnished food for the whole brood of malignant !';landerers ; and, worse than all, it has imperiled the peace, the influence, aye, even the reputation of one whose honorabl~ fame is among the most precious of our public treasurers ; and, if permitted to go unrebuked, we may, under its operations, see each department of the government converted into a "tolling house" for the exaction of unjust and unauthorized fees. There is small reason to fear that the Executive Chamber itself will ever become the scene of corruption or extortion ; but for its perfect protection it is, in our opinion, necessary that the precincts thereof, and the approaches thereto, be likewise preserved from all occasion for suspicion or scandal.

This much we have, under a sense of duty, felt necessary to say in explanation of the conclusions we have reached. If our conclusions be wrong, these errors have proceeded from no lack of pains on our part to know what was right. This pledge of rectitude we gave to this General Assembly when entering on the discharge of the grave and delicate duties intrusted to us as members of the Committee ; and this pledge we have endeavored faithfully to redeem.

And, to guard against the evils adverted to herein, we respectfully recommenl the enactment of such legislation as will prevent the contracting for, or receiving, directly or indirectly, by any official or subordinate of any department of the State Government, any fee or reward for influencing, or attempting to influence, the official conduct of the head of any other department.

Respectfully submitted,

WM. M. HAl\EIIOND,

c. R.

H Ul\IBER.

30

458

JouRNAL o~ 1'HE HousE.

:Nir. vV1lght moved to make the majority and minority reports the special order for to-morrow.

Mr. Davis, of Houston, moved, to amend by saying the second day of the July session.
The motion ana. the amendment were both withdrawn.

The reading of Senate bills was resumed, and the following bills were read the second time, to-wit :
A bill to prescribe the manner of allowing insolvent
lists of Tax Collectors. .Alt~o, a bill to provide for the filling of vacancies that
may occur in the office o~ Governor.
Also, a bill for the et:ablishing of branches of the State University at Cuthbert and 'fhomasville.

Leave of absence was granted to Messrs. Kirby, Ford and Fletcher after to-day, to enable them to make certain connections with the railroads.

The following Senate bill was laid on the table, to
wit:
A bill to amend section 4th of an act to render more efficient the inspection and analysis of fertilizers, approved February 26, 1877.

The morning session was extended thirty minutes.

The House then adjourned tillst o'clock P.M.

3:30 O'CLOCK P. 1\1. The House reassembled and was called to order by the Speaker.
The special order, to-wit, the general appropriation act was takt-n up.

THURSDAY, DECEMBER 12, 1878.

451;}

The Senate amendment which gives the Clerk $70

pe1 day, and provides for the pay of the Clerk of the

Judiciary, and the Clerk of the Enrolling Committee

outside of the pay of the Clerk of the House, was disa-

greed to.



The Senate amendment appropriating one hundred dollars for the incidental expenses of the investigating committee instead of fifty, was concurred in.

The next Senate amendment gave to the Messenger of the House and of the Senate, and the Door-Keeper of the House and of the Senate, the same mileage as members of the General ..Assembly.

Mr. Turner, of. Brooks, proposed to amend this amendment by adding ''but mileage shall not be paid to members of this General .Assembly for more than one journey to and from. the Capital during the term of the present General Assembly."
The amendment was withdrawn.

The previous question was called for by Mr. McCurry.
The call was sustained, and the main question ordered, and Senate amendment disagreed to.

The Senate proposed to amend by giving the Side Door-Keepers and Gallery Door-Keepers "four" dollars instead of '' three.''
Disagreed to.

The Senate amendment to give Porters two dollars was disagreed to.

The Senate amendments increasing the pay of Pages andAtwo Keepers of the Water Closets to two dollars per day was disagreed to.

460

JOURNAI, OF THE HoUSE.

The Senate amendments inserting the words "Keeper of Public Buildings and Grounds," and striking out '' $8,500" and inserting " $10,000," w~re disagreed to.

Mr. Hall, Chairman of the Committee on the State of the Republic, submitted the following report :

Mr. Speaker:

The Committee on the State of the Republic have

had under consideration, House resolution number

thirteen, the same being a resolution asking the Con-

gress of the United States to repeal the act of Congress,

approved January 14, 1875, for the resumption of
specie payments ; and r am directed by the Committee

to report the same back to the House with the recom-

mendation that the inb:0ducer be ailowed to withdraw

the same.

HALL, Chairman.

The House went into Committee of the Whole House to consider a resolution to pay John E. Rapp for capture of certain convicts.

Mr. Awtry, Chairman of the Committee of the Whole House, reported that he was instructed to report the resolution back without recommendation.

The resolution was, on motion of Mr. Mynatt, laid on the table till the July session.

The next resolution in order was a resolution to appoint a committee to sit during the recess to investigate the question of regulating railroad freight and passenger tariffs.
The resolution was read.

Mr_ DuBose moved to lay the resolution on the table.
The motion did not prevail.

THURSDAY, DECEMBER 12, 1878.

461

Pending the consideration of the resolution, Mr. Riden moved to adjourn.

Mr. Fort called for the yeas and nays on the motion to adjourn.
The call was sustained, and on calling the roll, the vote was as follows, viz :

Those voting in the affirmative are Messrs.-

Anderson of Morgan, Green of Baldwin,

Awtry,

Hammond,

Barron,

Harrell,

Bleckley,

Henderson,

Born,

Hogan,

Branch,

Hudson,

Brannon,

Humber,

Brantley,

Ivey,

Brintle,

Johnson of Johnson,

Butler,

King,

Cannon,

Lamb,

Chapman,

LiYingston,

Colley,

Luffman,

Cox of Harris,

Mathews,

Cnnningham,

Maund,

Daniel,

McAfee,

DeLoach,

McConnell,

DuBose,

McCurry,

Duggar,

l\Ic'Vhorter,

Elder,

Mynatt,

Fletcher,

Paine,

Ford,

Patterson

Glover,

Paull,

Peacock, Phillip!> of Carron, Phillips of Coffee, Phinizy, Pike, Pope, Poppell, Reese, Riden, Rogers, Shannon, Sharman, Sheffield of Early, Sims, Smith of Butts, Tatum, Thomas, ''l'clch, Wilcox, William~, C. W., Williams, F. J., Wilmot.

Those voting in the negative are Messrs.-

Adams, Alston, Bell, Bennett, Berry, Burch, Butt,

Howell of Lowndes, Hulsey, Hutchins, Irvine, Janes, Jordan of Crawford, Kendrick,

Roberts, Russell, Sibley, Sikes, Smith of Oglethorpe, Smith of Walton, Strickland,

462

JouRNAL oF THE HousE.

Chambers, Davis of Houston, navison, Dupree, Duvall, Fitzgerald, Fort, Garrard, Grant, Gray, Hanks, Harp, Harris, Hill, Hollis,

Kimsey, McGourick, McRae, Miller of Houston, Milner, Mitchell, Nisbet, Norther.n, Oliver, Park, Phillips of Cobb, Polhill, Rankin, Redwine,

Strother, Taliaferro, Tarver, Tate, Toole, Tnrner of Brooks, Turner of Cqweta, 'Valters, Wheeler, Willingham, Wilson, Wright, Yancey, Zellner.

Those not voting are Messrs.-

Anderson of Newton, Anderson of Pula.~ki, Barksdale, Bird, Buchan, Carr, Clegg, Collins, Cook, Cox of Troup, Crawford, Davis of Baker, Dickin, Dozier,

Farnell, Fuller, Gammage, Green of Madison, Hall, Harrison, Howell of Pickens, Jamison, Johnson of Clay, Jordan of Wilkes, Kirby, Lang, McDonald,
~IcLu0as,

Miller of Liberty, Perkins, Prescott, Puckett, Roach, Roney, Scruggs, Sheffield of l\Iiller, Vick, Wall, 'Valton, "\Veehunt, westbrook, Williams of Columbia.

Yeas, 68. Nays, 64. Not voting, 43.

So the House adjourned till to-morrow at 9:3C o'clock A. M.

FRIDAY, DECEMBER 13, 1878

463

ATLANTA, GEORGIA,
Friday, December 13, 1878. 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. Kimsey, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved
Mr. Strother, offered a resolution restricting the speeches of members from and after this date to five minutes each, unless a two-thirds vote grant five minutes more.
Mr. Miller, of Houston, moved to -postpone the consideration of the resolution till July.
The motion was lost.
Mr. Harris moved to amend by striking out "five" and inserting "ten."
Withdrawn.
Mr. McCurry offered, as a substitute, that during the day the speeches be restricted to ten minutes.
On motion of Mr. Luffman, the whole matter was laid on the table.
Mr. Smith, of Oglethorpe, moved to take from the table a Senah hill, "to reduce thfl fees for the inspection and anal y ;is of fertilizers."
The motion to take from the table prevailed.

464

JouRNAL OF 1'HE HousE.

On motion of Mr. DuBose, the privileges of the floor were tendered to Ron. Miles W. Lewis.

The bill was then taken up and read the second time,

to-wit:



A bill to render more efficient and economical the inspection and analysis of fertilizers in this State.

On motion of Mr. McCurry, the bill was laid on the table.

Mr. Miller, of Houston, offered the following resolution, to-wit:

A resolution-
Relative to the distribution of the reports of the investigating committee.
Read and agreed to.

Leave of absence was granted to Mr. Sheffield, of Early, after 12 o'clock to-day, to make certain connections with boats; and to J\fr. Fuller, on account of sickness; and to Mr. J. 0. Farnell, on account of sickness, and Mr. Dozier, on account of feeble health.

On motion of Mr. Turner, of Coweta, the regular order, the call of the roll of counties, was dispensed with.
The unfinished business of yesterday was then taken up, to-wit: The resolution "authorizing the appointment of a committee to investigate the question of railroad freight and passenger tariffs."

Mr. McWhorter moved to postpone thfl whole matter till the second Tuesday of the July session.

Mr. Strother called for the previous question. The call was not sustained.

FRIDAY, DECEMBER 13, 187R

465

Mr. ;Me"'\iVhorter withdrew his motion to postpone.

The amendment striking out ''the next session of the General Assembly'' and inserting ''the adjourned session in J nly," was adopted.

The amendment restricting the sessions of the committee to thirty days was withdrawn.

The amendment which provides that the members of the committee shall not receive any per diem or mileage was adopted.

Mr. Davis, of Houston, called for the previous questio:;:: on the whole matter.
The call was sustained, and the main question ordered.
The amendment was not adopted.

The following substitute by Mr. Strother to the original resolution and amendments was taken up, and is as follows, to-wit:
Resolved, 'fhat the Speaker of the House and President of the Senate appoint a committee for each line of railroad in this State, to consist of three from the House and two from the Senatt>, and that these several committees shall investigate the railroad question in the light of the Constitution of 1877, and that said committees shall report, respectively, back to both Houses of the Georgia Legislature by the 20th of July next, but they shall not receive any compensation for their labors : Provided further, That said members of said committees to be appointed are not to be directly or indirectly interested in any of said rail wads.
The substitute was not adopted.

On the passage of the original resolution, as amended, Mr. Alston called for the yeas and nays.

466

JOURNAL OF THE HOUSE.

The call was sustained, and, on calling the roll,

vote was as follows :



Those voting in the affirmative are Messrs.-

Adams, Awtry, Bell, Bennett, Berry, Bird, Brannon, Brintle, Buchan, Butt, Cannon, Crawford, Daniel, Davison, Duggar, Dupree, Duvall, Fort, Gammage, Hammond, Hanks, Harrell, Harris,
Hender~on,
Hill,

Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Humber, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Kendrick, Kimsey, King, Lamb, Lang, McConnell, McCurry, McGouirck, McWhorter, Milner, Mynatt, Nisbet, Patterson, Peacock, Phillips of Cobb, Polhill, Pope,

Prescott, Puckett, Rankin, Reese, Roney, Russell, Sibley, Sikes, Smith of Butts, Smith of OglethorF Strickland, Tarver, Tate,' Tatum, Thomas, Toole, Weehunt,; Westbrook, Williams, F. J. Willingham, Wilmot, Wilson, Wright, Yancey. Zellner.

Those voting in the negative are Messrs.-

Alston, Anderson of Morgan, Anderson of Newton, Barron, Bleckley, Born, Carr, Cook, Cox of Harris, Cunningham, Davis of Baker,

Irvine, Ivey, Janes, Jordan of Wilkes, Livingston, Luffman, Mathews, Maund, McAfee, Miller of Houston, Mitchell,

Redwine, Riden, Roach, Roberts, Rogers, Shannon, Sharman, Sheffield of Early, Sims, Smith of Walton, Strother,

J!'RIDAY, DECEMBER 13, 1878.

467

Davis of Houston, DeLoach, Fitzgerald, Grant, Greene of Baldwin, Hall, Harp, Hudson, Hutchins,

Northern, Oliver, Park, Paull, Perkins, Phillips of Canol!, Phinizy, Pike, Poppell,

Taliaferro, Turner of Brooks, Turner of Coweta, Walters, Walton, Welch, Wheeler, Williams of Columbia, Williams, C. W.

Those not voting are Messrs.-

Anderson of Pulaski, Barksdale,
Branch, Brantley, Burch, Butler, Chambers, Chapman, Clegg, Colley, Collins, Cex of Troup, Dickin,

Dozier, DuBose, Elder, Farnell, Fletcher, Ford, Fuller, Garrard, Gray, Glover, Greene of Madison, Harrison, Jamison,

Hulsey, Kirby,
McDonald, McLucas, McRae, Miller of Liberty, Paine, Phiiiips of Coffee, Scruggs, Sheffield of Miller, Vick, wall, Wilcox:,

Yeas 75. Nays 60. Not voting 40.

So the resolution, as amended, was agreed to.

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

Mr. Speaker:

The Senate has concurred in the followin~ House resolutions, to-wit:
4
A resolution-

Authorizing the Governor to inquire whether any

468

JOURNAL OF THE HOUSE.

penalties or forfeitures have been incurred by any lessees of penitentiary convicts, and for other purposes.
Also, a resolution requesting the Governor to correspond with the authorities of the State of Alabama, with a view to the adjustment of a claim therein specified.
Also, a resolution to authorize the Governor to employ some proper person to remove from the State House.the odious sign, "Kimball Opera House.''
Also, a resolution authorizing C. H. Williams to publish the acts of the present session, as amended.

The Senate has passed the bill of the House of Representatives entitled an act to levy and collect a tax for the support of the State government, and for other purposes therein mentioned, for the years 1879 and 1880, with amendments thereto, in which the concurrence of the House of Representatives is respectfully asked.

The Senate has also concurred in the House amendments to the following Senate bills, to-wit:
A bill to allow persons against whom warrants are sued out as intruders or tenants holding over, three days in which to file counter affidavits.
Also, a bill to authorize sale by common carriers of all freight unclaimed, and to deposit in bank proceeds of sale to await the claim of the owners.
Also, a bill to enforcP paragraph 1, section 9, article 7 of the Constitution.

The Senate has also passed the following House bill, as amended, to-wit:
A bill to amend section 4692 of the Revised Code of 1873, relative to the trial of joint defendants.
Also, a bill to prevent any Coroner in this State re'ceiving more than $1,500 fees for holding inquest and burying the dead, out of the County Treasury.

FRIDAY, DECEMBER 13, 1878.

469

Mr. Alston gave notice of a moti_on to reconsider.

Mr. Dupree moved that the resolution be at once tra.nsmitted to the Senate.
Two-thirds not voting in the affirmative, the motion to transmit was lost.

On motion of Mr. Russell, the following House bill was taken up, and the Senate amendment concurred in :
A bill to amend section 4692 of the Code relative to the trial of joint defendants..

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

Mr. Speake,_-:

The Senate has passed, with am~ndments, the follow-

ing Honse bill, to-wit:



A bill to provide for the probate of foreign wills, and for the appointment and qualification of administrators in this State, to carry out the provisions of foreign wills when admitted to probate and record in this State.

The following Senate bill was then taken up and read the third time, to-wit :
A bill to reduce and regulate the fees of Tax Receivers and Collectors in all the counties of the State ; to repeal all local laws relating thereto, and for other purposes.

Mr. Davis, of Hoaston, offered a substitute for the whole bill,

Mr. Wright mov.:d to postpone the bill and the substitute, until the first day of the July session.

Mr. Paine, Chairman of the Committee on Enrollment, submitted the following report:

470

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 resolutions, to-wit:

A resolution-

Requesting his Excelhncy, the Governor, to inquire whether any penalties or forfeitures have been incurred by any lessees of penitentiary convicts.
Also, a resolution, requesting the Governor to correspond with the authorities of the State of Alabama with a view to the adjustment of a claim therein specified.
Also, an act to prP-vent any Coroner in'the State of Georgia receiving as fees either for holding inqnests or for burying the dead bodies, a sum per annum of more than fifteen hundred dollars, out of the County Treasury.
W. W. PAINE, Chairman.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the House bills entitled an act authorizing the issue of bonds of the State for the redemption of certain bonds of the State, falling due in the next three years, and to reduce the rate of interest on the same.
The following House bills have been lost in the Senate, to-wit:
A bill to provide for the appointment of some proper

FRIDAY, DECEMBEH, 13, 1878.

471

person to preside in cases where the presiding Judge is disqualified.
Also, a bill for the protection of commercial fertilizers from exposure to rain, while in the hands of common carriers.

Mr. Born called for the previous question on the motion to postpone.
The call was sustained, and the main question ordered.
The motion to postpone was lost.

Mr. J;"'ort -:noved to indefinitely postpone. A call for the yeas and nays was not sustained. The motion to indefinitely postpone was lost.

Mr. 'Wright moved to table the b~ll, and on this motion called for the yeas and nays.
The call was not sustained.

Mr. MeWhorter called for the previous question.

Mr. Fort moved to adjourn till3:30 o'clockP. 111.

Mr. Adams moved to amend by saying 7:30 o'clock P.M., to-night.
Amendment lost.

Mr. Paine ealled for. the yeas and nays. The call was not sustained.

Mr. Wright moved to amend by putting in 7 o'clock. Lost.

The call for the previous question was then put and sustained, and the main question was ordered.

The substitute was then read, and on its passage the

472

JOURNAL OF THE HOUSE.

yeas and nays were called for, and on calling the the vote was as follows :

'fhose voting in the affirmative are Messrs.

Adams, Alston, Anderson of Morgan, Awtry, Barksdale, Berry, Bleckley, Brantley, Butler, Cannon, Carr, Chambers, Chapman, Daniel, Davis of Baker, Davis of Houston, DuBose, Duvall, Elder, Fort, Glover, Hall, Hammond, Hanke,

Harrell, Harris, Henderson, Hogan, Hollis, Hulsey, Janes, Johnson of Johnson, Jordan of Wilkes, Lamb, Lang, Livingston, Mathews, Maund, McRae, Milner, Mitchell, Nisbet, Oliver, Paine, Patterson, Paull, Peacock, Phinizy,

Polhill, Prescott, Rankin, Rogers, Roney, Russell, Shannon, Sibley, Sikes, Smith of Butt.q, Strickland, Strother, Tarver, Thomas, Toole, Wall, Walters, 'Valton, 'Vestbrook, Willingham Wilmot, Wright, Yancey, Zellner.

Those voting in the negative are Messrs.-

Anderson of Newton, Bennett,_ Bird, Born, Branch, Brintle, Burch, Butt, Cook, Crawford, Cunningham, Davison,

Hutchins, Irvine, Ivey, Jordan of Crawford, Kendrick, Kimsey, King, Luffman, McAfee, McConnell, McCurry, McGouirck,

Puckett, Redwine, Reese, Riden, Roach, Roberts, Scruggs, Sharman, Sims, Smith of Walton, Taliaferro, Tate,

FRIDAY, DECEMBER 13, 1878.

473 .

DeLoach, Duggar, Dupree, Fitzgerald, Garrard, Grant, Harp, Harrison, Howell of Pickens, Hudson, Humber,

McLucas, McWhorter, Ivliller of Houston, Mynatt, Northern, Park, Phillips of Carroll, Phillips of Cobb, Pb illips of Coffee, Pike, Pope,

Tatum, Turner of Brooks, Turner of Coweta Weehunt, Welch, Wheeler, Wilcox, WiHiams of Columbia Williams, C. W. Wilson.

Those not voting are Messrs.-

Anderson of Pulaski, Barron, Brannon, Buchan, Clegg, Colley, Collins, Cox of Harris, Cox of Troup, Dickin, Farnell,

Fletcher, Ford, Fuller, Gammage, Gray, Greene of Baldwin, Greene of Madison, Hill, Howell of Lowndes, Jamison, Johnson of Clay,

Kirby, McDonald, 1\f:iller of Liberty, Perkins, Poppell, Sheffield of Early, Sheffield of Miller, Smith of Oglethorpe, Vick, Williams, F. J.

Yeas 72. Nays 68. Not voting 35.

So the substitute was adopted in lieu of th~ original

bill.

.

The report of the committee as amended by the House was agreed to, and the bill passed, by substitute, by the requisite constitutional majority; yeas 103, nays 23.
Mr. Adams gave notice of a motion to reconsider.

Mr. Davis, of Houston, moved that the bill be at once transmitted to the Senate.
31.

474

JoURNAL OF THE HOUSE.

The following message was received from the Senate7 through Mr. Harris, Secretary thereof:

Mr. 8peaker:

The Senate returns to the House the House bill to appropriate moneys for the years 1879 and 1880, having receded from some of the Senate amendments, and insisting upon others..
The motion to transmit prevailed.

Mr. King offered the following resolution, which, under the rules, was laid over, to-wit:

A rElsolution-

Limiting the time of speeches to five minutes each for this session, not to apply to the adjourned session.

Mr. Hutchins moved, to take up the tax act ror the purpose of acting upon the amendments proposed by the Senate to said act.

The first Senate amendment changes the tax on agents selling patent medicines to ''ten '' instead of "twenty.:five" dollars.
Concurred in.

The Senate next proposes to amend by changing the tax on circuses and by striking ''dramatic,histrionic and operatic" exhibitions from the operations of said tax act.

The next amendment proposed by the Senate is to strike out the three paragraphs relative to taxing Telegraph, .Express and Sleeping C~r Companies, and insert a paragraph requiring these companies to pay a tax of one per cent. per annum upon their gross earnings.

FRIDAY, DECEMBER ~3, 187ft

475

The morning session was, on motion of Mr. Miller, of Houston, extended till2 o'clock P.M.

The Senate amendment was concm:red in.

'l'he amendments changing the numbers of the sections was concurred in.

The Senate amendment, inserting the word "same" before the word " rate" in the third section, was concurredin.
The Senate amendment to the 4th section, striking out the word " banking" was concurred in. .
The Senate amendment to section 9, to-wit: the addition of the words "either by way of specific tax or license fee," was concurred in.
The Senate amendments were all concurred in.

On motion of Mr. Miller, of Houston, the general appropriation act was taken up.

Mr. Miller, of Houston, moved that the Honse insist upon its refusal to concur in the Senate amendments that the Senate has not receded from, and ask for a committee of conference.

Mr. Paine moved that the House r~cede from its disagreement to the Senate amendment giving the Door-
Keepers and Messengers the .same mileage as members.
Motion adopted, and the House receded from its disagreement.

Mr. Harris moved that the House recede from its disagreement to the Senate amendment increasing the pay of the Assistant and Gallery DoorKeepers, to four dollars per day.
The motion prevailed and the House receded.

Mr. Livingston moved that the House 1ecede from its

476

JOURNAL OF THE HOUSE.

disagreement to the Senate amendment increasing the pay of Porters.
The motion was lost, and the House refused to recede.

Mr. Paine moved that the House recede from its disagreement to the Senate amendment increasing the pay of the Pages.
The motion was lost, and the House refused to recede.

The session of the morning was extended fifteen min ; utes longer.

On motion of Mr. Livingston, the House receded frorri its disagreement. to the Senate amendment with reference to the pay of the keepers of the water closets.

Mr. Northern moved that the House recede from its disagreement to the Senate amendments inserting "the keeper of Public Grounds and Buildings," and the increase of the sundry appropriation from $8,500 to $10,-
000.
The House refused to recede.

On motion of Mr. Garrard, it was resolved that when the House adjourns it stands adjourned to 3:30 o'clock
P. 11!.

On motion of Mr. Miller, of Houston, a committee of conference was ordered on the disagreements between the House and Senate.

The Speaker appointed as said committee of conf~r ence, Miller, of Houston, Cook and Awtry.

Leaves of absE>nce was granted to Mr. Prescott and Mr. Cox, of Harris.

The House then adjourned till 3:30 o'clock P.M.

FRIDAY, DECEMBER 13, 1878.

477

3:30 O'cLocK P. 11r.
The House reassembled, and was called to order by the Speaker.
The following message was received from the Senate, through Mr. Harris, Secretary thereof:
Mr. Speaker:
The Senate has passed the Senate bill, as substituted. by the House, to fix the fiscal year of the State, and to provide how and when the message of the Governor and the reports of the Treasurer and Comptroller-General shall be made.
The Senate has refused to concur in the House amendments to the Senate bill to carry into effect paragraph 18, section 7, article 3 of the Constitution, by prescribing the manner in which corporate powers may be granted.
The Senate has also passed the following House bill with amendments, in which they ask the concurrence of the House, to-wit:
A bill to change the time of holding the Superior Court in the counties of Webster, Pike, and other counties.
The Senate has also passed the following- Honse bills, to-wit:
A bill to carry into effect paragraph 2, section 18, article 6 of the Constitution.
Also, a bill to authorize incorporated cities of this State to permit the inclosures of lanes or alleys in such cities where owners of the lots abutting on such laue or

478

JOURNAL OF THE HOUSE.

alley, or part of lane or alley sought to be secluded, consent..

The following bill was taken up, and the Senate amendments concurred in, to-wit:
.A bill to provide for the probate of foreign will in this State, and the appointment and qualifications of administrators in this State to carry out the provisions of said wills.
Mr. Thomas, of Burke, moved to take from the table the Senate bill that -provides for the reduction of fees for thP. inspection and analysis of fertilizers.
The motion prevailed.

On motion of Mr. McCurry, the bill was again laid on the table.

On motion of Mr. Miller, of Houston, the resolution aut~orizing Mr. C. H. Williams to publish the public acts of this session, was taken up, and the Senate amendment thereto concurred in.

On motion of Mr. MeWhorter, the report of the Committee on Wild Lands was taken up.

Mr. McWhorter moved to take up and adopt the resolution.

Mr. Wright proposed to amend the resolution by adding the following : Provided that said committee shall not receive any compensation whatever, either as per diem or mileage.

Mr. Born proposed to amend by adding the following: Provided that no member of said committee shall receive more than four dollars per day, and the same mileage as now allowed the members of this General Assembly.

F.RIDAY, DEOE.M:BER 13, 1878.

479

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

Mr. Speaker:

The Senate has passed the House bill entitled an act to provide for the redemption of land sold under tax executions ; to provide for the mode of conveying the same, and for other purposes therein mentioned, by a substitute, with amendments to said substitute, in which they ask the concurrence of the House.

The Senate has passed the following House bills, towit:
.A bill to increase and fix the amount of the bond to be given by the State Lunatic Asylum.
Also, a bill to change the beginning of the terms of the Superior Court.
Also, a bill to amend section 2971 of the Code of 1873, so as to provide that in cases of suits under said section, either the widow or the children shall recover, with certain amendments proposed by the Senate, in which they ask the concurrence of"the Honse.

The Senate insists upon its amendments to the appropriation bill, and, as asked by the House, has appointed as a committee of conference on the part of Senate, Senators Cabaniss, Tison of the 20th, and DuBose.

Mr. McCurry moved to lay the whole matter upon the table.

Mr. MeWhorter called for the yeas and nays. The call was not sustained.

Mr. Alston called for the yeas and nays.
The call was sustained, and, on calling the roll, the vote was as follows :

480

JOURNAL 0~' THE HoUSE.

Those voting in the affirmative are Messrs.-

Adams, Anderson of Morgan, Awtry, Barron, Bell, Bennett, Berry, Bird; Born, Brannon, Brantley, Burch, Butler, Carr, Chambers, Chapman, Cook, Cunningham, Davison, DeLoach,
Du~ar,
Dupree, Elder, F;tzgerald, Fort,

Garrard, Glover, Hanks, Harp, Harris, Harrison, Henderson, Hogan, Hollis, Hudson, Humber, Johnson of Johnson, Jordan of Crawford, Kendrick, Lamb, Livingston, Luffman, Mathews, McCurry, Miller of Houston, Milner, Mttchell, Mynatt, Nisbet, Oliver,

Paull, Peacock, Phillips of Carroll, Phinizy, Rankin, Redwine, Riden,
Roge~s, Scrug~s,
Sharman, Sites, Sims, Smtth of Butt~, Smith of Oglethorpe, Taliafel'l'o, Ta;;e, Tatum, Thomas, Turner of BrookR. Welch, Williams of Columbia Wilson. Wrizht, Yancey, Zellner.

Those voting in the negative are Messrs.-

Alston, Bleckley, Branch, Brlntle, Butt, Cannon, Collins, Dickin, DuBose, Duvall, Gray, Harrell, Hulsey, Irvine, Ivey, Jaues,

Jordan of Wilkes, Kimsey, Lang, McAfee, McConnell, 1\fcGouirck, McWhorter, Park, Patterson, Perkins, Philips of Cobb, Phillips of Coffee, Polhill, Pope, Reese, Roach,

Roberts, Russell, Sibley, Smith of Walton, Strickland, Strother, Tarver, Turner of Coweta, Wall,
Walte~s,
Walton, Weehunt, wheeler, Wilco;;:, Willingham,

FRIDAY, DEOEMBER 13, 1878

481

Those not voting are Messrs.-

Anderson of Newton, Grant,

Anderson of Pulaski, Greene of Baldwin,

Barksdale,

Greene of Madison,

Buchan,

Hall,

Clegg,

Hammond,

Colley,

Hill,

Cox of Harris,

Howell of Lowndes,

Cox of Troup,

Howell of Pickens,

Crawford,

Hutchins,

Daniel,

Jamison,

Davis of Baker,

Johnson of Clay,

Davis of Houston, ' King,

Dozier,

Kirby,

Fletcher,

Maund,

Ford,

McDonald,

Fuller,

McLucas,

Gammage,

~feRae,

Yeas 75.

Nays 47.

Not voting 43.

Miller of Liberty, Northern, Paine, Pil;:e, Poppell, Presco.t, Puckett, Roney, Shannon, Sheffied of Early, Sheffied of Miller, Toole, Vick, W esl.brook, Williams, C. W. Williams, F. J. Wilmot.

So the motion to table prevailed.

On motion of Mr. Cook, the following House bill was taken up, to-wit:
A bill to change the time of holding Superior Courts in the counties of Webster, Walton, Jackson and other counties.

The Senate amendment was read.

Mr. Hutchins proposed to amend the amendment by changing Jackson from the second Monday in August to first Monday in August.
Amendment adopted, and the Senate amendment, as amended, was concurred in.

The Senate amendment changing Irwin Superior Court, was then concurred in.

482

JOURNAL OF THE HoUSE.

The Senate amendment, changing the time of holding Gordon Superior Court, was concurred in.

The further amendment proposed by the Senate, changing the number of sections, was concurred in.
Mr. Paine, chairman of the Committee on Enrollment, submitted the following report :

Mr. Speaker:

The Committee <1n Enrollment reP,ort 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 section four thousand six hundred and ninety-two (4692) of the Revised Code of Georgia of 1873, relating to the trial of joint defendants.
Also, an act authorizing the issue of bonds of the State of Georgia for the redemption of certain bonds of the State of Georgia falling due in the next three years, and to reduce the rate of interest on the same.
w. vV. PAINE, Chairman.

Mr. Wright moved to take up the majority and minority reports of the committee on the investigation of the conduct and motives of the Governor in the indorsement of the bonds of the Northeastern Railroad.

Mr. Hall offered a resolution prolonging the session till Tuesday, the 17th instant.

Mr. Harrison moved to lay the resolution on the table.

Mr. Hall called for the yeas and nays. The call was sustained, and on calling the roll the vote was as follows :

FRIDAY, DECEII1BER 13, 1878.

483

Those voting in the affirmative are Messrs.-

Adams,

Hollis,

Polhill,

Barron,

Howell of Lowndes, Puckett,

Bell,

Howell of Pickens, Rankin,

Bennett,

Hudson,

Reese,

Berry,

Hutchins,

Riden,

Born,

Irvine,

Roberts,

Branch,

Ivey,

Roney,

Brantley,

Janes,

Russell,

Burch,

Johnson of Johnson, Scruggs,

Cannon,

Jordan of Crawford, Shannon,

Chambers,

Kendrick,

Sharman,

Chapman,

King,

~ibley,

Collins,

Lamb,

Sikes,

Cunningham,

Lang,

Sims,

Davis of Houston,

Mathews,

Smith of Butts,

Davison,

Maund,

Smith of Oglethorpe,

DeLoach,

McAfee,

Smith of Walton,

Duggar,

McConnell,

Strickland,

Dupree,

McRae,

Tarver,

Duvall,

Mitchell,

Tate,

Elder,

Mynatt,

Tatum,

Fitzgerald,

Nisbet,

Toole,

Glover,

Oliver,

Wall,

Hanks,

Park,

Walters,

Harrell,

Patterson,

Wilcox:,

Harp,

Paull,

Willingham,

Harris,

Phillips of Can oll, Wilmot,

Harrison,

Phillips of Coffee,

Yancey,

Hogan,

Phini..z. y,

Zellner

Those voting in the negative are Messrs.-

Alston,

Hall,

Pope,

Anderson of Morgan, Hender~on,

Redwine,

Anderson of Newton, Hulsey,

Roach,

Barksdale,

Kimsey.

Rogers,

Bleckley,

Livingston,

Strother,

Brintle,

Luffman,

Thomas,

Butler,

McCurry,

Turner of Brooks,

Butt,

McGouirck,

Turner of Coweta,

Carr, Davis of Baker,

McvVhorter, Milner,

Weehunt,~

Westbrook,

0

Dickin,

Northern,

'Vilson,

Fort,

Peacock,

Wright.

Gray,

Phillips of Cobb,

484

JOURNAL OF THE HOUSE.

Those not voting are Messrs.-

Anderson of Pulaski, Awtry, Bird, Brannon, Buchan, Clegg, Colley,
Cook, Cox of Harris, Cex of Troup, Crawford, Daniel, Dozier, DuBose, Farnell, Fletcher, Ford,

Fuller, Gammage, Garrard, Grant, Greene of Baldwin, Greene of Madison, Hammond,
Hill, Humber, Jamison, Johnson of Clay, Jordan of Wilkes, Kirby, McDonald, McLucas, Miller of Houston,

Miller of Liberty, Paine, Perkins, Pike, Poppell, Prescott, Sheffield of Early,
Sheffield of Miller, Taliaferro, Vick, 'Walton, Welch, '\'heeler, Williams of Columbia, Williams, C. W. Williams, F. J.

Yeas86. Nays 38. Not voting 49.

So the motion to lay on the table prevailed.

Mr. DuBose moved that the resolution adopted this morning authorizing the appointment of a committee to investigate the question of J.'ailroad freight and passenger tariffs, be at once transmitted to the Senate.
The motion was withdrawn to allow Mr. Alston to make the motion ts reconsider this resoution.
The motion to reconsider prevailed.

Mr. Polhill offered a resolution to allow the Clerk of this House two days in which to bring up the business of the House.
Tfle resolution was agreed to.

On motion of Mr. Mynatt, the following bill was taken up, and the Senate amendment concurred in :

J!'RIDAY, DECEMBER 13, 1878.

485

A bill to amend section 2971 of the Code of 1873, so as to provide that in cases of suits under said section, either the widow or the children shall recover the full value of the life of the deceased.

Mr. Smith, of Oglethorpe, offered the following res-

olution, which was read and agreed to:

'

A resolution-

That three members of the Committee on Enrollment be allowed two days to bring up the business of this session.

On motion, the House then adjourned to 7:30 o'clock
P.M.

7:30 O'CLOCK P.M.
The House reassembled and was called to order by the Speaker.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following House bills, towit:
A bill to carry into effect paragraph 2, section 2, article 7 of the Constitution.
Also, a bill to repeal section 4323 of the Code. Also, a bill to amend section 4379 of the Code of 1873, in relation to burning out houses, by specifically including gin-houses in said section, and increasing the penalty prescribed in said section. Also a bill to require transferees of tax exe~utions

486

JouRNAL OF THE HousE.

issued prior to February 10, 1875, to have their executions recorded, and fixing the time when they must be placed upon record, and to destroy the lien of such executions, as against transferred property in the hands of third parties when this act bas been complied with, as amended by the Senate.

The Senate refuses to agree in the House substitute for a Senate bill to reduce and regulate the fees of Tax Receivers and Collectors in all the counties of this State ; to repeal all local laws relating thereto, and for other purposes.

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

Mr. Speaker:

The Senate has passed the following House resolution~, to-wit:

A resolution-
Ordering sale of personal property within the walls of the penitentiary, at Milledgeville, with amendments.
Mr. Tatum moved to take up the House resolution, providing for the sale of certain property within the walls of the old penitentiary at Milledgeville.
The motion prevailed.
The resolution was taken up, and the Senate amendment requiring the advertisement of the property for four weeks, was concurred in.
On motion of Mr. Smith, of Ogletbo!'pe, the following Senate bill was taken up and read the third tinfe, towit:

FHIDAY, DECEMBER 13, 1878.

487

A bill to establish branches of the State University at Cuthbert and Thomasville.

Mr. Turner, of Coweta, proposed to amend by inserting the word " Newnan " after the word " Thomasville," in the caption of the bill, and in the third section of the bill, and the words " Newnan and Western Georgia,'' in the fifth section of the bill.
The amendments were withdrawn.

The report of the committee was agreed to.

Mr. vVheeler moved to lay the bill on the able. The motion was lost.

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

Mr. Speaker:

The Senate has passed the following resolution, in which they ask the concurrence of the House of Representatives, to-wit :
Resolved by the Senate and House of Representatives, That Mr. Hawkins, Senator from the 42d District, and Mr. Mitchell, Representative in the House from the county of Taylor, be added to the joint committee on the sale or lease of the Brunswick Railroad.

Mr. Livingston called for the previous question. The call was sustained, and the main question ordered.

Mr. Phillips, of Cobb called for the yeas and nays. The call was sustained, and on calling the roll, the vote was as follows, viz :

4.88

JOURNAL OF THE HOUSE.

Those voting in the affirmative are Messrs.-

Adams, AI!; ton, Anderson of Morgan, Anderson of Newton, Awtry, Barksdale, Barron, Bell, Berry, Bleckley, Br~nch, Brantley, Brintle, Burch, Butler, Butt, Chambers, Cook, Cunningham, Davis of Houston, DeLoach, Dickin, DuBose, Duggar, D.upree, Duvall, Elder,: Fitzgerald, Fort, Garrard, Grant, Glover, Green of Baldwin,

Hall, Hammond, Hanks, Harrell, Harris, Harrison, Henderson, Hollis, Hulsey, Humber, Hutchins, Ivey, Janes, Johnson of Johnson, Jordan of Wilkes, Kendrick, Kimsey, Lang, Livingston, Mathews, Maund, McAfee, McCurry, McWhorter, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, P'atterson1

Paull, Phinizy, Pol hill, Rankin, Reese, Riden, Roach, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sibley, Smith of Oglethorp1 Smith of Walton,
S~rlckland,
Tatum, Thomas, Toole,. Turner of Brooks, Turner of Coweta, Wall, 1tValters, Welch, Westbrook, Wilcox, Willingham, Wilmot. Wright, Yancey, Zellner.

'fhose voting in the negative are Messrs.-

Bennett, Born, Cannon, navison, Harp, Hogan,

Luffman, McConnell, McGourick, Miller of Houston, Phillip~ of Carroll, Phillips of Cobb,

Sikes, Sims, Smith of Butts, Taliaferro, Tate, Weehunt,

FRIDAY, DECEMBER 13, 1878.

489

Howell of Pickens,
Hudson, Jordan of Crawford, King,

Pike, Redwine, Roberts,

Wheeler, Williams of Columbia, Wilson.

Those not voting are Messrs.-

Anderson of Pula.~ki, Bird, Brannon, Buchan, Carr, Chapman, Clegg, Colley, Collins, Cox of Troup, Cox of Harris, Crawford, Daniel, Davis of Baker, Dozier, Farnell,

Fletcher, Ford, Fuller, Gammage, Gray, Green of Madison, Hill, Howell of Lowndes, Irvine, Jamison, Johnson oi Clay, Kirby, Lamb, McDonald, 1\IcLueas, McRae,

Miller of Liberty, Peacock, Perkins, Phillips of Coffee, Pope, Poppell, Prescott, Puckett, Sheffield of Early, "1 Sheffield of Miller,
Strother, Tarver, Vick,' Walton, Williams, C. W., Williams, F. J.

Yeas, 98. Nays, 28. Not voting, 42.

So the bill was passed by the requisite constitutional majority ; yeas 98, nays 28.

Mr. Toole moved to take up the resolution appointing a committt'e to sit during the recess for the purpose of investig~ting the question of railroad freight and passenger tariffs, reconsidered this afternoon.

Mr. Born, of Gwinnett, offered an amendment, which was read and adopted, restricting the pay of members of said committee to the same pay as now allowed members of the General Assembly.

Mr. Pike offered as an amendment a resolution re32

490

JouRNAL oF THE HousE.

stricting the sessions of the committee to thirty days.

Mr. Alston proposed to add as a substitute for the two last amendments, the following, to-wit; "Provided that said committee shall not sit more than sixty days, and the pay of the whole committee shall not exceed one thousand dollars.

Mr. McCurry moved to indefinitely postpone the whole matter.

On this proposition, Mr. Riden called for the yeas and nays.
The call was sustained.

Mr. Harrison called for the previous question.

The call was sustained, and the main question ordered.
On calling the roll, the vote was as follows ;

Those voting in the affirmative are Messrs.-

Barksdale, Bennett, Born, Brantley, Butt, Chapman, Cook, Cunningham, Davis of Houston, Dickin, DuBose, Duggar, Elder, Fitzgerald, Grant, Hall, Harp, Harrison, Hogan,

Howell of Pickens, Hudson, Humber, Janes, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kimsey, Luffman, Mathews, Maund,
~fcAfee,
McCurry, Miller of Houston, Oliver, Paine, Patterson, Paull,

Phillips of Carroll, Phillips of Cobb, Phinizy, Pike, Redwine, Reese, Riden, Roberts, Scruggs, Sharman, Sims, Smith of Walton, Tate, Weehunt, Welch, Wheeler, Williams of Columbia, Zellner.

FRIDAY, DEOEMBER 13, 1878.

491

Those voting in the negative are Messrs.-

Adams, Alston, Anderson of Morgan, Anderson of Newton, Awtry, Barron, Bell, Berry, Branch, Brintle, Burch, Butler, Cannon, Chambers, Davison, DeLoach, Dupree, Duvall, Fort, Glover, Greene of Baldwin,

Hammond, Hanks, Harrell, Harris, Henderson, Hollis, Ivey, Kendrick, Lang, Livingston, McConnell, McGouirck, McWhorter, Milner, Mitchell, Mynatt, Nisbet, Northern, Polhill, Rankin,

Roach, Rogers, Shannon, Sibley, Sikes, Smith of Butts, Strickland, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta, Wall, Westbrook, Wilcox, Willingham. Wilmot. Wilson, Wright, Yancey,

Those not voting are Messrs.-

Anderson of Pulaski, Garrard,

Perkins,

Bird,

Gray,

Phillips of Coffee,

Bleckley,

Greene of Madison, Pope,

Brannon,

Hill,

Poppell,

Buchan,

Howell of Lowndes, Prescott,

Carr,

Hulsey,

Puckett,

Clegg,

Hutchins,

Roney,

Colley,

Irvine,

Russell,

Collins,

Jamison,

Sheffield of Early,

Cox of Harris,

Johnson of Clay,

Sheffield of Miller,

Cox of Troup,

King,

Smith of Oglethorpe,

Crawford,

Kirby,

Strother,

Daniel,

Lamb,

Taliaferro,

Davis of Baker,

McDonald,

Tarver,

Dozier,

McLucas,

Vick,

Farnell,

McRae,

Walters,

Fletcher,

Miller of Liberty,

'Valton,

Ford,

Park,

Williams, C. W.

Fuller, Gammage,

Peacock,

Williams, F. J.

Yeas 55. Nays 61. Not voting 59.

492

JOURNAL OF THE HOUSE.

So the motion to indefinitely postpone was not adopted.

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

Mr. Speaker:

The Senate has adopted the majority report of the Conference Committee on the House bill to appropriate moneys for the years 1879 and 1880, and other purposes, and respectfully asks the concurrence of the House therein, to-wit : Receding from its amendment increasing the pay of Pages of the Senate and House of Representatives; insisting upon its amendment increasing the pay of the Porters of the Senate and House of Representatives, and adopting an amendment to the amendment changing paragraph 7, section 4, of the appropriation bill.

The Senate has also concurred in the amendment of the House of Representatives to the amendment of the Senate to the bill of the House to fix the time for holding the Superior Courts in the counties of Webster, Lee, Pierce, Ware, Clinch, Coffee, Camden, Charlton, Glynn, Haralson, Floyd, Walton, Jackson, Gwinnett, Clarke, Rockdale, Echols, Appling, Wayne, Pike, and for drawing juries in certain cases, and for other purposes.

Mr. Fort called the previous question on the resolutiOn and the..pending amendments.

The call was sustained, and the main question ordered.

The substitute proposed by Mr. Alston was not adopted.

FRIDAY, DECEMBER 13, 1878.

493

The amendment proposed by Mr. Pike was adopted.

On the question of adopting the resolution, as amended, Mr. Garrard called for the yeas and nays.
The oall was sustained.

On calling the roll, the vote was as follows :

Those voting in the affirmative are Messrs.

Adams, Alston, Awtry, Brannon, Bell, Berry, Bleckley, Branch, Burch, Butler, Cannon, Chambers, Davison, DeLoach, Dupree, Duvall, Fort, Gray, Glover, Greene of Baldwin,

Hammond, Hanke, Harrell, Harris, Henderson, Hollis, Ivey, Kendrick, Lang, Livingston, McGouirck, McWhorter Milner, Mitchell, Mynatt, Nisbet, Northern, Polhill, Rankin,

Roach, Rogers, Shannon, Sibley, Smith of Butt.q, Strickland, Tatum, Thomas, Toole, Turner of Brook~, Turner of Coweta Wall, Westbrook, Wilcox, WiHiams of Columbia, Wilmot, Wilson. Wright, Yancey.

Those voting in the negative are Messrs.-

Anderson of Newton, Barksdale, Bennett, Brantley, Brintle, Butt, Chapman, Cook, Cunningham, Davis of Houston, DuBose,

Hudson, Hulsey, Humber, Hutchins, Janes, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kimsey, Luft'man, Mathews,

Paull, Phillips of Carroll, Phillips of Cobb, Phinizy, Pike, Redwine, Riden, Roberts, Roney, Scruggs, Sharman,

494

JouRNAL OF THE HousE.

Duggar, Elder, Fitzgerald, Garrard, Grant, Harp,' Harrison, Hogan, Howell of Pickens,

Maund, McAfee, McConnell, McCurry, Miller of Houston, Oliver, Paine, Park, Patterson,

Sikes, Sims, Smith of Walton, Taliaferro, Tate, Weehunt, Welch, Zellner.

Those not voting are Messrs.-

Anderson of Morgan, Anderson of Pulaski, Bird, Born, Barron, Buchan, Carr, Clegg, Colley, Collins, Cox of Harris, Cox of Troup, Crawford, Daniel, Davis of Baker, Dickin, Dozier, Farnell, Fletcher,

Ford, Fuller, Gammage, Greene of Madison, Hall, Hill, Howell of Lowndes, Irvine, Jamison, Johnson of Clay, King, Kirby, Lamb, l\IcDonald, McLucas, McRae, Miller of Liberty, Peacock, Perkins,

Yeas 58. Nays 59. Not voting 58.

Phillips of Coffee, Pope, Poppell, Prescott, Puckett, Reese, Russell, Sheffield of Early, Sheffield of Miller, Smith of Oglethorpe, Strother, Tarver, Vick, Walters, Walton, Wheeler, Williams, C. W. Williams, F. J. Willingham.

So the resolution was not agreed to.

Mr. McWhorter moved to take up the resolution appointing special committee on investigation of wild land sales, as a. committee ofinvestigation to sit during the recess, and investigate the whole subject of the wild land business.

FRIDAY, DECEMBER 13, 187R

495

The Chairman of the Committee on Conference, Mr. A. L. Miller, submitted the following majority and mi nority reports :

Mr. Speaker:

~he Committee of Conference, to whom was referred the adjustment of certain differences between the Senate and House of Representatives in regard to House bill 93, known as the appropriation bill, beg leave to make the following report :
We recommend that the House of Representatives recede from their disagreement to the t:;enate amendment fixing the pay of the porters of the House of Reprf>SE>ntatives at two dollars each per diem, and that the Senate recede from its amendment disagreeing to the pay of pages fixed by the House of Representatives at one and a half dollars each per diem.
We further recommend that the amount to be appropriated for the repairs of the public buildings in Milledgeville, the State House and Executive Mansion in Atlanta, furniture, coal, wood, gas, insurance, repairs of boilers to engine, hire of engineer, guards, servants, and general incidental expenses, the sum of ninetyfour hundred dollars, or as much thereof as may be necessary to be expended, under the direction of the Governor, including one thousand dollars to be paid to the keeper of Public Grounds and Buildings.
T. B. CABANISS, IsAAC P. TISON, C. W. DuBosE, Committee on part of the Senate.
S. K. CooK, J. F. A WTRY, Of the House Committee.

496

JOURNAL OF THE HOUSE.

I concur in the above report, except as to the a.mendmE:mt proposed by the Conference Committee to paragraph 7 of section 4 of the bill.
A. L. MILLER, Of the House Committee.

Mr. Miller moved to take up the general appropriation bill.
The motion prevailed, and the majority and minority reports of the Committee of Conference were read.

On motion of Mr. Miller, the House receded from its disagreement to the Senate amendment increasing the pay of porters of the House and porter of the Senate to two dollars per day.
Mr. Cook then moved that the House concur ip. the Senate amendment as reported by the majority of the Committee of Conference.
Mr. Cook called for the previous question, on the motion to concur.
The call was sustained, and the main question was ordered, and the Senate amendment concurred in.

By unanimous consent the following resolution was introduced and read, and on motion adopted.

By Mr. Turner, of Brooks-

A resolution-

That during the remainder of this day's session, no member shall be allowed to occupy the floor for more than five minutes, except by a vote of two-thirds of the members present.

Mr. Ivey offered a resolution giving the Auditing Committee two days to finish business.
Disagreed to.

FRIDAY, DECEJifBER 13, 1878.

497

Mr. Paine, 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 Honse of Representatives, President of the Senate, and delivered to his Excellency, the Governor, the following resolutions, to-wit:

A resolution-

Requesting his ExcellPncy, the Governor, to inquire whether any penalties or forfeitures have been incurred by any lessees of penitentiary convicts.

Also, a resolution, requesting the Governor to correspond with the authorities of the State of Alabama with a view to the adjustment of a claim therein specified.

Also, an act to prevent any Coroner in the State of Georgia receiving as fees either for holding inqnests or for burying the dead bodies, a sum per annum of more than fifteen hundred dollars, out of the County Treasury.

A an act to amend section 4692 of the Revised Code of 1873, relating to the trial of joint defendants.

Also, an act authorizing the issue of bonds of the State of Georgia for the redemption of certain bonds of the State of Georgia falling due in the next three
years, and to reduce the rate of interest on the same.
W. vV. PAINE, Chairman.

On motion of Mr. 'Vright, the following Senate resolution was taken up and read, to-wit:

498

JouRNAL oF THE HousE.

A resolution-

Memorializing Congress in behalf of the Great Southern Railway.

Mr. Garrard moved to indefinitely postpone the resolution.

Mr. Wright called for the yeas and nays. The call was not sustained. The motion to indefinitely postpone prevailed.

The following House bill was then taken up, to-wit:
A bill to require all tax executions issued prior to 1876, to be levied and collected within sixty days, or as soon as can be lone under legal process, and requiring the same to be docketed.

The Senate amendment was concurred in.

The following House bill was then taken up, to.wit:
A bill to prcvide for the redemption o~ wild lands
sold under tax fl. fas., and to provide for the mode of
reconveying the same.

The substitute adopted by the Senate with the Senate amendment to to that substitute, were read and ruled out of order by the Speaker.

On motion of Mr. Harrison, the bill was laid on che table till the July session.

Mr. Harrison moved to take from the table the Senate bill with reference to appeals to juries in Justice Courts.

The motion prevailed, and the bill was taken up and read the third time, to-\\'it :
A bill to provide for the carrying into effect para-

Ji'RIDAY, DECEMBER 13, 1878.

499

graph 2, secti0n 7, article 6, of the Constitution of 1877, with reference to appeals to a jury in Justices' Courts.

Mr. Harrison proposed to amend by changing the word "with" to "without."
Amendment adopted.

Mr. Harrison moved to further amend by striking out the entire seventh section.

Mr. Garrard moved to lay the bill on the table. The motion did not prevail.

On the question of adopting the amendment, no quorum voted, and Mr. "'iVright demanded that the roll of the House be called.

On calling the roll, the following members werA f0und to be present:

Those present were Messrs.-

Adams, Alston, Anderson of Morgan, Awtry, Barksdale, Bennett, Bleck ley, Born, Branch, Brintle, Butler, Butt, Cannon, Chambers, Chapman, Cook, Cunningham, DeLoach, DuBose, Duggar,

Hogan, Hollis, Howell of Pickens, Hudson, Hulsey, Hutchins, Irvine, Ivey, Janes, Johnson of Johnson, Jordan of Wilkes, Kendrick, Kimsey, Lang, Livingston, Luffman, McAfee, McConnell, McGouirck, McLucas,

Phinizy, Pol hill, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Shannon, Sharman, Sibley, Sikes, Sims, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Strother,

500

JoURNAL OF THE HousE.

Duvall, Elder, Fitzgerald, Fort, Garrard, Grant, Gray, Greene of Baldwin, Hall, Hanks, Harrell, Harp, Harris, Harrison,
Hender~on,

McRae, McWhorter, Miller of Houston, Milner, Mitchell, Mynatt, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Phillips of Can oll, Phillips of Cobb,

Tatum, Thomas, Turner of Brooks, Turner of Coweta, Weehunt, Welch, Westbrook, Wheeler, Wilcox, Williams of Columbia, Willingham, Wilson, Wright, Yancey, Mr. Speaker.

'fhose absent were Messrs.-

Anderson of Newton, Anderson of Pulaski, Barron, Bell, Berry, Bird, Brannon, Brantley, Buchan, Burch, Carr, Clegg, Colley, Collins, Cox of Harris, Cex of Troup, Crawford, Danitl, Davis of Baker, Davis of Houston, Davison, Dickin, Dozier, Dupree,

Farnell, Fletcher, Ford, Fuller, Gammage, Glover, Greene of Madison, Hammond, Hill, Howell of Lowndes, Humber, Jamison, Johnson of Clay, Jordan of Crawford, King, Kirby, Lamb, Mathews, Maund, McCurry, McDonald, Miller of Liberty, Nisbet,

Perkins, Phillips of Coffee, Pike, Pope, Poppell, Prescott, Russell, Scruggs, Sheffield of Early, Sheffield of Miller, Strickland, Taliaferro, Tarver, Tate, Toole, Vick, Wall, Walters, walton, Williams, C. W Williams, F. J. Wilmot, Zellner.

Present, 105. Absent, 70. Total, 175.

FRIDAY, DEOE'MBER 13, 1878

501

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

Mr. Speaker :
The Senate has adopted the following resolution, and asks the concurrence of the House therein :

A resolution-
In regard to the motives and conduct of Governor Colquitt in indorsing the bonds of the Northeastern Railroad, and the postponement of the report of the committee on investigation.

Also, a resolution of the Senate determining the meaning and intent of the resolution to adjourn on the 13th inst., and to meet again in July; 1879.
Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the following report:

Mr. Speaker:
Mr. A. A. Murphy, clerk of the Committee on the Judiciary, has been actually employed in the service of said committee, as its clerk, thirty (30) days, including to-day, the 13th of December, 1878.
Respectfully submitted. H. G. TURNER, Chairman.
The following message was received frorri the Senate, through W. A. Harris, Secretary thereof:

Mr. Speaker:

The Senate has passed the following House bills, to-
wit:
A bill to keep open, remove and prevent obstruc-

502

JouRNAL m' THE HousE.

tions to the free passage of fish in the waters of all rivers and mouths of creeks in this State.

The amendment striking out the seventh section was withdrawn, and the bill passed by the requisite constitutional majority ; yeas 90, nays 10.

Mr. 'Vright moved to suspend the rules for the purpose of taking up the Senate resolution with reference to the conduct of the Governor in the indorsement of the bonds of the Northeastern Railroad.
Mr. Wright called for the yeas and nays. The call was not sustained.
The motion to suspend the rules was lost.
The Senate resolution adding Senator Hawkins and Representative Mitchell as additional members of the committee on the sale or lease of the Macon and Brunswick Railroad, was concurred in.
The following message was received from the Senate, through Mr. Harris, Secretary thereof:

hir. Speaker:
1'- The Senate has adopted a resolution informing the Governor, by a committee appointed by the presiding officers of the two houses, that the General .Assembly will take a recess from this day until the first 'Vednesday in July, 1879, and the Senate has appointed as the committee on part of the Senate, Senators Clarke and Wellborn.
Mr. Paine, chairman of the Committee on Enrollment, submitted the following report :

FRIDAY, DECEMBER 13, 1878.

503

Mr. Speaker:

The Committee on Enrollment report as duly enrolled, signed by the President of the Senate, and ready for the Speaker of the House of Representatives, the following acts of the Senate, to-wit:
An act to enforce paragraph 1, section 9, article 7 of the Constitution.
Also, an act to change the fiscal year so that the same shall begin on the first day of October, and end on the thirtieth day of September.
Also, an act to provide for setting apart homesteads and exemptions of property, for the sale thereof, and the reinvestment of the proceeds.
Also, an act to carry into effect paragraph 2, section 18, article 6, of the Constitution of 1877, so as to provide for the selection of the most experienced, intelligent and upright men to serve as Grand Jurors, and of intelligent and upright men to serve as Traverse Jurors, and for tll.e drawing of jurors.
Also, an act to all0w persons against whom warrants are sued out as intruders, or as tenants holding over, three days within which to tile counter affidavits to such warrants, and for other purposes.
A.lso, an act to repeal section 1677 of the Code, and in lieu thereof to provide for the granting and amending of charters for schools, academies, collegies and churches.
Also, an act to authorize the sale by common carriers of all freight unclaimed, and the deposit in bank of the net proceeds of sale, to await the claim of the owners, and for other purposes.
Also, an act to allow certain liens of landlords to be foreclosed before due in certain casf1s.
Also, an act to regulate the striking of juries in civil

504

JOURN.A.L OF THE HOUSE.

cases and in cases of misdemeanors in the Superior Courts of this State.
Also, an act to provide for the people to be better supplied with the laws of this State.
Also, an act making appropriation for the support of the government for the years 1879 and 1880, and for other purposes.
Also, an act to require transferees of tax executions issued prior to February 20, 1875, to have their executions recorded, and for other purposes.
Also, an act to keep open, remove and prevent obstructions to the free passage of fish in the waters of all rivers and mouths of creeks in this State.
Also, a resolution ordering the sale of personal property within the walls of the penitentiary at Milledgeville.
Also, an act to amend section 2971 of the Code of 1873.
Also, an act to repeal section 4323 of the Revised Code of 1873, to prescribe the punishment of persons convicted of murder, and for oth~r purposes.
Also, an act to levy and collect a tax for the support of the State government, and for other purposes herein mentioned for the years 1879 and 1880.
Also, an act to fix the time of holding the Superior Courts in certain counties therein contained, and for drawing juries in certain cases, and for other purposes.
Also, an act to change the beginning of the terms of the Supreme Court.
Also, a resolution authorizing C. H. vVilliams to publish the acts of the present session.
Also, an act to provide for the probate of foreign wills, and for the appointment and qualifications of administrators in this State to carry out the provisions of foreign wills, when admitted to probate_and record, in this State.

FRIDAY, DECEMBER 13, 187R

505

Also, an act to amend section 4379 of the Codeof1873, in relation to burning out houses, by specifically including gin-houses in said section, and increasing the penalty prescribed in said section.
Also, au act to carry into effect paragraph 2, section 2, article 7, of the Constitution of the State, in reference to the exemption from taxation of certain property therein described.
W. W. PAINE, Chairman.

Mr. Paine, Chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:

The Committae on Enrollment report as duly enrolled, and ready for the signature of the Speaker of the House ofRepresentatives, the following acts, to-wit:

An act to carry into effect paragraph 2, section 18,

article 6, of the Constitution of 1877; so as to provide

for the selection of the most experienced, intelligent and

upright men to serve as Grand Jurors, and of intelli-

gent and upright men to serve as Traverse Jurors, and

for the drawing of juries in all city courts, whose

Judges are commissioned by the Governor, and for

other purposes.

Also, an act to authorize incorporated cities in this

State to permit the inclosure of lanes or alleys in such

cities, where owners of the lots abutting on such lanes

or alleys, or parts of such lanes or alleys sought to be

secluded, consent.

"'\V. "'\V. P AINJ<J, Chairman.

Mr. Paine, Chairman of the Committee on Enroll ment, submitted tlle following repOl't:
33

506

J o (JRNAL OF THE HousE.

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 carry into effect paragraph 2, section 2, article 7, of the Constitution of the State in reference to the:exemption from taxation of certain property therein described.
Also, an act to fix the time for holding the Superior Courts in certain counties therein named, and for drawing juries in certain cases, and for other purposes.
Also, an act to carry into effect paragraph 2, section 18, article 6, of the Constitution of 1877, so as to provide for the selection of the most experienced, intelligent an~ upright men to serve as Grand Jurors, and of intelligent and upright men to serve as Traverse Jurors, and for the drawing of juries in all city courts, whose J udrges are commissioned by the Governor of this State, and whose civil jurisdiction does not extend beyond the limits of the city where such court is held.
Also, an act to authorize incorporated cities in this State to permit the inclosure of lanes or alleys in such cities, whose owners of the lots adjoining on such lanes or alley, or part of such lane or alley sought to be secluded, consent.
.A:lso, an act to change the beginning of the term of the Supreme Court.
Also, a resolution authorizing C. H.Williams to publish the acts of the present session.
Also, a resolution ordering sale of personal property wiithin the walls of the Penitentiary at 1filledgeville.
Also, an act to repeal section 4323 of the Revised Code of 1873, to prescribe the punishment for persons convicted, and for other purposes.

FRIDAY, DECEMBER 13, 1878.

507

Also, an act to amend section 4379 of the Code of 1873, in relation to burning outhouses, by specifically including gin-houses in said section, and increasing the penalty prescribed in said section~
Also, an act to provide for the probate of foreign wills, and for the appointment and qualification of administrators in this State, to carry out the provisions of foreign wills when admitted to probate and recorded in this State.
Also, an act to amend section 2971 of the Code of 1873.
Also, an act to levy and collect a tax for the support of the State government, and for other purposes herein mentioned, for the years 1879 and 1880.
Also, an act making appropriations for the Executive, Legislative and Judicial expenses of the government, and for other purposes herein mentioned, per annum, for the years 1879 and 1880.
Also, an act to keep open, remove and prevent obstructions to the free passage of fish in the waters of all rivers and mouths of creeks in this State.
Also, an act to require transferees of tax executions issued prior to February 20, 1865, to have their executions recorded, and fixing the time when they must be placed upon record, and to destroy the lien of such executions as against transferred p1operty in the hands of third parties when their act has not been complied with.
Also, that the General Assembly take a recess on Friday, the 13th day of December, until the first 'Vednesday in July, 1879, and for other purposes.
"\-V. W. PAINE, Chairman,

Mr. Paine, chairman of the Committee on Enrollment, submitted the following report:

508

JOURNAL OF THE HOUSE.

Mr. Speaker:

The Committee on Enrollment report as duly enrolled, signed by the President of the Senate, and ready for the signature of the Speaker of the House of Representatives, the following act of the Senate, to wit:

An act to carry into effect article 6, section 7, para-

graph 2, of the Constitution of this State, as to appeals

in Justices' Courts and therefrom.

Also, resolution in regard to Governor Colquitt's in-

dorsement of the bonds of the Northeastern Railway

Company.

W. W. PAINE, Chairman.

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

Mr. Speaker:

The Senate has concurred in the House amendment to Senate bill to authorize appeals inJustice Courts of this State, to provide for the same, and for other purposes.

Mr. Paine, chairman of the Committee on Enrollment, submitted the following report :

Mr. Speaker :

The Committee on Enrollment report as duly enrolled, signed by the President of the Senate, and ready for the Speaker of the House of Representatives, the following act of the Senate, to-wit:
An act for the establishing of branches of the State University at Cuthbert and Thomasville, etc. Also, a resolution that the General Assembly take a recess on Friday, the 13th day of December, until the first Wednesday in July, 1879, and for other purposes.
W. \V. PAINE, Chairman.

l<'RIDAY, DECEMBER 13, 1878.

509

Mr. Speaker:

I am instructed by the Committee on Enrollment to

report to the House of Representatives that the services

of the Clerk of said Committee, "'\V. W. Charlton, com-

menced on the 22d of November, 1878, and I have cer-

tified, as chairman, to twenty-four day's service of said

Clerk.

W. W. PAINE, Chairman.

Mr. Fort moved to take up the Senate resolution appointing a committee to inform the Governor that the General Assembly was ready to adjourn.
ThR resolution was read and concurred in, and the Speaker appointed as said committee, on part of the House, Messrs. Fort, Pike and Irvine.
Mr. Alston moved to suspend the rules and take up a Senate resolution with reference to the indorsement of the bonds of the Northeastern Railroad.
The rules were suspended, and the resolution read, and, on motion of Mr. Mynatt, adopted.
Mr. Livingston moved to take up a Senate bill with reference to the reduction of the fees of Tax Receivers and Tax Collectors.
Mr. Polhill moved to suspend the rules for the purpose of taking Senate bill No. 20, with reference to regulating the manner of giving wild land for taxation.
The motion did not prevail.
The following Senate bill was then taken up in its order, to-wit :
A bill to fix and reduce the fees ofTax Receivers and Collectors in the various counties in this State, and to repeal all local laws on this subject.

510

JouRNAL oF THE HousE

Mr. Fort Chairman of the Committee to wait on the Governor and inform him of the intention of this GenAral.Assembly to take a recess till the first Wednesday in July, 1879, reported that the Committee had performed that duty, and that the Governor said that he has no further communication to make to this body.

Mr. Harris moved to suspend the rules and read the House Journal.

Mr. Harris withdrew the re~;olution to read the Journal, and offered the following privileged resolution, towit:

.A resolution-

That Mr. McRae, chairman of the Committee on .Auditing, and Mr. Ivey, member of said committee, be allowed one day to bring up the business or the Committee.

Mr. Reese moved to lay the resolution on the table.

No quorum voting, Mr. 'Vright demancled a call of the Rouse.

The roll was called, and the following members found to be present :

Those present were Messrs.-

Adams,

Henderson,

Alston,

Hogan,

Anderson of Morgan, Hollis,

Awtry,

Howell of Pickens,

Barksdale,

Hulsey,

Bell,

Hutchins,

Bennett,

Irvine,

Berry,

Ivey,

Bird,

Janes,

Born,

Jordan of Wilkes,

Puckett, Rankin, Redwine, Reese, Riden, Roberts, Rogers, Roney, Scruggs, Sharman,

FRIDAY, DECEMBER 13, 1878.

511

Branch, Brintle, Butt, Cannon, Carr, Chambers, Chapman, Cook, Cox of Troup, Cunningham, DeLoach, DuBose, Duggar, Dupree, Duvall, Elder, Fort, Garrard, Grant, Gray, Greene of Baldwin, Hall, Hammond, Hanks, Harrell, Harp,

Kendrick, Kimsey, Lamb, Lang, Livingston, Luffman, McA.fee, McConnell, McCurry, :M:cGouirck, McLucas, Mc,Vhorter, Miller of Houston, Milner, Mitchell, Mynatt, Northern, Oliver, Paine, Paull, Peacock, Phillips of Carroll, Philips of Cobb, Pike, Polhill, Pope,

Sibley, Sims, Smith of RuttP, Smith of Oglethorpe, Smith of Walton, Strother, Tate, Tatum, Thomas, Toole, Turner of Brook A. Turner of Coweta, Wall, Weehunt, Welch, vVestbrook, vVheeler, Wilcox, Williams of Columbia, Willingham, Wilson. Wright, Yancey, Zellner. Mr Speaker.

Those absent were Messrs.-

Anderson of Newton, Anderson of Pulaski, Barron, Bleckley, Brannon, Brantley, Buchan, Burch, Butler, Clegg, Colley, . Collins, Cox of Harris, Crawford, Daniel, Davis of Baker,

Ford, Fuller, Gammage, Glover, Greene of Madison, Harris, Harrison, Hill, Howell of Lowndes, Hudson, Humber, Jamison, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, King,

Park, Patterson, Perkins, Phillips of Coffee, Phinizy, Poppell, Prescott, Roach, Russell, Shannon, Sheffied of Early, Sheffied of Miller, Sikes, Strickland, Taliaferro, Tarver,

512

JOURNAL OF THE HoUSE.

Davis of Houston, Davison, Dickin, Dozier, Farnell, Fitzgerald, Fletcher,

Kirby, Mathews, Maund, McDonald, }\feRae, Miller of Liberty, Nisbet,

Vick, Walters, Walton, Williams, C. W. Williams, F. J. wilmot.

Present, 104. Absent, 71. Total, 175.

On motion of Mr. Rankin, the House then adjourned
till 10 o'clock A. liL, on the first Wednesday in July, 1879.

ATLANTA, GEORGIA,
"'\Vednesday, July 2, 1879.
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 the following members found present, to-wit:

Those present were Messrs.-

Adams, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Barksdale, Barron, Bell, Bennett, Berry, Bird,

Harrell, Harp, Harris, Ha,rrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Hulsey,

Pike, Pol hill, Pope, Poppell, Prescott, Puckett, Rankin, Redwine, Reese, Riden,

WEDNESDAY, JULY 2, 1879

513

Bleckley, Born, Branch, Brantley, Brintle, Buchan, Burch, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Colley, Collins, Cox of Troup, Crawford, Davis of Baker, Davison, DeLoach, Dick in, Dozier, DuBose, Duggar, Dupree, Duvall, Elder, Farnell, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray, Green of Baldwin, Green of l\Iadison, Hammond, Hanks,

Humber, Hutchins, Irvine, Janes, Johnson of Clay, Johnson of Johnson, .Jmdan of wilkes, Kimsey, King, Kirby, Lamb, Lang, Livingston, Luffman, Mathews, :Maund, J\IcAfee, McConnell, :\IcCurry, J\icGourick, J\IcLu<!as, }fc.Whorter,
Miller of Liberty, }Iiller of Houston, l\Iilner, J\Iitchell, Mynatt, Xorthern, Oliver, Paine, Patterson Paull, Peacock, Perkins, Phillip~ of CarroII, Phillips of Cobb, Phillips of Coffee, Phinizy,

Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sibley, Sikes, Sims, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Strickland, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of J?rooks, Turner of Coweta, Vick, 'Valters, Walton, welch, W'heeler, 'Vilcox, Williams of Columbia, Williams, C. W., Willingham, 'Vilson, Wright, Yancey, Zellner. 1\'Ir. Speaker.

Those absent were Messrs.-

Awtry, Brannon, Butler,

Glover, Hall, Howell of Pickens,

Nisbet, Park, Sheffield of Early,

514

JOURNAL OF THE HoUSE.

Cook, Cox of Harris, Cunningham, Daniel, Davis of Houston, Fitzgerald, Fletcher,
Present, 147. Absent, 28.

Hudson, Ivey, Jordan of Crawford, Kendrick, McDonald,
McRae,

Sheffield of Miller, Wall, "\Veehunt, Westbrook, Williams, F ..J.
Wilmot.

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

Mr. Speaker :

The Senate has adopted the following resolution, in which they ask the concurrence of the House of Representatives, towit:

Resolved, That a committee consisting of two on the part of the Senate, and three from the House of Representatives, be appointed to wait upon his Excellency, the Governor, and notify him that the General Assembly has nwt pursuant to adjournment, and is now ready to receive any communication that he may wish to make.

The President. appointed the following Senators on the part of the Senate, to-wit: Senators Cabaniss and Boyd.

The Speaker then had read a communication from his Excellency, the Governor, announcing the election of Hon. J. L. Hamilton, of DeKalb, to fill the vacancy caused by the death of Hon. R. A.. Alston, and the election of Hon. John Burch, of Towns, to fill the vacancy caused by the death of Hon. S. Y. Jameison, of Towns.

WEDNESDAY, JULY 2, 1879.

515

The members elect presented themselves and were sworn in by the Speaker.

The Journal of Dece:nber 13, 187Fl, was reported as examined and approved, by Mr. Barksdale, chairman of the Committee on J onrnals.

The Journal was then read and approved

Mr. Hutchins gave notice of a motion to reconsider.

On motion of Mr. McWhorter, the Senate resolution to appoint a committee of two from the Senate and three from the House to notify the Governor that the General Assembly was ready to receive any communications he might have to make, was taken up, read and concurred in.
The Speaker 11ppointed as said committee on the part of the Honse, Messrs. McvVhorter, Smith of Walton, and Zellner.

Mr. Hutchins moved to reconsider so much of the Journal as relates to the passage of a resolution allowing the Clerk two days in which to bring up the business of the session.
The motion to reconsider prevailed.

The regular order, the call of the roll of counties, wM then taken up.

Mr. DeLoach asked a suspension of the rules to allow the introduction of a local bill.

Mr. Harris offered the following resolution, to-wit:
Resolved, That npon the call of counties for the introduction of new matter, all local and special bills, which may be ready to be introduced,. shall, for the next fifteen days, be read in the House by their titles,

516

JouRNAL o:B, THE HousE.

and forthwith referred to the Committee on Local and Special Bills, who shall have power to consider andreport upon the same as soon as practicable.

Mr. Miller, of Houston, moved to amending by striking out the words" read by their titles and."
'fhe amendment was adopted.

On motion of Mr. Paine, the resolution, as amended, was referred to the Committee on the Judiciary.

The following bills were then introduced, read the first time, and referred to the Committee on the Judiciary:
By Mr. BaconA bill to be entitled an .act to prescribe the time of trial of persons indicted for any of the grades of homicide, to regulate postponements and continuances of said cases, and writs of E>rror and new trials in the same, and for other purposes.
By Mr. RussellA bill to authorize each and every county in this State to establish and maintain a system of drainagfl, and to ratify established systems.
By Mr. BornA bill to require Judges of the Superior Courts to make certain entries upon their Bench Dockets.
By Mr. CrawfordA bill to exempt from jury duty all regularly licensed pharmaceutists, druggists and dentists actually engaged in the practice of tbt>ir professions. By Mr. CrawfordA bill to subject the wages and salaries of journeymen mechanics, day laborers, and all other persons, to process of garnishment iil cases where suit is pending or attachment has been issued.

WEDNESDAY, JuLY 2, 1879.

517

By Mr. HanksA bill to repeal paragraph 5 of section 3854 of the Code of Georgia. Also, a bill to fix the pay of Justices of the Peace, Notaries Public, Constables and juries in appeal cases in Justices' Courts.
By .Mr. FortA bill to regulate the sale of commercial fertilizers and manures, and to define the rights of persons to such contracts, and for other purposes.

Mr. MeWhorter, chairman of the House Committe to wait upon his Excellency, the Governor, and inform him that the General Assembly had met, etc., snbmitted;the fellowing report :

Mr. Speaker :

The Special Joint Committee of the Senate and House

of Representatives, appointed to notify his Excellency,

the Governor, that the General Assembly had met pur-

suant to adjournment, and to inquire if he had any

communication to make, report that they have dis-

charged that duty, and are authorized by his Excel-

lency to say that he has no formal communication to

make at this time, but may find it necessary during the

session to invite their attention to some special busi-

ness.

R. L. Me\VHORTER,

:B'. B. ?;ELLNER,

\V. R. SMITH,

House Committee.

The following bill wa:,; introduced, read the first time, and referred to the Committee on Railroads:

By Mr. \VillinghamA bill to compel railroad companies to fence in their tracks to prevent killing or injury of stock.

518

JOURNAL OF THE HOUSE.

The following bill was introduced, read the first time, and referred to the Committee on Agriculture :
By Mr. Jordan, of WilkesA bill to declare violation of contracts in certain cases criminal.

The following bills were introduced, read the first time, and referred to the Committee on Finance :

By Mr. RussellA bill to authorize the Clerks of the Superior and City Courts to require a deposit for the payment of costs.
By Mr. GarrardA bill t6 establish State depositories in Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany and LaGrange, and to prescribe their duties.
Also, a bill to make it penal for Tax Collectors to have and retain in their possession an amount of money belonging to the State, or any of the counties therein, exceeding $5,000 at any one time, and to prescribe the punishment therefor.
Also, a bill to alter and amend section 930 of the Code, which relates to the amount of Tax Collectors'
. bonds, and the conditions thereof.
There being no bills for a third reading, the following bills were taken up and read the seuond time, the reports of the committee, adverse to the passage of the bill, were agreed to, and the bills lost :
A bill to change the times of holding the Superior Courts of the Cherokee Circuit, and lengthen the times of some of them, and for other purposes.
Also, a bill to regulate the practice in motions for new trials in the Superior Court, etc.

WEDNESDAY, JULY 2, 1879.

519

The following bill was, by permission, withdrawn :
A bill to prohibit the collection of any tax by the State from licensed dealers in liquors in cities.

The following bill was recommitted to the Committee on the Judiciary :
A bill to carry into effect section 18, paragraph 2 of article 6 of the Constitution, and to provide for the drawing of juries.

The following bills were read the second 'time :
A bill to re-enact and declare of force section 4578 of the Code.
Also, a bill to disqualify any Judge who is a shareholder in any railroad company, or the ag('nt thereof, from presiding in the trial of any cause where said railroad is a party.

On motion of Mr. Miller, of Houston, the following bill was laid on the table, and three hundred copies ordered printed:
A bill to provide for the better inspection, management and control of the convicts of this State.

On motion of Mr. Miller, of Houston, three hundred copies of the following bill were ordered printed, and it was made the special order for Tuesday the 8th inst. at 10 o'clock, .A.. 111., and from day to day till disposed of, to-wit:
A bill to amend an act regulating the leasing outof penitentiary convicts by the Governor, and authorizing him to make contracts in relation thereto.

The following bill was recommitted to the Committee on the Judiciary :
A bill making it the duty of freeholders, or their

520

JouRNAL oF THE HousE.

agents, .to return the names of all tax-payers residing upon their premises on the first day of April.

The following bill was recommitted to the Committee on Military Affairs:
A bill to establish in the State of Georgia a military system for volunteers.

The following bill was read the second time :
A bill to provide for the election of a keeper of the Executive .Archives; to prescribe his duties, and for other purposes.

M:r. Harrison offered a resolution fixing the hours of meeting at 8 o'clock A. ~r., and of adjournment at 1 o'clock P. M.

Mr. M:cWhorter moved as a substitute that the hours be 9 A. :\L and 1:30 P. l\L
The substitute was adopted in lien of the original, and, on motion, lost.

M:r. King moved that on and after Monday, the 7th inst., the Honse meet at 8 o'clock A. liL, and adjourn at 1 P.M.

Mr. Turner, of Coweta, moved to strike out 8 and insert 9.

Mr. Harrison moved to amend by striking out 8 and inserting 8:30.

Mr. Strother moved as a substitute that from and after the passage of this resolution, the House meet at 9 A. :u., and adjourn at 1 P. l\L
The substitute was adopted.

Leaves of absence were granted to Messrs. Awtry, Kendrick, McRae and \Vall on account of sickness,

THURSDAY, JULY 3, 1879.

521

and to Mr. Westbrook, on account of urgent business.

The House then adjourned till to-morrow at 9 o'clock
A.. M.

ATLANTA., GEORGIA..,
Thursday, July 3, 1879.
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. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved
Mr. Adams, of Chatham, offered the following resolution, to-wit :
Resolved by the Senate and House of Representatives, the Senate concurring, That the Senate and House of Representatives do meet in joint session at 12 o'clock ~r., this day, for the purpose of electing Judges for the Superiqr Courts for the following circuits, to-wit:
For the Eastern Circuit, to fill the unexpired term of H. B. Tompkins, resigned.
For the Brunswick Circuit, to fill the unexpired term of Ron. J. L. Harris, deceased.
The same was read and adopted, and ordered transmitted forthwith to the Senate.
34

522

JOURNAL OF THE HOUSE.

Mr. Yancey, chairman of the Committee on Privileges of the floor, offered a resolution, approved by said committee, tendering the privileges of the :floor to Hon. Francis Fontaine.
Agreed to.

Mr. Miller, of Houston, moved to take from the table all bills tabled previous to the adjournment in December last, and put them in order.
The motionlprevailed.

The following bill was then taken up and read, towit:
A bill to prescribe the manner of fixing the pay of jurors in every county in this State, and to require the Judges of the Superior Court to give it in charge.

Mr. Cox, of Troup, moved to lay the bill on thetable.
The motion prevailed.

The following bill was then taken up and read, towit:
A bill to carry into effect paragraph 2, section 7, article 6 of the Constitution, and to amend section 4132 of the Code.

On a division of the House, the yeas were 126, nays
1. So the bill was passed, by substitute, by the requi-
site constitutional majority.

The following bill was taken up and read, to-wit:
A bill to establish the Middle Georgia Military and Agricultural College.

On motion of Mr. Hulsey, the bill was made the special order for Friday week (11 inst.) at 10 o'clock A. 111.

'fHURSDA.Y, JULY 3, 1879.

523

The following bill was then taken up and read, towit:
A bill to authorize the Trustees of the State Lunatic Asylum to use a portion of the unexpended appropriation for tht> purpose of enlarging and improving the buildings of the asylum.

On motion of Mr. Nisbet, the bill was re-committed to the Committee on Finance.

The following bill was then taken up and read, towit:
A bill to abolish the State Board of Health.

Mr. Mynatt moved to refer the bill to the Finance

Committee.

'

Mr. Livingston moved the appointment of a special committee of seven, to consist of the physicians who are members of the House, and that the bill be referred to said special committee.

Mr. Rankin, of Gordon, moved to indefinitely postpone the whole matter.

Mr. Fort called for the previous question on the motion to indefinitely postpone the bill.
The call was sustained, and the main question or dered.
The motion to indefinitely postpone prevailed.

The following bill was then taken up and read, towit:
A bill for the redemption of land sold under tax executions ; to provide for the reconveying of the same, etc.

On motion of Mr. ~ussell, the bill was laid on the table.

524

JOURNAL OF THE HOUSE.

t

The following bill was then taken up and read, to-

wit:

.A bill to authorize common carriers to sell unclaimed freight, and to deposit the proceeds of sale.

On motion of Mr. Paine, the bill was laid on the table.

The following bill was then taken up, read and laid on the table, to-wit:
A bill for the settlement of the claim of Thomas L. Snead, of the City of New York, against the State of Georgia.

The following bill was then read, to-wit:
A bill to carry into effect paragraph 1, of section 2, of article 7 of the Constitution, which provides that certain domestic animals may be subject to taxation.

Mr. Duggar offered an amendment exempting one dog to each head of a family.
Mr. Fort called for the yeas and nays on the amendment.
The call was sustained, and on calling the roll, the vote was as follows :

'hose voting in the affirmative are Messrs.

Anderson of Morgan, Anderson of Newton, Bennett, Born, Branch, Brintle, Butt, Carr, Chambers, Collins, Cox of Harris,

Hanke, Harrell, Harrison, Hogan, Hollis, Hulsey, Humber, Hutchins, Irvine, lvey, King,

Phillips of Coffee, Phinizy, Pike, Poppell, Prescott, Puckett, Rankin, Redwine, Riden, Roach, Rogers,

TJIUB&DAY, JULY 3, 1879.

'Dickin, Dugar, Dupree, Elder, FameD, Ford, Fort, Faller, Gammage,
Gnmt, Gray, Greene of Baldwin, Greene of Madisou, Hall, Hammond, Hamiltou,

Lang, Luft'inan, Mathews, Maund, llc.Mee, McConnell, . 1\leCurry, 1\lcWhorter Milner, Kitchell, Oliver, Paine, Patterson, Paull, Perkins, PhWips of Carroll,

Russell, 9oruggs, Shannon, Sharmau, Rmith of Ogletb.arpe, Smith of Walton, Strickland, Tatum, Toole,
Vick,
Weehunt, Welch, Wheeler, Wilcox, Willingham, Yancey.

Those voting in the negative a.re Messrs.-

Adams, Anderson of Pulaski, Barksdale, Barron, Bell, Berry, Bird, Bleakley, Buchan, Burch of Laurens,
Bumh of Towns,
Cannon, Chapman, Colley, Cook, Cox of Troup, Crawford, Davis of Houston, Davison, DeLoach, Dozier,
DuBose,
Duvall,

Fitzgerald,

Fletcher,

Garrard,

Harp,:

Harris, Henderson,

Hill,

Howell of Lowndes,

Janes,



Johnson of Clay,

Johnson of Johnson,

Jordan of Wilkes,

Kirby,

Livingston,

McDonald,

1\lcGonirok,

McLucas,

l\liller of Houston,

l\ll1ler of Liberty,

Nisbet,

Northern,

Peacock,

Polhill, ,Pope,
Reese,
Roberts, Roney, Sibley,
Sikes,
Sims, Smith of Butts,
Strother.
Tarver,
Tate,
Thomas, Turner of Coweta Walters, Walton, WWiama of Columbia, Williama,!O. W.
W*llliama, F. J.
Wilson, Wright, lellner.

526

JouRNAL oF THE HousE.

Those not voting are Messrs.-

Awtry, Brannon, Brantley, Butler, Clegg, Cunningham, Daniel, Davis of Baker, Glover,

Howell of Pickens, Hudson, Jordan of Crawford, Kendrick, Kimsey, Lamb, :McRae, Mynatt, Park,

Yeas 81. Nays 67. Not voting 27.

Phillips of Cobb, Sheffield of Early, Sheffield of Miller, Taliaferro, Turner of Brook~, Wall, 'Vestbrook, Wilmot.

So the amendment w:ts adopted.
Mr. Adams moved to postpone the consideration of the bill till Thursday next, immediately after the reading of the J onrnal.
The motion prevailed.

On motion of Mr. Jordan, of 'Vilkes, three hundred copies each of the bill and the substitute, were ordered printed.
The following bill was taken up, and, on motion of Mr. Harrison, laid on the table, to wit:
A bill to provide for "the letting out of the public printing to the lowest bidder.
The following bill was, on motion of Mr. Jordan) of Wilkes, laid on the table, to-wit:
A bill to provide for the taxation of certain domestic animals, and appropriate the money to school purposes.
The following bill was, on motion of Mr. Wright, laid on the table, to-wit :

TrruRSD.A.Y, JuLY 3, 1879.

527

A bill to regulate the manner of giving in wild lands, and to extend the time for the redemption of the same where sold.

'fhe following bill was, on motwn of Mr. King, made the special order for Saturday, the 12th instant, at 10 o'clock. .A.. M., to-wit:
A bill to amend the act creating the office of State Geologist, and to providt< for a geological, mineralogical and physical survey of the State of Georgia.

On motion of Mr. Cox, of Troup, three hundred copies of the following bill were ordered printed for the use of the House, and, on motion, the bill was laid on the table, to-wit:
A bill to amend an act entitled an act to render more efficient and economical the inspection and analysis of fertilizers, and to amend the laws in relation to the inspection, analysis and sale of the same.

The following bill was then taken up and read the third time, to-wit :
A bill to re-enact and declare of force section 4573 of the Code, and for other purposes.

'l:'he report of the committee, which recommends the passage of the bill, as amended, was agreed to, and the bill passed by the requisite constitutional majority; yeas 108, nays 2.

The follow n.~ bill was then read the third time, towit:
A bill to provide for the election of a Keeper of the Executive Archives, to define his duties, and fix his salary.

And, on motion of Mr. Russell, made the speeial or-
der for Monday next, at 10 o'clock .a. :u.

528

J OURN.A.L OF THE HoUSE.

'fhe following bill was then read, and, on motion of Mr. Davis, of Houston, laid on the table, to-wit :

A bill to amend the act regulating the manner of giving in land for taxation, and the sale and redemption thereof, passed February 28, 1874, and to extend the time for redeeming such land, and to reduce the per cent., to be pa:d on redemption.

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

Mr. Speaker:

I nm directed by his Excellency, the Governor, to deliver to the House of Representatives a communication in writing:

ExECUTIVE DEP.A.RT:'t1ENT, ATLANTA, GA., July 3, 1879.

To the General Assembly:

I have the honor to inform you that on the 20th day

of March, 1879, the the Ron. Wm. B. Fleming, of the

county of Liberty, received an Executive appointment

as Judge of the Superior Courts of the Eastearn Judi-

cial Circuit to fill the vacancy in said office, occasioned

by the resignation of Ron. Henry B. Tompkins, until

the next (present) meeting of the General Assembly;

also, that on the 9th day of May, 1879, the Ron. Martin

L. Mershon, of the county of Glynn, received an Exec-

utive appointment as Judge of the Superior Courts of

the Brunswick Judicial Circuit to fill the vacancy in

said office, caused by the death of Ron. John L. Harris,

until the next (present) meeting of the General Assem-

bly.

ALFRED H. CoLQUITT,

TITURRDAY, JULY 3, 1879:

629

On motion of Mr. McWhorter, the rules were suspended for the purpo'se of taking up Senate bills for a third reading.

The following Senate bill was taken up and read the third time, to-wit:
A bill to reduce and regulate the fees and commissions of Tax-Receivers and Tax-Collectors in every county in this Stat2, and to repeal all local laws in relation thereto.
The House having p~tssed this bill by substitute, and the the Senate have refused to concur in the House amendment, Mr. Miller, of Houston, moved that the House insist on its amendment, and ask a committee of conference.
The motion prevailed.

The following bill was then taken up and read the third time, to-wit:

A bill to regulate the manner of giving in wild land for taxation and the sale thereof and for other purposes.

On motion of Mr. Mc,V"horter, the bill was laid on the table.

The communipation from his ExcellP.ncy, the Governor, was then taken up and read.

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

Mr. Speaker :

The Senate has adopted the House resolution to convene in session to elect Judges of the Brunswick and Eastern Circuits to-day at 12 o'clock M.

530

JouRNAL o THE HousE.

:Mr. Wilson, chairman of the Committee on the Penitentiary, submitted the following report:

Mr. Speaker:

The Committee on the Penitentiary have elected Hon. J. M. Wilson, of the county of Campbell, chairman of said committee, and they request Hon. J. L. Hamilton, of DeKalb, be added to said committee.
JAMES M. WILSON, Chairman.

The following bill was then read, and, on motion, laid on the table, to-wit:
A bill to carry into effect paragraph 18, section 7, article 3, of the ConstUution, by, prescribing the manner in which corporate powers may be granted.

At the request of the committee, Mr. J. L. Hamilton was added to the Committee on the Penitentiary.

Mr. Harrison offerred the following resolution, which was read anu agreed to, to. wit:
Resolved by the House of Representatives, the Senate conc:urrin.q, That the Committees on the Lunatic ..Asylum, acting as a joint committee, inquire into and report to the General Assembly, by bill or otherwis.., and as soon as practicable, whether there are not many inmates in that institution, who are not proper subjects for treatment therein ; and if the large nnmber now in the .Asylum cannot be diminished by the immediate discharge of all who are not insane, idiotic or epileptic, in order that room may be made for many -proper subjects who are now confined in the common jails throughout the State.

Mr. Reese, of Floyd, offered a resolution that. when this House adjourns to-day, it ad,journ to meet at 10 o'clock Monday next.

THURSDAY, JULY 3, 1879.

531

Mr. Turner, of Coweta, moved to amend by inserting 9 o'clock Saturday morning, in lieu oflO o'~lock Mon-
day. The amendment was adopted, and the resolution, as
.amended, agreed to.

The following Senate ~ill was read the third time and passed, by t.he requisite constitutional majority; yeas 120, and nays none, to-wit:
A bill to prescribe the manner of allowing insolvent lists of Tax-Collectors.

The following Senate bill was then read the third time and passed, by the requisite constitutional majority; yeas 105, nays none, to-wit:
A bill to provide for the filling of vacancies that may occur in the officP of Governor.

In accordance with the joint resolution adopted today, the Senate and House of Representatives convened in General Assembly in the ball of the House of Representatives at 12 o'clock noon, and the joint session was called to order by the President of the Senate, who announced that the object of the joint ses-sion was to elect a Judge for the Eastern Circuit to fill the vacancy caused by the resignation of Hon. H. B. Tompkins, and also a Judge of the Brunswick Circuit, to fill the vacancy caused by the death of Ron. John L. Harris.

The election for Judge of the Eastern Circuit was first in order.

For this position Mr. Russell, of Chatham, nominated Ron. William B. Fleming, of Liberty county.

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

532

JouRNAL OF THE HousE.

Those voting for Mr. Fleming are Messrs.-

Boyd, Bower, Bryan, Cabaniss, Candler. Casey, Clarke, Clements of the 15th, Clements of the 44th, Clifton, Cumming, Drake, DuBose, Duncan, Fain,

Folks, Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins, Head, Hodges, Holcombe, Holton, Howell, Hudson, Lumpkin,

W. B. Flemming 43. Not voting, Mr. Speer.

McDaniel, McLeod, Perry, Preston, Russell, Simmons. Staten, Stephens, Tison of the 4th, Tison of the 10th, Troutman, Turner, Wellborn, Mr. President.

The roll of the House was called and the result as follows:
Those voting for Mr. Fleming are Messrs.-

Adams, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Barksdale, Barron, Bell, Bennett, Berry, Bird, Bleckley, Born, Branch, Brantley, Brintle, Buchan, Burch of Laurens, Barch of Towns,

Gray, Greene of Baldwin, Greene of Madison, Hall, Hammond, Hamilton, Hanks, Harrell, Harp, Harris, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Hulsey, Humber,

Perkins, Phillips of Carrol Phillips of Coffee, Phinizy,; Pike, Pope, Poppell, Prescott, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell,

THURSDAY, JULY 3, 1879.

Butt, Cannon, Carr, Chambers, Chapman, Clegg, Colley, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, Dozier, DuBose, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant,

Hutchins, Irvine, lvey, Janes, Johnson of Clay, Jordan of Wilkes, Kimsey, King, Kirby, Lang, Livingston, Luffman. Mathews, Maund, McAfee, McConnell, McCurry, McDonald, McGouirck, McLucas, McWhorter, Miller of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Patterson, Paull,

Shannon, Sharman, Sibley, Sikes, Sims, Smith of Butts, Smith of Walton, Strickland, Strother, Taliaferro, Tate, Tatum, Thomas, Toole, Turner of Coweta, Vick, 'Valters, walton, Weehunt, Welch, Wheeler, Wilcox, Williams of Columbia, Williams, C. W. Williams, F. J. Willingham. Wilson, Wright, Yancey, Zellner. Mr. Speaker.

Those not voting are Messrs.-

Awtry, Brannon, Butler, Cunningham, Daniel, Glover, Howell of Pi~kens, Hudson, Johnson of Johnson,

Jordan of Crawford, Kendrick, Lamb, McRae, Park, Peacock, Phillips of Cobb, Polhill,

Scruggs, Sheffield of Early Sheffield of Miller Smith of Oglethorpe Turner of Brooks, Wall, Westbrook, Wilmot.

534

JoURNAL OF THE HOUSE.

Mr. Tarver voted for Mr. A. R. Lawton.

W. B. Fleming 150. Not voting, 24.

Hon. vV. B. Fleming having received 193 votes,. a
majority of all the votes, was declared duly elected Judge of the Eastern Circuit for the unexpired term of Hon. H. B. Tompkins.
Mr. Fort then nominated Hon. M. L. Mershon to fill the vacancy, caused by the death of Hon. John L. HarIis, in the J udgesbip of the Brunswick Circuit.

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

Those voting for Mr. Mershon are Messrs.-

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements of the 15th, Clements of the 44th, Clifton, Cumming, Drake, DuBose, Duncan, Fain,

Folks, Grantland, Grimes, Hamilton of the I4th, Hamilton of the 21st, Harrison, Hawkins, Head, Hodges, Holcombe, Holton, Howell, Hudson, Lumpkin,

McDaniel, McLeod, Perry, Preston, Russell, Simmons, Staten, Stephens, Tison of the 4th, Tison of the Ioth, . Troutman, Turner, Wellborn, Mr. President.

M. L. Mershon, 43. Not voting, Mr. Speer.

The roll of the House was then called, and the result

was as follows :



T:s:uRSDA..Y, JuLY S, 1879.

Thole voting for Mr. Merlhon a.re Metsrt.-

Adams,

Gray,

Amiermn of Morgan, Greene of Bald,vin,

Anderson of Newton, Greene of Madison,

Amiermn of Pulaski, Hall,

Barksdale,

Hanunond,

Barron,

Hamilton,

Bell,

Hanks,

Dennett,

Harrell,

Derry,

Harp,

Bird,

Harris,

Bleckley,

Harrison,

Born,

Henderl:on,

Branch,

Hill,

Dnmtley,

Hogan,

Drintle,

Hollis,

Buchan,

Howell of Lowndes,

Bnreh of Laurens, Burch of Towns,

HulseJ, Humber,

Butt,

Irvine,

Cau,

Ivey,

Chambers,

Janes,

Chapman,

Johnmn of Clay,

Clegg,

Johnson of Johnson,

Colley,

Jordan of Wilkes,

Collins,

Kimsey,

Cook,

King,

Cox of Barris,

X.irby,

Cex of Troup,

Luffman,

Crawfonl,

Mathews,

Davis of Baker,

Maund,

Davison,

McAfee,

DeLoaelJ.,

McConnell,

Dickin,

McCurry,

Dozier,

McDonald,

DuBose,

McGouirck,

Duggar,

McLucas,

Dupree,

McWhorter,

Duvall,

Miller of Liberty,

Elder,

Milner,

Farnell,

Mitchell,

Fit~gerald,

Mynatt,

Fleteher,

Nisbet,

Phillips of Canoll, Phillips of Caffee, Phinizy, Pike, Pope, Poppell, Prescott, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Shannan, Sibley, Sikes, Sims, Smitb of Butts, Smith of Oglethorpe, Smith of Walton, Strickland, Strother, Taliaferro, Tate, Tatum, Thomas, Toole, Turner of Coweta,
Vick, Walters, Walton, Weehunt, Welch, Wheeler, Wilcox. Williams of Columbia,

536

J OURNA.L OF THE HousE.

Ford, Fort, Fuller, Gammage, Garrard, Grant,

North em, Oliver, Paine, Patterson, Paull, Peacock,

Williams, C. W. Williams, F. J. Wilson, Yancey, Zellner, Mr. Speaker.

Those not voting are Messrs.-

Awtry, Brannon, Butler, Cannon, Cunningham, Daniel, Davis of Houston, Glover, Howell of Pickens, Hudson,

Hutchins, Jordan of Crawford, Kendrick, Lamb, Lang, Livingston, McRae, Miller of Houston, Park, Perkins,

Phillips of Cebb, Polhill, Sheffield of Early, Sheffield of Miller, Turner of Brooks, Wall, Westbrook, Willingham, Wilmot, Wright.

M. L. Mershon, 144 Mr. Tarver votE-d for J. M. Arnow. Not voting, 30.

Ron. M. L. Mershon having received 190 votes, the same being a majority of all the votes in both Houses, he was declared duly elected Judge of the Brunswick Circuit, to fill the unexpired term of Ron. John L. Harris.
On motion, the joint session was then dissolved.

Mr. Chambers moved to adjourn.

Mr. Davis, of Baker, moved to reconsider the resolution agreed to this morning, adjourning over till Saturday.

Mr. Miller, of Houston, moved to lay the motion on the table.
The Speaker ruled that' the motion to adjourn had precedence.

SATURl')AY, JULY 5, 1879

537

Mr. Williams, of Columbia, and Mr. Park, of Green, were granted leave of absence for Saturday, on account of important business. Messrs. Kimsey, Howell, of Pickens, Glover, of Twiggs, and Hudson, were granted leave of absence on accouut of sickness.

The House then adjourned till 9 o'clock A .IlL, Saturday.

ATLAN'fA, GEORGIA,
Saturday, July 5, 1871i}. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. H. H. Tucker.
'rhe roll was called and a quo1um fonnd to be present.
Mr. Harrell, from the Committee on Journals, reported the Journal of Thursday read and approved.
The Journal was then read and confirmed.
Mr. Jordan, of \Vilkes, moved to reconsider so much of the Journal as relates to the action of the House in adopting the amendment exempting one dog to each head of a family from taxation to the bill, subjecting certain domestic animals to taxation.
On motion of Mr. Rankin, the motion to reconsider was laid ou the table.
On motion of Mr. Davis, of Houston, the privileges
of the floor were tendered to vV. D. Nottingham.
35.

538

JoURNAL OF THE HOUSE.

There bein~ no House bills for a third reading, House bills for a second reading were taken ~up, and the following bills were, by permission, withdrawn, to-wit:
A bill to carry into eff~ct paragraph 2, section 7, ar-
ticle 6, of the Constitution, with reference to appeals from Justice Courts.
Also, a bill to repeal the act re.pealing sections 1041, 1042, 1043, 1044 and 1045, and re-enact said sections.
Also, a bill to amend the law, approved February 25, 1876, authorizing the lease for twenty years of the penitentiary convicts, so far as the same relates to the appointment of a physician.
Also, a. bill to prevent the obstruction of water courses.
Also, a bill authorizing and regulating trial by juries in the J uttice Courts of this State.
Also, a bill to carry int\) effect artie!~ 6, section 18, paragraphs 2 and 3, in reference to the selection of jurors.
Also, a bill to regulate and provide compensation for jurors in this State.
Also, a bill to amend section 1288 of the Code, relating to the payment of managers of elections.
Also, a a bill to amend section 610 of the Code, with reference to the persons required to perform road duty.
Also, a bill to confer upon Justices of the Peace the right to try cases of petty larceny.
Also, a bill to change section 610 of the Code of 1873, by striking out firty and inserting forty-five.
Also, a bill to regulate the practice of dentistry, and to protect the people against empiricism in relation thereto.
Also, a bill to legalize theNotarial acts of Notaries Public performed since the expiration of their commissions or appointments.
Also, a bill for the relief of disabled soldiers.

S.A'l'URDAY, JuLY 5, 1879.

539

Also, a bill to amend section 610 of tl1e Code of 1873, in relation to the road laws of this State.
Also, a bill to regulate the sale ofintoxicating liquors in this State, to prescribe the rate oflicense of the same, to define intoxicating liquors, and for other purposes.

The Speaker announced the following Committee of Conference, on the part of the House, with reference to the disagl'eement of the House and Senate on the following bill, to wit:
A bill to 1educe and regulate the fees of Tax-Receivers and Collectors, Davis, of Houston, Garrard and Phinizy.

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

Mr. Speaker:

The Committee on Finance have had under consideration a bill to be entitled an act to confer additional powers upon the Tax-Collectors of this State, and to make said Tax-Collectors ex-officio Sheriffs in certain cases, and for other purposes, which they recommend do pass, as amended.

They have also had under consideration the following House bills, which they recommend do not pass, to-wit:
A bill to be entitled an act to provide for the allowing insolvent lists for poll tax in this State.
Also, a bill to regulate the sale of intoxicating liquvrs in this State; to prescribe the mte of license for the same; to define intoxicating liquors, and for other purposes.
Also, a bill to be entitled an act to rP-quire a license of vendors or dealers in pistols, revolvel's, dirks or howe-

540

JoURNAL OF THE HoUSE.

knives, and similar weapons of a deadly character, and to prescribe a penalty for a viola.tion of this act.
.Also, a bill to be entitled an act to pay John Rice the 30 -per cent. provided by law as profits on the State printing for the year 1870.
.Also, a resolution authorizing the Governor to purchase a number of reports of the Constitutional Convention, etc.

.Also, the following Senate bill:
.A bill to be entitled an act to carry into effect section 4, article 8, of the Constitution.

The committe return the following bills, and recommend that the introducers be allowed to withdraw them, to-wit:
.A bill to be entitled an act to p::y John W. Cain, Jr., and others, of Chattooga county, two hundred dollars tor services rendered in arresting .Augustus Johnson.
.Also, an act to be entitled an act to alter and amend section 834 of the Code of 1873, regulating the manner of making tax returns.
Respectfully submitted. N. L. HurcHINs, Chairman.

The following bills were, on motion, laid on the table, to-wit:
.A bill to provide for appeal trials inJustices Courts. .Also, a bill to establish the right of appeal from one jury to another in Superior Court under article 6, section 42 and paragraph 6, of the Constitution. .Also, a bill to prescribe the manner in which courthouses, jails and bridges, and other public works, shall be erected, and for other purposes. Also, a bill to prevent guardians from encroaching upon the corpus of the estates of their wards.

SATURDAY, JULY 5, 1879.

541

Also, a bill to pay John W. Cain, Jr., and others of Chattooga county, two hundred dollars for services rendered in arresting Augustus Johnson.
Also, a bill to provide for the allowing insolvent lists for poll tax in this State.
Also, a bill to provide for the changing of county lines in the State of Georgia, in terms of article 11, section 1, paragraph 3, of the Constitution.
Also, a bill to authorize the Governor to draw his warrant on the State Treasurer for the sum of $474.55,
in favor of vV. P. Howell & Co., for publishing wild
land sales in Lumpkin county.

The following bill was, on motion recommitted to the Committee on the Judiciary, to-wit:
A bill to carry into effect section 5, of article 2, of the Constitution of this State.

The following bills were read the second time, the reports of the committees, adverse to the passage of each of the bills, were agreed to, and the bills lost, to wit :
A bill to amend section 1711 of the Code of 1873, so as to allow a verdict in divorce cases at the appearance term.
Also, a bill to prevent the firing of WO)d!:', etc.
Also, a bill to fix the time for the election of Judges of the Supreme and Superior Courts, and SnlicitorsGeneral by the General Assembly.
Also, a bill to carry into effect paragraph 2, section 1, of article 2, of 1h:1 Constitution.
Also, a bill to compel railroads in this State to fence their roads against stock.
Also, a bill to amend section 4662 of the Code, which provides that the execution of sentence of death, by banging, shall be in private.

542

JoURNAL OF TIIE HousE.

Also, a bill to authorize Sheriffd and Deputy Sheriffs to serve all civil processes issued by the J nstices of the Peace.
Also, a bill to make the act of house burning a capital offense in this State, and fot other puroses.

The following bill was read the second time, to-wit:
A bill to repeal section 3739 of the Code of 1873, and to provide that the burden of proof in claim cases shall lie upon the claimants.

On the question of agreeing to the report of the committee, which was adverse to the passage of the bill, Mr. Miller, of Houston, called for the previous q uestion.
The call was sustained, and the main question ordered.
The report of the committee was agreed to, and the bill lost.
Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the following report :

Mr. Speaker: .
The Committee on the Judiciary have had nuder consideration a resolution with reference to the introduction of local and special bills, upon which they instruct me, as their chairman, to make the following report:
The committee recommend that all local and special bills be laid, by the members of the Honse, before the committee on Local and Special Bills, and that said committee be instructed to prepare a resolution, to be submitted to the Honse, and to be passed

SATURDAY, JULY 5, 1879.

543

by a two-thirds vote, authorizing sain committee to con-

sider and report said bills to the House, notwithstand-

ing that fifteen days after the organization of this Gen-

eral Assembly have already expired, said bills to be

specified by their titles in said rPsolution.

And further, that said com::nittee may, from time to

time, consider and report such local and special bills

as may be laid before it, first obtaining the passage of a

resolution of the House, like that herein provided for,

to specially authorize the same.

The committee further recommend that this report be

adopted in lieu of the resolution referred to the commit-

tee.

H. H. TuRNER, Chairman.

The following minority report was also submitted :

H1. Speaker:
The undersigned, members of the Judiciary Committee, respectfully submit the following minority report, and ask its adoption in lieu of the report submitted by the majority of the committee, to-wit:
Resolved, That it is the sense of the House, that this being a prolongation of tile ses;;iou of 1878, and the first fifteen days of the session having elapsed, no local or special bill can be introduced or considered at this session, unless the House, by a two-thirds vote upon each bill presented, direct its reference to the Committee on Local BlllR without being rPad; or, unless the House, by a like v....te, order the bill to a first reading, and then its reference to the Committee on Local Bills, or to some other appropriate committee.
ResobJed, That members presenting local or special bills will do so in the manner prescribed in Rule 43 of

544

JOURNAL OF THE HoUSE.

of the Honse for the introduction of -petitions, memo-

rials, etc.

FoRT, of Sumter,

TuRNER, of Coweta,

HARRISON, of 8tewart,

DAvis, of Houston,

PIKE, of Jackson,

J. E. STROTHER,
w. LUFFMAN,

DePREE, of Macon,

I. H. PoLHILL,

GRAY, of Catoosa.

Mr. Livingston moved to take up the majority and minority reports from the Judiciary Committee on the question of the introduction of local bills.

Mr. Harrison moved the adoption of the resolution contained in the minority report.
On motion of Mr. Hall, the consideration of the whole matter was postponed till Monday next.
The following bill was read the second time, to-wit :
A bill to prohibit banks, trust and loan companies, incorporated under the laws of this :::ltate, or doing business in this State, private banks, and other companies, in0orporated or unincorporated, from contracting for more than lawful interest, and to prescribe a penalty for the violation thereof.
Mr. Cook called for the previous question on the question of agreeing to the report of the committee, which is adverse to the passage of the bill.

The call was sustained, and the main question ordered.
Mr. Fort, of Sumter, called for the yeas and nays.

SATFRDAY, JULY 5, 1879.

545

The call was sustained, and, on the question, the vote was as follows :

Those voting in the affirmative are Messrs.-

Anderson of Morgan, Anderson of Pulaski, Barron, Bennett, Berry, Bleckley, Branch, Butler, Chambers, Chapman, Clegg, Cox of Troup, Crawford, Dickin, Dozier, Duggar, Dupree, Duvall, Fitzgerald, Fletcher, Fuller, Garrard, Glover, Hall, Hamilton, Harp,

Harris, Harrison, Henderson, Hogan, Hulsey, Humber, Ivey, Johnson of Clay, Lamb, Lang, l\fathewR, McConnell, McDonald, McGouirck, Miller of Houston,' Miller of Liberty, Milner, )fynatt, Nisbet, Northern, Oliver, Paine, Paull, PhillipR of Carroll, Phinizy, Pike,

Polhill, Pope, Roach, Roberts, Rogers, Roney, ' Russell, Sharman, Sibley, Smith of Butts, Smith of Walton, Strickland, Tarver, Thomas, Toole, Turner of BrookR, Turner of Coweta, walters, walton, Williams of Columbia, Williams, C. W. Williams, F. J. Willingham, Wilson, Wright, Yancey.

Those voting in the negative are Messts.-

Barksdale, Bell, Bird, Born, Brantley, Brintle, Buchan, Burch of Laurens, Barch of Towns, Butt,

Grant, Gray, Greene of Baldwin, Hanks, Harrell, Hill, Hollis, Howell of Lowndes, Janes, Johnson of Johnson,

Perkins, Phillips of Coffee, Poppell, Prescott, Puckett, Rankin, Redwine, Scruggs, Shannon, Sheffield of Miller,

546

JouRNAL o~ THB HousE.

Carr, Cook, Cox of Harris, Davis of Houston, Davison, DeLoach, Elder, Farnell, Ford, Fort, Gammage,

Jordan of Wilkes, King, Livingston, Luffman. Maund, McAfee, McCurry, McWhorter, Mitchell, Patterson, Peacock,

Sikes, Strother, Taliaferro, Tate, Tatum, Vick, "\Veehunt, Welch, wheeler, Wilcox, Zellner.

Those not voting are Messrs.-

Adams, Anderson of Newton, Awtry, Brannon, Cannon, Colley, Collins, Cunningham, Daniel, Davis of Baker, DuBose,

Greene of Madison, Hammond, Howell of Pickens, Hudson, Hutchins, Irvine, Jordan of Crawford, Kendrick, Kimsey, Kirby, McLucas,

Yeas, 78. Nays, 64. Not voting, 33.

McRae, Park, Phillips of Cobb, Reese, Riden, Sheffield of Early, Sims, Smith of Oglethorpe, Wall, "'Westbrook, Wilmot.

So the report was agreed to and the bill was lost.

On motion of Mr. Hall, the rules were suspended and he was allowPd to introduce the following hills, which were read the first time and referred to the Committee on the Judiciary :
A bill to prevent the forfeiture of recognizances in criminal cases, except when the prosecuting officer is ready for trial, and for other purposes.
Also, a bill to provide for the recording of certain deeds; to prescribe the effect of a failure to record such deeds, and for other purposes.

S.ATURDAY, JUJ,y 5, 1879.

547

Also, a biJl to regulate and restrict the rate of interest in this State ; prescribe a forfeit for overcharge of interest, and for other purposes.
Also, a bill to amend the act em powering Judges of Superior Courts to appoint Stenographic Reporters, and to define their duties and fix their fees, and for other purposes.
Also, a bill to prescribe the time for serving declarations at common law; provide for appeals from the verdict of one jury to another; to prescribe the mannanner of trying other issues, and for other purposes.

Mr. Wright, of Richmond, offered a resolution, which was read and agreed to, to-wit:

A resolution-

To instruct the Public Printer to furnish 250 copies of the J orrrnal of the proceedings of the November and December session of the House, for the use of members of the House, as soon as the same can be gotten ready.

Leave of absence was granted to Mr. Hall till Thursday next, on account of important business. Leave of absence was granted to Mr. Dicken until Wednesday next, on important business; and to Mr. Hammond, for to-day, on account of important business.

The House then adjourned till Monday at 9 o'clock
A. ?II.

548

JOURNAL OF THE HOUSE.

ATLANTA, GEORGIA.,
Monday, July 7, 1879. The House met pursuant to adjournment, was called to order by the Speake:r, and opened with prayer by the Rev. H. H. Tucker.
The roll was called and a quorum found to be present.
Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal was then read and approved
Mr. Davis, of Houston, moved to reconsider so much of the Journal as relates to the action of the House upon a bill to prevent banks, loan and trust companies and private bankers from taking more than lawful interest, and to prescribe a penalty therefor.
Mr. Wright moved to lay the motion on the table.
On this question Mr. Harrison called for the yeas and nays.
The call was not sustained.
The motion to lay on the table was lost.
Mr. Jordan, of Wilkes, called for the previous question.
The call was sustained and the main question ordered.
The motion to reconsider prevailed.

MoNDAY, JuLY 7, 1879.

549

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

11-Ir. Speaker:

The Senate has adopted the following bills, and asks the concurrence of the House therein, to-wit:
A bill to be entitled an act to amend section 3293 of the Code concerning attachments for purchase money.
Also, a bill to be entitled an act to provide for the return of special taxes by the collectors of this State.
Also, a bill to be entitled an act to amend section 3962 of the Code as to the county in which mortgages on realty shall be foreclosed.
Also, a bill to be entitled an act to prescribe the manner of fixing the compensation of jurors in all counties of this State.
Also, a bill to be entitled an act to restore in the Code the true name of the writ, whereby the judgment of the Supreme Court is remitted to the court below.
Also, a bill to be entitled an act to define the crime of poisoning.
Also, a bill to be entitled an act to exempt from taxation such property and persons as paragraph 11, section 11, article 7, of the Constitution authorizes to be exempted.
Also, a bill to be entitled an act to restore the offices of Tax-Receivers and 'rax-Collectors in all counties where, by law, such offices are held by the same person.
Also, a bill to prescribe the manner by which county lines may be changed.

The following majority and minority reports of the Special Committee on Wild Lands were submitted by Mr. Davis, of Baker :

550

JouRNAL Ol!' THE HousE.

:MAJORITY REPORT.

To the General Assembly:

In accordance with a joint resolution approved December 11, 1878, we organized as the committee appointed under said resolution on the 13th of December, 1878. The investigation required ot us was so extensive in its scope and magnitude, that we found it utterly impossible to do the work satisfactorily and properly, unless we devoted more time and attention to it t.han we could, in all probability, give to it during the present actual session of the General Assembly. We, therefore, adjcurned to meet in Atlanta on the first Monday in J nne, 1879.
We accordingly met at the Capitol, and have, from that time to the present, been engaged in examining witnesses, papers, and the records of the wild land office .
.We have kept a complete brief of the oral testimony given in before us, together with such statements of records and papers as we thought might cast light on the subject, which we have transmitted to the Houseof Representatives, where the resolution appointing us originated.
We, a majority, beg leave to submit the following conclusions as the results of our investigation :
I. As to "the number and against whailots of lands, giving the number, district and county, for what years taxji. fas. have been issued by the Comptroller-General of this State, and whether legally issued or not," we called upon the Comptroller-General for a statement, as will be sePn from our correspondence with him, . which is filed with the brief of evidence, and he re-
ported to us that he had issued 20,525 fl. fas. for the
years 1874,. '75, '76 and '77.

J\IOND.AY, JULY 7, 1879.

551

This is a consolidated statement, and not itemized, as required by the resolution, the Comptroller-General explaining that l1is office was one of record and not of book-keeping, and that it would, therefore, require a very long time and a great amount of labor, to make the statement as required.
We endeavored faithfully for several days, with the assistance of a skilled accountant, whom we employed for the purpose, to verify this statement; but owing to
the facts that, in some instances, more than one fl. fa.
issued against the same lot of land, that the taxes on some of the lots were paid, after the check marks (in-
dicating the fl. fa.) were entered against them, and
that these particulars were kept in the office and treated as mere matters of record, and not of account, we could not verify it withouc tracing each lot of land from one book to another, and from year to year.
These remarks apply only to the years 1874, '5 and' 6. The book now used in the office, containing the transactions concerning the taxes for the year 1877, is a most admirable and ready reference.
As to whether these fl.fas. were legally issued, we think they were, in all cases where the land was in default of both return for taxes and payment of taxes, except in this: that the act of1874, page 105, section 7, requires that the fl.fas. "shall be directed to the Sheriff of the county where the land lies, whereas thesefl.fas. were directed to all and singular the Sheriffs of said State."
As to how far this departure from the statute will af. feet the validity of the fl. fas. we are not prepared to express an opinion.
In many instances, lands whichfl.jas. have issued against, have been given in to the receivers of tax returns in the counties, who negligently made no report of it to the Comptroller-General ; and, in some in-

552

JOURNAL OF THE HOUSE.

stances, mistakes were made in the wild land office, and fi.fas. were issued against lands not in default.
In all such cases, theft.fas. are void, and no title could pass by any sale under them, because they were not in fact against unreturned wild lands.
We will state two instances ot the illegal issue of ft. fas. by the Comptroller-General, on account of the large number of lots, and the vast number of interests, involved:
1. The book in the wild land office, known as the "general tax book," in which returns were made to the Comptroller-General are entered, shows that 322lots of land, in various counties of the State, were given in by Raundo & Co., of New York, and Fox & Co., ofBalti- , more, and taxes paid by them on thA 14th day of June, and the 7th day of August, 1875, (part on each date), for the year 1874. In looking over the Sheriffs' returns to verify a statement of all the ft.fas. transferred to D. Lott, previously made to us by the Comptroller-General in compliance with our call upon him for such statement (and which statement is attached to the brief of evidence), we discovered that Lott had more lots sold than the number of ft. fas. he was charged with in the wild land office. Investigation revealed the fact that the ft: fas. he was not charged with in the wild land office were ft.fas. against the lands of Raundo & Co., and Fox & Co., which were not in default, having been regularly given in to the Comptroller-General, and taxes paid, more than two years before the issuance of the ft.jas. vVe at once called upon the Comptroller-General for an explanation, and he furnished us with an additional statement of the ft. fas. transferred to Daniel Lott, which statement is also attached to the record, and to which we call special attention, and explained that he kept this list in a separate book in his safe, (a copy of which book, it contain-

MOMDAY, JULY 7, 1879.

553

ing o~lythis transaction, is also attached to the record), and that he issued theji.fas., and transferred them to Daniel Lott, because he (Lott) had paid the taxes as agent in 1875, and claimed theseji.fas. for his protection; and that he might indemnify himself for the money he paid. For all these explanations and transactions, we refer to the brief of evidence, and copy of records thereto attached, and respectfully call your at-
tention to them. The committee made diligent search fo:J;" Raundo & Co., and Fox & Co. They telegraphed to Fox & Co. at Baltimore. The telegraph company reported back to us that no such people as Fox & Co. were known in Baltimore. vVe ascertained that Raundo & Co. haCI. been an .Atlanta firm, who went into bankruptcy in 1871. Two of the firm now reside in the city of. .Atlanta, and have resided here from that time ; the other lives in Louisiana. They did not own these lands. They testified that they never gave any one authority to give in lands or pay the taxes, and that they had never heard of Dr. Lott until asked of him on examination. The record shows that the Comptroller-General trans-
ferred to Daniel Lottfl. fa.<J. against 228 of these lots.
We cannot pass this transaction by without expressing the opinion that the issuing and transferring of theseji.fas., by which Dr. Lott got control of overl00,000 acres of land, was without the slightest shadow of authority under the law, and was positively contrary tolaw.-Cooley on Taxation, 322; Reading vs. Finney, 73 Penn. Rep., 467; Martin vs. Snowden, 18 Gratt., 100; Bennett vs. Hunter, 9 Wal., 326. Lott testified that he paid the tax for the sole purpose of getting possession of the land. The Comptroller-General claims that he knew nothing of the frauds perpetrated in the matter.
2. 'rhe same record shows that T. H. '\Valsh & Co., of New York, in 1875, gave in and paid taxes on fifty lots
35

554

JouRNAL oF THE HousE.

for the year 1874, in various counties of the State, but
by some oversight or mistake in the wild land office fl.
fas. issued against these lots for the taxes of 1874, and many of them were sold. These.fi.fas., and the sales under them are void for the reasons already given. We have attached a list of these fifty lots to our record.
II. As to the number G>fji.fas. transferred, we refer to the statements made by the Comptroller-General to the committee, already alluded to. The remarks we made in the first section of our report as to books, etc., are applicable to this. There is no separate or distinct record of the amount of aft. fa. kept in the office. It
can only be ascertained by tracing its history, i. e., by
ascertainine- first whether it is issued for one, two, or three years, (which is done by examining the digest for these years) ; then by ascertaining the rates of taxation in the State and in the county where the land lies for those years; then double the same, and it gives the amount the.fi.fa. ought to have been issued for. Thus requiring considerable time and research in any single instance, and rendering it impossible for us to examine the whole issue. As the names of transferees of wild land fi.fas. are already of record, we made no list of their names, as it would be too voluminous, and because many whose names appear on the books as transferees
of fl. fas. were such not for speculative purposes, but because thep took up fl. jas. against their own lands,
in many instances, to relieve them from default. The testimony shows that the face value, that is the tax and cost of fifty cents on each.fi.fa., was paid to the Comptroller-General when they were transferred, except on the Raundo & Co. and Fox & Co. lots, for which only the sum of fifty cents per lot, as cost, was paid, the taxes having been paid in 1875.
We are called upon, by this clause of the resolution,
to report whether the transfer of these fl. fas. was legal-

MoNDAY, JuLY 7, 1879.
ly made. The importance of this question has caused us to give it most careful consideration. vVe have ascertained the facts, and consulted the best authorities accessible that we could find. vVe have endeavored to comprehend the history of the various acts on wild lands, and especially the act of 1874, under which these fl.j'as. issued, that we might gather, not only from the context, but from contemporaneous facts ani circumstances, the real meaning and intention of the Legislature. After the most careful consideration we could give it, we have come to the conclusion that the transfer of wild landfl.j'as. by the Comptroller-General is unauthorized by law. He cites the opinion of the Attorney-General on this subject. This opinion is set out in full in the testimony of the Comptroller-General. It merely decides that these fl.fas. are transferable by the officer whose duty it is to enforce them. It does not decide that the Comptroller-General is that officer, though we believe that it was understood by the AttorneyGenel'al and the Comptroller-General that the opinion was intended to and did cover that point. vVith great deference to the learning and known ability of the Attorney-General, we think that opinion error-one of those errors that any man, however learned he may be, is liable to make. The act of 1874 authorizing the issuance of these fi.fas. requires that they be issued against the land, and not against the persons owning the land. This fact alone would prevent their transfer by any one, and section 891 of the Code, which is cited by the Attorney-General, as the authority for the transfer, does not point to, and cannot control thesefl.fas., because that section relates to executions against persons. This section 891 of the Code limits the power of transferring tax ji. fas. issue(l against persons to thP. enforcing officer. The Comptroller-General is not such an_ officer, he cannot levy and sell, he can only issue it.

556

JOURNAL OF TIIE HOUSE.

Even this act of 1874 requires thosefl.fas. to be executed by the Sheriff of the county where the land lies when it commands that thPy be directed to that officer. It is contended that the Comptroller-General is an officer whose duty it is to enforce the execution, because
he can control the ft. fa. by ordering the levy and sale
or by suspending the sale. Even if this were true, a sufficient reply would be that the plaintiff in an ordinary execution could do the same, but he cannot execute the writ. He must appeal to the officer to whom it is directed under the law. "\Vitbout such officer there could be no Lnforcement of theft. fa. But their premises are wrong, for the CQmptroller-General is vested with no discretion. His duties are marked out by the act, and he must pursue them without deviation. He has no control over the time, place or manner of the sale. That is with the Sheriff under the law. He cannot suspend, or postpone the sale by the Sheriff under these fl. fas. The Governor alone can do that, and he only for a limited time. Code, section 75.
These reasons are sufficient, in our opinion, to establish the fact that the Comptroller-General could not
transfer thefl.j'as., but the great question is, were the fl. fas. transferable at all~ 'V"e think not. The history of all the wild land tax legislatiOn in Georgia demonstrates the true intent and meaning of the act of 1874. All previous acts failed to provide sufficient protection to the true owners, and the evils likely to grow out of the enforcement of those laws were so apparent that they were never enforced. The Executive, from time to time, suspended their enforcement, and they were all repealed on maturer thought.
The Legislature of 1874, tu obviate the difficulties of the previous acts, as to a proper protection to the owners, who, in many cases, were unrepresented estates, widows, orphans, and lunatics, passed this act, throw-

MONDAY, JULY 7, 1879.

557

ing every safe-guard around the rights of the true owners and the State, (for the State is the true owner of many hundreds of these lots,) by requiring the Comptroller-General to keep a complete record of the "numbers of all such lands, and the amount of taxes collected thereou, and to whom sold," and requiring him to receive the purchase money and pay it to the true owner on his making satisfactory evidence of his title to the Comptroller-General. The Comptroller-General is required, by every construction of the act, to watch .and protect the interests of the owners. He is a trustee for their protection. By no principle of law or policy could he transfer this trust to an irresponsible stranger. If the State could part with all its powers and rights by
a transfer of the fl. fas. as claimed, why require the
Sheriff to make returns to the Comptroller-General~ The act requires the Comptroller-General to keep up with the history of every lot he issues afi.fa. against. It is beyond human power to do this if thefi.fxs. are in the hands of hundreds of unofficial speculators, as they now are. The act clearly contemplates no power or agency between the Comptroller-General and the Sheriff, but provides for direct intercourse between these officers. Any transferee coming between them is an interloper, and an enemy to every interest of the State and its citizens.
In stating these views, we deem it proper to go further, and say that no title did or could pass at any sale had under transferredji.fas. There are two good reasons for this, outside of all questions of fraud:
First, those sales are conducted by, and dictated as to time, etc., by unauthorized parties, who had no power to represent the State and the true owners, as they seemed to do, manipulating the sales and all their consequences to suit themselves, and whose interests are in direct conflict with the interests of the true own-

558

JouRNAL oF TIIE HousE.

ers of the land and the State. We assi rnilate these transferees to a stranger who unlawfully gets -posses-
sion of a fl. fa. and forces the defendant's property to
sale, without the consent of or authority from the plaintiff, who is especially interested in the results of the sale, and which is known to purchasers at such salt>, as all purchasers are bound to know at the sales.
'rhe second reason we allude to, why these sales wertl void, is, that when .these transferees paid the tax to the Comptroller-Geenral, such payment instantly b3came an extinguishment of the State's claim for taxes and the power to sell for such taxes forever extinguished. It was a payment of the taxes, because the receipt of the taxes was the extent of the Comptroller-General's authority, and "a payment of the tax, whether by the owner or any one else, will void the sale." 73 Penn. Rep., 467, and the other authorities above cited.

TVe find from the evidence that the Comptroller-Gen-
eral charged on each and every fl. fa. the sum of fifty
cents for costs. We have examined all the laws of this State bearing on this subject, and find no authority for such a charge. The fee bill of tht> Comptroller-General contains no such item. The act of 1874 makes no pro-
vision for it.

The Comptroller-General, however, cites various letters of gentlemen connected with the passage of the act of 1874, as to the intention of the Legislature to permit the charge, but they do not satisry us, or even cause us to doubt. He mainly relies on the act of 1875, page 15th. This act is on the subject of railroad tax, and does not touch this subject even by analogy-besides this is a negative or ambiguous statute, and does not contain that expTess dPlPgation of right to tax costs as is required by law : " All officers charging costs and exacting its paym 'nt from t.he pocket of the citizen

MoNDAY, JuLY 7, 1879.

559

must always show the authority of the law to do so." 11th Ga. Rep., 643.; 2d Kelley, 240; 9th Ga., 109.
A majority of the committee, Mr. Russell and Mr. Strickland dissenting on legal principles, recommend, that notwithstanding there is no fee prescribed by law to the Comptroller-General for issuing ji.fas., that he be allowed the same pay as the Tax-Collectors for similar services.
The Comptroller-General has treated this cost of 50 cents per ji.fa. as his perquisites. We do not think that this is in accordance with the law but is against it. Section 100 of the Code provid.es that all fees charged by the Comptroller-General shall be by him paid into the Treasury. We know of no repeal of this law, applicable to the costs.

We have made as thorough an investigation as we could, in the time we had, as to whether any of the public officers of the State were interested in any of these ji.fas. and sales. We could find no evidence that the Comptroller General had any interest in the transactions except his charge for costs. But we are pained to
have to report that Dr. A. J. Bell, a clerk in the wild
land office, and who was the active, managing party to the transfer ofji.fas. who principally kept the records and conducted the correspondence on this subject, was engaged in the speculation. To what extent, we are not fully satisfied. The testimony connects him with many lots up to a certain point; he then disappears. In one instance he used a fictitious name on the record as transferee, and thereby reserved the lots charged to this fictitious person for his own benefit. He kept about fifteen choice lots from falling into the hands of other people by tra,nsferring them on the books to W. T. Highsmith, who is a fictitious character. He afterwards transferred them to B. F. Bigelow, reserving for him-

560

jOURNAL OF THE HOUSE.

self a half interest in them. The evidence discloses all the ?ninutice qf this transaction.
We take occasion here to say that no suspicion can attach to either Mr. Wright or Mr. Hardeman, clerks in the Wild Land Office, in any of the wild land transactions; their conduct has been proper and right in every point we investigated. vVe respectfully refer to the evidP-nce on this subject.
The proceeds of these sales had under these fl. fas.
have in a majority of cases been absorbed wholly or in part, by the transferees either by charging against the fund arising from the sale excessive costs, which they did not pay, or by pretending to be the true owners of the land, and inducing the Sheriffs to turn the excess over to them .as such true owners, and in many instances by combining both ways. The Sheriffs permitted them to do this under a circular issued by the Comptroller-General to them, da.ted November 1st, 1877, instructing them, as follows : "In ~u wild land sales, the P.Xcess of money, over and above taxes and all costs, must be paid over to the owner of the lands, if to be found at the time of the sale ; or if the owner is not to be found, then said sum of money in excess of taxes and costs must be sent to me to be deposited in the Treasury to the credit of the owner as a trust fund."
Taking advantage of these instructions of the Comptroller-General to the Sheriffs, in some instances, transferees would gather up any kin 1 of titles, however fictitious or fraudulent, made for the express purpose, and present them to the Sheriffs, and under them, claim the entire proceeds of the sale.
They yet hold these moneys-in some cases, large amounts. As an instance of this, we refer to the evidence showing that the transferees in Dodge county retained an excess of $9,142.92, and that Dr. Lott has re-

MoNYJAY, JuLY 7, 1879_

561

tained the entire proceeds of the sales in twelve counties.
But the most common way of defrauding the true owners and the State, has been in excessive charges for costs. In almost every instance, the transferees have made contracts with newspapers to do the advertising, by the square, thus getting it done for about-ten cents a lot, and when they settled with the Sheriff or the State, they deducted from the proceeds of the sale, from $2.50 to $5.00 a lot; generally $4.00 being charged.
This is, '"of course, illegal. There is no law fixing the printer's fee. Whatever is actua1ly and in good faith -paid for advertising a levy can be taxed as costs against the defendant in ji. fa., in these cases, against the fund arising from the sale of the land and no more.
They also made contracts with Sheriffs to have the sale made for a. small proportion of the usual costs for Sheriff's levies and sales, and they charged in their settlements full Sheriff's costs, and in many cases more. Sometimes they would charge $2.00 for a levy of one of thoseji.j'as., when the act of 1876 expressly fixes it at thirty-tive cents. In many instances they would charge $3.50 for making a deed, they being the purchasers, and seventy-five cents for recording the deed.
As an instance of this, we refer to the Sheriff's return of the sale of lauds under Mr. Garmany's ji.fa,s. in Terrell county. \Ve believe that every officer and person acting in these sales, if he were acting legally, is bound to render a true account to the true owner or to the State when called on so to do. They would be quasi trustees for the true owner, or the State, as the case may he, and cannot charge a pl'ice greater than that paid for any services.
It has been impossible for us to ascertain the amount of this excess in the bands of the various transferees. It would require the committee many months to ascer-

062

JOURNAL OF THE HOUSE.

tain it. It would require a calculation as to each and every lot of land. This is all in a sea of chaos and a world of confusion. It can never be straightened. The transferees were in nearly every instance the purchasers at sales had under fl.fas. transferred to them.
While we are on this subject, we respectfully call your attention to that circular of the ComptrollerGeneral to Sheriffs above alluded to. The act of 1874, section 8, expressly charges the Comptroller General with the duty of deciding who those true owners are. It is ail official duty cast upon him that he cannot delegate to Sheriffs. Much of the confusion that has grown ont of these wild land matters is directly at tributable to this circular.
vVe find a great many frauds of various species and kinds practiced by these tranferees and others at sales.
In many instances they hulled and beared the market by many unlawful means and devices too numerous to mention in this report. The evidence discloses many of them. We are satisfied that a volume of evidence
of such frauds could be gathPred. We were compelled to pass over a great many evidences of this kind, because we had _not the time to include t}lem in
our investigations. 'Ve only include fair examples of them. To unearth them all would be an endless task; for, as one of the heaviest transferees himself expressd it, while testifying before our committee, "the land sharks went every man for himself, and the devil take the hindmost."
There is no record of sales in quite a number of counties, in the Comptroller-General's office, the transferees and Sheriffs having made no returns or settlements with that officer. In some counties sales were made by the Sheriffs, for the transferees, without first making levies, anit without even having the fl. fas. in hand on day of sale. The Comptroller-General has

MoNDAY, JuLY 7, 1879.

563

allowed these excessive costs to be deducted by the transferees, notwithstanding he was informed of their proceedings. He TPplied to complaints made to him on the subject that he had nothing to do with it.
We think the primary cause of all these frauds and troubles are attributable directly to the misapprehension of the law, for had the law been fully administeTed in its letter and spirit, the frauds could not have been committed and there would have been no confusion. And if perchance the courts or the Legislature should hold valid or ratify these sales, we see no reason why the Comptroller-General would not be liable to the State, on his official bond, for all these moneys in the hands of the transferees or others. The State cannot condescend to litigate with these hundreds of people now holding this money, but should in the event alluded to. look directly to the officer whose mistakes diverted it from the treasury, leaving him to look to the people he dealt with for his indemnity.
'Ve are called on by this resolution to report concerning the moneys arising from the wild land transaction. vVe, therefore, called on the ComptrollerGeneral for a statPment of amounts received from this source, and he reported that he had received from September 1, 1877, to June 1, 1879, $43,713.14, and that he paid out $33,029.08, leaving in his hands $10,684.06. We find that he has paid out to these transferees, $8,176.26 in redemption of fl. f'as. he had previously sold and tr:msferred to them, without any warrant from the Governor, but on his own responsibility, and yet holds in his own hands this balance of $10,684.06 to pay out the same way.
W P, a majority of the committee, (Mr. Maund dissenting from this clause of the report) think this is an open violation of the Constitution and the laws of this State. This money became public money the moment

564

J OURNA.L OF THE HOUSE.

it passed into his hands, and could only be paid out as the law directs, i. e., upon the warrant of the Governor, countersigned by the Comptroller-General, and paid by the Treasurer-and then only upon appropriation first made for that purpose, by the Legislature.Art. 3; Par. xi; Const. 1877. Code 76.
If the law gave the Comptroller-General authority to make these trades with the transferees, as he contends, it certainly gives him none to cancel them with the public money. This matter ought to be closely looked into, as there is no check on the actions of the Comptroller-General, and is rendered doubly important by the fact that no cash book is kept in the wild land office-nothing but stubs of receipts.
It may be necessary for us to say something of the_ expense we have incurred in this investigation. On this subject we can state that we have been_ extremely careful to have the necessary service done at the least possible expense, contracting for the lowest figures. 'the outside service we have employed has been efficient and faithful, and should be paid. 'Ve, therefme, ask that the Auditing Committee of the House of Representatives audit the account and report it for proper action.
vVe think the testimony taken in this matter is a fair exposure of the frauds, and to be properly understood by the Legislature and the people, should be printed. We, therefore, recommend that it be printed for the use of the General Assembly.
In view of the wholesale frauds committed in these transactions, we respectfully recommend that the Legislature do pass -an act declaring all these sales had
under transferred fl. fa.'s., null and void, as some of
the courts have already decided ; and another to withdraw all protection of any statue of limitation, or law of prescription. from all such titles, or others founded

MoNDAY, JULY 7, 1879.

.565

on them, or emanating from them; and this committee

beg leave to continue their organization for the purpose

of preparing these bills and reporting them as soon as

possible.

D. A. RussELL,

On the part of the Senate.

p .ARRISH D. DAVIS,

Lours STRICKLAND,

JoHN C. MAUND,

On the part of the House.

::\IINORITY REPORT.
To the Senate and House of Representatives :
The undersigned, a minority of the joint special committee, appointed under a resolution approved on the 11th of December, 1878, "to investigate the wild land sales in this State, being unable to concur with the majority in some of the conclusions at which they have arrived, beg leave to submit the following report:
'Vhile we do believe with a majority of the committee that gigantic frauds have been committed by some of the transferees of executions issued against wild lands for taxes, in the sale of said lands under said executions in various ways, but especially by claiming and collecting exorbitant costs which they had never paid, and to which they were entitled, and by appropriating to themselves as true owners, by means of fraudulent conveyances gotten up for that purpose, all the excess of sales over and above taxes and costs, we do not believe the transfers were illegal.
The reasons upon which we base this opinion are as follows: When the land act of 1874 was passed, section 891 of the Code was in force as it is to-day. That section is very broad in its application, embracing in the language of the Code, "any execution issued for State, county, or municipal taxes, or any other execu-

566

JouRNAL O.l!' THE HousE.

tion issued without the judgment of a court, under any
law." These fl. fas. are executions issued under a law
without the judgment of a court for State and county taxes, and as the act of 1874 does not repeal the act of
1872, nor make any exception of tax fl. fas. against
wild land, we think the intention of the Legisla.ture was to put them on precisely the same footing as any
other tax fl. fa.
If we are correct in this conclusion, then the Comptroller General did simply his duty when he made the transfers. Indeed, be could not have done otherwise, because the language of the law is not p0rmissive only but mandatory: "The officer whose duty it is to enforce said execution, shall, upon the re'quest of the party so paying the same, transfer said execution to said party.''
But it is said that the Sheriff, and not the Comptrol- . ler, is "the officer whose duty it is to enforce said execution." This we think is an erroneous interpretation of the law. The language of the act of 1872 is, "and the transferee shall have the same rights as to enforcing said execution as might have been exercised or claimed before said transfer."
As might have been exercised or claimed by whom before said transfer 1 Evidently, by the officer making the transfer. All the power the Sheriff bad before the transfer was to levy, advertise and sell according to law, when ordered by the Comptroller to do so. No one will claim that the transferee bas any such power after the transfer either with or without the order of the Comptroller. He can do nothing that the Sheriff can do. But he can, after the transfer, do everything that the Comptroller could do before. He can turn his execution over to the Sheriff, order him to levy, advertise and sell according to law. When he has done this he has exhausted his powers. He can do no more. Be-

MoNDAY, JuLY 7, 1879.

567

fore the transfer the Comptroller, and no one else, could do precisely the same things. Thus the powers of the Comptroller before the transfer are identical with the powers of the transferee after the transfer.
From these considerations, we .believe the Comptroller-General, and not the Sheriff, is the officer authorized by law to make the transfer.
But suppose the act of 1872, authorizing the transfer
of tax fl. f'as., does not apply to executions against
wild lands, and that such transfers are authorized by law, still we cannot see how blame can attach to the Comptroller-General for making the transfers. The evidence discloses the fact that, as a matter of policy, he was opposed to the transfers, and would not make them until he had been furnished with the opinion of the Attorney-General that the act of 1872 authorized it. The Attorney-General is the officer designated by the Constitution as the legal adviser of the Executive Department. The Comptroller-General's office is an executive office. He is charged especially with the duty of executing or enforcing the tax laws of the State. When he is in doubt as to the proper construction to be put upon any law it is his duty to seek the opinion of his legal adviser, and when he has obtained it he could not be justified in disrez5arding it. He is bound toreceive it as the true construction of the law, no matter whether it be right or wrong.
Entertaining these views, as to the legality of the transfer of these executions and the power of the Comptroller-General to make it, we cannot concur with the majority of the committee in their sweeping recommendation to declare, by legislative enactment, all
sales under these fl. f'as. absolutely void. Such a
course would inflict very great injury upon a large number of innocent purchasers at fair sales in which no wrong was attempted. Indeed, while the amount

568

JOURNAL Oll' THE HousE.

of land is very great, the number of transfert>es and purchasers at fraudulent sales is very small. But the great objection to the course recommended by the majority is that, to pass such an act would be t< usurp the prerogative of the judiciary, a co-ordinate branch of the Government. This we cannot do. The Constitution forbids it, and any such act if passed would be ipso facto void.
It would be far wiser to attempt no retroactive legislation, but leave all these intricate legal questions to be decided by the courts, the tribunals established by the Constitution to interpret and administer the law.
Respectfully submitted. A. D. CANDLE!~.

The privileges of the floor were extended to Ron. A. C Mitchell, Ron. \V. B. Thomas, Ron. J. B. Felder of Sumter, Ron. A. E. Cochran and Ron. Phil Cook.
Mr. vValters moved that 500 copies of the majority and minority reports of the Committee on Wild Lands be printed for the use of the House.
The motion prevailed.
On motion of Mr. Walters, the report wa::; then laid on the table.
On motion of Mr. McCurry, the rules were suspended and the majority and minority reports of the Committee on the Judiciary, on the subject of local and special bills, were taken up and the reports read.
The resolutions reported by the minority of the Committee on the Judiciary as a substitute for the report of the majority of said committee, was adopted.

TUESDAY, JULY 8, 1879.

569

The following bill, the special order for the day, was read a third time, to-wit:
A bill to provide for the election of a keeper of the Executiv~ Archives; to prescribe his duties and compensation, and for other purposes.

On ~otion of Mr. Nisbet, the bill was referred to the Committee on Finance.

On motion of Mr. Butler, of Camden, the rules were suspended and a memorial was introduced and re ferred, without being read, to the Committee on Education.

The House theu adjourned till 9 o'clock A. ~1. tomorrow.

ATLANTA, GEoRGIA,
Tuesday, July 8, 1879. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
'fhe roll was called and a quorum found to be present.
Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of yesterday read and approved.
Mt. Milner gave notice of a motion to reconsider.
The Journal was read and approved.
Mr. 1\filner, of Bartow, moved to r~consider so much
b7

670

JouRNAL oF TIIE HousE.

of the Journal as relates to the action of the House in adopting the resolutions contained in the minority report of the Committee on the Judiciary, in lieu of the majority report of said committee, on the subject of local legislation.

Mr. Riden moved to lay the motion to reconsider on the table.
The motion prevailed.

Mr. Strickland offered the following resolution, which was read and agreed to, towit :

A resolution-

Authorizing the Committee on Wild Lands to have certain portions of their report, accidentally omitted, inserted in their report, now being printed

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

Mr. Speaker:

The Senate has concurred in the House resolution requiring the Joint Commmittee on the Lunatic Asylum to report if there cannot be discharged certain inmates.
The Senate has also passed a resolution requiring the Librarian to furnish each member of the General As sembly a copy of tbe Journal of last s~ssion of tbe L~g islature, and asks the concurrence of the House therein.

The following mP-ssage 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 de-

.

o71
liver to the Rouse of Representatives a. comm unioation, in writing, with a.n accompa.nying document.
On motion of Mr. Davis, of Houston. the special order for to-day, to-wit:
A bill to amend a.n act to regulate the leasing out of the penitenti&ry oonviots by the Governor, authoriaing him to make oontracts in relation thereto, approved Februa.ry 26th, 1876, was postponed, and made the spe-
cial order for Tuesday, July loth, at 10 o' cloak A. x.
The regular order, the reading of bills the third time, was taken up.
The following bill, to-wit: A bill to repeal an aot establishing a Department of Agrioulture for the State of Georgia, approved February 24th, 1874, oame up in its regular order.
Mr. King moved to postpone the consideration of the bill till Wednesday of next week, the 16th instant, and make it the special order for that day at 10 o'clock.
On this question, Mr. 1\foCurry oalled for the previous question.
The call was sustained, and the main question ordered.
The motion to postpone was lost.
Pending the disol1Ssion of the motion to agree to the report of the committee, adverse to the passage of the bill, Mr. Livingston having the :floor, the House a.djoulned till9 o'clook A.M., to-morrow.

572

JoURNAL OF THE HOUSE.

ATLANTA, GEORGIA.,
Wednesday, July 9, 1879.
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. Harrell, from of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved
The privileges of the tloor were granted to Ron. P. W.Edge.
Mr. Wright, chairman of the Committee on Railroads, submitted the following report:
Mr. Speaker:
I am instructed by the Committee on Railroads to request the passage, by the House, of the following resolution:
Resolved, That Mr. Hamilton, of the county of DeKalb, Mr. Dupree, of the county of Macon, and Mr. Westbrook, of the county of Dougherty, be added to the Committt:le on Railroads.
H. G. WRIGHT, Chairman.
On motion of Mr. Wright, the following members were, at the request of the committee, added to the Committee on Railroads, to-wit: Messrs. Hamilton, of

vVEDMES:llAY, JULY 9, 1879.

573

DeKalb, Dupree, of Macon, and 'Vestbrook, of Dougherty.

On motion of Mr. Rankin, five hundred copies of the evidence, taken by a special committee appointed to investigate the wild land business, were ordered printed for the use of the House.

The regular order, the call of the roll of counties, commencing with the county of Worth, was taken up.

Mr. Lang offered the following resolution, which was read and agreed to, to-wit
A resolution-
That the Committee on Agriculture be requested to draw up and submit to the House, as early as practicable, a bill upon the subject of the road laws of this State.

Mr. ChambPrs offered the following- resolution, towit:
Resol'ved, That the following bill, to-wit:
A bill to be entitled an act to prohibit the sale of spirituous or malt liquors or intoxicating bitters within two miles of Bethel Church, in Wilkinson county, Georgia, be read and referred to the Committee on Local and Special Bills, although fifteen days of the present session have already expired.

On this resolution a two-thirds vote being required by the Constitution, the yeas and nays were called, when the vote was as follows:

574

jouRNAL 01!' TH~ HousE.

Those voiiag in the affirmative are Messrs.-

Anderson of Morgan, Anderaon of Newton, Anderson of Pulaski, Awtry, Barksdale, Barron, Bell, Berry, Bleckley, Born, Branch, Brantley, Brintle, Buchan, Burch of Towns, Butler, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Colley, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, Daniel, Davis of Baker, Davis of Houston, DeLoach, Dozier, DuBose, Duggar,
Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford,

Glover, Green of Baldwin, Green of l\hdison, Hammond, Hanks, Harrell, Harp, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Hudson, Humber, Hutchins, Ivey, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, King, Kirby, Lamb, Lang, Livingston, Luffman, l\fathews, Maund, McAfee, McConnell, McCurry, McDonald, McGourick, McLucas, ~Icwhorter, ~Iiller of Liberty, :Miller of Hanston, l\Iilner, :Mitchell, Mynatt, Nisbet,

Phillip~ of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Polhill, Pope, Poppell, Prescott, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Russell, Shannon, Sharman, Sheffield of Miller, Sibley, Sikes, Sims, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Strickland, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta,
Vick, walters,
'Valton, Vireehunt, Welch, Wheeler, Wikox,

WE.IH.NSDAY, JuLY 9, 1879.

575

Fort, Fuller, Gammage, Garrard, Grant, Gray,

Northern, Oliver, Paine, Patterson, Paull, Perkins,

Williams, C. W., Wilson, Wright, Williams, F. J. Yancey, Zellner.

Those voting in the negative are Messrs.-

Bennett,

Irvine,

Sheffield of Early,

Those not voting are Messrs.-

Adams, Bird, Brannon, Burch of Laurens, Collins, navison, Dick in, Hall, Hamilton,
Yeas 144. Nays 3. Not voting 28.

Harris, Howell of Pickens, Hulsey, Jordan of Wilkes, Kendrick, Kimsey, McRae, Park, Peacock,

Pike, Roney, Scruggs, Strother, Wall, Westbrook, Williams of Columbia, Willingham, Wilmot.

The necessary two-thirds having voted in the affirmative, the bill was introduced and referred to the Committee on Local and Special Bills.

Mr. Jordan, of WilkeE~, introduced the following bill, which was read the first time, and referred to the Committee on the Judiciary, to-wit:
A bill to provide for the examination of Justices of the Peace.

Mr. Hanks introduced the following bill, which was read the first time, and referred to the Committee on the Judiciary, to-wit:
A bill to alter and amend section 2970 of the Code ot 1873, and for other purposes.

076

JouRNAL oF THE HousE.

Mr. Paine, chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:

The Committee on EnrollmRnt report as duly enrolled, signed by the President of the Senate, and ready for the signature of the Speaker, the following bill of the Senate, to-wit :
A bill to provide for the filling of vacancies that may occur in the office of Governor.
Also, a bill to prescribe the manner of allowing insolvent lists of Tax-Collectors.
W. W. PAINE, Chairman.

The following message was received from the Senate, through Mr. Harris, Secretary thereof:
Mr. Speaker:
The Senate has adopted the following bill, and ask the concurrence of the House therein, to-wit:
A bill to be entitled an act to amend section 3694 of the Code of 1873.
The Senate has passed the House bill entitled an act to alter and amend section 4411 of the Code in relation to the punishment of the offense of larceny.
The Senate bas also passed the following House bills as amended:
A hill to require Constables and Bailiffs to sell only on regular monthly court days, except in case of property likely to deteriorate in value by keeping, with an amendment in which the concurrence of the House is asked.
Also, a bill to lJe entitlei an act to fix the compen-

WEDNESDAY, JULY 9, 1879.

577

sation of Ordinaries, Sheriffs and Bailiffs of this State for services in cases of lunacy, with an amendment in which the concurrence of the House is asked.

Mr. Turner, of Brooks, chairman of the CommittP.e on the Judiciary, submitted the following report:

Mr. Speaker:

The Committee on the Judiciary have had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to prescribe for the manner of giving notice of application for the passage of special or local legislation.
Also, a bill to prescribe the manner of giving and publishing notice of an intention to apply for local or special bills.
Also, a bill to be entitled an act to carry into effect article 6,section 4, paragraph 2, of the Constitution.
Also, a bill entitled an act to give to the J nstices' Courts jurisdiction on all suits on Sheriffs', Constables' and Coroners' bonds, where the principal sum claimed does not exceed $100.
Also, a bill to be entitled an act to alter and amend section 1397 of the Code of 1873, in relation the practice of medicine.
Also, a bill to be entitled au act to suspend the judgment of Justices of the Peace and other inferior judicatories in cases of certiorari.
Also, a bill to be entitled an act to provide for the registratiov of electors in all general elections in this State ; the manner of voting, and for other purposes.

The committee have also had under consideration the following bill, which they report back with the recommendation that it be referred to the special com-

!178

JouRNAL oF THE HousR.

mittee on Equalizing the Labors of the Judges of the Superior Courts, to-wit:
A bill to be entitled an act to organize judicial divisions throughout the State : to equalize the business and labor of the Judges of the several circuits, and to otherwise improve the judicial systen of this State.
H. G. TuRNER, Chairman.

Mr. Hammond offered the following resolution, towit:
Resol?Jea, That it is not made neP-essary by virtue of any provision of the Constitution of this State, nor by any rule of this House, that the yeas and nays be taken on the introduction of aPy local or special bill, with the view of having the same referred to some one of the standing committees of the House.

Mr. Nisbet called for the previous question.
The call was sustained and the main question ordered.

Mr. Adams called for the yeas and nays. The call was sustained, and, on calling the {~, the vote was as follows :

Those voting in the affirmative are Messrs.

Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Barron, Bell, Berry, Bird, Bleckley, Buchan, Burch of Laurens, Burch of Towns, Butler, Butt,

Hammond, Hamilton, Henderson, Hill, Harrell, Harrison, Hogan, Hollis, Howell of Lowndes, Hudson, Humber, Irvine, lvey,

Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Polhill, Pope, Poppell, Prescott, Puckett, Redwine, Reese, Riden, Roach,

'VEDNERDAY, JUJ,Y 9, 1879.

579

Cannon, Cook, Crawford, Cunningham, Davis of Baker, Davison, DeLoach, Duggar, Dupree, Duvall, Farnell, Fitzgerald,
Fl~tcher,
Ford, Fort, F11ller, Garrard, Grant, Glover, Greene of Baldwin, Greene of Madison,

Johnson of Clay, Johnson of J obnson, King, Kirby, Lamb, Lang, Luffman, Mathews, Maund, McAfee, McDonald, l\fcGouirck, 1\IcWhorter Miller of Houston, Miller of Liberty, Mitchell, Nisbet, Oliver, Paull, Peacock, Perkins,

Rogers, Roney, Shannon, Sibley, Sikes, Sims, Smith of Butt~, Smith of Oglethorpe, Tarver, Tate, Thomas, Toole, Turner of Brook~, Turner of Coweta. Vick, walton, "\Veehunt, Welch, Wheeler, Wilcox, Zellner.

Those voting in the negative are Messrs.-

Adams, Awtry, Barksdale, Bennett, Born, Branch, Brantley, Brintle, Carr, Chambers, Chapman, Colley, Cox of Troup, Daniel, Dozier, DuBose, Elder,

Gammage, Gray,
Hank~,
Harp, Hulsey, Hutchins, Jordan of Crawford, Jordan of Wilkes, Kendrick, McConnell, McCurry, McLucas, Milner, Mynatt, Northern, Patterson,

Pike, Rankin, Roberts, Scruggs, Sharman, Sheffield of Early, Sheffield of Miller, Smith of Walton, Strickland, Taliaferro, Tatum, Walters, "\Vestbrook, Williams, F. J. Willingham, Yancey.

Those not voting are Messrs.-

Brannon, Clegg, Collins,

Howell of Pickens, Janes, Kimsey,

Strother, Wall, Williams of Columbia,

580

JoURNAL OF THE HOUSE.

Cox of Harris, Davis of Houston, Dickin, Hall, Harris,

Livingston, McRae, Paine,j Park, Russell,

Yeas, 102. Nays, 49. Not voting, 24.

Williams, C. W. Wilmot, Wilson, Wright.

On motion of Mr. Hanks, to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report upon the same, the following bill, towit :
A bill to authorize the Board of Education of Whit field county to order the payment of $103 of the common school tnnds, a balance due the County School Commissioner for services rendered and expenses incurred in 1871.

On a division of the Honse, the yeas were 109 and nays none; the necessary two-thirds having voted in
.the affirmative, the bill was referred.
Mr. Hanks also offered the following local bill, and moved that it be introduced and referred to the Committee on Local and Special Bills, to be considered and reported upon, to-wit:
A bill to further restrain and more certainly and cheaply punish crime in Whitfield county.
On a division of the House, the yeas were 114 and the
nays none; the necessary two-thirds having voted in the affirmative, the bill was so referred.

M. Poppell offered the following bill, and asked that it be introduced and referred to the Committee on Local and Special Bills, with authority to consider and report upon it, to-wit:

WEDNESDAY, JULY 9, 1879.

581

A bill to rP-duce the bond of the Sheriff of Wayne county, in this State, and for other purposes.

On division of the House, the yeas were 110, and the nays none ; the necessary two-thirds having voted in the affirmative, the bill was su referred.

Mr. Poppell asked permission of the House to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon the following bill :
A bill to fix the license for selling spirituous, vinous or malt liquors in the county of Wayne, and to prescribe a penalty for a non-compliance with this act, and for other purposes.

On a division of the House, the yeas were 99, nays none ; so the bill was so referred, the necessary twothirds having voted in the affirmative.

Mr. Brantley asked permission of the House to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit :
A bill to provide for the compensation of the Ordinary of Washington county.

On a division of the House, the yeas were 106, and the nays none ; the necessary two-thirds having voted in the affirmative,;the bill was so referred.

Mr. Brantley asked the same permission with reference to the following bill, to-wit :
A bill to abolish the Criminal Court of Washington county, and for other purposes.

On a division of the House, the yeas were 106, nays none ; so the necessary two-thirds having voted in the

582

Jou1~NAL oF THE HousE.

affirmative, the bill was referred to the Committee on Local and Special Bills.

Mr. Barksdale asked the permission of the H0use to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to- wit :
A bill to incorporate Johnson's Church, in the county of Warren; to appoint Trustees !'or the same, and to prohibit the sale of intoxicating liquors within two milt-s thereof.

On a division of the House, the yeas were 101, nays none; the necessary two-thirds having voted in the affirmative, the bill was so referred.

The privileges of the floor were extended to Hon. C. C. Kibbee.
The rules were, on motion, susppended, and the committee on the investigation of the motives and conduct of the Governor in the indorsement of the bonds of the Northeastern Railroad, on the part of the House, was granted permission to withdraw both the majority and minority reports.

Mr. Barksdale, of Warren, asked permission to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to amend the act, approved February 28, 1876, making it unlawful for any tradesman, or other person: after the 1st day of February, 1877, to sell or furnish any spirituous or malt liquors, or any intoxicating mixtures, known as bitters, for any consideration or price within the corporate limits of the town of Warrenton, or within a radius of two miles of said corpo-

WEDNE~DAY, JuLY 9, 1879.

583

rate limits, by excepting druggists, now doing, or who may hereafter do a regular drug business within the corporate limits of said town, who may sell within said corporation any of the aforesaid liquors and bitters when prescribed by a practicing physician of good standing-graduate of a medical college.

On a division of the House, the yeas were 101, nays none ; the necessary two-thirds having voted in the affirmative, the bill was so referred.

The following bill was introduced, read the first time, and referred to the Committee on the Judiciary :
By Mr. ButtA bill to be entitled an act supplementary to an act to carry into effect paragraph 2, section 18, article 6 of the Constitution, so as to provide for the selection of the most experienced, intelligent and upright men to serve as Grand Jurors, and of intelligent and upright men to serve as Traverse Jurors, and for drawing jurors, approved December 16th, 1878.

Mr. Cox, of 'froup, moved to introduce and have referred to the Committee on Local and t::lpecial Bills, with authority to read, consider and report thereon, the following bill, to-wit:
A bill to amend the act authorizing West Point, in 'l'roup county, to organize a public school system, independent of the public school system of this State, and for other purposes.
On a division of the House, the yeas were 103, nays
none; the necessary two-thirds having voted in the affirmative, the bill was so referred.

Mr. Awtry moved to introduce and have referred to the Committee an L >cal and Special Bills, with author-

584.

JOURNAL OF THE HoUSE.

ity to consider and report thereon, the following bill, to-wit:
A bill to amend an act regulating the manner of holding municipal elections in the city of West Point, and to require voters to register, and to define who are legal voters in said city.

On a division of the House, the yeas were 98, nays none; the necPssary two-thirds having voted in the affirmative, the bill was so referred.

Mr. ..A.wtry also introduced a memorial from the State Teachers' Association, which was, without being read, referred to the Committee on Finance.

On motion of Mr. Harrison, the rules were suspended and the following bill was referred to the special committee on the Equalization of the Labor of the Judges of the Superior Courts, to-wit:
A bill to organize judicial divisions throughout the the State; to equalize the business and labor of the Judges of the several circuits, and to otherwise improve the judicial system of this State.

Mr. Wilcox asked leave of the House to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit :
.L\. bill to prohibit all parties from fishing on the lands of Samuel C. Nickelson, in the county of Dodge, in this State.

On a division of the House, the yeas were 90, nays none; the necessary two-thirds having voted in the affirmative, the bill was so referred.

Mr. Wilcox also asked leave to introduce and have

WEDNESDAY, JULY 9, 1879

585

refe1Ted to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to prohibit the catching of fish in the waters of the Little Ocmulgee River for the purpose of sale.

On a division of the House, the yeas were 99, nays none so the bill was referred by the necessary twothirds vote.

Mr. Wilcox also asked leave to introduce and refer to the Committee on Local and Specials Bills, with authority to consider and report thereon, the following bill, to-wit :
A bill to create a Board of Commissioners of Roads and Revenues for the county of Telfair.

On a division of the House, the yeas were 96, nays

none ; so the bill was referred, by the necessary two-

thirds vote.



Mr. Chapman asked leave of the House to introduce aud have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to- wit:
A bill to amend the charter of the town of Crawfordville, so as to authorize the Town Council to levy a special tax on the sale of spirituous or malt liquors within said incorporation.

On a division of the House, the yeas were 93, nays none ; the necessary two thirds having voted in the affirmative, the bill was so referred.

Mr. Chapman also asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following blil, to-wit:
38

086

JOURNAL OF THE HOUSE.

A bill to prohibit the sale of spirituous, malt or intoxicating liquors within the town of Crawfordville, and within a radius of three miles of the incorpora.tion, and to provide a punishment for the same.

On a division of the House, the yeas were 95, nays none ; the necessary two-thirds having voted in the affirmative, the bill was so referred.

Mr. Mathews asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to relieve Richard H. Leonard, Ordinary of the county of Talbot, from his disability under sections 327 and 328 of the Code, so far as it relates to estates not fully administered at the time of his election and qualification, by allowing and requiring him to make returns to the Ordinary of Taylor county as executor of James P. Leonard, as Trustee of Anna J. 'furner and of Sarah C. Weeks, and as Guardian of Harriet V. Boon.

On a division of the House, the yeas were 98, nays none; the necessary two-thirds having voted in the affirmative, the bill was so referred.

Mr. Mathews also asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report. thereon, the following bill, to-wit:
A bill to amend an act incorporating the town of Talbotton, extending the limits of the same, and repealing all conflicting laws, assented to December 20th, 1860.

On a division of the House, the yeas were 86, nays none ; the necessary two- thirds having voted in the affirmative, the bill was so referred.

-.

"\tVEDNESDAY, JULY 9, 1879.

o87

The following bills were introduced, read the the first time, and referred to the Committee on the Judiciary, to-wit:
By Mr. DavisonA bill to authorize the foreclosure of mortgages on personal property, where the principal amount of the claim does not exceed one hundred dollars, before Jus tices of the Peace and Judicial Notaries. By Mr. FortA bill to authorize the Governor, with the consent of the lessees of the Western and Atlantic Railroad, to convey to the Mayor and Aldermen of Chattanooga, Tenn., a small tract of land in said city for the purposes of fire protection, and other city purposes. Also, a bill to fix the time of opening the sessions or terms of the Supreme Court of this State; to regulate the same, and repeal conflicting laws. Also, a bill to declare the rights of parties in claim cases ; to fix the rule for ascertaining damages, and fixing the same upon the trial of issues therein, and for other purposes. Also, a bill to fix the time within which creditors may proceed against heirs at law or legatees who have been advanced by executors and administrators, and for other purposes.
Leaves of abs~nce were granted to Mr_ Strother, on account of sickness, and to Mr. Wilmot, on important business, for the balance of this week.

The House then adjourned till 9 o'clock A. 1\f., tomorrow.

/
I (

JouRNAL OF THE HousE.
ATLANTA, GEORGIA,
Thursday, July 10, 1879.
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. Barksdale, chairman of the Committee on Journals, reported the Journal of yeskrday examined and approved.
The Journal was then read and approved.
Tne privileges of the floor were granted to Hon. T. H. Rucker, Gen. A. R. Lawton and Major G. :M. Ryals, Hon. W. A. Little, Mr. Howell Cobb and Mr. Lamar Cobb, Hon. W. A. Lofton, and Hon. W. A. Huff.
Mr. King rose to a personal explanation.
The privileges of the floor wBre extended to J. T. White Esq., and Hon. A. G. Peden.
Mr. Smith, of Oglethorpe, moved to suspend the regu}ar order and take up the call of the roll of counties at the point where it was suspended yesterday.
The motion did not prevail.
The House then took up the unfinished business of Tuesday, the question of agreeing to report of the committee, adverse to the passage of the bill, abolishing the Department of Agriculture in this State, Mr. Livingston resumed his argument.

FRIDAY, JULY 11, 1879.

589

The spAcial order of the day, the consideration of the billlmown as the dog law, was, on motion of Mr. Jordan, of Wilkes, postponed till Thursday next, the 17th inst., and made the special order for that day at 10 o'clock A.M.

The consideration of the bill to abolish the Department of Agriculture was resumed.

Pending the discussion, Mr. Smith, of OglP.thorpe, having the floor, on motion of Mr. Born, the House adjourned till to-morrow, at 9 o'clock A. M.

ATLANTA, GEORGIA,
Friday, July 11, 1879,
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. A. T. Spalding.
The roll was called and a quorum found to be present.
Mr. Harrell, from of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was read and approved.
Mr. Paine, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
The Committae on Enrollment report as duly en-

590

JOURNAL OF TIIE HOUSE.

rolled, and ready for the signature of the Speaker of

the House of Representatives, the following bill, to- wit:

A bill to alter and amend section forty-four hundred

and eleven (4411) of the Revised Code of Georgia, in

relation to the punishment of the offense of larceny

from the person.

W. W. PAINE, Chairman,

'l:'he regular order, the calling of the roll of counties for the introduction of new matter, was takPn up.
Mr. Carr introduced the following bill, which was read the first titrie, and referred to the Committee on the Judiciary, to-wit:
A bill to point out the duties of Clerks of the Superior Courts of this State in relation to settling mortgages, and for other purposes.

Mr. Carr also offered a bill, which he asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, as follow, to-wit:
A bill to abolish the County Court of Rockdale county.

On division of the House, the yeas were 118, and the nays none ; the necessary two-thirds having voted in the affirmative, the bill was su referred.

Mr. Carr also asked leave to introduce and have referred to the Committeeon Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to extend the jurisdiction of the Justices of the Peace and Notaries Public, and ex-officio Justices of of the Peace in the county of Rockdale, so as to give them jurisdiction to try all mis:lemeanors.

FRIDAY, JULY 11, 1879.

591

On a division of the House, the yeas were 115, nays none; the necessary two-thirds having voted in the affirmative, the bill was so referred.

Mr. Sibley introduced a memorial from the Presicent of the Macon and Augusta Railroad, asking relief from over assessment of taxes, which was referred to theCommmittee on Finance

Mr. Wright asked leave of the House to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to amend the act authorizing the City Council of Augusta to create a Board of Health for said city.

On a division of the House, the yeas were 113, nays none ; so the necessary two thirds having voted in the affirmative, the bill was so referred.

Mr. Wright also asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to repeal certain sections of an act regulating the time for which the Mayor of Augusta shall hold his office, approved February 24th, 1876.

On a division of the House, the yeas were 109, and the nays none; so bill was referred by the necessary two-thirds vote.

The following bill was introduced, read first time, and referred to the Committee on Finance, to-wit:
By Mr. '::VrightA bill to carry into P:ffect so much of article 7, section 1, paragraph 1 of the Constitution, as relates to supplying substantial artificial limb or limbs to soldiers who

JouRNAL oF THE HousE.

lost them in the service of the Confederate States, e(c,

Mr. Turner, of Brooks, chairman of the Committ.Be on the Judiciary, submitted the following report:

Mr. Speaker:

The Committee on the Judiciary have had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to be entitled an act to carry into effect paragraph 2, sectin 6, article 7, of the Constitution of 1877.
Also, a bill to be entitled an act to establish Inferior Courts in the several counties in this State.
Also, a bill to be entitled an act to enlarge the jurisdiction of Magistrates' Courts of this State, giving them power to try certain criminal cases as herein provided for

The committee have also had under consideration the

foUowing bill, which they report back with the recom-

mendation that the introducer be allowed to withdraw

it, to-wit :

'

A bill entitled an act to provide for the setting apart and valuation of homestead under the Constitution, article 9.
H. G. TuRNER, Chairman.

Mr. Hutchins, chairman of the Committee on Finance, submitted the following report :
Mr. Speaker:
The Committee on Finance have had under consideration the following Senate bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to amend an act to re-

FmDAY, JuLY 11, 1879.

593

quire the payment of moneys arising from fines and forfeitures into the county treasury, and to regulate the disbursement of the same.

The committee have also had under consideration the following Honse bills, which they recommend do not pass, to-w1t:
A bill to be entitled an act to provide for a uniform assessment of railroad property in this State, and for the collection and return of taxes thereon.
Also, a bill to be entitled an act to authorize the Clerks of the Superior Courts in this State, and the costs of all City Courts, whose Judges are commissioned by the Governor of this State, to require a deposit for payment of costs, and for other purposes.
Respectfully submitted. N. L. H UTCIIINS, Chairman.

Mr. Wright, chairman of the Committee on Railroads, submitted the following report :

Mr. Speaker:

I am instructed by the Committee on Railroads toreport the following bill back to the House with the recommendation that the same do not pass, to. wit:
A bill to be entitled an act to compel railroad companies to fence in their tracts to prevent killing or injuring stock, and for other purposes.
Respectfully submitted. H. G. vV RIGH1', Chairman.

Mr. vVright also asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to create a Board of Police Commissioners for

584

JouRNAL Ol!' 'l'Hl!: HousE

the City of Augusta, in this State; to define its powers and duties, and for other purposes.
On a division of the House, the yeas were 107 and the nays none ; so the bill was referred, the necessary two-thirds having voted in the affirmative.

Mr. Sibley asked leave to introduce and have referred to the Committee on Local and l::>pecial Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to regulate the publication of the registered voters of the City of Augusta.

On a division of the House, the yeas were 100, nays none; the necessary two-thirds having voted in the affirmative, the bill w:1s so referred.

Mr. Duvall introduced the following bill, which was read and referred to the Committee on the Judiciary:
A bill to exempt firemen from jury duty, and for other purposes.

Mr. Sibley asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to.wit:
A hill to confirm an ordinance of the City Council of Augusta creating a sinking fund, passed the lOth of March, 1877, as amended by an ordinance passed the 8th of August, 1877.

On a division of the House, the yeas were 106, nays none; the necessary two-thirds having voted in the affirmative, the bill was so referred.

Mr. Sibley also asked leave to introduce and refer to

FRIDAY, JULY 11, 1879.

595

1he Committee on Local and Special Bills, with author-

ity to consider and report thereon, the following bill,

to-wit:

'

A bill to a-:nend the act requiring the Mayor of Augusta to discharge the duties of R8corder of said city ; to limit the salary of said Mayor, and for other purposes.

On a division of the House, the yeas were 98, nays none; the necessary two-thirds having voted in the affirmative, the bill was so referred.

Mr. Sibley also asked leave to introduce and have referred to the Committee an L )Cal and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to authorize a reduction of the capital stook of the Bank of Augusta, and for other purposes.

On a division of the House, the yeas were 89, nays none; the necPssary two-thirds having voted in the affirmative, the bill was so referred.

Mr. Sibley also asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to more clearly define and specify the power and authority of the Bank of Augusta, and for other purposes.

On a division of the House, the yeas were 90, nays none; so the necessary two-thirds having voted in the affirmative, the bill was referred.

Mr. Sibley also asked leave to introduce and refer to the Committee on Local and Special Bills, with au-

696 '

JouRNAL oF THE HousE.

thority to consider and report thereon, the following bill, to-wit:
A bill to amend an act providing that the Treasurer of Richmond county shal1 be allowed a salary, and to fix the amount thereof, and for other purposes, approved February 2, 1876.

On a division of the House, the yeas were 102 and nays none; the necessary twothirds having voted in the affirmative, the bi.ll was referred.

Mr. Sibley also asken leave to introd nee and refer to the Committee on Local and Special Bills, with author ity to consider and rt>port thereon, the following bill, to-wit:
A bill to repeal an act providing for the payment of insolvent costs in the Augusta Circuit, so far as the same relates to Richmond county.

On a division, the yeas were 111, nays none; so the bill was referred by the necessary two-thirds voted.

Mr. McDonald asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, towit:

A bill to exempt the active members of Watchful Fire Company, of Cuthbert, from jury duty in any of the courts of said county.

On a division, the yeas were 108, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Humber, of Putnam, asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit :

FRIDAY, JULY 11, 1879.

597

A bill to provide for the election of Judge of the County Court of Putnam county by the qualified voters of said county.

On a division, the yeas were 98, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Humber also asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and refort thereon, the following bill, to-wit:
A bill to create a city government for the town of Eatonton, in Putnam county, and to confer upon the authorities thereof certain powers in lieu of the present town government.
On a division, the yeas were 107, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Humber also asked leave to introduce and have refern~d to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to create a Board of Commissioners of Roads and Revenues for the county of Putnam, and to define its powers and duties.
On a division of the House, the yeas were 103, nays none ; so the bill was referred by the necessary twothirds vote.

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

598

JouRNAL oF THE HousE.

By Mr. Miller, of Liberty-

A. bill to amend section 4587 of the Code of 1873.

Mr. Cox, chairman of the House Committee to investigate the motives and conduct of the Governor in the indorsement of the Northeastern Railroad bonds, submitted the following report of the joint committee :

To the Senate and Hou,se of Representatives :

On the 7th day of November, 1878, his Excellency, the Governor of Georgia, laid befor~ the General Assembly of the State a special message, asking of the Assembly a thorough investigation of his motivus and conduct, as the Executive of Georgia, in placing the State's indorsement upon the bonds of the Northeastern Railroad Company.
In response thereto, the General Assembly raised a joint committee of thirteen to make the investigation demanded, with instructions to report not only the conclusions at which it shall have arrived, but also the evidence on which the conclusions are based.
,The committee, having thoroughly investigated the whole matter, beg leave, in obedience to instructions, to submit the accompal'lying evidence and to report the/ following conclusions:
In reference to the evidence submitted, the committee state that as printed it is as nearly correctly reported as possible under the circumstances, which were rendered embarrassing by the severe and continued illness of the reporter first employed, and rendered more em-

li'RIDAY, JULY 11, 1879.

599

barrassing by the fact that the first reporter used a short-band system not familiar to any other reporter whom the committee could procure. But the committee state that to their knowledge no substantial fact or statement has been omitted from the report of said evidence.
In order to arrive at the issues involved, the Governor was requested to specify the charges made.against him in connection with his indorsement of the N ortbeastern Railroad bonds, which (charges) induced the sending of his special message to the General Assembly. To this request of the committee, he replied as follows: " The nature of the charges is that I participated in a fee which \vas received by Mr. John vV. Murphy, who, it is said, was employed to procure the indorsement of the bonds. The nature of the charges coupled me with the fee that John vV. Murphy received, and that it was the motive which controlled me in my indorsement of the bonds.
Y0ur committee, from the want of any evidence sustaining such charges, and from the mass of evidence disproving such charges, report this conclusion, that his Excellency deserves, at the bands of the General assembly, complete vindication on the issues made by him and specified above.
Your committee have unanimously concluded that
"T his Excellency did not, in any way, shape or form
parti0ipate in the fee received by Mr. John Murphy ; that no offer of any such thing was made by any one to his Excellency ; that said fee did not control his conduct in said indorsement, and that whether the act of indorsement was legal or illegal, the motives of the Governor were pure.
In closing this report the committee submit this resolution:
Resolved, 'fhat the conclusions of this committee be

600

JouRNAL oF THE HousE.

adopted as the sense of the General Assembly of

Georgia.

J. vV. PRESTON,

Chairman Senate Committee;

H. R. CASEY,

JOHN F. TROUT::\IAN,

SAl!IUEL HAWKINS,

ISAAC P. TISON,
Senate Committee.

ALBERT H. Cox, Chairman House Committee;
w 1!1. M. HAMMOND,
R. C. HUMBER, H. G. WRIGHT, JOHN l. HALL,
W. J. NoRTHERN,
ALLEN FoRT,

ARTHUR H. GRAY,
House Committee.

Mr. Strother, of Lincoln, introduced the following resolution, which was read and referred to the Committee on Rules, to-wit:
A resolution-
That the vote on the question of referring local bills be taken by raising the hand.

Mr. Bleckley asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill to-wit:
A bill to authorize the Faculty and Board of Trustees of Rabun Gap High School to grant diplomas.

FRIDAY, JULY 11, 1879.

601

On a division the yeas were 95, nays none; so the bill was referred, by the necessary two-thirds vote.

Mr. Janes asked leave to introduce and have referred to the Committee on Local and Special Bills, with au thority to consider and report thereon, the following bill, to-wit :
A bill to amend the 5th section of an act amending thP act incorporatin the stockholders of the Cartersville and Van 'Vert Railroad Company, etc., approved October 25, ~875, so as to strike out the words ''an~ all suits against said company shall be instituted and tried at Cartersville, Georgia, in the courts there to be held of competent jurisdiction.

On a division the yeas were 89, nays none ; so the bill was referred, by the necessary two thirds vote.

Mr. Janes also asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill to-wit:
A bill to amend the charter of the ChProkee Iron Company, so as to authorize said company to build and operate a railrord from Cedartown, Ga., to the Selma, Rome and Dalton Railroad, and for other purposes.

On a division, the yeas were 97, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Cook asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill towit:
A bill to repeal the act prohibiting the sale of intoxinating liquors and bitters within two miles of Duluth and one mile of Milner, approved February 28, 1874.
39

602

JouRNAL oF THE HousE.

On a division, the yeas were 98, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Brintle asked leave to introduce and have referred to the Committee on Local and Special Bills. with authority to consider and report thereon, the following bill, to-wit:

.A bill to repeal the act consolidating the offices of

Clerk of the Superior Court and County Treasurer in

the county of Paulding.
.

.

On a division, the yeas were 92, nays none ; so the

bill was referred by the necessary two-thirds vote.

Mr. Elder asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit :
.A bill to provide for the payment of insolvent costs to the Solicitor-General, Clerk of the Superior Court and Sheriff of Oconee county.

On a division, the yeas were 125, nays none ; so the bill was referrE>d by the necessary two-thirds vote.

Mr. Crawford asked leave to intioduce and have re!Prred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit :
.A bill to exempt from jury duty all active members to the number of sixty of the Columbus Guards, a volunteer military company of the city of Colnllllbus.

On a division, the yeas were 108, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Crawford also asked leave to introd nee and have referred to the Committee ou Local and Special Bills,

FRIDAY, JuLY 11, 1879.

603

with authority to consider and report thereon, the fol-

lowing bill, to-wit:



A bill to exempt sixty members of the Muscogee Rifles, a volunteer military organization from jury duty.

On a division, the yeas were 108, nays none; so the bill was referred by the necessary two-thirds vote.

Mr. Crawford also asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:

A bill to exempt from jury duty the active members of the City Light Guards of Columbus.

On a division, the yeas were 101, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Crawford also asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:

A bill to repeal an act prescribing the mode of granting license to sell intoxicating liquors in Muscoge~ county, outside of the corporate limits of the city of Columbus, approved February 23, 1876.

On a division, the yeas were 100, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Crawford also asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, th~ following bill, to wit :
A bill to exempt from jury duty the active members of the Fire Department of Muscogee county.

604

JoURNAL OF THE HoUSE.

On a division, the yeas were 99, nays none ; so the bill was referred hy the necessary two-thirds vote.

Mr. Phinizyasked leave to introduceandrefertothe Committee on Local and Specilil Bills, with authority to consider and report thereon, the following bill, towit:
A bill to amend the act amendatory of the act creating.a Board of Commissioners of Roads and Revenues for the county of Monroe, approved August 21, 1872, and amendment, approved February 21, 1876.

On a division, the yeas were 105, nays none; so the bill was referred by the necessary two-thirds vote.

Mr. McRae offered the following bill for introduction and reference to the Committee on Local and Special Bills, with authority to consider and report thereon, to wit:
A bill to prevent persons ~rom hunting on the lands, enclosed or unenclosed, of another, in Montgomery county, without consent of the owner.

On a division, the yeas were 103, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Collins asked leave to introduce and refer to the Committee on Local and Special Bills, with a~thority to consider and report thereon, the following bill, towit:
A bill to provide for the compensation of the Commissioners of Roads and Revenues for the county of Mitchell, and the payment thereof.

On a division, the yeas were 120, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Collins also asked leave to introduce and huve

FRIDAY, JULY 11, 1879.

60{)

referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to repeal an act requiring the registration of voters in the counties of Thomas, Lowndes, Decatut, Mitchell and Camden, approved February 23, 187?.

On a division, the yeas were 90, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Cunningham also asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit :
A bill to authorize the Ordinary and County Board of Milton county to borrow money to pay for building the court-house in said county.

On a division, the yeas were 101, nays none; so the bill was -referred by the necessary two-thirds vote.

By a vote ot 118 yeas to nays none, the following bill
Was read the first time, and referred to the Committee on Corporations, to-wit :
By Mr. RoneyA bill to amend the act incorporating the town of Thomson, in McDuffie county, so far as relates to the increase of the tax on sale of spirituous liquors.

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

Mr. Speaker:

I am instructed by the Senate to report that the Senate insists upon its disagreement to the substitute of the House for the Senate bill to reduce and regulate fees of Tax-Receivers and Collectors in all the counties

606

JOURNAL OF THE HOUSE.

of this State ; and that the Senate consents to a committee of conference, and has appointed as said committee, on the part ot the Senate, Senators Cabaniss, Simmons and Howell.

Mr. Paine, 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 bill, to-wit:
A bill to alter and amend section 4411 of the Revised Code of 1873, in relation to the punishment of larceny from the person.
W. W. PAINE, Chairman.

The following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to-wit:
By Mr. LivingstonA bill to provide for the relief of the estate of John Harris, by reason of suretyship on the bond of Isam P. Harris, as Treasurer of 'Vestern and Atlantic Railroal.

On this bill a vote of the House was taken, and it was passed by a first reading hy yeas 125, nays none.

By Mr. Crawford-

A bill to repeal the act exempting from process of

garnishment the wages of journeymen mechanics and

day laborers, approved February 7, 1876.



By Mr. Anderson, of Pulaski--

A bill to prevent the sale of spirituous liquors in the

State of Georgia, from and a:ter the 1st of January,

FRIDAY, JULY 11, 1879

607

1R80, outside of incorporated towns havin5 authority to grant license.
By Mr. GarrardA bill to alter and amend section 2705 of the Code, which provides when and where deeds shall be recorded.
By Mr. GarrardA bill to speed the trial of criminal cases, and to regulate bail and forfeiture of recognizances.
By Mr. CrawfordA bill to amend sections 951, 952, 953 of the Code, relative to mutilated, lost or destroyed bonds or conpons. By Mr. HallA bill to amend section 1961 of the Code, in relation to the probate of mortgages for record. By Mr. GarrardA bill to to require all Clerks of the Superior and City Courts to make immediate record of certain original papers filed in record courts, and to prescribe pen alties for failure to do so. By Mr. CollinsA bill to change the time of holding the Superior Courts of Mitchell county. By Mr. Gammaw~A bill to amend section 3845 of the Code, with reference to pay of non-resident witnesses. Ay Mr. StrotherA bill to amend the act to keep open, re::nove, and prevent obstructions to the free passage of fish in the in the waters of all rivers and months of creeks in this State, approved December 16, 1878. Also, a bill to amend section 4263 of the Code, so as to strike out the word "and" and insert "or." Also, a bill to provide for an appeal from one jury to another in the Superior Courts, and to carry into ef-

60R

JouRNAL OF TIIE HousE.

ect paragraph 6, section 4, article 5, of the Constitution.
By Mr. Miller, of LibertyA bill to require Commissioners of Roads and Revenues in this State to be bonded. Also, a bill to amend section 4560 of the Code of 1873. Also, a bill to make the violation of a contract in writing a misdemeanor. Also, a bill to amend section 4372 of the Code of 1873.
By Mr. BurchA bill to amend section 1319 of the Code with reference to the election of all county officers. Also, a bill to amend section 3700 of the Code, as to Constables' fees for serving warrants, summons or attachments. By Mr. PikeA bill to carry into effect paragraphs 1 and 2, section 7, article 6, of the Constitution, with reference to creation of bonded debts by county and municipal corporations. Also, a bill to amend section 1589 of the Code, with reference to weights and measures. Also, a bill to amend sections 2758, 2760, 2761, 2768, 2770 and 2772 of the Code, in relation to court contracts. By Mr. Davis, of HoustonA bill to prevent the sale of fertilizers and chemicals without having the analysis thereof stamped on the package, and for other purposes. Also, a bill to change the time of holding the Superior Court in Houston county. By Mr. RedwineA bill to change the times of holding Lumpkin and Dawson Superior Courts. By Mr. GrantA bill to make it a penal offense for any Ta~-Col-

FRIDAY, JuLY 11, 1879.

609

lecto to receive any county order in payment of taxes, or to speculate in the same.
By Mr. HutchinsA bill to alter and amend section 4747 of the Code, on the subject of bail in criminal cases.
By Mr. MevVhorterA bill to amend section 1456 of the Code. Also, a bill to amend section 1458 of the Code. Also, a bill to amend section 1676 of the, Code, with reference to the creation of private corporations by the courts of this State. By Mr. RoachA bill to limit and regulate the bringing of suits sounding in torts against municipal corporations in this State. Also, a bill to authorize the Comptroller-General to administer oaths. By Mr. MynattA bill to amend SPction 3036 of the Code, with reference to injuries to employes of railroad companies and suits therefor. Also, a bill to repeal section 1966 of the Code of 1873. Also, a bill to provide for the redemption of land sold for State taxes, county taxes and taxes due municipal corporations. Also, a bill to provide for the compensation of Auditor;::.

The following bill was, by permission of the House, by a vote of 109 to 0, read the first time and referred to the Committee on the Judiciary, to-wit :
By Mr. MynattA bill to declare and ameP.d the laws of this State touching the jurisdiction and modes of procedure in the Snperior Courts in certain cases, so far as the same

610

JouRNAL oF THE HousE.

relates to the county of Fulton and all other counties having therein a city of two thousand or more inhabitants.

Tbe following bill was, by a vote of yeas 102 to nays none, rererred to tbe Committee on the Judiciary, after being read the first time, to-wit:
By Mr. HudsonA bill to revise the jury-box of the county of Harris, and for other purposes.

Mr. Mynatt offered tht> following bill, which, by a vote of yeas 118 to nays none, was read the first time and referred to the Committee on Corporations, towit:
A bill to amPnrt the act Pstablishing a new charter f0r the City of Atlanta, approved February 28, 1874, and thP. sevPr::t l ads amedatory thflreof, so as to authoriz~ the sail eity to issue bonds to be sold and the proceeds usdd in payiug off its present floating debt, and for other purposes.

Mr. McvVhorter offered the following resolution, which was read and referred to the Committee on Education, to-wit:

A resolution-

Requesting and instructing the Committee on Education to inquire into the propriety of abolishing the offices of State and County School Commissioner, and to investigate and report if the cause of the common school education cannot be as well subserved without these offices, and to report by a general bill looking to this end and the economical distribution of the common school fund.

Mr. Mynatt offered the following bill, which, by a

FmDA v, .JuLY 11, 1879.

611

vote of 105 yeas to nays none, was introduced, read the first time, and referred to the Committee on Corporations, to-wit:
A bill to amend the charter of Atlanta so far as to authorize the Mayor and Council of said city to levy and co1lect a business tax as therein provided.

Mr. Anderson, of Morgan, offered the following bill, which, by a vote of 128 yeas to nays none, he was -permitted to introduce, have read the first time, and referred to the Committee on Finance, to-wit:
A bill to a-ppropriate money to pay for cross-ties used by the Western and Atlantic Railroad.

The following bills were introduced, read the first

time, and referred to the Committee on Finance :

By Mr. Luffman-

A bill to carry into effect fully the true meaning and

intent of article 7, section 13, paragraph 1, of the Con-

stitution, so as to apply to the payment of the State's

bonded debt any property of the State that may be

sold.

By Mr. Redwine-

A bill to regulate and restrict the rate of interest in

this State, and for other purposes.

By Mr. Grant-

A bill to regulate and restrict the rate of interest in

this State, and for other purposes.

By l\.fr. McWhorter-

A bill to provide for the levying a tax .on Gypsies

and other strolling bands.

The following bill was introduced, and referred to

the Committee on Education.

By Mr. Luffman-

A bill to abolish County School Commissioners and

sub3titute County Treasurers, and to fix the compen-

sation.

'

612

JouRNAL oF TnE HousE.

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

By Mr. Davis, of HoustonA bill to induce immigration by exempting from taxation, for the spaceoffive years, property to the amount of $1,000, brought into this State.

The following bills were introduced, read the first time, and referred to the Committee on Agriculture :
By Mr. NorthernA bill for the protection of game and fish in this State, antl for other purposes.
By Mr. WelchA bill to prevent the driving or grazing of diseasP.d cattle into places other than those where the cattle are diseased, and to fix a penalty.

The following bill, by a two-thirds vote, yP.as 120, nays none, was introduced, read the first time, and referred to the Committee on Finance :
By Mr. PopeA bill for the relief of the heirs of Eli S. Glover, and to appropriate money to pay the per diem and mileage due him by the State for services rendered in the year 1869 as a member of the House of Representatives.

The following bill, by a two-thirds vote, yeas 118, nays none, was introduced, read the first time, and referred to the Committee on Corporations :
By Mr. McCurryA bill to incorporate the Hartwell Railroad Company, and for other purposes.

The following bill, by a two-thirds vote, yeas 120, nays none, was introduced, read the tirst time, and referred to the Committee on Corporations :

Jl'RIDAY1 JULY 11, 1879.

613

By Mr. BurchA bill to incorporate to Oconee River Steamboat Company.

The following bill, by a two-thirds vote, yeas 124, nays none, was introduced. read the first time, andreferred to the Committee on Finance :
By Mr. LambA bill to authorize and require the Treasurer of Georgia to pay to the Board of Education of Glynn . county a sum of money equivalent to the quota of school tax for the county of Glynn for the year 1876.

The following bill, by a two-thirds vote, yeas 124, nays none, was introduced, read the first time, and referred to the Committee on Corporations :
ByMr. LambA bill to incorporate the Brunswick and St. Simons Telegraph Company.

The following bill, by a two-thirds vote, yeas 129, nays none, was introduced, read the first time, andreferred to the Committee on Corporations :
By Mr. TarverA bill to amend the charter of the Louisville Branch Railroad Company.

The following bill, by a two-thirds vote, yeas 114, nays none, was introduced, read the first time, andreferred to the Committee on Corporations :
By Mr. MynattA bill to authorize the Ordinary of Fulton county to contract with the owner of abstracts of title of Fulton county to purchase the same, and keep them for the benefit of the people of said county.

The follawing bill, by a vote of two-thirds, yeas 120,

614

JOURNAL 01!' Till!: ftoUS.I!:

nays none, was introduced, read the first time, and referred to the Committee on Finance:
By Mr. Mynat~
A bill for the relief of vVm. Rich from a judgment rendered against him in favor of Governor A. H. Colquitt at the December term, 1877, of the City Court of Atlanta, as security on a criminal bond.

On motion of Mr. Hulst>y, the bill to establish the Middle Georgia Military and Agricultural College was made the special order for Monday, the 14th inst., at 10 o'clock A. M.

Mr. Roney asked leave to introduce and have referred to the Committee on Local and :::lpecial Bills, . with authority to consider and report thereon, the following bill, to-wit :
A bill to repeal the act creating a County Court in each county, so far as the same relates to McDuffie county.

On a division, the yeas were 101, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Roney also asked leave to introduce and have referred to the Committee an L.Jcal and Special Bills, with authority to uonsider and report thereon, tne following bill, to-wit:
A bill to prohibit the sale or furnishing of spirituous, malt, or other intoxicating liquors within McDuffie county; and to provide a punishment.

On a division of the House, tht> yeas were 115, nays none; so the bill was referred, by the necessary twothirds vote.

Mr. Howell, of Lownes, asked leave to iut1:oduee and

PmD.AY, JuLY 11, 1879.

615

have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:

A bill to prohibit the sale of spirituous or intoxicating liquors in the town of Naylor, in Lowndes county, or within four miles of said town.

On a division, the yeas were 94, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr..Miller, of Liberty, asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to regulate the sale of liquors in the county of Liberty.

On a division, the yeas were 94, nays none; so the bill was referred by the necessary two-thirds vote.

Mr. Barron asked ~eave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:

A bill to repeal the act creating a Commissioner of of Roads for the county of Jones.

On a division, the yeas were 104, nays none ; so the bill was so referred by the necessary two-thirds vote.

Mr. Burch asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:

A bill to amend the act fixing the pay of Tax-Receiver and Collector ot' Laurens county, and to consol-

616

JoURNAL, OF THE HOUSE.

idate the offices of County Treasurer and Clerk of the Superior Court, approved February 27, 1877.

On a division, the yeas were 92, nays none; so the bill was referred by the necessary two-thirds vote.

Mr. Barron asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to prevent the hunt of game on the lands of others in the county of Jones without permision from the owners.

On a division, the yeas were 100, nay~ none; so the bill was referred by the necessary twothirds vote.

Mr. Baron asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to wit :
A bill to prevent the destruction of game in the county of Jones.

On a division, the yeas were 93, nays none; so the bill was referred by the necessary two-thirds voted.

Mr. Johnson, of Johnson, asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit :
A bill to create a Board of Commissioners of Roads and Revenues for Johnson county.

On a division, the yeas were 105, nays none ; so the bill was referred, by the necessary two-thirds vote.

Mr. Bennett also asked leave to introduce and have

FRIDAY, JULY 11, 1879.

617

refern~d to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:

.A. bill to authorize the Ordinary of Jackson county to issue bonds to build a court-house, and to provide for red2mption of the same.

On a division, the yeas were 109, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Miller, of Houston, asked permission to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to authorize the County Commissioners of Houston eounty to purchase property put up for sale, in said county or elsewhere, for State and county taxes, or under any legal process in which said county is interestedas plaintiff or otherwise.

On a division, the yeas were 105, nays none ; so the bill was referred, by the necessary two-thirds vote.

Mr. Miller also asked leave to introduce ani have referrRd to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
.A. bill to authorize the County Commissioners of Houston county to let out, by special contract, the building or repairing of the public bridges of said county, for a term of ten years.

On a division, the yeas were 99, nays none ; so the bill was referred, llJ the necessary two-thirds vote.

Mr. Dicken asked leave to introduce and have referred to the Committee on Local and Special Bills,
40

618

JOURNAL OF 'fHE~HOUSE.

with authority to consider and report thereon, the fol lowing bill, to-wit:

A bill to create a Board of County Commissioners of Roads and Revenues for Henry county.

On a division, the yeas ~ere 94, nays none ; so the bill was referred, by the necessary two-thirds vote.

Mr. Daniel asked leave to introduce and have referred to the Committae on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:

A bill to regulate the compensation of Tax-Receiver and Collector, and Treasurer of the coq.nty of Heard.

On a division, the yeas were 91, nays none; so the bill was referred, by the necessary two-thirds vote.

Mr. DuBose asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:

A bill to encouage the culture of fish in the natural and artificial ponds on the plantations of David Dixon, of the county of Hancock, in the said county, and in Washington county.

On a division, the yeas were 92, nays none; so the bill was refel'xed, by the necessary two thirds vote.

Mr. Redwine asked leave to introduce and have refe!Ted to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to incorporate the town of Bellton in the counties of Hall and Banks.

J!'mDAY, JULY 11, 1879.

619

On a division, the yeas were 99, nays none ; so the bill was referred, by the necessary two-thirds vote.
Mr. Me"\Vhorter asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to amend the act prescribing the manner of granting license to retail intoxicating liquors in the counties of Schley, Talbot and Greene, so to exempt W. B. Guill, an infirm man of the county of Greene, from the provisions of said act.
On a division, the yeas were 112, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Hutchins asked leave to introduce and refer to the Committee on Local and ~pecial Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to amend the 6th section of the act creating a Board of Commissioners for Gwinnett county, so as to authorize said Commissioners to appoint o1 employ their own clerk, and to fix his salary not exceeding fifty dollars per annum.
On a division, the yeas were 112, nays none ; so the bill was referred by the neces~ary two-thirds vote.
Mr. Mynatt asked leave to introduce and have rereferred to the Committee on Local and Special Bills, with authority to consider and rep,nt thereon, the following bill, to-Y;it :
A bill to create a Board of Commissioners of Roads and Revenues for the county of' Fulton, and to define their powers and duties.

620

JouRNAL Olt' TIIE HousE.

On division, the yeas were 107, nays none; sv the bill was referred by the nf>cessary two-thirds vote.

Mr. Mynatt also asked leave to introduce and refer to

t.he Committee on Local and Special Bills, with author-

ity to consider and report thereon, the following bill,

to-wit:



.A bill to prohibit the sale of spirituous 1iquors, or other intoxicating beverages of any description, in the town of "\Vest End, Fulton county, Georgia, or within two miles of the corporate limits of sa:d town, except so far as the city of Atlanta, within her .boundaries, may license the sale of the same.

On a division, the yP::ts were 101, nays none; so the bill was referred by the necessary two-thirds vote.

Mr. Hulsey asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill for the relief of C. A. Nutting and John T. Grant, as sureties of John Jones, late rreasurer of the State of Georgia.

On a division, the yeas were 121, nays none; so the bill was referred by the nec..ssary two-thirds vote.

Mr. Hulsey introduced the following resolution, which was read and referred to the Committee on the Judiciary, to-wit :

A resolution-

Autlwrizing the Governor to subscribe for two thousand copies of the Analyticat Index or the Constitution of 1877, prepared by H. R. Goetchins and Thomas J. Chappell.

FRIDAY, JuLr 11, 1879.

621

Mr. Hulsey introd need the following rcsol ut:on, which was read and referred to the Committee on the Judiciary, to wit:

A resolution-

Authorizing and requesting the Governo1 to p11rchase three hundred copies of the acts of this General Assembly for the use of the House and Senate.

The privileges of the floor were granted to Hon. W. H. Dabney and Ilon. James S. Hook.

By a vote of two thi:-ds, yeas 122, nays none, the following bill was introduced, read the the first time, and referred to the Committee on the Judiciary, to wit :
By Mr. Johnson, of JohnsonA bill to repeal au act apportioning the road hands of Johnson and Emanuel counties, so far as the same relates to the county of Johnson.

Leaves of absence were grante<l as follows : To Mr. Fort, on businesfl of importance; to Mr. Mc\Vhorter for Monday, on hnsinPss; to Mr. Brantley for one day, on business ; to Mr. Luffman, on account of sickness ; to Mr. Clegg for a few days, on account of bad health; to Mr. Harris, on account of sickness; to Mr. Hollis, on account of sickness; to Mr. \Veehunt, on account of sickness; to l\'Ir. Anderson, of Newton, and Mr. Oliver, on account of sickness, and to Mr. Perkins for two days after to-morrow, on account ofimportant business.

The House then adjourned till 9 o'clock A. 111., tomorrow.

622

JOURNAL OF TITR HoUf:lR.

ATLANTA, GEORGIA,
Saturday, July 12, 1879.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. J. H. Martin.
The .roll was called and a quorum found to be present.
Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
Mr. Livingston, chairman of the Committee on Agriculture, submitted the following report :
Mr. Speaker:
The Committee on Agriculture have bad under consideration the following bills, to-wit:
A bill to be entitled an act to make unlawful the sale or purchase of farm products between sunset and sunrise, which they recommend do pass by substitute.
Also, a bill to be entitled an act to prevent the sale of spirituous liquors in the State> of Georgia, from and after the first day of January, 1880, except within the incorporated limits of towns, cities and villages, having by law the authority to grant license; to revoke the authority now given by law to Ordim1ries, Judges, etc., to-grant license, and to prescribe when this act shall ro into effect as to licensPs already granted, which they return without recommendation.

SATI'J:DAY, Jnr,y 12, 18~9

623

Also, a bill to require all merchants and traders o ~ this State to keep a book account of all farm products bought by them, which they recommend do not pass.
Al5o, a bill to be entitled an act declaring violation of contracts in certain cases criminal, which they recowmenct do not pass.
Also, a memorial of the rt>sident physicians of Macon, in this State, relative to the State Board of Health, whose object the committee commend to the House, and recommend that a special committee of seven be appointed to consider L1e same, and rPport their conclusions by bill or otherwise.
All of which is respe1Mully submitted. L. F. LIVINGSTON, Chairman.

Mr. Hammond, chairman of the Committee on Local and Special Bills, submitted the following report:
Mr. Speaker :
The Committee on Local and Special Bills have had under consideration the following bills, which they have found incapable of being consolidated with any other local bill or bills now in their possessio:1, :md which they report to the Honse with the recommendation that they be placed on their first reading, and refened to appropriate committees, to-wit :
A bill to be entitled an act to provide for the compensation of the Ordinary of the county of Washington.
Also, a bill to amend 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, a bill to amend an act regulating the manner of holding municipal elections in the city of West

624

JouRNAL OF TIIE HousE.

Point, and to require voters to register, and to define
who are legal voters in said city.
Also, a bill to prohibit the catching of fish in the waters of the Little Ocmulgee River for the purpose of sale.
Also, a bill to amend the charter of the town of Crawford ville.
Also, a bill to amend an ::tct incorporating the town of Talbotton.
Also, a bill for the relief of Richard H. Leonard, of the county of Talbot.
Also, a bill to amend an act authorizing the City Council ot Augusta to create a Board of Health for said city.
Also, a bill to repeal the first, second and fourth sections of an act regulating the time for which the Mayor of the city of Augusta shall hold his office, and for other purposes.
Also, a bill to create a Board of Police Commissioners for the City of Augusta.
Al8o, a bill to regulate the publication of tbe Registered voters of the city of Augusta.
Also, a bill to confirm an ordinance of the City Conncil of Augusta creating a sinking fund.
Also, a bill to amend an act requiring the Mayor of the city of Augusta to discharge the duties of Recorder, and to limit the salary of said Mayor.
Also, a bill to amend an act allowing a salary to the County Treasurer of Richmond county, and to fix the amount thereof'.
Also, a bill to be entitled an act to repeal an act providing for the payment of certain insolvent costs in the Augusta Judicial Circuit, approved :February 15, 1873, in so far as said act applies to the county of Richmond.
Also, a bill to create a city government for the town

SATURDAY, JULY 12, 1879.

625

of Eatonton, in the county of Putnam, in lieu of the present town gowrnment, and for other purposes.
Also, a bill to amend an act incorporating the Cartersville and Van \Vert Railway Company, approved October 25, 1875.
Also, a bill to amend the charter of the Chf>rokee Iron Company.
Also, a bill to repeal an act prescribe the mode of granting license to sell intoxicating liquors in Muscogee county, outside of the corporate limits of the city of C0lumbus, approved February 23, 1876.
Also, a bill to amend the act amendatory of the act creating a Board of Commissioners of Roads and Revenues for the county of Monroe, approved August 21, 1872. Amendment approved February 21, 1~76.
Also, a bill to repeal an act providing for the registration of electors in the counties of Thomas, Lowndes, Decatur, Mitchell and Camden, and to prevent illegal voting in the same, approved February 23, 1875.

Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the following report :

M1. Speaker :

The Committee on the Judiciary have had under consideration the following Senate bill, which they recom mend do pass, as amended, to-wit:
A bill to be entitled an act to prescribe fees of ~olici
turs of County Courts, where the S<:tme are not now pro vided by law.

The committee have also had under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to prevent the giving or pwmising to give by any person, either for himself, or

626

JouRNAI, OF TIIR HousE.

for another, or for any bank or corporation, any fee, interest or reward, to the Treasurer or other officer of the State, or to any person whatsoever, for the deposit or use of money of the State, and to prescribe a penalty therefor.

The committee have also had under consideration the following bills, which they recommend do pass by substitute, to-wit:
A bill to be entitled an act to amend section 3796 of the Revised Code of Georgia, by adding a proviso thereto.
Also, a bill to be Pntitled an act to amend section 4310 of the Code of 1873. in relation to the punishment of persons convicted of misdemeanors, and for other purposes.

The committee have also had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to be entitled an act to protect landlords in securing rents, and for other purposes.
Also, a bill to be entitled an act to prescribe com. pensation for jurors and officers in cases of lunacy and inquests.
H. G. TuRNER, Chairman.

The Committee on Education submitted the following report:
Mr. Speaker:

The Committee on Education have considered a bill "to be entitled an act to abolish County School Commissioners and substitute in lieu thereof County Treasurers, an to fix their compensation, and for other purposes," which they recommend do not pass.

SATURD A1, Jur,y 12, 18'i9.

627

Also, a bill "to be entit.led an act to alter and amend section 28 of the school law of August 22, 1872, and to carry into effect, as to the past, the concluding words of that section, as construed by the State School Commissioner," which they recommend do pass, as amended.
Also, a resolution "looking to the abolition of offices of State School Commissioner and County School Commissioners," and are of the opinion that these officers are necessary to the efficient operation of the common school system, and decline to introduce a bill as required by the resolution.
Also, a memorial "asking consideration of the minutes of the Sabbath School Association of Camden county, in relation to thA passage of the Bell punch hill," which they recommend be referred to the Committee on Finance.
All of which is respectfully submitted. "'\V. J. NoRTHERN, Chairman.

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

Mr. Speaker:

His Excellency, the Governor, b.as approved and signed the following act, to wit :
An act to alter and amend section 4411 of the Revisud Code of 1873, in relation to the punishment of larceny from the person.

Mr. Harrison introduced the following resolution, which was read and agreed to, to- wit:

.A. resolution-

Requesting the Committee on Rules to consider and

628

JouRNAL oF rrrE HousE.

report what rules are necessary to expedite the. reading of local bills, reported back to the House for a first reading.

The priviliges of the floor were extended to Ron. James M. Beall and Colonel J. M. Truitt.

On motion of Mr. Turner, of Brooks, at the request of the Committee on the Judiciary, Mr. McCurry was added to said committee.

On motion of Mr. Redwine, the regular and special orders of the day were displaced, and the call of counties was resumed, commencing with Fulton county.

Mr. Hulsey, of Fulton, asked leave to introduce and refer to the Committee on Local u,nd Special Bills, with authority to consider and report thereon, the following bill, to- wit:
A bill to amend an act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, so far as to provide for three instead of five vVater Commissioners for said city, and to provide their compensation.

On a division, the yeas were 112, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Hulsey also asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill to-wit.:
A bill to amend the acts incorporating the Georgia Banking and Trust Company, so as to provide for the reduction of its capital stock.

0:1 a division, the yeas were 112, nays none; so the bill was referred by the necessary two-thirds votE'.

SA'l'UlWAY, JULY 12, 1879.

629

Mr. Hulsey also asked leave to introduce and have referred to the Committee an L >cal aud Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to amend the act establishing the City Court in the City of Atlanta ; to regulate the payment of insolvent costs heretofore accrued of the several officers of said court, and to provide for the auditing of the several claims, etc.

On a division, the yeas were 99: nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Hulsey also asked leave to introduce and have referred to t.he Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to authorize the Governor of this State to pay the Philadelphia, 'Vilmington and Baltimore Railroad Company the sum of $550, with interest thereon from December 31, 1870.

On a division the yeas were 96, nays none ; so the bill was referred, by the necessary two-thirds vote.

Mr. Hulsey also asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to- wit :
A bill to amend the road laws so far as rdates to the county of Fulton, and provide for the working of convict labor, etc.

On a division, the yeas were 99, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Hulsey also askl'd leave to introduce and refer

630

JOURNAL OF 1'HE HoUSE.

to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to wit:
A bill to incorpo.rate the Georgia branch of the National Bell Telephone Company.

On a division, the yeas were 93, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Riden asked leave to introduce and have 1efened to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit :
A bill to provide one Commissioner of Roads and Revenues in the county of Forsyth, and to prescribe his powers and duties.

On a division, the yeas were 106, nays none ; so the bill was referred, by the necessary two-thirds vote.

Mr. Shannon asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:

A bill to incorporate the Carnsville Railroad Company.

On a division, the yeas were 104, nays none ; so the bill was so referred by the necessary two-thirds vote.

Mr. Berry asked leave to introduce and have re ferred to the Committee on Local and ~pecial Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to reassert and maintain the supremacy of the laws of Georgia as enacted by the General Assembly of the State of Georgia and set forth in Irwin's Re-

SATURDAY,[JULY 12, 1879.

631

vised Code, especially section 3623, and common law rule No. 1, against the rulings or decisions of any oourt or judge of 'the State of Georgia.

On a division, the yeas were 88, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Reese asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to abolish the County Court of Floyd county, and transfer the business thereof to the Superior Court.

On a division, the yeas were 100, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Reese also asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to relieve S. S. Johnson and J. L. Johnson from liability on a criminal bond for the appearance of James Payne.

On a division the yeas were 105, nays none ; so the bill was referred, by the necessary two-thirds vote.

Mr. Reese also asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to- wit :
A bill to amend the seco'lii section of the act repealing the act incorporating the town of Hillsborough, in the county of Floyd, and all acts amendatory thereof, and to incorporate the town of South Rome, and make five Commissioners instead of three.

632

J 0 URNAL OF 'l'HE HoUSE.

On a division, the yeas were 88, nays none; so the bill was 'referred by the necessary tw?-thirds voted.

Mr. Walters asked leave to introduce and have re-

ferred to the Committee on Local and Special Bills, with

authority to consider and report thereon, the following

bill, to-wit :



.A. bill to change the line. between the counties of

Dougherty and Baker.

On a division, the yeas were 100, nays none; so the bill was referred by the necessary two-thirds vote.

Mr. Duggar offered the following bill, which, by a two-thirds vote, yeas 96, nays none, was read the first time, and referred to the Committee on Corporations :
.A. bill to incorporate the Toccoa Navigation and Timber Company.

Mr. Dugger offered the following bill, which, by the the necessary two-thirds vote, yeas 101, nays none, was read the first time, and referred to the Committee on Internal Improvements, to-wit:
.A. bill to provide for the opening and construction of a public road across the Blue Ridge, in the counties of Lumpkin and Fannin; to appoint Commissioners, and appropriate $1,000 for the same.

Mr. Bell asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
.A. bill to provide for a Board of Commissioner of Roads and Revenues for the county of Emanuel, and define their powers.

On a division, the yeas were 89, nays none ; so the bill was 1eferred by the necessary two-thirds vote.

SATURDAY, JULY 12, 1879.

633

Mr. vVestbrook offered the following local bill, towit:
A bill to authorize the county ofDougherty, through its Commissioners, to issue bonds of said county for the sum of $30,000, and to levy a tax for the payment of the same, for the purpose of establishing a free bridge over Flint River at Albany, etc.

On the question of referring this bill to the Committee on Local and Special Bills, Mr. vVestbrook called for the yeas and nays.

The call was sustained, and the vote was as follows:

Those voting in the affirmative are Messrs.-

Adams, Anderson of Morgan, Anderson of Pulaski, Awtry, Barksdale, Bell, Berry, Bird, Bleckley, Born, Branch, Brintle, Buchan, Burch of LaurenH, Burch of Towns, Butler, Butt, Cannon, Carr, Chambers, Chapman, Colley, Cook, Cox of Harrill, Cox of Troup, Crawford,
41

Green of ::lladison, Hall, Hammond, Hanks, Hamilton, Harrell, Harp, Harrison, Henderson, Hill, Hogan, Hollis, Ho,vell of Pickens, Hulsey, Humber, Hutchins, Inine, Ivey, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimtiey, King,

Paull, Peacock, Phillip~' of Carroll, Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Poppell, Prescott, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Shannon, Sharman, Sheffield of ~filler, Sibley, Sikes, Smith of Butt.!,

634

JouRNAL OF THE HousE.

Cunningham, Daniel, Davis of Baker, navison, DeLoach, Dickin, Dozier, DuBose, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fuller, Garrard, Grant, Gray, Glover, Green of Baldwin,

Kirby, Lamb, Lang, Livingston, Mathews, Maund, McAfee, McConnell, McCurry, l\IcDona.ld, 1\IcLu.:as, McRae, McWhorter, Miller of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Patterson;

Smith of Walton, Strother, Taliaferro, Tarver, Tate, Tatum, Toole, Turner of Brooks, Turner of Coweta, Walters, Walton, Welch, Westbrook, Wheeler, Wilcox, Williams of Columbia, Williams, C. W., Williams, F. J. Wilmot. Wilson, Yancey, Zellner.

Those not voting are Messrs.-

Anderson of Newton, Barron, Bennett, Brannon, Brantley, Clegg, Collins, Davis of Houston, Fort, Gammage,
Yeas 144.

Harris, Howell of Lowndes, Hudson, Luffman, l\1cGourick, Paine, Park, Perkins, Phillips of Cobb, Scruggs,

Sheffield of Early, Sims, Smith of Oglethorpe, Strickland, Thomas, Vick, Wall, \Veehunt, Willingham, Wright.

NaysOO.

Not voting 30.

So the bill was referred by the requisite two-thirds vote.

Mr. Toole offered the following bill, and asked that it be referred to the Committt:>e on Local and Special

S.ATUUDAY, JULY 12, 1879.

635

Bills, with authority to consider and report thereon, to-wit:
A bill to abolish the County Court of Dooly county.

Mr. Toole asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, th~ following bill towit:
A bill to appoint a Board of Commissioners of Roads and Revenues for the county of Dooly.

On a division, the yeas were 101, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Buchan asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill~ wit:
A bill to amend the act incorporating the town of Eastman.
On a division, the yeas were 99, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Bul\han also asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit :
A bill to regulate the sale and use of intoxicating liquors in the county of Dodge.

On a division, the yeas were 98, nays none; so the bill was referred by tl1e necessary two-thirds vote.

Mr. 'l'urner, of Coweta, asked leave to introduce and have referred to the Committee on Loca~ and Special

63.6

JoURNAL OF THE HOUSB.

Bills, with authority to consider and report thereon,
to-wit:
A bill to consolidate, amend and supercede the several acts incorporating the town of Senoia, in the county of Coweta; to repeal conflicting laws, and provide for a Mayor and Council, and prescribe their powers and duties.

01!1. a division, the yeas were 101, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Phillips, of Coffee, asked leave to introduce and refer to the Committee on Local and Special Bills, . with authority to consider and report thereon, the following bill, to-wit :
A bill to fix the license for selling intoxicating liq1tl&rs in Coffee county.

On a division, the yeas were 109, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Turner, of Coweta, asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to authorize the stockholders of the People's Bank, of Newnan, Ga., to reduce their capital stock to $50,000.

On a division, the yeas were 89, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Harrell asked leave to introduce and refer to the Committee on Local and Special Bills, with authority
to consider and report thereon, the following bill, to-
wit:
A bill to authorize the Board of Commissioners of

SATURDAY, JULY 12, 1879_

6'97

Decatur county to issue bonds not to exceed $4,000, to build a bridge over the Flint River, near Bainbridge.

On a division, the yeas were 107, na.ys none; eo the bill was referred by the necessary two-thirds vote.

Mr. Harrell also asked leave to introduoe and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to authorize the city of Bainbridge to levy a tax for the purpose of establishing and maintaining a public school system in said city.

On a division, the yeas were 99, nays none; so the bill was referred by the necessary two-thirds vote.

Mr. Parnell asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit :
A bill to withdraw all rights, etc., heretofore granted to the Arnett Bridge Company, etc.

On a division, the yeas were 97, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Phillips, of Cobb, asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to repeal an act for the relief of Elizabeth Tanner, of Dawson county, assented to February 28, 187().

On a division, the yeas were 102, nays none; so thQ bill was referred by the necessary two-thirds vote.

Also, leave to introduce and refer to the Committee

638

JOURNAL OF. 'l'IIE1HOUSE.

on Local and Special Bills,:with authority to consider and report thereon, the following bill, to-wit:
A bill to create a Board of Commissioners of Roads and Revenues for Cobb county, and for other purposes.

On a division, th!" yeas were 109, nays none ; so the bill was referred by the necessary two-thirds vote.

Also, asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit :
A bill to create a County Court for Cobb county.

On a division, the yeas were 93, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Roberts asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to repeal an act making the Sheriff of Cobb county ex-officio Tax-Collector for certain purposes therein mentioned.

On a division, the yeas were 109, nays none; so the bill was referred, by the necessary two-thirds vote.

Mr. Strickland asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit :
A bill to have a survey made by tht> State of certain lands in the 13th District of Clinch county.

On a division the yeas were 101, nays none ; so the bill was referred, by the necessary two-th:rds vote.

SATURDAY, JULY 12, 1879.

639

Mr. Johnson, of Clay, asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to repeal an act reducing the commissions of the County Treasurer of Clay county.

On a division, the yeas were 99, nays none ; so the bill was referred, by the necessary two-thirds vote.

Also, leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, tlle following bill, to-wit:
A bill to add lot of land No. 338, in the 4th District,
of Calhoun county, being the lot on which vVesley
Rich lives, to Clay county.

On a division, the yeas were 99, nays none ; so the bill was referred by the necessary two-thirds vote.

Also, leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to establish the original rates of toll for crossing the bridge over the Chattahoochee at Fort Gaines.

On a division, the yeas were 104, nays none ; so the bill was referred by the necessary two-thirds vote.

Also, leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to repeal the act reducting the fees of TaxCollector and Tax-Receiver of Clay county.

On a division, the yeas were 98, nays none; so the bill was referred by the necessary, two-thirds vote.

640

JouRNAL OF THE HousE.

Also, leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to relieve Reuben T. Foote, a minor, of Clay county.

On a division, the yeas were 107, nays none; so the bill was refem:~d by the necessary two-thirds vote.

Mr. Yancey asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to repeal the general County Court act, and all acts amendatory thereto, so far as the same relates to the county of Clarke.

On a division, the yeas were 111, nays none ; so the bill was referred by the necessary two-thirds vote

Also, leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to establish a City Court in Clarke county, anl and to provide for the appointment of a J ndge and Solicitor thereof.

On a division, the yeas were 99, nays none ; so the bill was referred by the necessary two-thirds vote.

Also, leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to confer upon the Ordinary all the powers and duties heretofore exercised and performed by the County Judge over the nads and bridges and revenues, and county business of Clarke county.

SATURDAY, JULY 12, 1879.

641

On a division, the yeas wem 105, nays none ; so the bill was referred, by the necessary two-thirds vote.

Also, leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to authorize the Mayor and Council of Athens to use certain taxes paid by theMutual Insurance Company on gross premiums for 1879 for building cisterns in said city.

On a division, the yeas were 93, nays none; so the bill was referred, by the necessary two thirds vote.

Also, leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to incorporate the Athens Transfer Railroad Company.
On a division, the yeas were 89, nays none; so the bill was referred, by the necessary two-thirds vote.
Also, leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to provide for the payment of' insolvent costs to the Solicitor-General, Clerk of the Superior Court and Sheriff of' Clarke county.

On a division the yeas were 91, nays none ; so the bill was referred, by the necessary two thirds vote.
Mr. Harp asked leave to introduce and have referred to the Comraittee on Local and Special Bills, with authority to consider and report thereon, the followiuJ bill, to-wit:

642

JOURNAL OF THE HOUSE.

A bill to repeal the act creating a Board of Commissioners of Roads and Revenues for the county of Chattahoochee.
Also, leave to introduce and have referred to the Committee an Local and Special Bills, with authority to consider and report thereon, the following bill, towit:
A bill to repeal the act prescribing the manner of granting license to sell spirituous and malt liquors in the 1104th District, G. M., of Chattahoochee county.

On a division, the yeas were 98, nays none; so the bill was referred by the necessary two-thirds vote.

Mr. Paine asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to considPr and report thereon, the following bill, to-wit:
A bill to incorporate the Skidaway Narrows Canal, and to grant certain privileges.

On a division, the yeas were J01, nays none ; so the bill was referred by the necessary two-thirds vote.

Mr. Adams asked leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to provide for the payment of two coupons of the bonds of the Macon and Brunswick Railroad, indorsed by the State, held by Augustus Borie.

On a division, the yeas were 90, nays none; so the bill was referred by the necessary two-thirds vote.

Also, leave to introduce aud refer to 1he Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:

SATURDAY, JULY 12, 1879.

643

A bill to provide for the payment of ten coupons of the bonds of the Macon and Brunswick Railroad, indorsed by the State, held by George J. Mills.

On a division, the yeas were 95, nays none ; so the bill was referred by the necPssary two-thirds vote.

Also, leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill towit:
A bill to provide for the payment of fourteen coupons of the bonds of the Macon and Brunswick Railroad, indorsed by the State, of $35 each, and thirteen coupons of same for $17.50 each, held by James Hunter.

On a division, the yeas were 91, nays none ; so the bill was referred by the necessary two-thirds vote.

Also, leave to introduce and have referrAd to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, towit:
A bill to authorize the Tyler Cotton Press Company to construct a railroad to the Central Railroad.

On a division, the yeas were 99, nays none ; so the bill was referred by the necessary two-thirds vote, and a protest against its passage accompanying it.

Also, leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, towit:
A bill to authorize the United Hydraulic Cotton Press Company to construct a railroad from the lower Hydraulic Press and the upper Hydraulic Press in

644

JOURNAL OF THE HOUSE.

Savannah, to connect with the Central Railroad at a point on the Vale Royal plantation.

On a division, the yea:s were 99, nays none ; so the bill was referred, by the necessary two thirds vote.
Also, leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, towit:'
A bill to incorporate the Hutchinson's Island Canal Company, of Chatham county.
On a division, the yeas were 96, nays none ; so the bill was referred, by the necessary two-thirds vote.
Also leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider aud report thereon, the following bill, to-wit:
A bill to extend the corporate limits of the City of Savannah.
On a division, the yeas were 101, nays none ; so the bill was referred by the necessary two-thirds vote, and with it a memorial against its passage.

Also, leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, towit:
A bill to authorize the Mayor and Aldermen of Savannah to build an aquPd net from said city to some point on the Savannah River.
On a division, the yeas were 94, nays none ; so the bill was referred by the necessary two-thirds vote.

SATURDAY, JULY 12, 1879.

645

Also, leave to introduce and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, towit:
A bill to authorize the Mayor and Aldermen of Savannah, whenever they shall pave any roadway, or any street, or lane, etc., to assess upon the owners of lots abutting, etc., two-thirds the costs, etc.

On division, the yeas were 91, nays none; so the bill was referred by the necessary two-thirds vote, and with it a memorial against its passage.

Also, leave to introd nee and have referred to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, towit:
A bill to authorize the Mayor and Aldermen of Savannah to tax so much of the property of every railroad or corporation as is used, owned or held in the present or any future corporate limits of said city.

On a division, the yeas were 91, nays none; so the bill was referred by the necessary two-thirds vote.

Also, leave to introduce and refer to the Committee on Local and ::;pecial Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to incorporate the Savannah Trust and Safe Deposit Company, etc.

On a division, the yeas were 93, nays none ; so the bill was so referred by the necessary two-thirds vote.

Mr. Adams introduced and had read the first time, the foilwing bill, to wit :
A bill to amend the act creating a State Board of Health, etc.

646

JouRNAL O.ll' THE HousE.

On motion of Mr. Adams, the bill and certain memorials accompanying it were referred to a special committee, to be appointed by the Chair, and to consist of all the physicians who are members of the House of Representatives.

Mr. Adams also presented a memorial from certain citizens of Savannah against the passage of the Bell Punch law, which was referred to the Committee on Finance.

Mr. Phillips, of Cobb, presented a petition from citizens of Forsyth and Milton counties, asking for the relief of R. A. Morton.
Referred to the Committee on Penitentiary.

The following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to-wit:
By Mr. HulseyA bill to provide for the payment of witnesses for the defense, in criminal prosecutions before the Superior Courts, attending in a county different from that of their residence.
Also, a bill to declare more fully and explicitly the intention of the General Assembly, expressed in paragraph 14, section 2, of the act entitled an act to collect a tax for the support of the State Government, ap proved December 16, 1878.
Also, a bill to reduce certain larcenies after tru~ts to misdemeanors.
Also, a bill to chan5e the penalty for escapes from the chain-gang.
Also, a bill to provide a remedy for the misdescription of the status of the person in indictments or accusations for adultery and the alike under sections 4534 and 4572 of the Code.

SATURDAY, JULY 12, 1879.

647

By Mr. ReeseA bill to preserve the right of trial by jury in cases of personal damages against corporations, and to prohibit Judges from setting aside the verdict of the jury and granting more than one new trial. By Mr. WaltersA bill to define and enlarge the duties of the Attorney-General of the State. By Mr. TateA bill to amend the act to alter and define the fees of Justices of the Peace and Notaries Public, and also the fees of Constables. By Mr. VVestbrookA bill to provide for the holding of elections relative to the incurring of any new debt by any county, municipal corporation, or division of the State, in compliance with the Constitution. By Mr. TooleA bill to carry into effect paragraph 4, section 1, article 11, of the Constitution of this State. By Mr. BuchanA bill to define the duties of Judges of the Superior Courts. By Mr. Reese-

A resolution-

In reference to the revision of the Code of Georgia. By Mr. Turner, of CowetaA bill to amend section 4569 of the Code, with reference to buying and selling votes. Also, a bill to amend section 4578 of the Code, with reference to illegal voting by changing the penalty. Also, a bill to allow persons at interest to be made parties plaintiff in cases where a chose in action is assigned for a twelve months' support. Also; a bill to amend section 1445 of the Code, in re-

648

Jo[mNAL OF rnE HousE.

gard to killing or injuring of stock in any inclosure not protected by a lawful fence.
Also, a bill to carry into effect paragraph 1, section 5, article 2 of the Constitution, relating to the sale, distribution or furnishiEg of intoxicating drinks on election days.
By Mr. YanceyA bill to carry into effect paragraph 18, section 7, article 3 of the Constitution, by prescribing the manner in which corporate powers may be granted. Also, a bill to exempt a certain number of active firemen from jury duty. By Mr. PaineA bill to amend section 3408 of the Code, prescribing the venue in actions against insurance companies. Also, a \>ill to authorize the formation of limited partnership associations, in which the capital subscribed shall alone be responsible for the debts of the partnership, except under certain circumstances. By Mr. RussellA bill to prescribe penalties against defaulting jurors. Also, a bill to authorize Judges of the Superior Courts, and Judges of City Courts, commissioned by the Governor, to fix the fees of the Clerks and Sheriffs of their respective courts for all services rendered by them, and the fees for which are not fixed by law.

The following bill was introduced, read first time, and referred to the Committee on Public Property :
By Mr. ShannonA bill to provide for the building of a State House in the city of Atlanta, and for other purposes.

Tht> following .bill was introduced, read the first time and referred to the Committee on Corporations, to~ wit:

SATURDAY, JULY 12, 1879.

649

By Mr. Reese- A bill to amend section 787 of the Code, in relation to property subject to municipal taxes by adding a proviso thereto.

The following bill was introduced, read the first time and referred to the Committee on the Deaf and Dumb Asylum.
By Mr. ReeseA bill to appropriate $2,500 for fencing and repairs on the building for the whites at the Institution for the Deaf and Dumb, and $3,500 for the fitting up and support of that portion of said institution for the colored mutes.

The following bill was introduced, read the first time, and referred to the Committee on Agriculture, to-wit:
By Mr. ReeseA bill to prohibit any person, firm or corporation, from paying wages in goods or supplies through checks, scrip or any other evidence of indebtedness, at higher prices than current cash rates.

The following bills were introduced, read the first time and referred to the Committee on Railroads :
By Mr. Phillips, of CobbA bill to regulate the local or way passenger and freight tariffs and to prohibit unjust discriminations on the various railroads in this State. By Mr. BuchanA bill to regulate and detine the liability of the State as owner of the Macon and Brunswick Railroad, and to amend the act approved February 23, 1876.

The following bills were introduced, read the first time, and referred to the Committee on Finance :
4:2

650

JOURNAL OF THE HOUSE.

By Mr. PaineA bill to declaring the true meaning of the tax act of 1875, approved March 3, 1875, and to authorize the refunding of the taxes illegally collected thereunder. Also, a b.ill to provide compensation f4>r Magistrates and Constables in criminal cases ; to provide the mode of collection, and to allow the settlement of certain misdemeanors and collection of costs.
By Mr. \ValtersA bill to appropriate a sufficient sum of money ato pay the expenses incurred by the special joint committee on wild lands, appointed at this session.
By Mr. vVestbrook.A bill to prescribe more definitely the manner of collecting county taxes due from railroad companies.

The following bill, by a two-thirds vote, yeas 111, nays none, was introduced, read the first time, and referred to the Committee on Judiciary :

By Mr. \Villiams, of ColumbiaA bill to amend the act creating a Board of Commissioners of Roads and Revenues for the county of Columbia, with reference to the per diem and salaries of said board and its officers.

The following bill, by a two-thirds vote, yeas 120, nays none, was introduced, read the first time, andreferred to the Committee on Finance :
By Mr. YanceyA bill to authorize the Ordinary of Clarke county to issue 4 per cent bonds to substitute for bonds now outstanding.

By a vote of two thirds, yeas 100, nays none, the following bill was introduced, read the the titst time, and referred to the Committee on the Finance, to- wit :

SATUlWAY, JuLY 12, 1879.

651

By Mr. YanceyA bill to appropriate $20,000 to the State University to rebuild the North Georgia Agricultural College at Dahlonega.

By a two-thirds vote, yeas 107, nays none, the following bill was introduced, read the first time, andreferred to the Committee on Finance :
By Mr. PaineA bill to appropriate $40 to pay the claim of Owen Smith against the State of Georgia for services rendered.

By the two-thirds vote, yeas 111, nays none, the following bill was introduced, read the first time and referred to the Committee on lnnance :
By Mr. HarpA bill for the relief of Benj. F. Matthews, of Chattahoochee county.

Leaves of absence were granted to Mr. Roney and Mr. Barron, on account of sickness in their families ; to Mr. Vick, on account of sickness ; to Mr. Chambers and Mr. Willingham, till Tuesday, on important business.

The House then adjourned till 9 o'clock A. :M., Monday.

652

JoURNAL Ol!' THE HOUSE.

ATLANTA, GEORGIA,
Monday, July 14, 1879.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. J. H. Martin.
The roll was called and a quorum found to be present.
Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal was then read and approved.
'he privileges of the floor were tendered to Ron. Pope Barrow.
The calling ot the roll of counties was resumed.
Mr. Phillips, of Carroll, asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill,. to-wit:
A bill to amend the act to consolidate, amend and supercede the several acts incorporating the town of Carrollton, in the county of Carroll, and to grant certain privileges to the same, approved August 20, 1872.
On a division, the yeas were 106, nays none; so the bill was referred by the necessary two-thirds vote.
Mr. Wilson asked leave to introduce and refer to the Committ~>e on Local and Special Bills, with authority to consider and report thereon, the following bill, towit:

MoNDAY, Jur,Y 14, 1879.

653

.A bill to rPpeal the act creating the County Court of Campbell county.

On a division, the yeas were 99, nays none ; so the bill was referred hy the necessary two-thirds vote.

Mr. Paull asked leave to introduce and refer t<> the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:

.A bill to repeal the act regulating the compensation of Tax-Collector and Tax-Receiver fer collecting and assessing the State and county tax for the county of Calhoun, and to fix the salary of the County Treasurer of said county, approved February 27, 1877, and for other purposes.

On a division, the yeas were 103, nays none; so the bill was referred by the necessary two-thirds vote.

.Also, leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
.A bill to repeal an act consolidating the offices of Sheriff and Tax-Collector, of Clerk of the Superior Court and Tax-Receiver, and of Ordinary and Treasurer, in the county of Calhoun, approved February 25, 1875, and for other purposes.
On a division, the yeas were 99, nays none; so the bill was referred, by the necessary two-thirds vote.

The privileges of the floor were granted to Ron. Samuel C. Elam, of Sumter county.
The special order for the day, the bill to establish the Middle Georgia Military and .Agricultural College,

JouRNAL OF TRE HousE.
was, on motion of Mr. Hulsey, postponed and made the special order for \Vednesday, th~ 16th inst.
By a vote of yeas 104, nays none, the following bill was read the first time, and referred to the Committee on Agriculture :
By Mr. ThomasA bill to amend the road laws of the State, so far as they apply to Burke county, and for other purposes.
The following bl.ll was introduced, read the first time, and referred to the Committee on Internal Improvements, to- wit :
By Mr. Smith, of ButtsA bill to regulate the tax on ten-pin alleys, and for other purposes.
By a two-thirds vote, yeas 93, nays none, the following bill was read the first time, and referred to the Committee on the Judiciary, to-wit:
By Mr. HarrisA bill to authorize the County Commissioners of Bibb county to purchase property put up for sal~ for State and county taxes due in said county, and for other purposes therein named.
By a vote of two-thirds, yeas 109, nays none, the following bill was read the first time, and referred to the Committee on the Judiciary, to-wit :
By Mr. DeLoachA bill to prescribe the method of granting liccense to sell spirituous or intoxicating liqnors in the county of Bulloch, and to increase tlte fee for the same to five thousand dollars.
The following message was received from the Senate, through 'V. A. Harris, Secretary thereof:

1\foNDAY, ,JULY 14, 1879.
Mr. Speaker:
The Senate bas passed the following bill, to-wit : .A bill to bfl entitled an act to amend section 4161 of the Code, in relation to the practice in cases of garnishment in Justice Courts. .Also, a bill to amend sections 2042 and 2043 of the Code.
The Senate has also passed the Honse bill to permit parties defendant in all c::~.ses where a plea of recoupment has been filed to recover therein any damar.es proven in excess of the claim of the plaintiff.
Mr. Bacon, of Bibb, introduced the following resolution:
Resolved by the House ofRepresentatives, two.tkirds tltereof concurring therein, That the bill of the following title, to-wit:
.A bill to be entitled an act to authorize the issue of intPrest-bearing bonds by the Mayor and Conncil of the city of Macon, for refunding thP- present bonded debt, and funding that part of the floating debt of the city of Macon herein specified ; to provide for the sale and exchange of said bonds through a commission to redeem and pay off said bonded and floating debt ; to provide for the levy and collection of a tax for tlu~pay ment of the principal and interest of said bonds, and. to prescribe the manner in which said bonds shall be issued and paid off, and for other purposes, shall this day be allowed to be introduced and read in the House, the expiration of more than fifteen days since the organization of the General .Assembly to the contrary notwithstanding..
Resolved further, That said bill not being capable of consolidation with any other local~or special bilJ, the

656

JouRNAL OF TIIE HousE.

same may be read and considered by the House without first being laid before the Committee on Local and Special Bills, and without having been considered and reported to the House by said committee.

On this resolution, Mr. Bacon called for the yeas and nays.
The call was sustained, and on calling the roll the vote was as follows :

Those voting in the affirmative are Messrs.

Adams, Anderson of Morgan, Anderson of Xewton, Anderson of Pulaski, Awtry, Barksdale, Bell, Berry, Bird, Bleckley, Born, Branch, Brannon, Brantley, Brintle, Buchan, Burch of Laurens, Burch of Towus, Butler, Butt, Cannon, Chambers, Chapman, Colley, Collins, Cox of Harris, Cox of Troup, Crawford, Daniel, Davis of Baker, Davis of Houston,

Greene of Baldwin, Greene of Madison, Hall, Hammond, Hamilton, Hanke, Harrell, Harp, Harris, Harrison, Henderson, Hill, Hogan, Howell of Lowndes, J:Iowell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey, Janes, Johnson of Clay, Johnson of J ohmon, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Kirby, Lamb,

Paine, Patterson, Paull, Peacock, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Polhill, Pope, Rankin,
R~ese,
Riden, Roach, Roberts, Rogers, Roney, Russell, Scrugg~, Shannou, Sharman, Sheflbld of Early, Shefficld.of Miller, Sibley, Sikes, Sims, Smith of But~, Smith ot:Walton, Stricklantl, Strother, Taliaferro,:

MONDAY, JULY 14, 1879.

657

Davison, DeLoach, Dickin, Dozier, DuBose, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray, Glover,

Lang, Mathews, Maund, McAfee, McConnell, McCurry, McDonald, McGouirck, McLucas, McRae, ::uc vVhorter ~filler of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver,

Tarver,

Tate,

Tatum,

Thomas,

Toole,

Turner of Brooh,

Turner of Coweta,

'Valters,

Welch,

'Vestbrook,

Wheeler,

WilHams of Columbia,

Williams, C. W.

Williams, F. J.

vVilmot,

'

W'ilson,

Wright,

Yancey,

Zellner.

Those not voting are Messrs.-

Barron, Bennett, Carr, Clegg, Cook, Cunningham, Hollis, Livingston,

Luffman, Park, Perkins, Pike, Poppell, Prescott, Puckett, Redwine,

Smith of Oglethorpe, Vick, Wall, vValton, Weehunt, vVilcox, Willingham.

Yeas, 154. Nays, 00. Not voting, 21.

So the resolution was agreed to, by the necessary two-thirds vote, and the bill, the title of which is recited in said resolution, was read the first time and referred to the Committee on Finance.

By a vote of 102 yeas to nays none, the necessary two-thirds vote, the following bill was introduced, read

658

JouRNAr. oF THE HousE.

the first time, and referred to the Committee on Co:-porations:
By Mr. NisbetA bill to alter and amend an act incorporating the Sterling and Jacksonville Railroad Company, ap proved February 28, 1877.

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

By Mr. NisbetA. bill to authorize the Board of Commissioners of the several counties of this State, where Boards of Commissioners have been established, and the Ordinaries of such counties in which no Board of County Commissioners have been organized, to purchase pro-perty whenever and wherever put up for sale in their respective counties under executions for State and county taxes, or under any lPgal process in which their respective counties are plaintiffs or otherwise interested, either directly or collaterally, and for other purposes therein named.

By a two-thirds vote, yeas 91, nays none, the following bill was introduced, read the first time, andreferred to the Committee on Finance:
By Mr. NisbetA bill to repeal section 6 of an act, approved March 2, 1R74, amendatl)ry of an act to establish a 'County Board of Commissioners of Bibb county.

By a two thirds vote, yeas 93, nays none, the following bill was introduced, read the first time, andreferred to the Committee on Finance:
By Mr. NisbetA. bill to authorize the County Commissioners of Bibb county to purchase the Wiley Turnpike in said

MONDAY, JULY 14, 1879.

659

county, and make the same a free crossing, and to levy a tax to purchase the same.

The following bill was introduced, read first time, and referred to the Committee on Banks:
By Mr. NisbetA bill to exempt the banks chartered under the laws of this State from the payment of special or specific taxes on business, and for other purposes.

Mr. Milner, of Bartow introduced the following resolution:
Resolved by tlte Honse of Representatives, That the following bill, to-wit: 'A bill to be entitled an act to establisb. a system of public schools for the city of Cartersville, and to provide for the support and maintenance thereof, and for other purposes,'' shall be read the first time and reftlrred to the Committee on Education, although fifteen days of the session of this Genera.I Assembly have elapsed since the organization thereof.

On the adoption of the resolution, Mr. Milner called for the yeas and nays.
The call was sustained, and on calling the roll, the vote was as follows :

Those voting in the affirmative are Messrs.-

Adams, Anderson of l\Iorgan, Anderson of Newton, Awtry, Barksdale, Bell, Berry, Bird, Bleck ley, Born,

Glo,er, Greene of Baltl.win, Greene of 1\Iadison, Hall, Hammond, Hamilton, Hanks, Harrell, Harrison, Henderson,

Phillips of Cobb, Phillips of Coffee, Phinizy, Polhill, Prescott, Rankin, Reese, Roach, Roberts, Rogers,

660

JOURNAL OF THE HousE.

Branch, Brantley, Brintle, Buchan, Burch of Laurens, Barch of Towns, Butler, Butt, Cannon, Chapman, Colley, Cox of Harris, Cox of Troup, Crawford, Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Dozier, DuBose,' Duggar, Dupree,
Duvall,~
Elder, Farnell, Fitzgerald, Ford, Gammage, Garrard, Grant,

Hogan, Howell of Lowndes, Hulsey, Humber, Hutchins, Irvine, lvey, Johnson of Clay, J oh11110n of Johnson, Jordan of Crawford, Jordan of Wilkes, Kimsey, King, Lamb, Lang,
~Iathews,
Maund, McConnell, McCurry, l\fcGouirck, l\fcRae, Miller of Houston, 1\filler of Liberty, JVIitchell, 1\fynatt, Nisbet, Northern, Paine, Park, Patteroon, Phillips of Carroll,

Roney, Russell,
Scrugg~,
Shannon, Sharman, Sheffield of Early, Sheffield of Miller, Sibley, Sikes, Sims, Smith of Butts, Smith of Walton, Strickland, Strother, Tarver, Tate, Tatum, Thomas, Toole, Tumer of Brooks, Welch, Wheeler, wilcox, Williams of Columbia, Williams, C. W. Williams, F. J. 'Wilmot, wilson, Wright, Yancey, Zellner.

Those not voting are Messrs.-

Anderson of Pulaski, Barron, Bennett, Brannon, Carr, Chambers,' Clegg, Collins, Cook, Cunningham, Dickiu,

Hill, Hollis, Howell of Picken~, Hudson, Janes, Kendrick, Kirby, Livingston, Luffman, l\Ic.A.fee, l\fcDonald,

Perkins, Pike, Pope, Poppell, Puckett, Redwine, Riden, Smith of Oglethorpe, Taliaferro, Turner of Coweta, Vick,

MoNDAY, JuLY 14, 1879.

661

Fletcher, Fort, Fuller, Gray, Harp, Harris,

~IcLucas,
Me \Vhorter, :Milner, Oliver, Paull, Peacock,

Wall, \Valters, \Valton, \Veehunt, Westbrook, Willingham.

Yeas 123. Nays 00. Not voting 51.

So the resolution was adopted by the necessary twothirds vote, and the bill, the title of which is recited in the resolution, was read the first time, and referred to the Committee on Education.

Mr. Milner asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:

A bill to abolish the County Court of Bartow county, and for other purposes.

On a division, the yeas were 102, nays none; so the bill was referred by the necessary two-thirds vote.

Mr. Greene, of Baldwin, offered the following resolution, to-wit:
Resolved by the House of Representatives, two-thirds concurring therein, That the bill of the following title, to-wit:
A bill to be entitled an act to alter and amend the several acts incorporating the city of Milledgeville ; to grant additional powers to the Mayor and Council of said city of Milledgeville, and for other purposes, shall be laid before the Committee on Local and Special Bills, and that said 0ommittee is directed to consider and report said bill to tlle House, the expiration of

662

JouRNAL o~ TIIE HousE.

more than fifteen days since the organization of the General Assembly to the contrary notwithstanding.

On the adoption of the resolution, the yeas were 88, nays none; so the resolution was adopted, and the bill referred by the necessary majority to the Committee on Local and S