Journal of the House of Representatives of the State of Georgia, at the session of the General Assembly, commenced at Atlanta July 6, 1879 part second

JOUt1NAL
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STATE OF (~EORGlA,
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.i.\S. 1'. l!AIUUI-- ''- ~rn~o: I'I<Lvn:n.
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no,irr,
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IlHJ!'J);IIr, Duprl't',
Ptn-a!l, Ji.llt>r. Fnrnrll,
1-'itz~.:rnld,
:VIrtt>ht'T, :Vullt>r1
C:unmol);e1 (l:trr:ml,
Grnnt, (1:lnv<'r1 Grrrnc nf Bnl<lwln, Grrene of 1\ladisnn.

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ltd~

'"\\'hfl<'l' M Jllrr n( Hnll!ll<m, ~!! lltr o L.ilwrty,

.dlll!r
.\liflhh, \h-nrtt
::1.-l>tt,

:o\orthlrn, lllitr,

t"ii:l'C,
i',.rk,
t 111tlt'r!>llll,
Paull

Peacock,

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w..\\'"'Ita 1f, l<'~.
\ \',.,t hrnok 1
\\'lw..! t, \\'jl,...,
\\'ill 'nnt" nf t nlumbill. '\"illi;Plt~, I , \\ . \\'illinm-.. I'.1. Willingbnm,
'Yilumt~
\\'il(lll, Wr:'.fltl,
Ynll<'cy, Zellner.

Tllose absent wPre M:essrs.-

Bnrron, F1>rd, Fort, Gray, Harrell,
Pre~ent 1oo.
Abs<>nt 1:t

Irvine, Lang,
i'"I'IJCII, l'rcscolt1

Rnh<'riR, Hog<'r1!1 \'ick,
Wall.

1\fr. Kint~t.L frtlli To Commiti~e on .luurn.tl, .'f'pol'tP.c:l tht~ .l.>tU'tr.t! u. yet;t~rday exumiH+:'<i .~nd ...pprovt>d.
ThA .Jonnwt wns then 1'1-'lld and contirmt'd.
On motion uf ~L A.wtry, tha communic1ttion, re, cn~i Vt->ti. on ye~'ttrtla .v. from his Excellently, the Governor,
wa!'! tnh:l"n up nnrlrPad. :Mr. Awtry tnO\'ed to reft the HH:'ti:-,., ., and accom-
panying do<"nmem:-, to th~ Htweia t committt>f> of tlnee on the memorial of lion. James A. Gr~en.
lir. Humber movt,d to lay the whole ma.ttt>r on the table.
The motion to table w&s lost.
The motiou to rtfer to the spel~iai Nmmitt~ ]H''
\'a.iled.
On motion ot 1\fr. /1ellner, the followi ,.. Hill wa~:~ ral(en up and the SPnate amenrlm~nts concurred in, to wit:

1130
A hill to ,... n fnvlclitional fHH\'CI'S npon thr Tn ~ <'nl
or lector:-; Ut' "'"I'Jl"iil cmmtims of tlw ~tnt!:', nnd to Ill
saitl Tax-C~>ll~dor;; e.1:-<~f!lrio Sherifls in t:Pt'tnin en~~~~, and for other }mtpnsr'S.
'l'ht> action of thrll IlouSA wu ordered at once transmitted to tltP f;~~nnte.
On motion of l\Ir. Yanr.P)', the following bill wastaken np and rea.d tb11 sec.onrl t.imf, to-wit:
A bill to crt>atP n City Court in the county of Olnrkl", and to provide for the Pl.,.ction of a. ,Judge and Solicitor
tht>reof.
On motion of Mr. Rnrch, nf T..Jlllll'Pns, the rules were saspemlPd and tlu'\ following hill taken up and read the second timP, to-wit:
A bill to incorporn.te th5 Oconee River Steamboat Cmn}Jany.
On motion of J\fr. .A ndPr!'!nn, of ~fmga.n, the rnl ~~ WPl'e S11SlW11dec1, :tTHl hy a two-thirds-vote, ycas ~Q. nays nonr~, th11 follrming bill was introduced, n~ad the first time and Tl~ffmed to the Committt>e on Agriculture,
to-wit:
A hill to prP\'P.nt d')'II'Pflntion of hogs in the county of :M:organ, ttT111 to Jll'l'~f'l'ilm a penalty for the same.
On motion uf ;\It. lluptH', tlw rn1es were snl'lpenlled nnd tlw fo1lowi11g bill taltPn np n.ncl macl the thirfl tim~'>. the mideur.e of Om pnblieation of the notice I'equirf>ld by lltw was exhibited. and the bill pa.ssod by the requisite aonstituti\lnnl majority; yens 99, mtys none, to-wit;
A bi11 tn reJw:tl an act entitled an act to pr.ovid for the registration of P]t!Ctors in the counties of Thomn:4. Lr:nvnde::, Decatur, l\fitchell and Camden, and to pr'" vent illegal voting in the samP, approved February :l:i, 1876.
On motion of l\{r, 'Vestbrook, the rules were l'ftl:, pended and the bills ~nown as the general railroad bill

1:\.\'l'trlWAY, Auou:-;'J' Hi, H:l7!l.

il::t

and fTa ll's ~uluditnl' t.lJt'l't.,fnr W~1'1' rtrommittcd lfJ till~
Commi ttPn on Ita i I ro;ul ~.
The Sptn.k'"'l' n.ppnintnrl ns the t~ommith!l' on tJr,. nception of pnrtra.it llf Jh'. Crawforrl \V. JJong, l\1~> ..,-r;:;. Ynnrcy, l\Iihwr and Panll.
}\fr. Mrnatt, ehairmn.n of the Committee on GPrporat.ions, snhmitttrl tht:t following report:
!lfr. Bj)('Okr f :
'fhe CommittPfl on Corporations ha\e had underconsideration the following local hill, which tbey rPcommend do pnss, h.'' ~nhstit.nte, to-wit:
A bill to be entilletl an act to incorporate thR Tlwmn;:;ville Railroad Onmpany, and grant oortmn pri\il..:gus
to the samf'.
The committte ha\e h:ul before them proofs of the adverti~ing ami posting prior to the introduction of said bill, whiuh tht>y l'i~]mrt sufficient under the statuti:'.
Respectfnll y 1:m hmitte<l. P. L. MnrA~'T, Chairman.

:Mr. Livin~ston, ehairman of the Committee on Agrionltnre, !.nthmitt~>d the follo,ving report:
1r. Speaker:
The CnmniLt"" on Ahriunltttm have had under cot sideration the following bill, wbiuh tht:y report bu.c~.;:, to tbc Hom;, with the recommenda.tion that it cto pass, by snhstitntP, to wit:
A bill to be tmt.iiied an act to encourage the onitm~ of fish in tlte natural and artificial panels and ~~.,<l!IIS on the htncl~ uf Dadd Dickson, of Ha.ncock cu~&hty, lying in thP. counties of fiancoolt and 'Yashington, or both, and on the lands of Samuel C. Nichols, lying in the county of Dodge, in this State, and for other pur poses.
L. F. LnI.NGsTul'f, Chairtuau.

11:H
:Mr. Paull, c.hailnu1n of the Committee on th~ Lunatil' .A::;ylnm, submitted the following rep.Jrt:
J.lir. SptKtker :
ThP. Connnittot> on tlm Lunatic AAylum havp, had nn der uonsidt>rntion the following bill, which ther rnoommeond dn not pnss, to wit:
A bill tn be <mtitled an act to prevent the rE>Ilt>ption of certain r~bLssps of pe1sons, as patientR, in the Luna.tia Jhylnm of tbis StatE".
All of which is respLctfully submitted. 0. H. PAGLL, Chairman.
Mr. Paine, chairman of the Committee on Enrollment, submitted the following report:
. Mr. SptKtker : 'l'lw Committee on Enrollmf'nt report as duly enrolled and ruacly for the signature of the Speaker of the House of RPpresentatives, the following act towit:
An act t.o authorize the Oounty Commissioners of 'Bibb county to purchase the '\Viley Turnpilie in said county, and to make the same a. free cros.;ing; to levy a tax: for the purchase money, and for other purposed therein named.
W. W. PAINE, Chairman.
Mr. Yanct>y o1ft'red the following resolutu:m, whicn was read and agreed to, to-wit:
A resolution-
Tendering seat~'< on the floor on Monday next to various parties thexein named.
Leave of absence was granted to :M:r. Carr, :\Ir. F. J. '\Villiarus, ~Ir. 'Villiams of Columbia, and Mr. 1Vil-
cox, on business. 'rhe hour of 10:30 A .li. having arrived, the Housf:',
in accordance with the resolution adoptt~d on yesterday,

1134 :;

c

"

J;ouR.N4l4 o!i' ':!!HE RoiTS~.

~

.
.A!L'L.Al!ifTA, GEORGIA,

Monday, .August 18, 1879.

The House ~et 4p'Q.1'Suant to a.djournment, was
called to order by the Speaker, and opened with prayer
b~ Mr. Hanks.

'rhe roll wi.s called itd th~p.following members

anawered to their names =

40

f

Thoae present were Messrs.-

Adams,

Hender~n,

Phillips of Coffee.

Anderstm of Morgan, Hill,

Phiniey,

Anderson of Newton, Hogan,

Barksdale,

Hollis.

Pike, Polhill, ~

:Bell,

Howell of Lowndes, Pope,

Bennett.

Howell of Pickens, Poppell;

:Deny,

Hudson,

Prescott,

Bleekley,

Hulsey,

.

Puckett,

:Born,

Humber,

Rankin,

Branch,

Hutchins,

Redwine,

:Britttle,

Irvine,

Roach,

:Buchan,

Ivey,

Roberts,

Burch of Laurens, Jano,

Roney,

Burch of Towns,

Johnson of Clay,

'Rusell,

Butler,

Johnson ofJohnson. Shannon,

Butt, Cannon,

Jordan of Crawford, . SH'arman,

"

Jordan of Wilkes, '''~Sheffield of llarly,

Chambers,

k.end'rick.

, Sibley,

Chap map,

Kimsey.

Sikes,

Cli!il Colley,

Jing,.
Lamb,

Sims, .Smith of :Butts,

Collins,

Livin~Jston,

'Smith of Walton,

Cook,

Mathews.

Strickland,

Cox. of Harris.

Maund,

~ Strother,

Cex of Troup,

, McAfee,

Taliaferro, ~

Crawford,

'McConnell,

Tarver,

Danltl, Davis of H9uston,

McCurry McDonatd, o.

Tate, Tatum,

" ~

Davison,

McGouirck,

Thomas, .

DeLoach,

McLucas,

Turner ofl'Broolrs,

Duggar,

McRae,

Turner otCowe'ta.,

Duvaii,

McWhorter,

Vtc!o', '

Farnell,

Miller of Houston, Wall,

Fitzgerald,

Miller of Liberty, ~, Walters,

Fuller,

Milnert

Walton,

Gamma~Je,

:Mitcbetl,

Weehunt,

Garrard,

Mynatt,

Welch,

Grant,

Nisbet,

Wheeler,

MoNDAY, AUGUST 181 1879.

11~5

Gray, GlOYer, Greene of BuJwin, Hall, Hammond, Hamilton, Hanks,
Harp, .

Northern, Oliver,
Paine, Pat;terson, Paull,
Peacock, Phillips of CarJo11,
PhiDips of Cobb, "'

Those absent were Messrs.-

Williams, C. W.
Willingham. Wilmot Wilson,
Wright.
Yancey, Zellner.

Anderson of Pulaski,
Awtry,
Barron, Bird., Brantley,
Carr, Cunningham, Davis of Baker, Dic:kin,
Dozier, Du'Bose, ..,
Dupree,

Elder,
Fletcher, &,' F~, 'w. Fort, Greene of Madison,
Harrell, Harris,
H<~.rrisou,
Kirby, Lang, Luffman,.
Park,

Perkins,
Reese, Bideu, Rogers,
Scruggs, Sheffield of Miller,
Smith of Oglethorpe, Toole Westbrook,
Wilcox:, Williams of Columbia,
Wi~.F. J.

Present, 187.

Absent, 86.

Mr. Barksdale, chairman of the Committee on Jour-

nals, reported the Journa.l of Sa.turday eu.mined

a.nd approved.

The Journal W1tB then roo.d and confirmed.

')Ir. Wright., from the Committee on Railroads, sub-

mitted the following report:

Mr. Spaalcer:

The Committee on Railroads have had under !)On-

sideration the following bill, ~hich they recommen~

do pass, by substitute, to-wit:

J

A bill to be entitled an act to create a Board of Com-

missioners for Railroads, prescribe the bond and oath

of each'Commissioner, prescribe the duties of said Cam

missioner, prescribe penalties against railroa.d compa-

nies for violating regulations adoptt?d by said Cam-

missioners, provide for the collection of the sa.me, and

for other purposes.

Respectfully submitted.

H. G. WRIGHT, Chairma.n.

1136

JOURNAL OF TH.E HoUS.E.

Mr. Phillips, chairman of the Committee on Counties and County Lines, submitted the following report:
Mr. Speaker:
The Committee on Counties and Couhty Lines have had under consideration the following Senate bill, towit:
A bill to be entitled an act to carry into effect section 1, paragraph 3, of article 11 of the Constitution, prescribing the manner of changing county lineg, which they report back to the House, with the recommendation that it do pass, by substitute.
Also, a bill to be entitled an act to define by re- survey the county lines of this State, when the same are unknown or are in dispute, and for other purposes, which they recommend do pass.
Also, a bill entitled an act to change the line between the counties of Dougherty and Baker, which they recommend do not pass.
C. D. PHILLIPS, Chairman. Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the following report:
Hr. Speaker:
The Committee on the Judiciary have had under consideration the following bills, which they recommend (do -pass, to-wit: ] A bill (consolidated for House bills Nos. 445, 569, " 626, 701, 769, 783) to be entitled an act to repeal the several acts establishing Commissioners of Roads and Revenues in the counties of Jones, Chattahoochee, Douglas, Floyd, Bullock, and Hea.rd, respectively.
Also, a bill (consolidated for Honse bills Nos. 556 and 058) to be entitled an act to repeal an act entitled an act to reduce the commissions of the Tax-Collector and Tax-Receiver of the county of Clay, and to repeal an act entitled an act to reduce the commissious of Lhe

MoNDAY, AuousT 18, 1879.

1137

Treasurer of said county, approved February 28, 1876. Also, a bill (consolidated for House bills Nos. 673
and 674) to be entitled an act to empower the authorities of the city of Darien, in this State, to compel wharfowners to keep their wharves in good order, and to compel owners of improved lots to construct and keep in repair pavements, and to adopt and enforce certain other sanitary measures, on the recommendation of the City Board of Health.
Also, a bill to be entitled an act to extend to the county of Burke the provisions of an act entitled an act to provide for the payment of certain insolvent criminal costs in the Augusta Judicial Circuit, approved February 15, 1873.
The committee :find that the proper notices required by law have been given of intention to apply for the passage of this bill.
The committee have als.o 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 operation paragraph 4, section 1, article 11, of the Constitution of this State.
Also, a bill to be entitled an act to prevent the destruction of game in the county of Jones, and for other purposes.
Also, a bill to be entitled an act to authorize the Mayor and Aldermen of the city of Savannah to build an aqueduct from said city to such point as they may select on the Savannah River, outside of the limits of said city, and to provide for the taking and paying for the right-of-way for such aqueduct.
The committee find that the proper notices required by law have been given of intention to)apply for the passage of the last two above mentioned 'bills.
The committee have also had under .consideration

.' .~

1138

JoURNAL Ol!' THE HousE.

the following Senate bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to amend an a<.Jt carrying into effect paragraph 2, section 18, article 6 of the Constitution of 1877, and for other purposes.
'l'he committee have also had under consideration the following bills, which they report back with the recommendation that the introducers be allowed to withdraw them, to-wit:
A bill to he entitled an act to carry into effect paragraph 4, section 1, article 11 of the Constitution of the State of Georgia.
Also, a bill to be entitled an act to amend section 3408 of the Code of 1873, prescribing the venue in actions against insurance companies.
Also, a bill to be entitled an act to provide the mode and manner in which county sites may be changed or removed in accordance with paragraph 4, section 1, article 11 of the Constitution of this State.
The committee have also had under consideration the following bill, which they rt3commend do not pass, towit:
A bill to be entitled an act to fix and regulate the time for the meeting of the General Assembly.
Respectfully submitted. R. G. TURNER, Chairman.
The special order for the day, the bill to regulate freight and passenger tariffs, and to prevent unjust discriminations, was taken up.
Mr. Pike moved to have the substitute, with the amendments proposed by the committee, printed, and to postpone the special order till Wednesday next.
The motion prevailed, and three hundred copies were ord~red printed, and made the special order for vVednesday next imm~::diately after the reading of the Journal.

:MoNDAY, AUGUST 18, 18':"9.

1139

On motion of l\fr. :Matthews, the following bill was taken up; the first Senate. amendment disagreed to; the second amendment was disagreed to ; the third amendment was concurred in, and the amendments to the title were disagreed to, to-wit:
A bill to exempt from jury duty ministers of the Gospel, physicians, apothecaries, school teachers, milleJs, ferrymen, certain railroacl employees, all male persons over sixty yea.rs old, and all telegraph operators.
On motion, thA action of the House upon the Senate amendments was ordered at once transmitted to the Senate
The following message ,.,as received from the Senate, through Mr. Harris, Secretary thereof :
Mr. Speaker:
The Senate has ordered that it will resolve itself into a High Court of Impeachment on Thursday, the 21st i nst., at the hour of' 11 o'clock A. )f., to consider the impeachment of "'\Yashington L. Goldsmith, Comptroller-General, and I am directed so to notify the House of Reprt>sentatives_
Mr. Garrard offered the following resolution, which was read and agreed to, to-wit :
A resolution-
To authorize the special committeA on the investigation of the office of t.he Principal Keeper of the Penitentiary to print five llUndred copies of their report and the evidence taken by them.
On motion of Mr. Chamhers, leave was granted to the special committee on the inVf~stigation of the office of the Principal Keeper of the Penitentiary to sit daily during the sessions of the Honse.
Mr. McCurry offered the following resolution, which was read and agreed to, to-wit:

1140

JoURNAL OF THE HousE.

A resolution-
Requesting the committee of conference on a bill to reduce the fees of Tax-Receivers and Tax-Collectors in this State to report as early as practicable.
The regular order, the call of the roll of counties, was taken up, commencing with the county of ~Vorth.
The following bill was introd need, read the first time, and refened to the Committee on Finance.
By Mr. RedwineA bill to appropriate money to pay for the survey of the line between this State and the State of North Carolina. By a two-thirds vote, yeas 89, nays none, the follow ing bill was introducfld, read the first time, and reerred to the Committee on Corporations, to-wit: By Mr. RedwineA bill to incorporate Gainesville Coll'ge, and to confer on the Faculty and Trustees of the same certain powers and privileges.
The following resolution was introduced, read the first time, and referred to the Committee on Finance, to-wit:
By Mr. Branch-
A resolution-
To appropriate money to pay Silas Crosby certain costs expended by him.
Mr. Bird, of Tatnall, 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 prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Tatnall, and to increase the fee for the same to twentyfive hundred dollars.
On a division, the yeas were 91, nays none ; so the bill was referred by the necessary two-thhds vote.

MONDAY, AUGUST 18, 1879.

1141

Mr. Paine, chairman of the Committee on Enrollment, submitted the following report:

~Ir. Speaker :

The Committee on Enrollment report as duly en-

rolled, and ready for the signature of the Speaker of

the House of Representatives, the following acts, to-

wit:

.An act to change the time of holding the fall term of

the Superior Courts of Lumpkin and Dawson counties

of the Blue Ridge Circuit.

Also, an ad to confer additional powers on 'ax-

Collectors of the several counties of the State, and to

make said Tax-Collectors ex-officio Sheriffs in certain

cases, and for other purposes.

They also 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 fol.

lowing act of the Senate.

An act to establish the State line between Georgia

and North Carolina, so far as the same is the line be-

tween Rabun county, in Georgia, and Macon county,

in North Carolina, and to provide for the survey of the

same.

W. W. PAINE, Chairman.

The unfinished business was then taken up and the House went into the Committee of thfl Whole House for the further consideration of "a bill to settle the claim of Thomas L. Snead against the State of Georgia."
Mr. Polbill, chairman of the Committee of the Whole House, submitted the following report:

Mr. Speaker:

'he Committee of the 'Vhole House have had under consideration a bill to settle the claim of Thomas L. Snead against the State of Georgia. The committee

1142

JOURNAL OF THE HoUSE.

have instructed me to report that they have made some progress, and ask leave to sit again.

Mr. Yancey offt>red the following resolution, which was read and agreed to, to-wit:
A resolution-

Postponing the time for the presPntation of the por-
trait of Dr. Crawford ,V. Long to such time as may be
agreed on.

The action of the f!ouse was ordered at once transmitteU. to tha Senate.

The House, on motion, returned to Committee of the 'Vhole HousP.
Mr. Polhill, chairman of the CommittPe of the 'Vhole House, submitted the following report:

Mr. Speaker :

'fhe Committee of the Whole House have had undPr consiieration a bill to settle the cJaim of Thomas L. Snead against the State of Georgia, which they have instructed me to report back to the House with a request to be relieved from the furthr>r consideration thereof.
Mr. Wright moved to lay the bill on the table. Motion lost.
Mr. Rankin moved to indefinitely postpone the bill.

On the motion to indefinitely postpone, Mr. McCurry called for the yeas and nays.

The call was sustained, and on calling the roll the vote was as follows :

MoNDAY, AuGusT 18, 1879.

1143

Those voting in the affirmative are Messrs.-

Bennett, Brintle, Burch of Laurens,
Burch of Towns, Butt, Cannon, Cox of Harri~, DeLoach Duggar, Farnell,
Fuller, Grant,
Glover, Harp,
Hogan, Howell of Lowndes, Howell of Pickens,
Hudson,

Ivey, Johnson of Johnson, Jordan of Crawford, Kendrick. King,
Kirby,
~!c.Afee,
:McConnell, McCurry, l\IcGouirck, McRae, Miller of Houston, Mitchell, Northern, Oliver, Patterson,
Phillips of Carroll,

Phillips of Coffee, Puckett, Rankin,
Redwine, Reese, Riden, Roach, Shannon, Sharman,
Sims, Smith of Walton, Stric1<land,
Taliaferro.
Tate, . \Veehunt, wheeler,
Willingham.

Those voting in the negative are Messrs.-

Adams, Anderson of Morgan,
Barksdale, Bell,
Berry, Bleckley,
Born, Branch, Butler,
Chapman, Clegg,
Collins, Cox of Troup, Crawford, Daniel,
Davis of Baker, Davis of Houston,
Davison,
DuBo~e,
Duvall, Fitzgerald,
Gammage, Greene of Baldwin,
Hall,

Hamilton, Hanks,
Henderson,
Hill, Hulsey, Humber, Hutchins,
Janes, Johnson of Clay, Jordan of Wilkes,
Kimsey, Lamb, Li-dngston,
Mathews, Maund,
McDonald, Milner, llynatt,
Paine, Paull, Phillips of Cobb,
Phinizy,
Pike,

Polhill,
Pope, Roney,
Russell, Sheffield of Early,
Sibley, Sikes, s~ith of Butts, Strother, Tarver,
Thomas,
Toole, Turner of Brooks, Turner of Coweta,
Walton, Welch,
Westbrook, Williams, F. J. Wilmot,
Wilson, Wright,
Yancey, Zellner.

Those not voting are Messrs.-

Anderson of Newton, Anderson of Pulaski, Awtry,
Barron, Bird,
Brantley,

Ford, Fort, Garrard, Gray,
Greene of Madison, Hammond,

Park, Peacock, Perkins, Poppell, Prescott,
Roberts,

1144

JoURNAL OF 'l'HE HousE.

Buchan, Carr, Chambers,
Colley,
Cook, Cunningham, Dickin,
Dozier, Dupree, Elder,
Fletcher,

Harrell, Harris, Harrison,
Hollis, Irvil!e, Lang,
Luffman, McLucas, Mc,Vborter,
l\1iller of Liberty, Nisbet,

Yeas 52. Nays 70. Not voting 51.

Rogers, Scruggs,
Sheffield of l\Iiller,
Smith of Oglethorpe, Tatum, Vick,
Wall, walters,
Wilcox,
Williams of Columbia, Williams, C. W.

So the motion to indefinitely postpone did not prevail.
Several motions to amend were offered and voted down.
Mr. Cox, of Troup, moved to recommit to the Committee on Finance.
Lost.
Mr. Milner, of Bartow, moved to make the bill the special order for Friday next immediately after the reading of the Journal.
Lost.
Mr. Cannon called for the previou::; question on the the passage of the bill.
The call was sustained, and the main question ordered.
'l'he report of the co.mmittee was agreed to, and the bill being one to appropriate money, the yeas and nays were ordered, and on calling the roll the vote was as follows:

Those voU.ag in the affirmative are Messrs

Adams, Anderson;of Morgan, Andersf'r. of Newton, Bleckley, Born,

Henderson, Hill, Hulsey, Humber,
Hutchins,

Pope, Roney,
Russell, Sheffied of Early, Sibley,

MONDAY, AUGUST 18, 1879.

1145

Butler,

Chapman,:

Clegg,

Collins,

Cox of Troup,

Crawford,

Daniel,

Davis of Baker,

Davis of Honst.on,

Duvall Fi tzger.al

a,

Gammage,

Greene of Baldwin,

Hall,

Hamilton,

Hanks,

Janes. Joilnson of Clay, Jordan of Wilkes, Lamb, Livingston, Mathews, Maund,
Miller of Liberty, Milner,
Myr:att, Paine,
Paull, Philips of Cobb, Phinizy,
Pike,
Polhill,

Smith of BuUF,
Stro~her,
Tarver, Tatum,
Thomas, Turner of Bronk", Tun~er of Coweta,
'alton, welch,
C. westbrook
Williams, W. Wilmot, "Wilson,
Wright, Yancey,
Zellner.

Those voting in the negative are Messrs.--

Barksdale,
Bell, Bennett,
Berry, Branch,,
Brintle, Buchan,
Burch of laurens, Buch of rowm, Butt,
Cannon,; Cook, Cox of Harris.
Cunningham, Davison,
DeLoach, DuBose,
Duggar, Farnell, Fuller,
Grant, Glover, Hammond,

Harp, Hogan, Howell of Lowndes, Ho,ve~l of Pickens, Hudson, Ivey, Johnson of Johnson, Jotdan of Crawford, Keadrick, Kimsey, King, Kirby, McA1ee, McConnell, McCurry, McDonald, :M:cGouirck, McRae, Miller of Houston, 1\Iitchell, Northern, Oliver,

Patterson, Peacock, Phillips ol Carroll, Phillips of Coffee,
P~ckett,
Rankin, Redwine, Reese, Riden, Roach, Shannon, Sharman, Sikes, Sin:s, Smith of walton, Strickland, Taliaferro, Tate, 'J.'oole,
vVeehnnt, wheeler,
Willingham.

Tbos'3 not voting are Me 3Srs.-

Aderson of Pulaski, Awtry, Barron,
Bird, Brantley, Carr,
Chambers,
Colley, Dickin,
Dozier,
73

Garrard, Gray, Greene of Madison, Harrell, Harris, Harrison, Hollis, Irvine, Lang,
Luflinan,

Perkins,
Poppell, Prescott, Roberts,
Rogers. Scruggs,
Sheflied of Miller,
Smith of Oglethorpe, Vick, Wall,

1146

JouRNAL OJ! THE HousE.

Dupree, Elder, Fletcher,
Ford, Fort,

McLucas,
:M:c\Vhorter, :Nisbet,;, Park,

Yeas 63.

Nays 67.

Not voting 43.

. \Valters, Wilcox, Williams of Columbia, Williams, F. J.

So the bill was lost. The following message was received from his Excellency, the Governor, through Mr. Avery, his Secretary, to-wit:

Mr. Speaker:

liis Excellency the Governor has approved and signed the following acts, to-wit:
An act to authorize the issue of interest-bearing bonds by the Mayor and Council of the city of Macon for refunding the present bonded debt, and for other purposes.
Also, an act to amend an act entitled an act to charter the Louisville Branch R-1ilroad Company, approved August 24, 1872 ; to change the name of said company; to make the town of \Vadley the point of junction with the Central Railroad; to rednce the amount of stock to be subscribed before election of Directors ; to change the mode of assessing damages for right-of-way; to ratify and confirm the acts of the corporators and stockholders in electing Directors, and for other purposes.
Also, a resolution to provide for the acceptance by the State of Georgia of the proposal of the Mayor and Council of the city of Atlanta to convey to said State a site on which to build a Capitol, and to adjust and settle with said Mayor and Council their proposal to build for said State a Capitol building.
Also, a resolution instructing the Superintendent of the Lunatic Asylum as to the admission of a certain class of patients.

MONDAY, AUGUST 18, 1879.

1147

Also, a. resolution that the Governor offer a suitable reward for the apprehension of any person forging the great seal of the State in the matter of land grants.
The following message was received from the Senate, through Mr. Harris, Secretary thereof:

Mr. Speaker:
The s,,nate has passed the following Rouse bills by the requisite constitutional majority, to-wit :
A bill to regulate the publication of registered voters of the city of Augusta.
.Also, a bill to authorize the Comptroller-General to administer oaths.
Also, a bill to require the Mayor of the city of Augusta to discharge the duties of Recorder of said city, to limit the salary of said Mayor, and for other purposes therein cont~tined.
Also, a bill to amend an act entitled an act to provide that the Treasurer of Richmond county shall be allowed a salary, and to fix the amount thereof, and for other purposes, approved February 2, 1867.
Also, a bill to authorize the Ordinary of Jackson county to issue bonds to build a Court-Rouse, and to provide for the redemption of the same.
Also, a bill for the relief of Richard H. Leonard, Ordinary of Talbot county.
Also, a bill to amend an act entitled an act to authorize the City Council of Augusta to create a Board of Health.
The Senate has passed the following House bills, with certain amendments, to- wit:
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.
Also, a bill to prohibit the catching of tish f01 the purpose of shippiug or selling from the waters of the

1148

JouRNAL oF THE HousE.

Little Ocmulgee River, in the county of Telfair, and to prescribe a penalty for the same.
The Senate has refused to concur in the House bill to amend section 1961 of the Code of 1873 in relation to the probate of mortgages for record, and the same was lost.
Mr. Paine, Chairman of the Commit~ee on Enrollment, submitted tile followiug report:
Mr. Speaker:
The Committ~e on Enrollmer.t report as duly enrolled, signed by the Speaker of the House of Representatives, President of the Senate, and delivered to the Governor the following acts, to-wit:
An act to authorize the County Commissioners of Bibb county to purchase the 'Viley Turnpike in said county, and make the same a free crossing ; to levy a tax for the purchase money, and for other purposes.
Also, an act to incorporate the Hartwell Railroad Company, and for other purposes.
'V. \V. PAINE, Chairman. Mr. Colley, chairman of the Committee on Military Affairs, submitted the following report, to- wit:

Mr. Speaker :
'rhe Committee on Military Affairs have had the following bill under consideration, which they beg to report back to the House, with the recommendation that it be referred to the Committee on Finance, to-wit:
A bill to be entitled an act for supplying 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.
CoLLEY, Chairman.
Mr. Hutchins, chairman of the Committee on Finance, submitted the foll0\ving report :

MoNDAY, AuGUST 18, 1879.

1149

Mr. Speaker:
The Committee on Finance have had unJer consideration the following bill, which they recommend do pass, by substitute, to-wit:
A bill to be entitled an act for the relief of Benjamin F. Matthews, of the county of Chattahoochee.
Proper notices of intention to apply for the passage of said special bill has been published, as required by law.
Respectfully submitted. N. L. HuTcHINS, Chairman.
Mr. YancAy, from the Committee of Conference on Senate bill No. 67, submitted the following report:
Mr. Speaker:
The undersigned committee of the House, appointed to confer with a like committee of the Senate, upon the amendments made by the House to Senate bill No. 67, having said Senate committee in joint conference, said joint committee have agreed upon the following recommendations :
First-That the substitute adopted by the House in lieu of Senate bill No. 67, be amended by striking off the final letter "s" from the word sections, which occurs in section 2.
Second-=That said substitute be amended by striking out of section 2 the words and figures following "and sixteen hundred and seventy-seven (1677,)."
Third-That said section be amended by adding thereto the following proviso: "Provided that this act shall not apply to the incorporation of associations of churches, and shall not repeal or a:ffect an act approved December 16, 1878, entitled 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, colleges, and churches.''

1150

JOURNAL OF TH~ HoUSE

The said committee recommend that said substitute, when so amended, be passed.
BEN. C. YANCEY, Chairman ; J. J. KIMSEY,
P. L. MYNATT.
House Committee. J onN T. CLARKE, Chairman ;
vV. J. HEAD,
SAMUEL HA WKJNS,
Senate Committee.

Mr. McCtury offered the following resolution, which was read and agreed to, to- wit :
A resolution-
To al)point a special committee of seven to investigate the office and official conduct of the P1,1blic Printer.
The following bill was read the third time>, amended, and the report of the committee adopted ; the vote was reconsidered, and the title was amended, and the relJOrt, as amended, was agreed to, and the bill passed by the requisite constitutional majority, yeas 99, nays none, to-wit :
A bill to authorize and provide for the organization of chain-gangs for misdemeanor convicts in this State.
On motion of Mr. Adams the bill to supply limbs to maimed soldiers, etc., was recommitted to the Committee on Finance.
On motion of Mr. Mynatt, House bill No. 490 was taken from the table and placed in its order on the calendar.
The House went into Committee of the 'Vhole House for the consideration of the bill to continue th~ appropriation for the geological survey.
Mr. Northern, chairman of the Committee of the Whole House, submitted the following report :

MoNDAY, AUGUS1' 18, 1879.

J.151

Mrl. Speaker:
The Committee of the Whole House have bad under consideration a bill to amend an act to create the office of State Geologist, and to provide for a mineralogical, geological and physical survey of the State of Georgia.
They have instructed me to report. the bill back to the House, and ask leave to sit again.
On motion of Mr. Yancey, the following resolution was taken up, read and agreed to, to:wit:
r
A resolution-
To present the names of Dr. Crawford vV. Long and
Gen. James Oglethorpe to the National Art Gallery at Washington, D. C.
The action of the House was ordered at once transmitted to the Senate.
Leave of absence was granted to Mr. Sibley on account of important business.
'fhe House then adjourned till 9 A. M. to-morrow

1152

JoURNAL OF THE Ho.usE.

ATLANTA., GEORGIA.,
Tuesday, August 19, 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 answered to their names :

Those present were Messrs.-

.Adams, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski,
Awtry, Barksdale,
Bell, Bennett,
Berry,
Bird, Bleckley, BorD, Branch,
Brintle, Buchan, Burch of Laurens,
Burch of Towns,
Butler,
Butt, Cannon,
Ca.rr, Chambers, Chapman,
Clegg, Colley, Collins,
Cook, Cox of Harris, Cox of Troup,
Crawford, Cunningham, Daniel, Davis of Baker, Davis of Houston,
navison,
DeLoach, Dick in,
Duggar,

Greene of Madison,
Hall, Hammond, Hamilton,
Hanks,
Ha':rell, Harp, Harris, Henderson,
Hill, Hogan, Howell of Lowndes,
Howell of Pickens, Hudson, Hulsey,
Humber,
Hutchins, Ivey, Ja'les, Johnson of Clay,
J ohneon of Johnson, Jordan of Crawford, .Tordan of 'WilkeR,
Kendrick, Kimsey,
King, Kirby,
Lamb, Livingston, Mathews,
Maund, McAfee, McConnell, McCurry, McDonald,
McGonrick, McLu0as, )feRae,

Phillip~ of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike,
Polhill, Pope, Puckett, Rankin, Redwine, Reese, Riden, Ro2ch, Roberts,
Rogers, Roney, Russell, Scruggs, Shannon, Sharwan, Sheffield of Early,
Sibley, Sikes,
Sims, Smith of Butts, Smith of Oglethorpe,
Smith of Walton Strickland, Strother, Tal; aferro,
Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta, Vir alters,

TUESDAY, AUGUST 19, 1879.

1153

Dupree,
Duvall,
Elder, Farnell, Fitzgerald, Fort, Fuller, Gammage,
Garrard, Grant,
Gray, Glover, Greene of Baldwin,

Miller of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, ~is bet, :No .. ~hern,
Oliver, Paine. Patterson, Paull, Peacock, Perkins,

Walton, Weehunt.
Welch, W estbiook, wheeler, Williams of Columbia, Williams, C. W., Willingham,
Wilruo~.
"Wilson, Wright, Yancey Zellner.

Those absent were Messrs.-

Barron, Brantley, Dozier, DuBose, Fletcher, Ford, Harrison,

Hollis, Irvine, Lang, Luffman, :i\fcwhorter, Park,
Poppell,

Prescott, Sheffield of Miller,
Vick, Wall, Wilcox, Williams, F. J.

Present, 153. Absent, 20.

Mr. Buchan, from the Committee on Journals, reported the Journal of yesterday examined and ap-proved.
The Journal was then read and approved.

Mr. \Vright moved to reconsider so much of the Journal as relates to the action of the House upon the bill to settle the claim of Thomas L. Snead against the State.
The motion to reconsider was lost.
On motion of Mr. Reese, the following bill was referred to the Committee on Finance, to wit:
A bill to appropriate $2,500 for fencing and repairs on the white's building at the Institute for the Deaf and Dumb, and $3,500 for the improvemPnt and support of the institution devoted to the colored deaf and dumb.
A motion by Mr. Paine to suspend. the rules was voted do 1vn.
On motion of Mr. Cunningham, House bill No. 427

1154

JOURNAL OF THE HOUSE.

was taken from the table and placed in its order on the calendar.
The business in order, the unfinished business, was taken up, and the House went into Committee of the Whole House for the further consideration of the bill for the continuance of the Geological Bureau.
Mr. Northern, chairman of the Committee of the Whole House, submitted the following report :
Mr. Speaker :
'T'he Committee of the Whole Honse have had under consideration a bill to amend the act providing for a mineralogical, geological and physical survey of the State, and to create the office of State Geologist. , They have instructed me to report that they have made some progress, and ask leave to sit again.
Mr. Tumer, of Brooks, chairman of the Committee on the Judiciary, submitted the following report :
Mr. Speaker:
The Committee on the J ndiciary have had under consideration the following bills, which they recommend do pass, by substitute, to wit :
A bill to be entitled an act to define and enlarge the duties of the Attorney-General of this State, and for other purposes.
Also, a bill to be entitled an act to amend an act entitled an act to alter the law of this State relative to the summary establishment of lost papers.
Also, a bill to be entitled an act to regulate the practice in certiorari cases ; to suspend the issuing of execution, and for other purposes.
Also, a bill to be entitled an act to repeal an act entitled an act to reduce the salaries of Tax-Receiver and Tax-Collector of Forsyth county, Georgia, approved February 27, 1877.
Also, a bill to be entitled an act to entirely prohibit

. TuESDAY, AuGUF:T 19, 1879.

1155

the sale of spirituous and intoxicating liquors within the boundary lines of Irwin county.
TLe committee find that the proper notices, required by law, have been given of intention to apply for the passage of the last two bills.
H. G. TuRNER, Chairman.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. BpealieT :
The Senate has passed the following House bills, towit:
A bill to prevent the forfeiture of recognizances in criminal cases except when the prosecuting officer is ready for trial.
Also, a bill to fix the fees of Justices of the Peace and Constables in appeal cases in Justice Courts.
Also, a bill to amend an act, approved February 28, 1874, entitled an act to establish a new eharter for the city of Atlanta.
The Senate has also passed with amendments, in which they ask the concurrence of the House, a bill to alter and amend section 2970 of the Code.
The Senate has also adopted the report of the conference committee on Senate bill to carry into effect paragraph 18, section 7, article 3 of the Constitution, by prescribing the mannPr in which corporate powers may be granted.
The Senate has also passed House bill to prescribe the manner for letting the public printing to the lowest bidder.
The hour of 10 o'clock having arrived, the special order, the bill to authorize the lease or sale of the Macon and Brunswick Railroad, and to confer certain chartered powers and privileges upon the lessees, etc., w~s taken up and read.

1156

JoURNAL OF THE HOUSE.

The amendment proposed by the committee was adopted.
Pending the discussion, the hour of adjournment arrived, and the House adjourned till 9 A. ni. to-morrow.

ATLANTA, GEORGIA,
Wednesday, August 2Q, 1879.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
'rhe roll was called and the following members answered to their names:

Those present were Messrs.-

Adams, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski,
Awtry,
Barksdale,
Bell, Bennett,
Berry,
Bird, Bleckley,
Born, Branch,
Brintle, Buchan, Burch of Laurens, Burch of Towns,
Butt, Cannon,
Carr, Chambers,
Chapman,
Clegg, Colley, Collins,
Cook, Cox of Harris, Cox of Troup, Crawford,

Greene of Madison, Hall, Hammond, Hamilton, Hank8, Harrell, Harp, Harr:s, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irv:ne, Ivey, Janes. Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Kirby,

Paull, Peacock, Perkins, Phillips of Carroll, Phillips of Cobb, Phillips of CoHee,
Phinizy,
Pike, Polhill,
Pope, Puckett,
Ra'lkin, Redwine,
Reese.
Riden, Roach, Roberts,
Roney, Russell, Shannon, Sharman, Sheffield of Early,
Sibley, Sikes, Si;ns, Smith of Butt~,
Smith of Walton, Strickland, Strother,

'WEDNESDAY, AUGUST 20, 1879.

1157

Cunningham,
Daniel, Davis of Baker,
Davis of Houston, Davison,
DeLoach, Dickin,
DuBo&e, Duggar, Dupree,
Duvall, Elder, Farnell,
Fitzgerald, Fletcher, Fort, Fuller,
Gammage, Garrard, Grant,
Gray, Glover,
Greene of Baldwin,

Lamb,
Livingston, Mathews,
Maund, McAfee. McConnell,
McCuuy, McDoTiald,
McGouirck, McLucas,
McRae, McWhorter
Miller of Houston, Miller of Liberty, Milner, Mitchell,
Mynatt, Nisbet, Northern, Oliver, Pa:ne,
Park,
Patterson,

Those absent were Messrs.-

Barron, Brantley, Butler, Dozier, Ford, Harrison,
Present 165.
Absent lB.

Lang, Lufl'man, Poppell, Prescott, Rogers, Scruggs,

Taliaferro, Tarver, Tate, Tatum, Thomas, Too!e, Turner of Brook,, Turner of Coweta. Wa~te!'S1 Wa!!o!l, Weehunt, 'Velcl1,
we~thook,
Wheeler, Williams of Columbia, Williams,<..:. W. Willing!tam, Wilmot, Wilso!l, Wright, Yancey, Zellner.
Sheffield of Miller, Smith of Oglethorpe, Vick, Wall. Wilcox, Williams, F. J.

Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and confirmed.
The special oraer for the day-the bill known as the general railroad bill for the regulation of freights and passenger tariffs-was taken up.
On motion of Mr. Harris, the special order was postponed and made the special order immediately after the bill for the lease or sale of the Macon and Brunswick Railroad," now unfinished business is dispo3ed of.

1158

JoURNAL OF THE HoUSE.

Mr. Turner, of Brooks, offered the following resolution, which was read and agreed to, to-wit:
A resolution-
That after to-day the House shall, in addition to the regular session, hold an afternoon session, beginning at half past ;j o'clock for the reading of' House bills, favorably reported, the second time ; the reading of Senate bills the first time, and for the reading of Senate bills, favorably reported, the second time, and that no other business, execpt as abov~ stated, shall be in order.
On motion of Mr. McGouirck, House bill No. 627 to authorize J. B. Watson to erect gates on a public road therein named-was referred to the Committee on Internal Improvements.
Mr. Russell offered a resolution relative to the putting of advertising circulars upon the desks of members, that was not agreed to.
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 local bill, which they find incapable of' being consolidated with any other local bill or bills, now in their possession, and herewith report the same back to the Honse with the recommendation that it be read the first time, and referred to an appropriate committee, to-wit :
A bill to be entitled an act to prescribe the method of granting license to sell spirituous or intoxic.ating liquors in the county of 'fatnall, and to increase the fee for the same to $2,500.
'he committee have also had under consideration the following local bills, which they have consolidated, and herewith rt->port to tile House, aml recommend that

WEDNESDAY, AUGUST 20, 1879.

1159

the consolidated bill, proposed by the committee, be

substituted for said original bills, and that it be read

the first time and referred to an appropriate commit-

tee, to-wit:

A bill to.be entitled an act to create a Board of Com-

missioners of Roads and Revenues for the county of

Telfair.

A bill to be entitled an act to create a Board of Coun-

ty Commissioners of Roads and Revenues for the

county of Henry.



A bill to be entitled an act to creat~ a Board of Com-

missioners of Roads and Revenues for the county of

Cobb. , A bill to be entitled an act to create a Board of Com-

missioners of Roads and Revenues for the county of

vVashington.

Also, a bill to be entitled an act to create a Board of

Commissi~ners of Roads and Revenues for the county

of Paulding.

And a bill to be entitled an act to a.ppoint a Board

of Commissioners of Roads and Revenues for the coun-

ty of Dooly.

The committee have also consolidated the following

additional local bills, and recommend that the con-

solidated bill herewith reportt;d be substituted for

said original bills, read the first time, and referred to

an appropriate committee, to-wit:

A bill to be entitled an act to create a Board of Com-

missioners of Roads and Revenues for the county of

Emanuel.

A bill to be entitled an act to create a Board of Com-

missjoners of Ro:tds and Revenues for the county of

Marion.

Also, a bill to be entitled an act to create a Board of

Commissioners of Roads and Revenues for the county

of Johnson.

'\VM. M. H.A:UMMOND, Chairman.

1160

JouRNAL OF THE HousE.

The following bills, reported by the Committee on Local and Special Bills, as a consolidated bill, for House bills Nos. 370, 462, 531, 551, 659 and 829, was read the first time, and referred to the Committee on Corporations, to-wit:
A bill to provide for the creation of Boards of Commissioners of Roads and Revenues in the counties of Dooly, Henry, Paulding, 'felfair and Washington, in this State; to prescribe thPir powers and duties, and to fix and limit their compensation, and the pay of officers employed by them.
Also, the following bill, as a consolidated bill for Honse IJills Nos. 449, 520 and 719, was read the first time, and referred to the Committee on the J udir.iary, to-wit:
A bill to provide for the creation of Boards of Com\nissioners of Roads and Revenue in the counties of Emanuel, Marion nnd Johnson ; to prt>scribe their powers and duties, and to limit the compensation of the officers employed by them.
By a two-thirds vote, yeas 89, nays none, the following bill was introduced, read the first time, andreferred to the Committee on Finance :
By Mr. NisbetA bill for the protection of game and birds in the the county of Bibb ; to prohibit the killing, trapping or netting the same, or buying, selling or offering for sale the same during certain months in said county; to provide penalties for so doing, and for other purposes.
The following resolution was introduced, read the first time, and referred to the Committee on Agriculture, to-wit:
By Mr. King-
A resolution-
Submitting the question of the continuance of the

"'\i\""EDNESDAY, AUGUt;T 20, 1879.

1101

Agricultural Department to the legal voters. of this State.

The following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to .. w i t :
By Mr. WelchA bill to change so much of paragraph 1, section 670 oF the Code of Georgia, which leaves to the discretion of the Ordinaries of said State the mode of making contracts for the erection and repairs of public bridges, etc. By Mr. DickinA bill to change the time of holding the Superior Court in Henry county.
Mr. Clegg asked leave to introduce and refer to the Committee on Local and Special Bills, with authority to consider and report thereon, the following bil1, to-wit:
.A bill to repeal an act to establish a County Court for the counties of Dougherty and Lee, approved August 24, 1872, so far as the same relates to the county of Lee.
On a division, the yeas were 101, nays none; so the bill was referred by the necessary two-thirds vote.
The following bill was introduced, read the first time and referred to the Committee on Railroads, to-wit:
By Mr. PhinizyA bill to require section bosses or overseers of railroad companies to remove stock killed by the running of thP. trains to a point at least two hundred yards from public roads and dwellings, and to prescribe a penalty
for a failure to do so, the place ot trial, etc.
The following bill, considered and reported back by the Committee on Local and Special Bills, was read the first time, and referred to the Committee on the Judiciary, to-wit:
74

1162

JOU.RNAL OF THE HOUSE.

By Mr. Bird-

A bill to prescribe the method of granting license to

sell spirjtuous or intoxicating liquors in the county of

Tatnall, and to increase the fee for the same to twenty-

five hundred dollars.



Mr. :Mynatt, chairman of the Committee on Corpor-

ations, submited the following report:

Mr. Speaker:

The Committe~ on Corporations have had under consideration the following local bills, which, from the proofs exhibited to them, they report have been properly advertised and posted prior to the intreduction thereof: to-wit:
A bill to be entitled an act to incorporate the N ationa! Mercantile Debt Association Company, which they recommend do pass, as amended.
Also, a bill to be entitled an act to amend an act incorporating the town of Forrestville, in Floyd county, so as to change the line of said town on the northwest side, and make the Selma, Rome and Dalton Railroad the line on that side of the town, which they recommend do not pass.
The committee have also had under consideration the following bill, which they recommend do not pass :
A bill to be entitled an act to amend an act entitled an act to prescribe the mode of incorporating towns and villages in this State, approved August 26, 1872, and acts amendatory thereof, by adding additional sections to the general act.
Respectfully submitted. P. L. MYNATT, Chairman.
Mr. Livingston, chairman of the Committee on Agriculture, submitted the following report :

Mr. Speaker:

The Committee on Agrionlture have had under con

WED.NESDAY, AUGUST 20, 1879.

1163

sideratio!l the following bills, which they report back to the House with the recommendation that they do
pass, to-wit: A bill to be entitled an act to amend section 1456 of
t.he Code of Georgia. .Also, a bill to be entitled an act to prevent depreca
tion of hogs in the county of Morgan, and to prescribe a penalty for the same.
.Also, a bill to be entitled an act to repeal an act en titled an act to prohibit the sale of intoxicating liquors within certain limits of the depot on the Atlanta and Richmond .Air-LineRail1oad at Suwanee, in the county of Gwinnett, approved February 25, 1876, and for other purposes, which they report back with the recommen dation that it do not pass:
L. F. LIVINGSToN, 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 bill, which they recommend do not pass, to-wit:
.A bill to be entitled an act to appropriate $2,500 for fencing and repairs on the buitdiag for the whites at the Institution for the Deaf and Dumb, at Cave Spring, in this State, and $3,500 for the fitting up and support of that portion of the Institute devoted to the colored deaf and dumb, and for other purposes.
.Al.:;o, the following resolution, which they recommend do not pass, to wit :
A resolution-
'fo authorize the Governor to draw his warrant on
-tile Treasury to pay the reward which he is authorized
to offer for the apprehension, with evidence to convict,

1164

JouRNAL Ol!' THE HousE.

of such party or parties as have been counterfeiting the great seal of the State, in issuing fraudulent land grants.
'rhe committee have also had under consideration the follow-ing local and special bills, which they recommend do pass, by substitute, to-wit:
.A. bill to be entitled an act to amend an act to create a .Board of Commissioners of Roads and Revenues for Crawford county, approved March 2, 1874. . Also, a bill to be entitled an act to amend an act entitled an act to establish a City Court in the city of Atlanta, and more particularly to regulate the payment of' the insolvent costs, heretofore accrued, of the several officers of said City Court, and to authorize and prescribe for the allowance and receipt of tile several claims of the said officers on account of insolvent costs when duly authenticated as prescribed by law in payment ot taxes and other claims due to the State.
Abo, the following bill, which they rl:lcommend do not pass, to wit :
.A. bill to be entitled an act for the relief of Charles A. Nutting and John '1'. Grant as sur~ties of John Jones, Jate Treasurer of the State of Georgia.
Proper notices ot' intention to apply for the passage of said bills have been published as prescribed by law.
The com mittee returned a bill to be entitled an act to create and organize a Board of Commissioners of Roads and Revenues for the county of Fulton ; to define their powers, and for other purposes, which they recommend be referred to the Committee on the Judiciary.
Respectfully submitted. N. L. HuTCHINS, Chairman.
Mr. Paine, chairman of the Committee on Enrol ment, submitted the following report:

W:EDNESDAY, AUGUST 20, 1879.

]160

lrir. Speaker:
The Committee on Enrollrw=>nt report as duly en. rolled, signed by the Speaker of the House of Repre-
sentativetl, President of the Senate, and deli~ered to the Governor, the following acts, to-wit:
An act to confer additional powers upon the TaxCollectors of the several counties of the State, and to make said Tax-Collectors ex-officio Sheriffs in certain cases, and for other purposes.
Also, an act to change the time of holding Lumpkin and Dawson Superior Courts, of the Blue Ridge Circuit.
W. ,V. PAINE, Chairman.
The following message was received from the Senate through Mr. Harris, the Secretary thereof:
JJ1r. Speaker: The Senate has passed the following Honse bill,
with certain amendments, in which they ask the concmTence of the House, to wit:
A bill to create a Board of Police Commissioners for the city of Augusta.
The Senate has also passed a resolution accepting the invitation of the House to be present at the reception of the portrait of Dr. Long.
Also a resolution to present the name of Crawford 'V. Long, the discoverer of amesthesia, and James Oglethorpe, the historic founder of the Commonwealth, to the Art Gallery, established by Congress, to represen c Georgia.
The Senate insists on its amendments to a House bill to exempt from jury duty ministers of the Gospel, and others, and asks a committee of conference, and has aypointed as said committee, on the part of the Senate, Messrs. Harrison, Russell, and Holton, and I am in structed to transmit the action of the Senate to the House forthwith.

1166

JouRNAL OF THE HousE

The Senate also insists on its amendments to a Honse bill to repeal sections 4387 and 4388, and to provide for the punishment of burglary, and asks a committee of conference, and bas appointed as said committee, on the part of tha Senate, Messrs. Clark, Bower, and Preston, and I am instructed to transmit the action of the Senate forthwith to the House.
The Senate has also passed a resolution to remove the State Library to the apartment now occupied by the Agricultural and Geological Departments, and asks the concurrence of the House therein.
The following bill was, on motion. referred to the Committee on the Judiciary, to- wit:
A bill to create and organize a Board of Commissioners of Roads and Revenues for the county of Fulton, etc.
Mr. 'Vheeler offered the following resolution, which was read and referred to the Committee on RnlPs, towit:
A resolution-
That debate on this floot be limited to fifteen minutes, and that a two-thirds vote shall be nPcessary to prolong the time of any member.
Mr. King offered the following resolution, which was read and agreed to, to-wit:
A resolution-
That a committee of five be appointed to investigate the expenditures of the Geological Department of this State for the last five years, or since its establishment.
The following bill was, by permission, taken up and withilrawn, to-wit:
A bill to authorize F. M Ayers to peddle without license.
The following bill, reported back by the Committee on Local and Special Bills for a first reading, was read

WEDNESDAY, AuGU~T 20, 1879.

1167

and referred to the Committee on the Judiciary, to-wit: A bill to amend an act to amend an act to establish
a County Court in Coweta county, approved March 2, 1874, which amendatory act was approved February 16, 1876.
The unfinished business, the consideration of the bill to amend the act creating the Geological Department, was postponed and made the special order for Tuesday next immediately after the reading of the Journal.
The unfinished business, the bill for the lease or sale of the Macon and Brunswick Railroad, was then resumed.
Mr. Wheeler called for the previous question on the the amendment.proposed by Mr. Ball.
The call was sustained, and the main question ordered.
Mr. Hall 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, Berry,
Carr, Chapman,
Cook, . Cox of Troup, Hall,

Irvine,
Kin.e:, McDonald,
Miller of Liberty, Paine,
Phillips of. Cobb, Phinizy, Pike,

Polhill,
Reese, Russell,
Strother, Tarver,
Tatum, Turner of Brooks, Turner of Coweta,

Those voting in the negative are Messrs.-

Anderson of Pulaski,
Barksdale,
Bell, Bennett, Bird, Bleckley, Born, Branch, Brintle, Buchan, Burch of Laurens, Burch of Towns, Butler,

Greene of M: adison, Hamilton, Hanks,
Harrell, Harp, Harris,
Henderson, Hill, Hogan, Howell of Lowndes,
Howell of Pickens, Hudson.
Hulsey,

Oliver, Park, PatterRon,
Peacock, Phillips of Carroll,
Phillips of Coffee, Pope, Puckett, Rankin,
Redwine, Riden, Roach,
Roberts,

1168

J OURNAT, OF THE HoUSE.

Butt, Cannon,
Chambers,
Cle~,
Colley, Collins, Cox of Harris, Crawford,
Cunningham, Daniel,
Davis of Baker, Davison,
DeLoach Diekin,
DuBose, Duggar, Dupree,
Duvall, Elder, Farnell, Fitzgerald,
Fort, Fuller,
Gan~mage,
Garrard, Grant,
Glover, Greene of Baldwin,

Humber, Fu'chins,
lvey, Janes, Johnson of Clay, J ohnsou of .Tohn.son, Jordan of Crawford, Jordan of Wilkes,
Kendrick. Kimsey,
Kirby,
Lamb, Livingston, Mathews,
.i\1aund, McConnell,
McCurry, McGouirck, .1\<IcLucas, McRae, l-Ie Whorter, Miller of Houston, "Milner,
Mitchell, Mynatt,
Nisbet, Northern,

Roney,
Shannon, Sbarman, Sheffield of Early,
Sikes, Sims, Smith of Butts, Smith of O~rlethorpe, Smith of Walton,
Strickland,
Taliaferro.
Tate, Thomas,
Toole, "\Valton,
"\Veehunt, Welch,
Westbrook, Wbeeler, Williams of Columbia,
Williams, C. W. Wi)lingbam.
\Vilmot, Wilson,
Wrigpt, Yancey, Zellner.

Those not voting are Messrs.-:-

Anderson of Newton,
Awtry, Barron, Brantley,
Davis of Houston, Dozier,
Fletcher,
Ford, Gray,
Hammond,

Harrison,
Hollis,
Lan~,
Luffman, .1\<Ic.A.fee, Paull,
Perkins,
Poppell, Prescott,

Yeas24. Nays 121. Not voting 28.

Rogers, Scruggs
Sheffield of Miller, Sibley, Vick,
Wall, Walters,
Wilcox, Williams, F. J.

So the amendment was not adopted. Mr. Hall proposed further to amend by striking out $60,000 and inserting $67,500 in the first section. The amendment was not adopted.
Mr. Turner, of Coweta, offered an amendment chang-

W-EDNESDAY, AUGUST 20, 1879.

1169

ing the date of lease to forty-five days after the approval of the act.
Lost. Mr. Sims proposed to strike out forty-five anil insert ninety days. Lost. Mr. Paine proposed to strike out so much as requires the Governor to advertise the lease. Lost. On motion of Mr. Tatum, the following words were stricken ont of section 3d, "nor to any company of non-resident adventurers or speculators." Mr. Cox, of Troup, offered the following amP.ndment, which was adopted, to-wit: Amend st:>ction 4th by inserting the words ' according to the value of said improvements at the time of the expiration of said lease." On motion of Mr. Yancey, the further consideration of this bill was postponed till to-morrow, immediately aftee the reading of the Journal. Mr. Yancey offered the following resolution, which was read and agreed to, and ordered at once transmitted to the Senate, to-wit:
A resolution-
Fixing the hour of 11 o'clock, A. ~L, :F'riday next as the time for formal presentation of the portrait of Dr.
Crawford vV. Long.
The time of the Bouse was extended three minutes.
Mr. Turner, of Brooks, chairman of the Committee on the .Tudiciary, snbmitted the following report:

M?. Speaker:

The Committee on the Judiciary have had under consideration the following bills, which they recommend do pass, to- wit :
A bill to be entitled an act to repeal sections 1631,

1170

JOURNAL OJ! THE HOUSE.

1632 and 1633 of the Revised Code of 1873, and for other

purposes.

.,

Also, a bill to be entitled an act to amend an act en-

titled an act to provide for the payment of the fees of

the SolicitorGeneral of the Southern Judicial Circuit of this State in cases of misdemeanors transferred to the

County Courts in said circuit, and for other purpose!",

so as to provide also for the fees of the Clerk of the Su-

perior Court and Sheriff of the county of Brooks in said

cases.

The committee find that the proper notices required

by law have been given of intention to apply for the

passage of the last bill abovP.

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 amend section 1416 of

the Code of 1873, which relates to and regulates the

practice of dentistry.

Also, a bill to be entitled an act to amend the 837th

section of the Code of Georgia.

They have also had under consideration the follow-

ing bills, which they recommend do pass, by substi-

tute, to-wit :

A bill to be entitled an act to carry into effect para-

graph 2, section 18, article 6 of the Constitution of 1877,

so as to provide for the revision of the jury box, and

for other purposes therein named.

Also, a bill to be entitled an act to alter and amend

ser.tion 1730 of the Revised Code of Georgia of 1873, hy

striking out the words, "a special jury selected from the Grand Jury," and insertin~?; in lieu thereof the

words, "a jury as in other common law cases."

Also, a bill to be entitled an aet to carry into effect

article 5, section 1, paragraph 18 of the Constitution of

1877, which declares that the General .Assembly shall

"TEDNESDAY, AUGUST 20, 1879.

1171'

have authority to provide by law for the suspension of either the Treasurer or Comptroller-General of the State from the discharge of the duties of their offices, and also for the appointment of a suitable person to discharge the duties of the same.
Also, a bill to be entitled an act to provide one Commissioner of Roads and Revenues in the county of Forsyth, and to prescribe his powers and duties.
The committee find that the proper notices required by law have been given of intention to apply for the passage of the last bill above mentioned.
The committee have also had under consideration the following bill, which they report back with thererecommend that the introducer be allowed to withdraw it, to-wit:
A bill to be entitled an act to authorize the Mayor and Aldermen of the city of Savannah to tax so much of the property of every railroad company, or other corporation as is used, owned or held by such company or corporation within the present or any future corporate limits of said city.
The committee have also had under consideration the following bills, which they recommend do not pass, towit:
A bill to be entitled an act to fix and regulate the fees of maRters and auditors.
Also, a bill to be entitled an act to authorize Courts of Inquiry in this State to award the costs against the pHrson or persons sueing out the warrant, in case it should appear that such prosecution was malicious and unauthorized by law, and for other purposes.
Also, a bill to be entitled an act supplementary to an act to carry into effect paragraph 2, section 18, article 6 of the Constitution of 1877, so as to provide for the _ sebction of the most PXperienced, intelligent and upright men to serve as Grand Jurors, and of intelligent

1172

J OURNA.L OF THE HOUSE.

and upright men to serve as Traverse Jurors, and for drawing jurors, approved December 16, 1878.
Respectfully submitted. H. G. TuRNER, Chairman.

Mr. Paine, chairman of the Committee on Enroll ment, submitted the following report:
Mr. Speaker:
The Committee on Enrollment report as duly en rolled and ready for the signature of the Speaker of the House of Representatives, the following acts, towit:
An act for the relief of Richard H. Leonard, Ordinary of the county of Talbot from his disability under sections 327 and 328 of the Code of 1873, so far as it relates to estates not fully administered at the time of his election and qualification, and for other purposes.
Also, an act to fix the fees of Justices of the Peace and Notaries Public who are ex-o:fficio Justices of the Peace and Constables in appeal cases.
Also, an act to prevent the forfeiture of recognizances in criminal cases, except where the prosecuting officer is ready for trial, and for other purposes.
Also, an act to authorize the Ordinary of Jackson county to issue county bonds to build a Court-House in said county, and to provide for the redemption of the same, and for other purposes.
Also, an act to regulate the publication of the registered voters of the city of Augusta.
Also, an act to amend an act entitled an act to authorize the City Council of Augusta to create a Board of Health for said city.
Also, an act to require the Mayor of the city of Augusta to discharge the duties of Recorder of said city; to limit the salary of said Mayor, and for other purposes.

\V"EDNESDAY, AUGUST 20, 1879.

1173

Also, an act to authorize the Comptroller-General to administer oaths.
Also, an act to amend an act entitled an act to provide that the Treasurer of Richmond county shall be allowed a salary, and to fix the amount thereof, approved February 20, 1876.
Also, an act to amend an act approved February 28, 1874, entitled an act to establish a new charter for the city of Atlanta, and for other purposes.
Also, an act to prescribe the manner, terms, and specifications for letting the public printing to the lowest bidder, in accordance with article 7, section 17, paragraph 1, of the Constitution.
W. W. 1'AINE, Chairman. The Speaker then announced the following committees, to. wit : Committee to investigate 1he office and official conduct of the Public Printer: Messrs. Harrison, McCurry, Awtry, Redwine, \Villiams, J. F., Greene of Madison, aud Hogan. Committee to investigate the expenditures in the Geological Department. Messrs. Irvine, Rankin, Cook, Oliver, and Rowell of Lowndes. Leave of absence was granted to Mr. Gammage on account of business, and to Mr. Toole and Mr. Lamb on account of sickness in their families.
The Rouse then adjourned till 9 A. M. to morrow.

1174

J"ouRNAL OF THE HOUSE.

ATLANTA, GEORGIA,

Thursday, August 21, 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 the following members answered to their names :

Those present were Messrs.-

Adams,

Hammond,

Anderson of Morgan, Hamilton,

Anderson of Newton, Hanks,

Anderson of Pulaski, Harrell,

Awtry,

Harp,

Barksdale,

Harris,

Bell,

Henderson,

Bennett,

Hill,

Berry,

Hogan,

Bird,

Hollis,

Bleckley,

Howell of Lowndes,

Born,

Howell of Pickens,

Branch,

Hudson,

Brintle,

Hulsey,

Buchan,

Humber,

Burch of Laurens,

Hutchins,

Burch of Towns,:

Irvine,

Butt,

Ivey,

Cannon,

Janes,

Carr,

Johnson of Clay,

Chambers,

Johnson of Johnson,

Chapman,

Jordan of Crawford,

Clegg,

Jordan of Wilkes,

Colley,

Kendrick,

Collins,

Kimsey.

Cook,

King,

Cox of Harris,

Kirby,

Cax of Troup,

Lamb,

Crawford,

Livingston,

Cunningham,

Luffman,

Danitl,

Mathews.

Davis of Baker,

Maund,

Davis of Houston,

McAfee,

Davison,

McConnell,

DeLoach,

McCurry,

Dickin,

McDonald,

Dozier.

McGouirck,

DuBose,

McLucas,

Phillips of Canoll, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sheffield of Miller, Sibley, Sikes, Sims, Smith of Butts, Smith of Oglethorpe, Smith of Walton; Strickland, Strother, Taliaferro, Tarver, Tate, Tatuin, Thomas, Toole, Turner of Brooks, Turner of Coweta,

THURSDAY, AUGUST 21, 1879.

1175

Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Fort, Fuller, Gammage, Garrard, Grant, Gray, Glover, Greene of Baldwin, Greene of Madison,
Hall,

McRae, McWhorter, Miller of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Perkins,

Walters, Walton, Weehunt, Welch, Westbrook, Wheeler, Wilcox, Williams of Columbia, Williams, C. W.
Williams F. J.
Willingham, Wilmot Wilson, Wright. Yancey, Zellner.

Those absent were :Messrs.-

Barron, Brantley, Butler, Ford,
Present, 163.
Absent, 10.

Harrison, Lang, Poppell,

Prescott, Vic I<, Wall,

Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and confirmed.On motion of :Mr. Hanks the following House bill was taken up, and the SenatA amendments concurred in, to-wit: A bill to" alter and amend section 2970 of the Code of 1873, and for other purposes. The action of the House was ordered at once transmitted to the Senate. Mr. Paine, chairman of the Committee on Enrollment, submitted the following report :

Mr. Speaker:

The Committee on Enrollment report as duly enrolled, and rPady for the signature of the Speaker of the House of Representatives, the :following resolution, towit:

1176

JotTRNAL OF 1'HE HousE.

A resolution-
To present the names of Crawford l'V. Long, the discoverer of anresthesia, and James Oglethorpe, the historic founder of the Commonwealth, to tht-' Art Gallery established by Congress, to represent Georgia.
w. vV. PAiNE, Chairman.
The following message .~as received from the Senate, through Mr. Harris, Secretary thereof:
Mr. Speaker:
The Senate has passed the fo1lowwg House bills, towit:
A bill to authorize the Board of Education of Whitfield connty to order the payment of $103 of the school fund to the School Commissioners.
Also, a bill to revise the jury-box in the county of Harris.
Also, a bill to confirm an ordinance of the City Council of Augusta to create a sinking fund.
Also, a bill to prevent thfl grazing of diseased cattle into places other than those where the cattle are disease.d, and to fix a penalty for the same.
The consideration of the bill to lease or sell the Macon and Brunswick Hailroad, was resumed.
Mr. Polbill proposed to amend by adding a provision prohibiting the lessees of any other railroad from owning or controlling au interest in said lease.
Lost. Mr. Cox, of Troup, offered the following amendment, which was adopted, to-wit: Strike out the word "so" in the 7th line, lOth section, after the word "time," and the word "or" after the word "railroad" in the 8th line, and insert the words "as to" before the words "in any way" in the 8th line, and insert the words ''or management" after the word "tariffs'' in the 9th line.

'fHURSDAY, AUGUST 21, 1879.

1177

Mr. Nesbit proposed to amend the 13th section by adding after the words "bonds of Georgia" the words "or currency of the United States."
Lost. Mr. Livingston proposed to amend by striking out $1,125,000 and insert 61,124,000 in the 13th section. Withdrawn. Mr. MeWhorter moved to amend by striking out all of the 13th section providing for a sale of the road. Lost.
M. Barksdale proposed to amend by striking out all in the 9th line, 13th section, after the word " shall " to the word "have," in the lOth line.
'fhe House went into Committee of the Whole House for the consideration of the 14th section of the bill.
Mr. Turner, of Coweta, chairman of the Committee of the vVhole House, submitted the following report:
Mr. Speaker :
The Committee of the vVhole House have had under consideration the 14th section of the bill to provide for the lease or sale of the Macon and Brunswick Railroad, and they have instructed me to report the bill back with a recommendation that the section, as amended, be adopted.
The report of the committee was disagreed to. On motion of }fr. Miller, of Houston, the 14th section was stricken from the bill. Mr. Anderson offered the following amendment to the 11th section, which was read and adopted, to-wit: Add after Georgia, in the 4th line, " it shall not be competent for the Governor to appoint any person such Commissioner who is the owner of any stock or bond in any line of railroad in Georgia competing with the Macon and Brunswick Railroad, who may be directly or indirectly in the employment of such cJmpeting line.
75

11'78

Joun.NAL o~ THE HousE.

Mr. Adams proposed as section 14 the following: Provided, That this act shall not go into effect for sixty days, and that during that time the Governor shall use his best efforts to sell the road, and shall sell it, provided he can get for it $1,250,000, to be paid in the recognized bonds of the State of Georgia, and should the Governor be able to sell said road at this or a higher price, then this act shall not go into effect. On the question of the adoption of this amendment, 1fr Adams 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,
Bell, Berry, Cook, Daniel, Davis of Baker,
Hall, Hammond, Irvine,

Janes, McCurry, McDonald, Mc\Vhorter, Miller of Liberty, Paine, Paull, Phillips of Cobb, Phinizy, Pike,

Polhi!l, Reese, Russell; Strother, Tarver, Tatum, Turner of Brooks, Turner of Coweta, \Val ton, Yancey,

Those voting in the negative are Messrs.-

Anderson of Newton, Anderson of Pulaski,
Awtry, Barksdale, Bennett, Bird, Bl<!ckley, Born, Branch, Brintle, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Carr, Chapman, Cox of Harris, Crawford, Cunningham, Davis of Houston,

Greene of Madison, Hamilton, Hanks, Harrell, Harp, Harris, Hill, Hogan, Howell of Lowndes, Howell of Pickens, Hulsey, Humber, Hutchins,
lvey, Johnstn of Johnson, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, Kirby, Lamb,

Oliver, P2tterson, Peacock, Phillips of Carroll, Phillips of Coffee, Pope, Puckett, Rankin, Redwine, Riden, Roach, Roberts, Shannon, Sharman, Sheffield of Early, Sheffield of Miller, Sikes, Sims,
Smith of Butl, t:!mith of Oglethorpe, Smith of Walton,

TIIU.RIJJDAY, AUGUST 21, 1879.

1179

Davison,

Livingston,

DeLoach,

Mathews.

Dickin,

Maund,

DuBose,

MeMee.,

Duggar.

McOonnell,

Duvall,

'McGouric:k,

Elder

l\1cLucas,

Fame\1,

McRae,

J'iuprald,

Miller of Houston,

Fort,

Mitchell,

Fuller,

Mynatt,

Grant,

Nisbet,

Glover,

l!ifar.hem,

Green of :Baldwin,

Thllse not voting are .Mesl!'a.-

Barron,
Brantley,
Buchan,
Chambers, Cleg, Colley,
Collins, Cox of Troup. Dozier, Dupree,
Fletcher,
Ford, Gammage, Gramrd,

Grar, Hamson, Henderson, Hollis,
Hudson,
Jo.hnson of Clay, l{mg,
Lang, LufFman, Milner,
Park~
Perkins. Poppell,

Yeas SO. Nays 103. Not voting 40.

Strickland, Taliaferro, Tate, Toole, Welch, Westbrook, Wheeler,
Williams, F. J.
Willingham,
WwUilsmoont;
Wright. Zellner.
Prescott, Rogers,
R<me)",
Scruggs, Sibley, Thomas, Vick, Wall, Walters,
Weebunt,
Wilcox, Willia11111 of Columbia, Willia111111 C. W.

So the amendment was not adopted. Mr. Rankin oalled for the previous question. The call was sustained, and the main question ordered on the passage of the bill.
Mr. McWhorter called for the yeas and nays. The call was 5Ustained, and on calling the roll, the vote was as follows :

Those voting in the affirmative are Messrs.-

Anderson of Newton, Anderson of Pulaski,
AJ3watrr~yale, Bem:xett,

Gray, Glover,
Greene of Baldwin, Greene of Madison,
Hamilton,

Miller of Liberty, 1\iitchell, Mynatt, Nisbet,
l\orihern,

1180

JOURNAL OF TH..I!l HoUsE.

Bleckley, Born,
Branch, Brintle, Buchan, Burch of Laurens,
Burch of Towns,
Butler, Butt,
Cannon,
Carr, Chambers
Colley, Collins, Cox of Harris,
Cox of Troup,
Crawford, Cunningham,
Davis of Baker, Davis of Houston,
navison,
DeLoach, Dickin,
DuBose,
Duggar, Dupree, Duvall,
Elder, Farnell,
Fitzgerald,
Fort, Fuller,
Garrard, Grant,

Hanks, Harrell, Harp,
Harris, Henderson,
Hill, Hogan,
Howell of LowndeR, Howell of Pickens, Hudson,
Hulsey, Humber,
Hutchins,
Ivey, Janes, Johnson of Clay,
Johnson of Johnson,
Jordan of Crawford, Jordan of WilkeR,
Kendrick,
Kimsey, King,
Kirby, Lamb,
Livingston, Mathews,
Maund, :McAfee,
McConnell, )fcCurry,
McGourick,
McLucas, McRae,
Miller of Houston,

Oliver, Patterson, Paull,
Peacock, Phillip~ of Carroll, Phillips of Coffee,
Pope, Puckett, Rankin,
Redwine,
Riden, Roach,
Roberts, Shannon,
Sharman,
Sheffield of Early,
Sheffield of Miller, Sikes,
Smith of ButtK, Smith of O~~:lethorpe, Smith of Walton
Taliaferro, Tate,
Toole, "Walters,
Welch,
Westbrook, Wheeler,
Williams of Columbia,
Williams, C. W., Willingham, Wilmot.
Wilson,
Wright,

Those voting in the negative are Messrs.-

Adams,
Anennd,erson of Morgan,
Berry, Chapman,
Cook, Daniel,
Irvine, }!cDonald,

McWhorter, Milner, Paine.
Phillips of Cobb, Phinizy, Pike, Pol hill, Reese, Russell,

Sims, Strickland, Strother, Tarver, Tatum,
Turner of Coweta,
'Valton,
Williams, F. J.

Those not voting are Messrs.-

Barron, Bird, Brantley, Clegg, Dozier, Fletcher

Harrison,
Hollis, Lang, Lufiinan, Park,
Perkins,

Scruggs,
Sibley,
Turner of Brooks, Thomas, Vick,
Wall,

THURSDAY, AUG-UST 21, 1879.

1181

Ford, Gammage,
Hall, Hammond,

Poppell, Prescott, Rogers, Roney,

Weehunt. Wilcox, Yancey.
Zellner.

Yeas 117. Nays 26. Not voting, 30. Mr. Hall paired with Mr. Gammage. Mr. Hall would have voted "no," and Mr. Gammage'' yes.'' So the bill was passed by the requisite constitutional majority. The following message was received from the S!mate, through Mr. Harris, Secretary thereof:

Mr. Speaker:
I am instructed to inform the House forthwith that the Senate having organized as the High Court of Impeachment, is now ready to receive the Managers for the purpose of proceeding upon the tnal of the impeachment of Washington L. Goldsmith, ComptrollerGeneral.
1\fr. Hutchins, chairman of the Committee on Finance, submitted the follGwing report :

Mr. Speaker:

The Committee on Finance have had under consideration the following local and special bills, which they recommend do not pass, to-wit:
A bill to be entitled an act to amend an act entitled an act to fix compensation for jurors for the county of Burke, approved February 10, 1876, so that the said act shall embrace the county of Lee.
Also, the following, which they recommend that the introducer be allowPd to withdraw, to-wit:
A bill to be entitled an act to authorize and require the Treasurer of the State of G~orgia to pay to the

1182

JOURNAL OF THE HOUSE.

Board of Education of Glynn county a sum equivalent to the quota of school tax for the county of Glynn for the year 1876.
Also, a bill for the relief of E. V. Johnson, of Bartow county, and for other purposes.
Also, a bill to be entitled an act authorizing the issue of bonds by cities for the redemption of bonds now outstanding, and to secure the payment of the same.
Proper notices of intention to apply for the passage of said local and special bills have been published, as required by law.
The committee have also had under consideration the following resolutions, which they recommend do not pass, to-wit :
A resolution for the relief of R. M. Willis, Tax-Collector of Elb~rt county for the year 1872.
Also, a resolution to refund to Silas Crosby, Sheriff of Appling county, certain fees for advertising the sale ofland under the wil~ land taxji.fas.
The committee return a petition from the citizens of Clarke, Oconee, Jackson, and other counties, asking that Culp and Burch be paid for the capture of Charles Kelly,. an escaped convict, and recommend that the prayer of petitioners be not granted.
Respectfully submitted. N. L. HuTCHINS, Chairman.
On motion of 1\fr. "\Vright, the following bill was taken up and the Senate amendments concurred in, towit:
A bill to create a Board of Police Commissioners for the city of Augusta, in this State; to define its powers and duties, and for other purposes.
Mr. Yancey moved to suspend the rules to take up a Senate bill.
No quorum voting, Mr. Yancey demanded a call of , the House.

THURSDAY, AUGUBT 21, 1879.

1183

Mr. DuBose moved to adjourn till 3:30 P. ::~r. The motion to adjourn prevailed, and the House ad journed till 3:30 P. ::11. to day.

3:30 O'cLocK P. ::1r.
The House reassembled, and was called to order by the Speaker.
Mr. Cox, of Harris, moved to adjourn till 9 A.M. tomorrow.
No quorum voting, Mr. Wright demanded a call of the roll of the House.
On calling the roll a quorum was found to be present.
'fhe House then adjourned till 9 A. l\L to-morrow

ATLANTA, GEORGIA,

Friday, August :22, 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, the following members answering to their names:

Those present were Messrs.-

Adams, Anderson of Morgan, Anderson of Pulaski, Barksdale, Barron, Bell, Bennett, Berry,

Hammond, Hamilton, HankP, Harrell, Harp, Harris, Henderson,
Hill,

Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Prescott, Puckett,

1184

JOURNAL OF THE HOUSE.

Bird, Bleckley, Born, Branch, Brintle, Buchan, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Colley, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, Daniel, Dttvis of Houston, Davison, DeLoach, Dickiu, DuBose, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fort, Fuller, Garrard, Grant, Gray, Glover, Greene of Baldwin, Greene of Madison, Hall,

Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Kirby, Livingston, Mathews, McAfee. McConnell, McCurry, :McDonald, :i\IcGouirck, McLucas, l\IcRae, l\IcWhorter Miller of Houston, Miller of Liberty, 1\Iilner, Mynatt, Nisbet, Northern, Oliver, Paine, Patterson, Paull, Peacock, Perkins, Phillips of Carroll,

Those absent were Messrs.-

Anderson of :Newton, Awtry, Brantley, Collins, Davis of Baker, Dozier, Fletcher, Ford,
Present 149.
Absent24.

Gammage, Harrison, Lamb, Lang, Luffman, Maund, Mitchell, Park,

Rankin, Redwine, Reese, Riden, Roach,
Robert.~,
Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Miller, Sikes, Sims, Smith of Butt~, Smith of Oglethorpe, Smith of Walton, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Turner of Brook~, Turner of Coweta walters, \Valton, welch, \Vestbrook, \V'heeler, \Vilcox, Williams of Columbia, \Villiams, C. W. Williams, F. J. Willingham, \Vilmot, wilson, Wright, Yancey, Zellner.
Poppell, Sheffield of Early, Sibley, Strickland, Toole, Vick, Wall. \Veehunt,

FRIDAY, AUGUST 22, 1879.

1185

Mr. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and confirmed.

Mr. Pike moved to reconsider so much of the Journal as relates to the action of the House upon the bill for the lease or sale of the :Macon and Brunswick Railroad.

On motion of Mr. McCurry the motion to reconsider was laid on the table.

The committeeot arrangements, through Mr. Yancey, chairman, offered the following resolution, which was read and agreed to, to-wit:
A resolution-
Inviting the Mayor and Aldermen of Athens, and certain other citizens of that place and certain citizens of the town of Jefferson, with ladies accompanying them, to seats on the floor during the presentation of
the pictme of Dr. Crawford vV. Long.

Mr. Hamilton moved to take up the following resolution, to-wit:
A resolution-
To pay to Ron. R. A. Alston's family, and the representatives of Hons. S. Y. Jamison and J. M. Brannan, the balance due them as members of this House for their per diem.

The resolution was taken up and read.
On the question of the adoption of the resolution, Mr. Humber called for the yeas and nays.
The call was sustained, and on calling the roll the vote was as follows :

1186

JoURNAL OF THE HOUSE.

Those voting in the affirmative are Messrs

Adams, Anderson of Morgan, Ar!::lerson of Pulaski, Awtry, Barksdale, Bell, Bennett, Berry, Bleckley, Born, Branch,j Brintle, Buchan,
Burch of Laurens, Buch of fownR,
Butler, Carr, Chambers, Chapman,: Colley, Cox of Harris. Cox of Troup, Crawford, Cunningham, Daniel, Davis of Hou~ton, DeLoach, Duvall. Elder, Fort, Garrard Gray, Janes,

Johnson of Clay, Glover, Greene of Baldwin, Greene of Madison, Hall, Hamilton, Hanks, Harris, Henderson, Hill, Hollis, Hudson, Hulsey, Hutchins, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Kirby, Livingston, Mathews, McAfee,
~feRae,
Miller of Houston, Miller of Liberty, :Milner, Mynatt, ~is bet, Northern, Paine, Patterson,

Philips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Puckett, Rankin,
Reese, Roach, Rogers, Roney,, Russell, Shannon, Sheffied of Miller, Sims, Smith of Rutt~, Smith of Oglethorpe, Smith of Walton, Strother, Taliaferro, Tarver, Tatum, Thomas, Turner of Brook~, walton,
Westbrook, Williams of Columbia, "Williams, F. J . ..Willingham, wilson,
Wright, Zellner.

Those voting in the negative are Messrs.--

Bird, Butt, Cannon,' Davison, DuBose, Duggar, Dupree, Farnell,
l<itz~eralc:J.
Fuller, Grant, Harp, Hogan,

Howell of Lowndes, Howell of Pickens, Humber, Irvine, Ivey, McConnell, McCurry, :McDonald, McGouirck, :McLucas, Oliver, Paull, Phillips of Carroll,

Redwine, Riden, Roberts,
S~arman,
Suces, Tate, Turner of Coweta, welch, wheeler,
Williams, C. W. Wilmot, Yancey.

Tho!';'3 not voting are MeJsrs.-

Anders01: of Newton, Harrell,

Barron,

Harris0n,

Brantley,

Lamb,

Poppell, Prescott, Scrugg,

FRIDAY, AUGUST 22, 1879.

1187

Clegg,
Collins, Cook, Davis of Baker, Diekin, Dozier, Fletcher, Ford, Gammage,
Hammond,

Lang,'
Luffman, 1\Iaund, l\Ic \Vhorter,
:M:itchell, Park, Peacock, Perkins Pope, '

Sheffied of Early, Sibley, Strickland, Toole, Vick, Wall,
Walters, \Veehunt, Wilcox,

Yeas 98. Nays 38. Not voting 37.

So the resolution was agreed to.

Mr. Polhill moved to suspend the rules for the purpose of taking up and having read the second time House bill No. 671.
The motion ~vailed, and the following bill was read the second time, to-wit:
A bill to carry into effect paragraph 18, section 1, article 5 of the Constitution, which declares that the General Assembly shall have authority to provide by law for the suspension of either the Treasurer or Comptroller-General of the State.
Mr. Yancey movPd to take up the following bill, and adopt the report of the conference committee, to-wit:
A bill to carry into effect paragraph 18, section 7, article 3 of the Constitution, and to prescribe the manner in which private corporations may be chartered.
The report of the committee of conference was adopted, and the substitute, as amended, concurred in.
On motion of Mr. Northern, the rules were suspended and the following bill read the second time, to-wit:
A bill to encourage the culture of fish in the natural and artificial -ponds and streams on the lands of David Dickson, of Hancock county, lying in the county of Hancock or vVashington, or both, and on the lands of Samuel C. Nicholson, lying in the county of Dodge, in this State, and for other purposes.

118~j

JoURNAL OF THE HOUSE.

On motion of Mr. Bird, the folbwing bill was referred to the Committee on Education, to wit:
A bill to divert the unexpended part of the fund known as the OhoopPe River Fund, a fund provided for opening up the Ohoopee River, in the county ofTatnall, to educational purposes in said county.
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 bill, which they recommend do pass, to-wit:
A bill to be entitled an act to amend an act entitled an act to prohibit the killing of partridges, wild turkeys and deer at certain seasons in the counties of Lowndes, Thomas and Putnam, in this State, approved February 28, 1876, so far as the same relab~s to the county ofThomas,and to prohibit the destruction ofnests of partridges and wild turkeys, and to make the proof of the possession of any of the game protected by said act prima facia evidence of guilt.
The committee find that the proper notices required by law have been given of attention to apply for the passage of this bill.
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 amend an act entitled an act to incorporate the town of Thomasville, in this State ; to grant certain privileges to the same, and to define its limits, approved March 3, 1874.
TLe committee find that the proper notices, required by law, have been given of intention to apply for the passage of this bill.
The committee have also had under consideration

FRIDAY, AUGUST 22, 1879.

1189

the following bills, which they recommend do pass, by substitute, to-wit:
A bill to be entitled an act to authorize the Judges of the Superior Courts of this State, and such Judges of City Courts as are 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.
A bill to be entitled an act to establish a County Court in each county in this State.

The committee have also had under consideration the following bill, wilich they report back with the recommendation that the introducer be allowed to withdraw it, to-wit:
A bill to be entitled an act to amend an act entitled an act to authorize and require the registration of the voters in the county of Camden, in this State, and for other purposes, approved February 26, 1877.

The committee find that the proper notices required by law have not been given of intention to apply for the passage of this biil.

The com:nittee have also had under consideration the following bills, which they recommend do not pass, to-w1t:
A bill to be entitled an act to amend section 1455 of the Revised Code of 1873, last line of said section, by striking out the word "two," and inserting the word "one," so as that elections on fence or no fence may be held annually, if desired.
Also, a bill to be entitled an act to repeal an act entitled an act to fix the fees and per diem of jurors and Bailiffs in attendance upon the Superior Court for the county of Upson, approved February 13, 1877.
The committee find that the proper notices required

1190

JOURNAL OF THE HouSE.

by law have not been given of intention to apply for the passage of the last bill.
Respectfully submitted. H. G. TURNER, Chairman.

Mr. Paine, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker :
The Committ;;,e on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, President of the Senate, and delivered to the Governor the following acts, to-wit:
An act for the relief of Richard H. Leonard, Ordinary of the county of Talbot, and for other purposes.
Also, an act, to fix the fees of Justices of the Peace and Notaries Public, who are ex-ojficio Justices of the Peace and Constables in appeal cases.
Also, an act to prevent the forfeiture of recognizances in criminal cases, except where the prosecuting officer is ready for trial.
Also, an act to authorize the Ordinary of Jackson county to issue County Bonds to build a Court-House in said county, and to provide for the redemption of the same.
Also, an act to regulate the publication of registered voters of the city of Augusta.
Also, an act to amend an act entitled an act to authorize the City Council of Augusta to create a Board of Health for said city.
Also, an act to require the Mayor of the city of Augusta to discharge the duties of Recorder of said city, to limit the salary of said Mayor, and for other pur poses.
Also, an act to authorize the Comptroller-General to administer oaths.
Also, an act to amend an act entitled an act to pro-

FRIDAY,- AUGUST 22, 1879.

1191

vide that the Treasurer of Richmond county shall be allowed a salary, and to fix the amount thereof, approved February 20, 1878.
Also, an act to prescribe the manner, terms and specifications for letting the public printing to the lowest bidder, in accordance with article 7, section 17, paragraph 1 of the Constitution..
Also, an act to amend an act, approved February 28, 1874, entitled an act to establish a new charter for the city of Atlanta, and for other purposes.
Also, a resolution to present the names of Crawford W. Long and James Oglethorpe to the Art Gallery, established by Congress, to represPnt Georgia.
'V. ,V. PAINE, Chairman.

Mr. 'Vright, from the Committee on Railroads, sub mitted the following report :
Mr. Speaker :
The Committee on Railroads have had under consideration the following bill, which they instruct me to report to the Honse, with the recommendation that the same be referred to the Committee on Corporations, to-wit:
A bill to be entitled an act to re-enact an act to incorporate the Norcross and Dahlonega Railroad Company, and to substitute others as corporators.
Respectfully submitted. H. G. vVRIGHT, 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, which they recommend do pass, to-wit:
Also, a bill to be entitled an act to repeal an act en-

1192

JouRNAL OF THE HousE.

titled an act to change and regulate the school system

in the counties of \:Vare, Echols, Lowndes, Berrien,

Charlton, Dodge, and Clinch, in certain particulars,

approved February 15, 1877, so far as applicable to

Dodge county.

vY. J. NoRTHERN, 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 pass, to-wit :
A bill to be entitled an act to amend section 611 of the Code of1873, which reads as follows : The same road hands shall not be compelled to work on more than one public road, which must come within three miles of their residence, except in opening a new road, when all the road hands of the road district are subject to work upon it.
Also, a bill to be entitled an act to extend the provisions of an ad to relieve J. \V. Grubbs, A. G. Inman, S. J. Bell, and L. D. Matthews, securities on the bond of R. Columbus \Vimberly, Tax-Collector of Burke county, in the year 1874, approved February 28, 1876, so as to afford L. D. Matthews, the only remaining solvent security on said bond, further time to have all the payments which he claims have been made since the -passage of said act on said bond fully and fairly credited, and for other purposes.
The committee find that the proper notices required by law have been given of intention to apply for the passagR of the last bill above.
The committee have also had under consideration the following bill, which they recommend do pass, as amended, to- wit :

FRIDAY, AUGUST 22, 1879.

1193

A bill to be entitled an act to authorize the Mayor a.nd City Council of Athens to use the money paid by the Southern Mutual Insurance Company, of Athens, Georgia, as taxes on gross premiums for the year 1879, for the purpose of building cisterns in the city of
Athens.
The committee find that the proper notices required by law have been given of intention to apply for the passage of this bill.
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 the law of the foreclosure of mortgages on personal property, as recited in part the third, chapter the seeond, article the first, in the second edition of the Revised Code.
Also, a bill to be entitled an act to declare it illegal for the Judge of any City Court in this State to hold the office of corporation counsel, or any other municipal office or appointment in the city in which his said court is held.
Also, a bill to be entitled an act to change the county site of Wilcox county from Abbeville to lot of land No. 135, in 1st District, of 'Vilcox county ; to review the act of 1H57 creating a new county called Wilcox ; to carry out the true meaning and intents of sai1 act, and for other purposes.
The committee find that the proper notices required by law have been given of intention to apply for the passage of the last bill.
The committee have also had under consideration the following bill, which they report back with the recommendation that the introducer be allowed to withdraw it, to-wit:
A bill to be entitled an act to carry into effect article 9, section 1, paragraph 1 of the Constitution of 1877.
76

1194

JouRNAL oF THE HousE.

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 compel all persons entitled to vote for President and Vice-President of the United States, for Governor, members of Congress, members of the Legislature and all county officers ; to vote at their own district or precinct elections, and at no other place.
Also, a bill to be entitled an act to rPgulate the granting of licenses to retail spirituous liquors in the State of Georgia.
Also, a bill to be entitled an act to provide for the changing of private ways in certain cases.
Respectfully submitted. H. G. TuRNER, Chairman.
Mr. Smith, of Oglethorpe, chairman of the Committee on Internal Improvements, submitted the following report: Mr. Speaker:
The Committee on Internal Improvements have considered the following bills, to-wit:
A bill to regulate the tax on ten-pin alleys, and for other purpose therein mentioned, which they recommend do not pass, and that the author be allowed to nraw the game.
Also, a bill to be entitled an act to authorize J. B. Watson'to erect gates on the public road leading from Aderhold's Ferry to the Cambellton road, in the county of Douglas, in the State of Georgia, which they recommend do not pass.
They have also considered A resolutionIn reference to the opening of Chattahoochee River, and recommend its adoption. All of which is respectfully submitted.
J.a.:UES l\f. SlliTH, Chairman.

FRIDAY, .AUGUST 22, 1879.

1195

The s-pecial order, the bill known as the general railroad bill for the regulation of freight and passenger tariffs, was then taken up.
Mr. Wright moved to make the bill the special order for to-day at 3:30 P. ).[.
Lost. Mr. Me\V"horter then moved that the bill be made the special order for to-morrow, immediately after the reading of the Journal. The regular order was suspended, and the Senate came in and the -portrait of Dr. Crawford W. Long was duly presented by Hon. John B. Gordon, and received by Hon. B. C. Yancey on behalf of the General ..Assem-
bly.
Mr. Paine, chairman of the Committee on Enrollment, report as duly enrolled and ready for the signature of the Speaker of the House of Representatives, an act to revise the jury box in the county of Harris, and for other purposes.
The calling of the roll of counties was taken up, commencing with the county of Worth.
By a vote of two-thirds, yeas 92, nays none, the following bill was introduced, read the first time, andreerred to the Committee on Corporations, to-wit:
By Mr. PeacockA. bill to provide for the compensation of the Ordinary of vVashington county for services rendered by him without compensation, which were formerly performed by the Commissioners of said county. By a vote of two thirds, yeas 95, nays none, the following bill was introduced, read the the first time, and referred to the Committee on the Judiciary : By Mr. PattersonA bill regulating the license for the sale of spirituous, intoxicating or malt liquors in the county of Pierce and town of Blackshear.

1196

JouRNAL OF THE H,..-JSE.

The following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to-wit:
By Mr. CunninghamA bill to change and fix the time of holding the spring term of the Superior Court in the county of Milton, and for other purposes. By Mr. MynattA bill to amend section 3540 of the Revised Code. By a two-thirds vote, yeas 101, nays none, the following bill was introduced, read the first time, andreferred to the Committee on the Judiciary, to-wit: By :Mr. Riden-
.A bill to amend section 145J, and to amend the sections of the Code relating to a stock law so far as Forsyth county is concerned, and for other purposes.

Mr. Buchan asked lt&.ve to introduce and refer to the Coru mittee on Local and Special Bills, with authority to consider and report thereon, the following bill, to-wit:
A bill to repeal an act approved February 27, 1877, to create a County Court in each of the counties of the State, except certain counties therein named, approved January 19, 1872, so far as the same relates t'o the county of Dodge, and to abolish the County Court of Dodge county.
On a division, the yeas were 92, nays none; so the bill was referred by the necessary two-thirds vote.

The following bill was introduced, read the first time and referred to the Committee on the Judiciary, to-
wit: By Mr. OliverA bill to provide for the prohibition of the sale of
spirituous, malt or vinous liquors in the different counties of this State, and to provide for the punishment therefOl', and for other purposes.

FRIDAY, AUGUST 22, 1879.

1197

The following bill was introduced, read the first time and referred to the Committee on Finance, to-wit:
B.v l\Ir. 'VestbrookA bill to require the Judges of the Superior Court to give in charge to the Grand Jury in each county, wqere a convict camp is located, all the laws respecting the inspection, management and control of the convicts of the State; to authori.ze the Grand Jury to appoint a Commission of the members of its own body, and for other purposes, and to prescribe the duties of said Commission and the Grand Jury, etc.
On motion of Mr. Humber, the rules were suspendP.d and the following bill taken up, to-wit:
A bill to exempt from jury duty certain persons therein named.
On motion, the House insisted on its disagreement to the Senate amendment, and consented to a committee on conference.
On motion of :Nir. Hall, the following bill was taken up~ to-wit:
A bill to repeal sections 4387 and 4388 of the Code. The Honse insisted on its disagreement to the Senate amendments, and consented to a committee of conference.
On motion of Mr. Hutchins, the rules were suspended, and the following resolution amended. and agreed to as amended, to-wit:
A resolution-
Authorizing the State Treasurer to pay interest on certain bonds.
Leave of absence was granted to Messrs. Sheffield of Early, King, Pucket, Pope, Park, Cunningham, Smith of Oglethorpe, Awtry, Cook, Maund, and Mit(jhell, on account of business; to Messrs. vVeehunt, Fitzgerald, and Thomas, on account of sickness.

1198

JOURNAL OF THE HOUSE.

Mr. King moved that all leaves of absence granted to-day, except for sickness, be revoked.
On this question Mr Livingston called for the yeas and nayes_
The call was sustained, and on calling the roll the vote was as follows :

Those voting in the affirmative are Messrs.-

Awtry, Butler, Butt, Cox of Troup, Davison, Farnell, Garrard,
(}rant,
Hanks, Harrell, Humber, Ivey,

Kimsey, King, Livingston, McDonald,
McGouirck, )filler of Liberty,
Milner, Oliver, Phillips of Carroll,
Phillips of Cobb, Reese, Roach,

Rogers, Sharman, Smith of Butts,
Strother, Tatum, Welch,
Westbrook,
'Vheeler, Williams, F. J. Wright, Yancey,

Those voting in the negative are Messrs.-

Adams,
Anderoon of Morgan, Barksdale,
Bell, Bennett.,
Berry, Bird,
Bleckley, Born, Branch,
Brintle, Buchan, Burch of Laurens, Bu~ch of Towns,
Cannon, Cr:>.mbers,
Chapman,
Cook, Cox of Harris, Crawford,
Cunningham,
Daniel, DeLoach Dickin,
DuBose, Duggar, Dupree, Duvall,
Elder, Fort,

Fuller, Greene of Baldwin,
Greene of Madison,
Hall, Hamilton, Harp, Harris,
Harrison,
Hill, Hollis, Howell of Pickens,
Hudson. Hutchins, Irvine, J a'les,
Johnson of Clay, Johnson of .Tohnson,
Jordan of Cra-ivford, Kendrick, Kirby,' :Mathews, .McAfee,
l\Icf'..onnell, McCurry, McLucas, 1\IcWhorter,
Miller of Houston, Mynatt, Nisbet, Northern,

Paine,
Patterson, Paull, Peacock,
Perkins, Phillips of Coffee,
Phinizy, Puckett,
Rankin, Redwine, Riden,
Roberts, Roney,
Russell, Shannon, Sheffield of Miller, Sike3,
Sims; Smith of O,g-lethorpe,
Smith of 'Valton, Tal'aferro,
Tarver,
Tate, Turner of Brooks, Turner of Coweta, walton,
Williams, C. W. Willingham.
Wilmot, Zellner.

FRIDAY, .AUGUST 22, 18';9.

1199

Those not voting are Messrs.-

Anderson of Newton, Anderson of Pulaski,
Barron, Brantley, Carr, Clegg, Colley,
Collin~,
Davis of Baker, Davis of Houston, Dozier, Fitzgerald, Fletcher,
Ford, Gammage,
Gray,~

Glover, Hr.mmond, Henderson, Hogan, Howell of Lowndes, Hulsey, Jordan of 'Vilkes,
Lamb,
Lang, Luffman,
Maund,
McRae, Mitchell,
Park, Pike,
Pol hill,

Pope, Poppell,
Pre~cott,
Scruggs, Sheffield of Early, Sibley, Strickland,
Thomas,
Toole, Vick,
vVall, vValters,
Weebunt,
'Vilcox, Williams of Columbia,
Wilson,

Yeas 35. Nays 90. Not voting 48.

So the motion was lost. Leave of absence was granted to Messrs. Taliaferro, Clegg, and Burch of Laurens, on account of sickness, and to Mr. Strickland on account of business. On motion the House then adjourned till 9 A. 111. tomorrow.

1200

JOURNAL OF THE HoUSE.

ATLANTA, GEORGIA,

Saturday, August 23, 1879.

The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by l\fr. Taliaferro.

'rhe roll was called and the following members answered to their names :

Those present were Messrs.-

Adams, Anderson of Newton, Anderson of Pulaski, Awtry, Barksdale, Bell, Bennett, Berry, Bird, Bleckley, Born, Branch, Brantley, Brintle, Buchan, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Carr, Chambers, Chapman, Colley, Collins, Cook, Cox of Harris, Cex of Troup, Crawford, Cunningham, Danit!, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, DuBose, Duggar,

Hammond, Hamilton, Hanks, Harrell, Harp, Harris, HenderS<m, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey,
Janes, johnson of Clay,
Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Livingston, Mathews. Maund, McAfee, McConnell, McCurry, McDonald, McGouirck, McLucas,

Phillips of CanolJ, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Poppell, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sheffield of Miller, Sibley, Sikes, Sims, Smith of Butts, Smith of Walton, Strickland, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Turner of Brooks, Turner of Coweta, Vick:,
'Valters,

SATURDAY, AUGUST 23, 1879.

1201

Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Fort, Fuller, Gammage, Garrard, Grant, Gray, Glover, Greene of Ba,dwin, Greene of Madison,
Hall,

McRae, McWhorter, Miller of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Perkins,

'Walton, Weehunt, Welch, vVestbrook, Wheeler, Wilcox, Williams of Columbia, Williams, C. W.
Williams. F. J,
Willingham, Wilmot Wilson, Wright. Yancey, Zellner.

Those absent were Messrs.-

Anderson of Morgan,
Barron, Clegg, Dozier,

Ford, Harrison, Luffman, Prescott,

Puckett, Smith of Oglethorpe, Toole, Wall,

Present, 161. Absent, 12.

Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and confirmed. Mr. Crawford rose to a question of personal privilege. Mr. Oliver moved to reconsider so much of the Journal of yesterday as relates to the action of the House upon a resolution to authorize the Treasurer to pay the per diem of deceased members. Mr. Daniel moved to lay the motion to reconsider on the table. Lost. Mr. Duggar called for the previous question. The call was sustained, and the main question ordered.

Mr. Riden called for the yeas and nays. The call was sustained, and on calling the roll the vote was as follows :

1202

JouRNAL oF THE HousE.

Those voting in the affirmative are Messrs.-

Awtry, Barksdale, Bell, Berry, Bird, Born, Burch of Laurens, Burch of Towns, Butt, Cannon, Chapman, Davison, DeLoach, Dickin, DuBose, Duggar, Dupree, Elder, Farnell, Fort,
Fuller,

Grant, Harrell, Harp, Henderson, Hogan, Howell of Lowndes, Howell of Pickens, Humber, Irvine, Johnson of Johnson, Jordan of Wilkes, Kendrick, McAfee, McConnell, McCurry, 1\fcGourick, McLucas, Mc\Vhorter, Ol'ver, Paull, Phillips of Carroll,

Phillips of Cobb, Phinizy, Redwine, Riden, Roach. Roberts, Scruggs, Shannon, Sharman, Sikes, Sims, Smith of Walton, Taliaferro, Tarver, Tate,
Turner of Coweta, welch,
Wheeler,
Williams, F. J. Yancey. Zellner.

Those voting in the negative are Messrs.-

Adams, Anderson of Newton, Anderson of Pulaski, Bennett, Bleckley, Branch, Brintle,
Buchan,
RP~ler,
Colley, Collins, Cook, Cox of Harris, Cox of Troup. Crawford, Cunningham, Daniel, Davis of Baker, Davis of Houston Duval!, Gar-rard, Gray, Green of Baldwin, Greene of Madison,

Hammond, Hamilton, Hanks,. Harris, Hill, Hollis, Hudson, Hulsey, Hutchins,
Janes, Johnson of Clay, Jordan of Crawford, Kirby, Livingston, Mathews, McRae, Miller of Houston, Miller of Liberty, Milner, Nisbet,
Nor~hern,
Paine, Patterson,

Peacock, Pekim, Phillips of Coffee, Pike, Polhill, Rankin, Rogers, Roney, Russell, Sheffield of Miller, Smith of Butts, Tatum, Turner of Brooks, Vick, Walters, walton,
\Vest brook, Williams of Columbia, Williams, C. W. Willingham, \Vilmo:, Wilson, Wright.

Those not voting are Messrs.-

Anderson of Morgan, Barron, Brantley,

Ivey, Kimsey, King,

Prescott, Puckett, Reese,

::5ATURDAY, AUGUF:T 23, 1879.

1203

Carr, Chambers, Clegg, Dozier, Fitzgerald, Fletcher, Ford, Gammage, Glover, Hall, Harrison,

Lamb, Lang, Luffman, :Maund, McDonald, Mitchell, Mynatt, Park, Pope, Poppell,

Yeas 63. Nays 70. Not voting 40.

Sheffield of Early, Sibley, 8mith of Oglethorpe, Strickland, Strother, Thomas, Toole, Wall, "\Veehunt, wilcox,

So the motion to reconsider dia not prevail.

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

M1. Speaker:

The Committee on Local and Special Bills have had under consideration a bill to be entitled' an act to repenl an act entitled an act to establish a County Court for the counties of Dougherty and Lee, approved August 24, 1872, so far as the same relates to the county of Lee, which they find incapable of being consolidated with any other bill or bills in their possession, and, therefore, report the same back to the House with the recommendation that it be read the first time and referred to an appropriate committee.
\Vllr. 1\L HAliiMll:t:OND, Chairman.

Mr. Mynatt, chairman of the Committee on Corporations, snbmited the following report:
Mr. Speaker:
The Committee on Corporations have had under consideration a bill to be entitled an act to repeal an act entitled an act to amend an act to incorporate the town of St. Mary's, and the several acts amendatory of the same, approved March 4, 1875. Also a subsequent act

1204

JOURNAL 01r THE HOUSE.

amendatory thereof, and for other purposes, approved February 28, 1877, which they recommend that the introducer have permission to withdraw.
Respectfully submitted. P. L. MYNATT, Chairman.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following bills, and asks the concurrence of the House therein :
..A bill to provide for the better organization, government and discipline of the volunteer troops of this State.
..Also, a bill to amend section 267 of the Code, which relates to the duty of Clerks of the Superior Courts, and to the dockets of said courts.
Also, a bill to declare and establish the flag of the State of Georgia.
Also, a bill to amend section 1646 of the Code, in reference to the fees of Solicitors-General.
The Senate has also passed the following House bills, to-wit:
A bill to change the time of holding the Superior Court for the county of Mitchell.
Also, a bill to amend the 5th section of an act to alter and amend an act entitled an act to incorporate the stockholders of the Cartersville and Van \Vert Railroad Company, approved October 25, 1870.
Also, a bill to repeal an act consolidating the offices of Clerk of the Superior Court and County Treasurer of Paulding county.
Aiso, a bill to prohihit the sale or furnishing of spirituous, malt, or other intoxicating liquors within McDuffie county.
Also, a bill to authorize each and every county in

SATURDAY, AuGUST 23, 1879.

1205

this State to establish and maintain a system of drainage.
Also, a bill to amend an act entitled an act to regulate the manner of holding municipal elections in the city of"\Vest Point, and to require voters to register at said elections.
Also, a bill to repeal an act entitled an act to provide for the payment of certain insolvent costs in the Augusta J ndicial Circuit, so far as it applies to the county of Richmond.
Also, a bill to amend an act to fix the pay of TaxReceiver and Collector of Laurens county, and to consolidate the office of 'l'reasurer and Clerk of the Superior Court.
The Senate has also passed the following House bills, with certain amendments, in which they ask the concurrence of the House, to- wit :
A bill to amend an act entitled an act to incorporate the town of Talbotton, and to extend the limits of the same.
Also, a bill to alter and amend section 6 of an act entitled an act to create the Board of Commissioners f0r the county of Gwinnett, and to prescribe aud define the duties thereof, approved Agust ~6, 1876, and for other purposes.
Also, a hill to amend section 1676 of the Code with reference to the creation of private corporations.
Mr. Davis, of Houston, submitted the following report from the committee on conference on the bill mentioned in said report, to-wit:

Mr. Speaker:
The conference committee on Senate bill No. 7 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

1206

JOURNAL OF TBE HousE.

purposes, beg leave to report that they have ap;r(ed to

recommend that for the substitute for said bill passed

by the House, the Senate bill be amended by striking

out all of section first after the P-nacting clause, and

substituting therefor the following: That from and af-

ter the first day of January, 18fl0, the commissions to

be allowed to each Receiver and Co1lector of State and

county tax shall be as follows :

On all digests for the first $1,000, .06 per cent.

On aU digests for the excess over $1,000 to $2,000, .04

per cent.

On all digests for the excess over $2,000 to $3,000, .03

per cent.

On all digests for the excess over $3,000 to $4,000,

.02! per cent.

On all digests for the excess over $4,000 to $6,000,

.02t per cent.

On all digests for the excess over $6,000 to $8,000,

.02t per cent.

On all digests for the excess over $8,000 to $12, OOG,

.02 per cent.

On all digests for the excess over $12,000 to $18,000,

.01! per cent.

On all digests for the excess over $.18,000 to $36,000,

.Olt per cent.

On all digests for the excess over $36,000, Oll per

cent.

[Signed]

T. B. CABANiss,

E. P. HowELL,
w. H. SDDIONS,

On the part of the Senate.

B. M. DAVIS, Lou-Is F. GARRARD, J. G. PmNIZY, On the part of the House.

Mr. Jordan offered the following resolution, which

SATURDAY, AUGUST 23, 1879.

1207

was read and referred to the Committee on Rules, towit:
A resolution-
To repeal that part of the rules p~q umng that no leave of absence shall be granted except for providential cause.
Also, the following resolution, which was read and referred to the Committee on Rules, to-wit:
A resolution-
Prohibiting the granting of more than ten leaves of absence on any Olle day, giving preference to those for providential cause.
The special order, the general railroad bill was then taken up.
Mr. Pike moved that the substitute be first taken up and perfected.
On motion of Mr Harp, the rules were suspended, and the following bill read the second time, to-wit:
A bill for the relief of Benjamin F. Matthews, of the county of Chattahoochee.
'l'he substitute was then taken taken up by sections. The Speaker appointed as the committee on conference on the bill to exempt certain persons named therein from jury duty, Messrs. Humber, Harris and Duvall ; and on the bill to repeal sections 4387 and 4388 of the Code, Messrs. Hall, Milner and Johnson, of Johnson. Leave of absence was granted to Messrs. McRae and Burch, ot Towns, on account of sickness in their families. On motion of Mr. \Vestbrook, as amended by Mr. Humber, the further consider::ttion of the bill was postponed till Monday next, and made the special order immediately after the rP.ading of the Journal, and from day to day till disposed of.

1208

J OURN.AL OF THE HOUSE.

On motion of Mr. Cook, the House then adjourned till 9 A. M. Monday.

ATLANTA, GEORGIA,
Monday, August 25, 1879.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Mr. Hanks.
The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams, Anderson of Newton, Anderson of Pulaski,
Barksdale,
Bell, Bennett,
Berry, Bird, Bleckley,
Born, Branch, Brantley,
Brintle, Buchan, Butler,
Butt, Chambers,
Chapman,
Colley, Collins,
Cox of Harris, Cox of Troup, Crawford,
Davis of Baker, Davison,
Dickin, Dozier,
DuBooe, Duggar, Dupree,
Duvall,

Hammond, Hamilton, Hanks, Harrell,
Harp, Harris,
Harrison,
Henderson, Hill,
Hogan, Hollis,
Howell of Lowndes, Howell of Pickens, Hudson,
Hulsey, Humber,
Hutchins, Irvine,
lvey, Janes,
Johnson of Clay,
Johnson of Johnson, Jordan of Crawford,
Jordan of Wilkes, Kendrick. Kirby, '
Livingston, Luffman,
:Mathews,
:McAfee.
McCurry,

Perkins,
Phillips of Cobb, Phillips of Coffee, Phinizy, Pike,
Polhill,
Puckett, Rankin, Redwine,
Riden, Roach,
Roberts, Rogers, Russell,
Shannon, Sharman,
Sheffield of l\-Iiller, Sibley,
Sims,
Smith of Buttlr,
Smith of Walton, Strother, Tarver,
Tate,
Tatum,
Turner of Brooh, Turner of Coweta, Vick,
Walters, Walton,
Welch,

MoNDAY, AuGU~T 25, 1879.

1209

Elder,
Fletcher,
Ford, Fort,
Fuller, Garrard, Grant, Gray,
Glover, Greene of Baldwin,
Greene of Madison,
Hall,

McDonald, McGouirck,
McWhorter
Miller of Houston, Milner, Mynatt, Nisbet, Northern,
Oliver, Paine,
Patterson, Paull,

Westbrook,
Wheeler, "Wilcox,
Williams of Columbia, Williams, (;. W. Williams, F. J. Wilmot, Wilson, Wright,
Yancey,
Zellner.

Those absent were Messrs.-

Anderson of Morgan, Awtry, Barron, Burch of Laurens, Burch of Towns, Cannon, Carr,. Clegg, Cook, Cunningham, Daniel, Davis of Houston, DeLoach, Farnell, Fitzgerald,
Present 128.
Absent45.

Gammage,
Kimsey, King, Lamb,
Lang, Maund,
McConnell, McLucas,
McRae,
Miller of Liberty, Mitchell, Park,
Peacock,
Phillips of Carroll,
Pope,

Poppell, Prescott, Reese,
Roney, Scruggs,
Sheffield of Early, Sikes,
Smith of Oglethorpe, Strickland,
Taliaferro,
Thomas, Toole, Wall.
Weehunt,
Willingham,

Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal was then read and confirmed.
The Speaker announced that Messrs. DeLoach, Farnell and Miller of Liberty, had been sent as an escort to the remains of Senator Clements, of the 15th District.
Leave of absence was granted to Mr. Davis of Houston, for to-day.
Mr. McWhorter moved to take up House bill No. 477 for the purpose of concurring in Senate .amendments.
77

1216

JouRNAL olr THE HousE.

On motion of Mr. Turner ot Coweta, the bill was laid on the table.
On motion of Mr. Adams, the rules were suspended and the following St:>nate bill was taken up and read the second time, to-wit:
A bill to amend an act carrying into effect paragraph 2, section 18, article 6, of the Constitution of 1877, and for other purposes.
On motion of Mr. Hanks the communication from the Attorney-General was taken up and read.
Three hundred copies were ordered printed, and the communication referred to the Committee on Finance.
On motion of Mr. Mathews, the following bill was taken up, and the Senate amendments. concurred in, to-wit:
A bill to amend an act to incorporate the town of Talbotton, and to extend the limits of the same, and to repeal all laws in relation to said town in conflict with this act, assented to December 20, 1860.
Action of the House ordered at once transmitted to the Senate.
On motion of Mr. Mc\Vhorter, thB following House bill was taken up, and the Senate amendments con curred in, to-wit:
A bill to amend section 1676 of the Code of Georgia, with reference to the creation of private corporations by the courts of this State.
'!:'he action of the Honse was ordered at once transmitted to the Senate.
On motion of Mr. Hutchins, the following bill was taken up and the Senate amendment concurred in, towit:
A bill to so alter and amend section 6 of an act to create a Board of Commissioners for the county of Gwinnett, and to prescribe and define the powers and

l\foNDAY, AUGUST 25, 1879.

1211

duties thereof, approvt>d August 26, 1'372, and for other purposes.
Action of the House lrdered at once transmitted to the Senate.
On motion of Mr. Dickin of Henry, the following bill was taken up, and the Senate amendments concurred in, to-wit:
A bill to prohibit the catching of fish for the purpose of shipping or selling from the waters of Little Ocmulgee, in the county of Telfair, and to prescribe a penalty for the same.
The action of the House was ordered at once transmitted to the Senate.
By permission of the House the following bills were withdrawn, to-wit:
A bill to amend the registration laws of Camden county.
Also, a bill to amend the charter of the town of St. Mary's.
Mr. Paine, chairman of the Committee on Enrollment, submitted the following report :
.Mr. Speaker:
The Committee on Enrollment report as duly enrolled, and rPady for the signature of the Speaker of the House of Representatives, the following resolution, towit:
An act to authorize the Board of Education of \\'hitfield county to order the payment of $103 of the common school fund a balance due County Sehoul Commissioners for services rendered and expences incurred in the year 1871.
Also, an act to confirm an ordinance of the City Council of Augusta, entitled an ordinance to create a sinking fund, passed the lOth day of March, A. D., 1877, as amended by an ordinance passed the 6th day of August, A. D., 1877, and for other purposes.

1212

JOURNAL OF THE HOUSE.

Also, an act to alter and amend sAction 2970 of the Code of 1873, and for other purposes.
Also, on act to amend an act to fix the pay of TaxReceiver and Collector of Laurens county, and to consolidate the offices of County Treasurer and Clerk of the Superior Court of said county, and for other purposes, approved February 27, 1877.
Also, an act to repeal an act consolidating the offices of Clerk of the Superior Court and County Treasurer of Paulding county, approved February 22, 1877.
Also, an act to authorize each and every county in .this State to establish and maintain a system of drainage, and to ratify established systems.
Also, an act to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors within McDuffie county, and to provide a punishment for the same.
Also, an act to amend an act to regulate the manner of holding municipal elections in the city of West Point, and for other purposes, approved March 2, 1874.
Also, an act to repeal an act to provide 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, an act to amend the 5th section of an act to alter and amend an act to incorporate the stockholders of the Cartersville and Van vVert.Railroad Company, approved October 25, 1870, so as to strike from said section the words, "and all suits against said company shall be instituted and tried at Cartersville, Georgia, in the courts there to be held of competent jurisdiction.
Also, an act to change thA time of holding the Superior Court for the county ot Mitchell.
Also, an act to prevent the driving or grazing of dis-

MONDAY, AUGUST 25, 1879.

1213

eased cattle in places other than those where cattle are diseased, and to fix a penalty for the sam~.
Also, an act to create a Board of Police Commissioners for the eity of Augusta, in this State, and to define its powers and duties, and for other purposes.
V'\T. W. PAINE, Chairman.

Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the following report:
Mr. Speaker :
The Committee on the Judiciary have bad under consideration the following bills, which they report back with the recommendation that the introducers be allowed to withdraw them, to-wit:
.A. bill to be entitled an act to prohibit the taking of more than seven per cent interest, and to provide for the recovery of any excess that may be paid.
Also, a bill to be entitled an act to execute article 6, section 9 of the Constitution of 1877.
Also, a bill to be entitled an act to enlarge the powers of and amend the laws regulating modes of procedure in the Superior Courts of this State, so as to facilitate the trial of cause, and speed the administration of justice.
Also, a bill to be Pntitled an act to authorize the Governor to commute or change the sentence of persons convicted of misdemeanors.
The eommittee have also had under consideration the following bills, which they recommend do not pass, towit:
A bill to be entitled an act to fix and make uniform the rate of interest at seven per centum per annum.
Also, a bill to be entitled an act to prohibit any person from holding at the same time any two of the following offices, to-wit : The office of Ordinary Sheriff, Tax-Collector, Tax-Receiver, Clerk of the Superior

1214

JOURNAL OI<' THE HOUSE.

Court and County rreasurer, and repealing all laws consolidating any two of these offices, and for other purposes.
Also, a bill to be entitled an act to carry into effect paragraph 6, section 2, article 1 of the Constitution, relative to fraud.
Also, a bill to be entitled an act to abolish all County Courts not established under the general County Court act.
Also, a bill to be entitled an act to prevent the taxing of extra fees or compensation by thP officers of this State, under paragraph 2, section 16, article 7 of the Constitution of 1877.
Also, a bill to be entitled an act to amend section 3796 of the Revised Code of Georgia, by making an addition thereto.
Also, a bill to be entitled an act 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 received.
Also, a bill to be entitled act to amend section 3940 of the Revised Code of Georgia, to fix c:ompensation of jurors of the County Courts, and other courts of this State, exercising criminal jurisdiction.
Also, a bill to be entitled an act for the relief of the estate of John Harris, by reason of securityship on the bond of Isaac P. Harris, as Treasurer of the vVestern and Atlantic Railroad.
Also, a bill to be Pntitled an act to alter and amend section 2705 of the Revised Code of 1873, which provides when and where deeds to land shall be recorded.
Also, bill to be entitled an act to amend paragraph 1, title 14, chapter 4, section 1319 of the Code of Georgia, which provides that Ordinaries, Clerks of the Superior Courts, Sheriffs, Coroners, Tax-Collectors, Tax-Receivers, County Surveyors, and all county officers shall be

MoNDAY, AUGUST 25, 1879.

1215

elected on the first Wednesdays of the years in which, under the Constitution and laws of this State, elections should be held to fill such offices beginning on the fi:J;"st Wednesday in January, 1873.
Respectfully submitted. R. G. TuRNER, Chairman.
The followinP" 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 acts, to-wit:
An act to prescribe the manner, terms and specifications for letting the public printing to the lowest bidder, in accordance with article 7, section 17, paragraph 1 of the Constitution.
Also, an act to authorize the Comptroller General to administer oaths.
Also, an act to amend an act entitled an act to authorize the City Council of Augusta to crPate a Board of Health for said city.
Also, an act to prevent the forfeiture of recognizances in criminal cases, except when the prosecuting officer is ready for trial, and for other pnrpostos.
Also, an act to revise the jury box in the county of Harris, and for other purposes.
Also, an act for the relief of Richard H. Leonard, Ordinary of the county of Talbot.
Also, a resolution to present the names of Crawford W. Long, the discoverer of anresthesia, and James Oglethorpe, the historic founder of the Commonwealth, to the art gallery established by Congress to represent Georgia.
Also, an act to fix the fees o' Justices of the Peace and Notaries Public who are ex-officio Justices of the

1216

JouRNAL oF TIIE HousE.

Peace and Constables in appeal cases in Justices' Courts .
.Also, an act to be entitled an act to i:Lmend an act to require the Mayor of the city of Augusta to discharge the duties of Recorder of said city; to limit the salary of said Mayor, and for other purposes.
Also, an act to amend an act entitled an act to provide that the Treasurer of Richmond county shall be allowed a salary, and to fix the amount thereof, asapproved February 20, 1876.
Also, an act to regulate the publication of the registered voters in the city of Augusta.
Also, an act to amend an act, approved February 28, 1874, entitled an act to establish a new charter for the city of Augusta, and for other purposes.
Also, an act to authorize the Ordinary of Jackson county to issue county bon~s to build a Court-House in said county, and to provide for the redemption of the same, 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 bills, towit:
A bill to authorize the County Commissioners of Houston county to purchase property whenever put up for sale under executions for State and county taxes.
Also, a bill to amend section 951, 952 and 953 of the Code, relative to the issuance of lost bonds, so as to apply the same to coupons.
Also, a bill to amend an act to create a Board of Commissioners of Public Roads and Public Property for the county of Monroe.
The Senate has also concurred in the House amend-

MoNDAY, AUGUST 25, 1879.

1217

ments to the Senate bill to authorize the lease or sale of the Macon and Brunswick Railroad.
Mr. Hall, from the Committee of Conference, on the bill named in said report, submitted the following report:

Mr. Speaker:

'fhe Committee of Conference to whom was referred

House bill No. 199, entitled "a bill to be entitled an

act to repeal sections 431:!7 and 4388 of the Revised

Code of 1873, to prescribe the punishment for burglary,

and for other purposes," beg leave to make the follow-

ing report:

That the House do recede from its disagreement to

the Senate amendments, and that the amendments of

the Senate be agreed to.

[Signed]

E. C. BOWER,

J. W. PRESTON,

On the part of the Senate.

JOHN I. HALL, Tnos. W. MILNER, W. S. JOHNSON, On the part of the House.

Mr. Paine, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker :
The Committ:~e on Enrollmer1t report as duly enrolled, signed by the Speaker of the House of Representatives, the following act, to-wit:
An act to amend section 1676 of the Code of Georgia with reference to the creation of private corporations by the courts of this State.
W. W. PAINE, Chairman.

The special order-the general railroad bill-was

1218

J OURN.A.L OF THE HoUSE.

taken up, the substitute of the committee still being under considered..
On motion of Mr. Hanks, th~ further consideration of the bill was postponed till3:30 o'clock P. ~r.
The House then adjourned till 3:30 o'clock P. l\1. today.

3:30 0' CLOCK P. :.\L

The House reassembled, and was called to order by the Speaker.
Mr. Phillips, of Cobb, moved to postpone the further consideration of the bill till Monday next, immediately after the reading of thP. ,Journal.
Mr. Fort moved, as a substitute, that the further consideration of the bill be postponed till to-morrow, immediately after the reading of the J onrnal.
Mr. Rankin offered, as an amendment, that the consideration of the bill be postponed till next Monday morning week.
The amendment was lost. On the question of -postponing till Monday next, Mr. Fort 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,
Bell, Bennett,
Berry,~
Bird,;l
Born,~
Brana.h, Butler, Crawford, Dickin, Duggar,
Duvall, Hall,

Howell of Pickens,
Hulsl'y, Jordan of Crawford, Jordan of Wilke.~, Luffman,
McDonald,.
McGourick, McLul!as,
Mynatt, Patterson, Phillip!' of Carroll,
Phillips of Cobb, Phinizy,

Rogers, Rus!<ell,
Sharman, Sibley,
Sim~.
Smith of Walton
Strother, Tate,
Westbrook, Wheeler, Williams of Columbia, Williams, C. W., Williams, F. J.

MONDAY, AUGUST 25, 1879.

1219

Hamilton, Harp, Hogan,

Pol hill, Riden, Roberts,

Wright, Zellner.

Those voting in the negative are Messrs.-

Anderson of Newton, Anderson of Pulaski, Brantley, Brintle, Cannon, Chapman, Colley, Collins, Cox of Harris, Cox of Troup, Davis of Baker, Davis of Houston, navison, Dozier, DuBose, Dupree, Elder, Fletcher Ford, Fort, Fuller, Garrard, Glover,

Greene of Baldwin, Greene of Madison, Hammond,
Hanks,~
Harrell, Harris, Harrison, Henderson, Hill, Hollis, Hudson, Hutchins, Irvine, Johnson of Clay, Kirby, Livingston, Mathews, McAfee, McConnell, McCurry, Miller of Houston, l\Iilner,

Those not voting are Messrs.-

Nisbet, Northern, Phillips of Coffee, Pike, Puckett, Rankin, Redwine, Reese, Roach, Shannon, Sikes, Smith of Butta, Tarver, Tatum, Turner of Brooks, Turner of Coweta, Vick, Welch, W"ilcox,
Wilmot. "Wilson, Yancey

Anderson of Morgan, Awtry, Barksdale, Barron, Bleekley, Buchan, Burch of Laurens, Burch of Towns, Butt, Carr, Chambers Clegg, Cook, Cunningham, Daniel, DeLoach, Farnell, Fitzgerald, Gammage, Grant,

Gray, Howell of Lowndes, Humber, Ivey, Janes, Johnson of Johnson, Kendrick, Kimsey, King, Lamb, Lang, Maund, McRae, l\Icwhorter,
Miller of Liberty,
~Iitchell,
Oliver, Paine, Park, Paull,

Yeas 47.

Nays 67.

Not voting, 59.

Peacock, Perkins,
Pope, Poppell, Prescott, Roney, Scruggs, Sheffield of Early, Sheffield of Miller, Smith of Oglethorpe, Strickland, Taliaferro, Thomas,
Toole, Wall, \Valters, \Valton, \Veehunt. Willingham,

1220

JoURNAL OF THE HOUSE.

So the motion to postpone till Monday did not prevail.
Mr. Harrison, of Stewart, moved to postpone till Friday next immediately after the reading of the Journal.
The motion prevailed, anJ the further consideration of the bill on the regulation of freight and passenger tari:tf:'l was postponed and made the special order for Friday, the 29th inst., immediately after the reading of the Journal.
On motion of Mr. Miller, of Houston, leave was granted to the committee of nine to investigate the office of the Treasurar to sit during the sessions of the House from day to day.
On motion of Mr. Turner, of Brooks, leave of absence, for this evening, was granted to the Committee on the Judiciary.

Mr. Mynatt, chairman of the Committee on Corporations, submitted the following report :
:frir. Speaker:
The committee have hail under consideration the following bill, which they recommend do pass:
A. consolidated bill proposed by the Committee on Local and Special Bills in lieu of bills Nos. 370, 462, 531, n51, 659 and 629, to-wit:
A. bill to be entitled an act to provide for the creation of Boards of Commissioners of Roads and Revenues in the counties of Cobb, Dooley, 1Ienry, Paulding, Telfair and washington, in this State; to prescribe their powers and duties, and to fix and limit their compensation, and the pay of officers employed by them.
The committee have examined the proofs of the advertisement of said described bills, made prior to the introduction thereof, and find them sufficient,

MoNDAY, AuGUS1' 25, 1879.

1221

The com::nittee have also had under consideration the following bills, which they recommend do not pass, to-w1t:
A bill to be en titled an act to incorporate Gainesville College, and to confer on the faculty and trustees of the same certain powPrs and privileges.
Respectfully submitted. P. L. MYNATT, Chairman.

The following bills were read the second time, towit:
A bill to amend the law of the foreclosure of mortgages on personal property, where the principal sum does not excePd $100.
Also, a bill to prohibit the State Trea::mrer or any other officer of the State from using, directly or indirectly, the money of the State, and to prohibit the State Treasurer, or any other officer of this State, or any person whatsoever, from receiving or agreeing toreceive any fee, interest, or reward for the deposit or use of the State's money.
Also, a bill to authorize the Governor to sell a small tract of land in Chattanooga for certain purposes.
Also, a bill to create a Board of Commissioners of Roads and Revenues for Putnam county, and to define their powers and duties, and fix their compensation.
Also, a bill to prevent the destruction of game in the county of Jones, and for other purposes.
Also, a bill to amend the 2758tb, 2760th, 2761st, 2768th, 2770tb, and 2772d sections of the Code, with reference to court contracts.
Also, a bill to incorporate the town of Bellton, in the counties of Hall and Banks, and for other purposes.
Also, a bill to make it penal for any Tax-Collector

1222

JouRNAL OF THE HousE.

to receive any county order in payment of county taxes, or to speculate in the same.
Also, a bill to amend section 1456 of the Code of Georgia.
Also, a bill to amend the act establishing the City Court of Atlanta, and to regulate the payment of the insolvent costs of the officers of said court previously accrued.
Also, a bill to declare more fully and explicity the intention of the Legislature, as expressed in section 14 of the general tax act of 1878.
Also, a bill to render certain larcenies after trust misdemeanors.
Also, a bill to amend the act prescribing the punishment of convicts for escapes.
Also, a bill to provide one Commissioner of Roads and Revenues for the county of Forsyth, and prescribe his powers and duties.
Also, a bill to amend the act incorporating the town of Hillsborough, and the town of South Rome, in the county of Floyd.
Also, a bill to define and enlarge the duties of the Attorney-General of this State, and for other purposes.
Also, a bill to appropriate a sufficient amount of money to pay the expenses of the special joint committee on wild lands.
Also, a 'bill to authorize the county of Dougherty to
issue bonds to the amount of 830,000 to purchase the bridge over Flint River at Albany, and to levy and collect a tax for the payment of the principal and interest of said bonds.
Also, a bill to amend an act invorporating the town of Eastman, in the county of Dodge.
Also, a bill to authorize the Board of Commissioners of Decatur county to issue bonds not to exceed $4,000 to build a bridge over Flint River at Bainbridge.

MoNDAY, AUGUST 25, 1879.

1223

Also, a bill to amend paragraph 4569 of the Code, with reference to the buying and selling of votes.
Also, a bill to amend paragraph 4568 of the Code, with reference to illegal voting, by changing the pun ishment for the same.
Also, a bill to allow persons ac interest to be parties plaintiffs where a chose in action is assigned as part of a twelve month's support, on same terms as representatives.
Also, a bill to authorize the corporation of Bain bridge to levy a tax for the support of a public school system in said city.
Also, a bill to withdraw all rights and immunities heretofore granted to the Arnett Bridge Company.
Also, a bill to consolidate, amend and supercede the several acts incorporating the town of Senoia, in the county of Coweta.
Also, a bill to repeal an act for the relief of Elizabeth Tanner, of Dawson county.
Also, a bill to repeal an act to make and constitute the Sheriff of Cobb county ex-officio Tax-Collector of said county.
Also, a bill to establish the original rates of toll for crossing the Chattahoochee River at Fort Gaines.
Also, a bill to authorize the Ordinary of Clarke county to issue 4 per cent. bonds to take up present outstanding bonds of said county.
Also a bill to authorize tb.e City Council of Athens to use the tax paid on gross premiums by the Southern Mutual Insurance Company to build cisterns in said city.
Also, a bill to incorporate the Athens Transfer Railroad Company.
Also, a bill to appr.)priate the sum of $40 to pay the claim of Owen Smith for services rendered.

1224

JouRNAL OF THE HousE.

Also, a bill to incorporate the Skidaway ~arrows Canal Company, and grant certain privileges.
Also, a bill to prescribe penalties against defaulting jurors.
Also, a bill to authorize the Judges of the Superior Courts, and of City Courts commissioned by the Governor, to fix the fees of Sheriffs and Clerks, where said fees are not fixed by law.
Leave of absence was granted to Messrs. Rankin, Sikes, 'Vestbrook and Hall, on account of business.
The House then adjourned till 9 A.M. to-morrow.

ATLANTA, GEORGIA,

Tuesday, August 26, 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 answered to their names :

Those present were Messrs.-

Adams, Anderson of Pulaski, Barksdale,
Bell, Bennett,
Berry, Bird, Bleckley,
Born, Branch, Brantley, Brintle,
Buchan,
Butler, Butt, Cannon, Carr, Chambers,

Hanks, Harrell, Harp, Harris, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, lvey, Janes,

Phillips of Cobb, Phillips of Coffee, Phinizy; Pike, Polhill, Pope, Prescott, Redwine.
Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman

Tc-ESDAY, .AUGUST 26, 1879.

1225

Chapman, Colley,
Collins, Cox of HarriR,
Cox of Troup, Crawford,
Davis of Baker, Davis of Houston, Davison,
DeLoach Dickin, Dozier,
DuBose, Duggar, Dupree, Duvall,
Elder, Fitzgerald,
Fletcher,
Ford, Fort, Fuller,
Grant, Gray,
Glover, Greene of Baldwin,
Greene of Madison, Hammond,
Hamilton,

Johnson of Clay, Johnson of .Tohnson,
Jordan of Crawford, Jordan of "Wilkes,
Kendrick, Kimsey, King, Kirby,
Lang, Livingston,
Luffman, l\Iathews, McConnell, McCurry,
McDonald, l\IcGouirck, )1cLucas,
l\IcRae, l\IcWhorter,
Miller of Houston, Milner,
Mynatt, Nisbet,
Northern, Paine, Patterson,
Paull,
Perkins, Phillips of Carroll,

Sheffield of Miller, Sibley,
Sikes, Sim8, Smith of Butts, Smith of Oglethorpe, Smith of walton,
Tarver, Tate,
Tatum, Turner of Brooks,
Turner of Coweta, Vick, Walters, Walton,
Welch,
Westbrook, Wheeler,
'Vilcox, Williams of Columbia, Williams, C. W.
Williams, F. J.
Willingham,
Wilmot, Wilson,
W1ight, Yancey,
Zellner.

Those absent were Messrs.-

Anderson of Morgan, Anderson of Newton,
Awtry, Barron, Burch of Laurens,
Burch of Towns, Clegg,
Cook, Cunningham,
Daniel,
Farnell,

Gammage, Garrard,
Hall, Lamb,
l\Iaund, l\Ic.Afee, }Iiller of Liberty,
:Mitchell, Oliver,
Park,
Peacock,

Present, 140. Absent, 33.

Poppell,
Puckett, Rankin,
Sheffield of Early, Strickland, Strother,
Taliaferro,
Thomas, Toole,
Wall, weehunt,

Mr. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and ap proved.
The Journal was then read and confirmed. 78

1226

JOURNAL O.l! THE HOUSE.

Mr. Paine, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
The Committee on EnrollmPnt report as duly enrolled, signed by the Speaker of the House of Representative::;, President of the Senate, and delivered to the Governor, the following acts, to-wit:
An act to authorize the Board of Education of Whitfield county to order the payment of one hundred and three dollars of the common school fund, a balance due County School Commissioners for services rendered and expenses incurred in the year 1871.
.Also, an ac.t to confirm an ordinance of the City Council of Augusta entitled an ordinance to create a sinking fund, passed the tenth day of March, A. D., 1877, as amended by an ordinance passed the sixth day of August, A. D., 1871, and for other purposes.
Also, an act to alter and amend section 2970 of the Code of 1873, and for other purposes.
Also, an act to amend an act to fix the pay of TaxReceiver and Collector of Laurens county, and to consolidated the offices of County Treasurer and Clerk of the Superior Court of said county, and for other purposes, approved February 27, 1877.
Also, an act to repeal an act consolidating the offices of Clerk of thA Superior Uourt and County Treasurer of Paulding county, approved February 22, 1877.
Also, an act to authorize each and every county in this State to establish and maintain a system of drainage, and to ratify established systems.
Also, an act to prohibit the sale or furnishing of spirituous, malt, or other intoxicating liquors within McDuffie county, and to provide a punishment for the same.
Also, an act to revise the jury box of the county of Harris, and for other purposes.

TUESDAY, AUGUST 26, 1879.

1227

Also, act to amend an act to regulate the manner of holling municipal elections in the city of West Point, and for other purposes, approved March 2, 1874.
.Also, an act to repeal an act to provide 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, an act to amend the fifth section of an act to alter and amend an act to incorporate the stockholders of the Cartersville and Van Wert Railroad Company, approved October 25, 1870, so as to strike from said section the words, "and all suits against said company shall be instituted and tried at Cartersville, Georgia, in the courts there to be held of competent jurisdiction.
Also, an act to change the time of holding the Superior Court for the county of Mitchell.
Also, an act to prevent the driving or grazing of diseased cattle in places other than those where cattle are diseased, and to fix a penalty for the same.
.Also, an act to create a Board of Police Commissioners for the city of Augusta, in this State, to define its powers and duties, and for other purposes.
Also, an act to amend section 1676 of the Code of Georgia, with reference to the creation of private corporations by the courts of this State.
w. vV. PAINE, Chairman.
On motion of Mr. Luffman, House bills Nos. 418 and 419 were taken from tile table and placed in their order on the calendar.
The special order for the day, the consideration of the bill to amend the act creating the office of State Geologist, etc., was taken up.
On motion of Mr. King the bill was laid on the table.
The following bill was read the third time, the

1228

JoURNAL OF THE HOUSE.

report of the committee was agreed to, and the bill

passed, by substitute, by the requisite constitutional

majority ; yeas 96, nays non~, to-wit :

A bill to amend the law of the foreclosure of mort-

gages on personal property, as recited in part third,

chapter second, article first, in the second edition of

the Revised Code.



'fhe following bill was read the third time, the

report of the committee was agreed to, and the bill

passed, as amended, by the requisite constitutional

majority; yeas 98, nays none, to-wit:

Also, a bill to prohibit the State Treasurer or any

other officer of the State from using, directly or indi-

rectly, the money of the State, and to prohibit the State

Treasurer, or any other officer of this State, or any

person whatsoever, from receiving or agreeing to re-

ceive any fee, interest, or reward from any person,

bank, or corporation for the deposit or use of money

of the Stat~, and to prescribe a penalty therefor.

The following bill was recommitted to the Committee

on the Judiciary, to-wit :

A bill to make the violation of certain contracts

penal.

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, to-wit :
A bill to be entitled an act to change the time of holding the Superior Court in the county of Henry.
The committee have also had under consideration the followipg bill, which they recommend do pass, by substitute, to- wit:
A bill to be entitled an act to prescribe the practice in claim cases, and for other purposes.

TuESDAY, AuGUST 26, 1879.

1229

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 to be entitled an act to amend the tax laws of the State of Georgia, so far as the same relates to railroad companies, and to define the liabilities of said companies to taxation, and to repeal so much of the charters of such companies respectively as conflict with the provisions ot this act.
The committee have also had under consideration the following bills, which they report back with the recommendation that the introducers be allowed to withdraw it, to-wit:
A bill to be entitled an act to fix the rate of interest in this State.
Also, a bill to be entitled an act to require Ordinaries or other authorities to establish election precincts in each militia district in the several counties of this State.
Also, a bill to be entitled an act to declare and define what misrepresentations by the assured will void a policy of life or fire insurance.
Also, a bill to be entitled an act to enforce paragraph 2, article 7, of the Constitution of this State, which provides for exemption of property from taxation.
Also, a bill to be entitled an act to amend section 8!:!7 of the Revised Code, so as to reduce the fees of Tax Collec~ors for issuing taxfl. fas.
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 prohibit appropriations or extra payments to county officers in this State.
A.lso, a bill to be entitled an act to amend an act app!Oved February 2v, 1876, relative to the appointment

1230

JoURNAL oF THE HousE.

of stenographic reporters for the Superior Courts of this State.
Respectfully submitted. H. G. TURNER, Chairman.

The following bill was read the third time ; the report of the committee was a~reed to, and the bill passed by substitute, by the requisite constitutional majority ; yeas, 97, nays none, to-wit:
A bill to authorize the Governor, with the consent of the lessees of the \Vestern and Atlantic Railroad, to convey to the Mayor and Aldermen of Chattanooga, Tennessee, a small tract of land in said city for the purpose of fire protection.
The following bill was read the third time; the evidence of the publication of the notice required by law was exhibited ; the report of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority, yeas 99, nays none, to-wit:
A bill to create a Board of Commissioners of Roads and Revenues for t11e county of Putnam, and to define its powers and duties.
The following bill was read the third time, the evidence of the publication of the notice required by law was exhibited ; the report of the committee was agreed to, and the bill passed, by substitute, by the requisite constitutional majority; yeas 94, nays none, to-wit:
A bill to authorize the Ordinary and County Board of Milton county to borrow money to enable them to pay for thA building of the Court-House in said county, and for other purposes.
The following bill was read the third time ; the evidence of the publication of the notice required by law was exhibited ; the report of the committee was agreed to, and the bill passt>d, as amended, by the requisite constitutional majority ; yeas 89, nays none, tl-wit:

TuESDAY, AuousT 26, 1879.

1231

A bill to incorporate the Oconee River Steamboat Company.
The following bill was read the third time ; the evidence of the publication of the notice, required by law, was exhibited ; the report of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority; yeas 88, nays 6, to-wit:
A bill to prevent the destruction of game in the county of Jones, in this State.
The following bill was read the third time ; the report of the committee was agreed to, and the bill passed, by substitute, by the requisite constitutional majority ; yeas 93, nays none, to-wit:
A bill to amend sections 2758, 2760, 2761, 2768, 2770 and 2772, part 2, title 7, chapter 6 of the Code, in relation to court contracts ; to give Courts of Ordinary furisdiction of court contracts in certain cases, and for other purposes.
The following bill was read the third time; the report of the committee, as amended, was agreed to, and the bill passed, as amended, by the requisite constitutional majority; yeas 90, nays none, to wit: ,
A bill to change the time of holding the Superior Court in the county of Houston from the fourth Mondays in May and November to the first M'ondays in April and October.
On motion of Mr. Adams, the rules were suspended, and the following Se!!ate bill read the third time ; the report of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority; yeas 101, nays none, to-wit:
A hill to amend an act carrying into effect paragraph 2, section 18, article 6 of the Constitution of 1877, and for other purposes.
The following bills were temporarily tabled, to-wit:

1232

JOURNAL OF TR.I!: HOUSE.

A bill for the protection of game and fish in this State.
A bill to incorporate the town of Bellton, in the counties of Hall and Banks.

The following bill was read the tllird time ; the report of the committee was agreed to, and the bill passed, by substitute, by the requisite constitutional majority; yeas 89, nays none, to-wit:
A bill to make it a penal offense for any Tax-Collector in this State to receive in payment of county taxes any county order or orders of such county, or to speculate in the same.
The action of the House on the Senate bill~ just passed, was ordered at once transmitted to the Senate.
The following bill was recommitted to the Committee on Agriculture, to-wit:
A bill to amend section 1456 of the Code of Georgia. The action of the House recommitting the bill was reconsidered, and the bill 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 House bills, to-

wit:



A bill to amend an act to establish a new charter for

the city of Atlanta, so as to provide for fhree instead of

five Water Commissioners.

Also, a bill to amend the acts incorporating the

Georgia Ba.nking and Trust Company.

Also, a bill to alter and ameud section 4747 of the

Code.

Also, a bill to amend the charter of the Cherokee

Iron Company.

Also, a bill to provide for the organization of chain-

gangs for the misdemeanor convicts in this State.

TUESDAY, AUGUST 26, 1879.

1233

Also, a bill to amend the charter of the town of Crawford ville.
Also, a bill to create a city government for the town of Eatonton.
The Senate has also passed the following House bills, with certain amendments, in which they ask the concurrence of the Honse :
A bill to incorporate the Georgia Branch of the N ational Bell Telephone Company.
Also, a bill to amend an act entitled an act to establish a new charter for the city of Atlanta.
Also, a bill to be entitled an act to amend the charter of the Cherokee Iron Company, so as to authorize said company to build and operate a railroad from Cedartown, Georgia, to the Selma, Rome and Dalton Railroad, and for other purposes.

Mr. Paine, chairman of the Committee on Enroliment, submitted the following report :
Mr. Speaker:
The Committee on Enrollment report as duly enrolled, ready for the signature of the Speaker of the Honse of Representatives the following acts:
An act to amend sections 951, 952 and 953 of the Code, relative to the issuance of lost bonds or coupons, so as to apply the same to bonds or coupons as well as to lost bonds and coupons.
Also, an act to amend an act to incorporate the town of Talbotton, and for other purposes, assented to December 20, 1860.
Also, an act to alter and amend section 6 of an act to create a Board of Commissioners for the county of Gwinnett, and t0 prescribe and define the powers and duties thereof, approved August 26. 1872, and for other purposes.
Also, an act to prohibit the catching of fish for the

1234

JOURNAL OF THE HOUSE.

purpose of shipping or selling from the waters of the Little Ocmulgee River, in the county of Telfair, and to prescribe a penalty for the same.
Also, an act to aut.horize and empower the County Commissioners of Houston county to purchase property whenever and wherever put up for sale in said county, or elsewhere, under executions for State and county taxes, etc., and for other purposes.
Also, an act to amend an act, approved February 21, 1876, which amended an act, approved August 27, 1872, to create a Board of Commissioners of Roads, Public Buildings, Public Property and Finances for the county of Monroe, and for other purposes.
W. W. PAINE, Chairman.
Mr. Wright, from the Committee on Rules, submitted the following report:
Mr. Speaker :
The Committee on rulPs have had under considertion a resolution repPaling the rule prohibiting the granting of leaves of absence except for providential cause, which they recommend be not adopted.
The committee have also had under consideration a resolution providing that the House shall not grant more than ten leaves of absence in one day, by a twothirds vote, and that in all cases providential causes shall have preference, and be read first by the Clerk, which they recommend be not adopted.
The committee recommend that rule 14 of the House be amf'nded by striking out the words "or to postpone indefinitely," from the first clause or the same, so that the same shall read as follows :
The motion for the previous question shall take precedence of all other motions, except a motion to adjourn, or to lay on the table, etc.
The committee also recommend that rule 38 of the House be amended by adding the following thereto:

TuESDAY, AuGUST 26, 1879.

1285

"\Vhen in Committee of the "\Vhole upon any subject speP-ches shall be limited to ten minutes each, and no member shall be allowed to speak more than once to the same amendment, so long as any other member desires to be heard on thP. same; and when going into Committee of the whole it shall be competent for the House to indicate the time within which the committee shall rise and report to the House.
Respectfully submitted. A. 0. BAcoN, Chairman ; H. G. \V"RIGHT, R. L. McWHORTER,
w. M. HA::IDfOND,
H. G. TURNER.
The following bill was read the third time ; the evidencf' of the publication of the notice required by law was exhibited, and the bill pnssed, by the requisite constitutional majority, as amended ; yeas 94, nays none to- wit :
A bill to authorize the Ordinary of Fulton county to enter in a contract with the owner of the abstracts of title of Fulton county to furnish said abstract book and keep up the same for the benefit of the people of said county.
The following bill was read the third time; the report of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority; yeas 91, nays 1, to-wit:
A bill to declare more fully and explicity 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, etc., approved December 16, 1878.
The following bill was read the third time ; the evidence of the notice required by law having been published, was exhibited, and the bill passed, by substi-

1236

JoURNAL OF THE HOUSE.

tute, by the requisite constitutional majority; yeas 88, nays none, to- wit:
A bill to amend an act to establish a City Court in the city of Atlanta, and more particularly to regulate the payment of the insolvent costs, heretofore accrued, of th~ several officers of the said City Court, and to authorize and prescribe for the allowance and receipt of the several claims of the said officers on account of insolvent costs, when duly authenticated as prescribed by law, in payment of taxes and other claims due to the State.
Mr. Harrison offered the following resolution, which was read and agreed to, to-wit:
A resolution-
That the Messenger be ordered to have the sash replaced in the lower row of windows in this Hall.
The following bill was read the third timP, and the report of the committee was agreed to, to wit :
A bill to reduce certain larcenies after trust to misdemeanors.
On the question of the passage of the bill, Mr. Hulsey 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.-

Anderson of Morgan, Anderson of New10n, Anderson of Pulaski,
Bell, Bennett, Berry, Bird, Blcckley, Buchan, Butler, Butt, Chambers, Colley, Collins,

Greene of Madison, Hamilton, Harrell, Harp, Harris, Harrison, Hill, Hudson, Hulsey, Irvine, lvey,
Janes, Johnson of Clay, Jordan of Crawford,

Pope, Reese, Riden, Roach, Roberts, Roney, Russell, Shannon, Sharman, Sheffield of Miller, Sikes, Smith of Butts, Smith of Walton, Strother,

TUESDAY, .AUGUST 26, 1.379.

1237

Cox of Harris, Davis of Baker, Davison, Dozier, Duggar, Dupree, Duvall, Elder, Ford, Fort, Fuller, Garrard, Gray, Glover, Green of Baldwin,

Kendrick, Kimsey, Lang, Livingston. McConnell, McCurry, 1\fcGourick, Me vVhorter, Mynatt, Paine, Paull, Pe:kins, Phillips of Coffee, Phinizy,

Tate, Tatum, Turner of Brooks, Turner of Coweta, Vick, Walters, Walton, Welch, vVheeler, Wilcox, Wtlmo:, Wright. Yancey. Zellner.

Those voting in the negative are Messrs.-

Barksdale, Born, Brantley, Brintle, Cannon, Chapman, Cox of Troup, Daniel, DuBose, Fletcher,

Hanks, Hollis, Howell of Lowndes, Howell of Pickens, Humber, Hutchins. Luffman, McLucas, Milner,
Nor~hern,

Phillips of Carroll, Prescott, Sims, 8mith of Oglethorpe, Tarver, Williams of Columbia, Williams, C. W, Williams, F. J. Willingham, Wilson.

Those not voting are Messrs.-

Adams, Awtry, Barron, Branch, Burch of Laurens, Burch of Towns, Carr, Clegg, Cook, Crawford, Cunningham, Davis of Houston DeLoach, Dickin, Farnell, Fitzgerald, Gammage, Grant, Hall, Hammond,

Henderson, Hogan, Johnscn of Johnson, Jordan of. Wilkes, King, Kirby, Lamb, Mathews, JHaund, McAfee, McRae, McDonald, Miller of Houston, Miller of Liberty, Mitchell, Nisbet, Oliver, Park, Patterson,

Yeas .85 Nays 30. Not voting 58.

Peacock,

Phillips of Cobb,

Pike,

Polhi!l,

Poppell,

Puckett,

Rankin,

Redwine,

Rogers,

Scruggs,

Sheffield of Early,

Sibley,

'

Strickland,

Taliaferro,

Thomas,

Toole,

vVall,

vVeehunt,

Westbrook,

1238

JOURNAL OF THE HoUSE.

The necessary constitutional majority not voting in the affirmative, the bill was lost.
The following bill was read the third time; the report of the committee was agreed to, and the bill passed, by substitute, by the requisite constitutional majority; yeas 96, nays none; to-wit:
A bill to amend an act to provide a penalty for escapes from the chain-gang, and for other purposes, approved February 13, 1876, so as to change the terms of punishment prescribed by said net.
The following bill was read the third time ; the report of the committee was agreed to ; the evidence of the publication of the notice required by law was exhibited, and the bill passed, by substitute, by the re' quisite constitutional majority; yeas 93, nays none; to-wit:
A bill to provide one Commissioner of Roads and Revenues in the county of Forsyth, and to prescribe his powers and duties.
The action of the House on the above bill was ordered at once transmitted to the Senate.
The following bill was read the third time; the evidence of the publication of the notice required by law was exhibited, and the bill passed by the requisite constitutional majority; yeas 91, nays none; to-wit:
A bill to amend section 2 ot an act to repeal an act to incorporate the town of Hillsborough, in the county of Floyd, and all acts amendatory thereof and to incorporate the town of South Rome, in tile county of Floyd, striking the words "three commissioners," and inserting the words "five commissioners" in lieu thereof
Tile following bill was read the third time ; the report of the committee was agreed to, and the bill passe1, by substitute, by the requisite constitutional majority; yeas 93, nays none; to-wit.

TuESDAY, ..AuGu~T 26, 1879.

1239

A bill to define and enlarge the duties of the Attorney-General of this State, and for other purposes.
The House went into Committee of the Whole House for the purpose of considering a bill to appropriate monE>y to pay the E>xpenses of the special joint committee on wild lands.
Mr. MevVhorter, chairman of the Committee of the vVhole House: submitted the following report:

Mr. Speaker:

The Committee of the \Vhole House have had under

consideration a bi11 to appropriate a sufficient amount

of money to pay the expenses of the joint wild land

committee, appointed at this session. They have in-

structed me to report the bill back with a recommen

dation that it do pass, by substitute.

The bill was read the third time; the substitute pro

posed by the committee was adopted, and the report ot

the committee was agreed.



This being a bill for the appropriation of money, the

yeas and nays were required on the question of the

passage of the bill.

On calling the roll the vote was as follows:

Those voti.ag in the affirmative are Messrs

Anderson of Morgan, Hill,

Andersl'.r: of Newton, Hogan,

Ac:!erson of Pulaski,J Hollis,

Berry,

Howell of Lownde.,

Bird,

Howell of Pickens,

Bleckley,

Hudson,

Born,

Hulsey,

Brintle,

Humber,

Buchan,

Hutchins,

Butler,

Ivey,

Cannon,

Janes,

Carr,

Johnson of Clay,

Chambers,

Jordan of Crawford,

Chapman,

Jordan of Wilkes,

Colley,

Kendrick,

Collins,

Kimsey,

Cox of Harris.

Kirby,

Cox of Troup,

Lang,

Polhill, Pope, Prescott, Reese, Riden, Roberts, Rogers, Roney, Russell, Shannon, Sharman, Sheffied of Miller, Sibley, Sikes, Sims, Smith of Buu~,
Smith of Oglethorpe, Smith of Walton,

1240

J ouRN.AL oF THE HousE.

Crawford, Daniel, Davis of Baker, Davis of Hnu~t.on, Davison, Dozier, DuBose, Duvall. Fletcher, Garrard Grant, Uray, Greene of Baldwin, Greene of Madison, Hamilton, Hanks, Harrell, Harp,

Livingston, Luffman, McCurry, McDonald, :McLucas, l\ic '\Vhorter, Miller of Houston, Milner, )iynatt, Xisbet, Northern, Paine, Paull, Perkins, Philips of Cobb, Phillips of Coflee, Phinizy,

Strother, Tarver, Tate, Turner of Hrooi<e, Turner of Coweta, Vick, '\Valters, '\Velch, '\Vilcox,
Williams of ColumbiH, Williams, C. W. 'Willingham, Wilmot \Vilson,'
Wright, Yancey, Zellner.

Those voting in the negative are :Messrs.--

Bennett, Brantley, Duggar, Elder, Ford,

Fuller, Irvine, McAiee, McConnell,

::\IcGouirck, Roach, Tatum, Wheeler.

Thos~ not voting are :MeJsrs.-

.Adamo, Awtry,
Barksdale, Barron,
Bell, Branch,, Burch of Laurenij, Buch of fown~, Butt,
Clegg,
Cook, Cunningham, DeLoach, Dickin,
Dupree, Farnell,
Fitzgerala.
Fort,

Gammage, Glover, Hall, Hammond, Harris, Harrison,
Hender~on,
Johnson of Johnson, King, Lamb, Mathews, Maund, McRae, Uiller of Liberty, Mitchell, Oliver, Park, Patterson,

Peacock, Phillips ol Carroll, Pike, Poppell, Puckett, Rankin, Redwine, Scruggs, Sheflierl of Earlv, Strickland, Taliaferro, Thomas, Toole, Wall, \Valton, '\Veehunt,
F. '\Vestbrook
Williams, J.

Yeas 106. Nays 13. Not voting 54.

So the bill was pased by the requisite constitution: majority.

TUESDAY, AUGUST 26, 1879.

1241

On motion of Mr. Phillips, of Cobb, the rules were suspended, and the following bill introduced, read the first time, and referred to the Committee on the Judiciary, to-wit :
.A. bill to authorize the Governor of this State to appoint assessors to a(;t with assessors appointed by the land owners, and to condemn property for a site for a State Capitol.

The following bill was read the third time ; the evidence of the publication of the notice required by law was exhibited ; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority; yeas 91, nays none, to.wit:
.A. bill to authorize the county of Dougherty by its County Commissioners to issue bonds of said county for thirty thousand dollars, and to provide for the assessment and collection of an annual tax to pay the principal and interest of the same in compliance with article 7, section 7, for the purchase of the bridge across Flint River, at Albany, for the use and benefit of said county.

The following bill was read the th~rd time ; .the evi~ence of the publication of the notice required by law was exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 95, nays none, to-wit :
A bill to authorize the Board of Commissioners of Decatur County to issue bonds, not to exceed $4,000, and inteiest not exceeding 8 per cent per annum, for the purpose of building a bridge over the Flint River, at or near Bainbridge, Decatur county, Ga.
The fol~owing message was received from his Excellency, the Governor, through Mr. Avery, his Secretary, to. wit:
79

1242

JOURNAL OF THE HOUSE.

Mr. Speaker:
His Excellency, the Governor, has approved and signed the following acts, to-wit:
.An act to prohibit the sale or furnishing of spirituous, malt, or other intoxicating liquors within McDuffie county, and to provide a punishment for the same .
.Also, an act to repeal an act consolidating the offices of ClP.rk of the Superior Court and County Treasurer of Paulding county, approved Fehruary 22, 1877.
Also, an act to amend section 1676 of the Code of Georgia, with reference to the creation of private corporations by the courts of this State.
Mr. Harrison, chairman pro tem. 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 bill, which they find incapable of consolidation with any other local bill or bills, now in their possession, and herewith report the same back to the House for a first reading, and with the recommendation that it be referred to an appropriate committee, to-wit :
.A bill to be entitled an act to repeal an act, approved February 27, 1877, creating a County Court for the county of Dodge.
Respectfully submitted.
W. H. HARRISON, Chairman protem.

The following bill was read the third time ; the report of the committee was agreed to ; evidence of the publication of the notice required by law was exhibited, and the bill passed by the requisite constitutional majority; yeas 104, nays none, to-wit :

TuESDAY, AUGUST 26, 1879.

124B

.A. bill to amend an act to incorporate the town of
Eastman, in the county ot Dodge; to define the limits of
the same, etc., approved December 15, 1871.
The following bill was read the third time ; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority ; yeas 91, nays none, to-wit :
.A. bill to amend paragraph 4569 of the Code of 1873, in reference to buying or selling votes, and changing the penalty thert~for.
On motion of Mr. Turner, of Brooks, the rules were suspended, and the following bill taken up for a third reading, to- wit :
.A. bill to carry into effect article 5, section 1, para~ agraph 18 of the Constitution of 1877, which declares that the General Assembly shall have authority to provide by law for the suspension of either the Treasurer or Comptroller General of the State from the discharge of the duties of their offices, and also for the appoint~ ment of a suitable person to discharge the duties of the same.
Pending the consideration of the bill, the time of the House was prolonged till the bill could be disposed of.
On motion of Mr. Miller, of Houston, the bill and substitute were recommitted to the Committee on the Judiciary.
Leave of abst:>nce was granted to Mr. Glover and Mr. Butt, on account of sickness, and to Mr. Peacock, on important business.
Mr. Wright raised the point of order that under the rules no leave of absence could be granted except for providential cause.
The Speaker (Mr. Cox, of Troup, in the chair) ruled the point well taken.
Mr. Strother appealed to the House, and the House sustained the ruling.

1244

JouRNAL oF THE HousE.

On motion of Mr. Russell, the House then adjourned till 3:30 P. M.

3:30 O'CLOCK P. :M.
The House reassembled, and was called to order by the Speaker.
The following bills were read the second time, towit:
.A. bill to create a County Court in each county in this State.
.Also, a bill to prescribe the practice in claim cases, and for other purposes.
.Also, a bill to make it a high misdemeanor for any official or clerk in any department to receive any money for influencing, or attempting to influence, the action of the Governor or the head of any department.
.Also, a bill to incorporate the Hutchinson's Island Canal Company.
.Also, a bill to authorize the Mayor and .Aldermen to build an aqueduct from the city of Savannah to such point on the Savannah River as they may select.
.Also, a bill to incorporate the Savannah Trust and Safe Deposit Company.
M. Willingham moved to adjourn. No quorum voting, he demanded a call of the House.
The roll was called, and no quorum answered. Mr. \Vright inoved that the Door-Keeper be sent out after the absentees. On motion of Mr. Hanks, the House then adjourned till9 A.M. to-morrow.

WEDNESDAY, ..t\.UGWT 27, 1879,

1245

ATLANTA, GEORGIA,
Wednesday, August 27, 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 answered to their names :

Those present were Messrs.-

Adams,

Hammond,

Anderson of Morgan, Hamilton,

Anderson of Newton, Hanks,

Anderson of Pulaski, Harrell,

Awtry,

Harp,

Barksdale,

Harris,

Barron,

Harrison,

Bell,

Hender><>n,

Bennett,

Hill,

Berry,

Hogan,

Bird,

Hollis,

Bleckley,

Howell of Lowndes,

Born,

Howell of Pickens,

Branch,

Hudson,

Brantley,

Hulsey,

Brintle,

Humber,

Buchan,

Hutchins,

Burch of Laurens,

Irvine,

Burch of Towns,

Ivey,

Butler,

Janes,

Cannon,

Johnson of Clay,

Carr,

Johnson of Johnson,

Chambers,

Jordan of Crawford,

Chapman,

Jordan of Wilkes,

Colley,

Kendrick,

Collins,

Kimsey,

Cox of Harris,

King,

Cex of Troup,

Kirby,

Crawford,

Lang,

Dan it!,

Livingston,

Davis of Baker,

Luffmon,

Davis of Houston,

Mathews.

Davison,

McAfee,

DeLoach,

McConnell,

Dickin,

McCurry,

Dozier,

McDonald,

DuBose,

McGouirck,

Phillips of Canol], Phillips of Cobb, Phillips of Coffee, Phinizy, Pike. Polhill, Pope, Poppell, Prescott, Puckett, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney,
Russell, Scruggs, Shannon, Sharman, Sheffield of Miller, Sibley, Sikes,
Sims, Smith of Butts. Smith of Oglethorpe, Smith of Walton, Strother, Tarver, Tate, Tatum, Thqmas, Toole, Turner of Brooks, Turner of Coweta, Wall,

1246

JOURNAL OF THE HoUSE.

Duggar, Dupree, Duvall, Elder, Farnell, Fletcher, Ford, Fort, Fuller,
Gammage, Garrard, Grant, Gray, Greene of Ba.dwin, Greene of Madison,

McLucas, McWhorter, Miller of Houston, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Perkins,

walters,
'Val ton, Welch, Westbrook,
'Vhee1er, Wilcox:. Williams of Columbia, Williams, C. W.
Williams F. J.
Willingham, Wilmot, Wilson, Wright, Yancey, Zellner.

'fhose absent were Messrs.-

Butt, Clegg, Cook, Cunningham, Fitzgerald, Glover,
Present, 156.
Absent, 17.

Hall. Lamb, Maund, McRae, Miller of Liberty, Rankin,

Sheffield of Early, Strickland, Taliaferro, Vic it", Weehunt.

Mr. Sikes, from the Committee on J onrnals, reported the Journal of yesterday examined and approved.
The Journal was then read and confirmed.
Mr. Hulsey moved to reconsider so much of the Journal as relates to the action of the House upon a bill to reduce certain larcenies after trust to misdemeanors.
The motion to reconsider prevailed. Mr. Hulsey moved to suspend the rules for the purpose of taking up and passing said bill. Mr. Cox, of Troup, called for the yeas and nays on the question of suspending the rules. The call was not sustained. The rules were suspended. The bill was read the third time, and the report of the committee was agreed to. On the question of the passage of the bill, Mr. Cox, of Troup, called for the yeas and nays.

WEDNESDAY, .AUGUST 27, 1879.

1247

The call was sustained, and on calling the roll the tote was as follows :

Those voting in the afthmative are Messrs.-

Adams, .Anderson of Morgan, .Anderson of Newton, .Anderson of Pulaski,
Barksdale, Bell, Bennett,
Berry, Bird,
Bleckley, Branch,
Butler,
Carr, Chambers
Colley, Collins,
Cox of Harris, Davis of Houston, Dickin, Dozier, Dugg:tr,
Dupree, Duvall, Elder, Ford, Fort, Fuller,
Gammage, Garrard,
Grant,
Gray,'; Greene of Baldwin, Greene of Madison,
Hamilton,
Harrell,

Harp,
Harris, Harrison,
Henderson,
Hill, Hogan,
Hudson,
Hulsey, Irvine,
Ivey,
Janes, Johnson of Clay, J obnson of J ohnRon,
Jordan of Crawford,
Kendrick,
Kimsey, King, Kirby,
Lang, Livingston, Mathews, McAfee, McConnell, McCurry, McGourick,
Me "\Vhorter, Milner, Mitchell,
Mynatt, Nisbet,
Paine, Patterson, Paull,
Perkins,
Phillips of Coffee,

Phinizy,
Pike, Pol hill,
Pope, Prescott,
Redwine,
Reese,
Roach, Roberts,
Rogers,
Roney, Russell, Shannon,
Sharman,
Sibley,
SikeR, Smith of Butts, Smith of Walton
Strother, Tarver, Tate, Tatum, Thomas, Turner of Brooks, Viele,
'Valters, Walton, Welch,
Wheeler, Wilcox, Williams, F. J. Wilmot. Yancey
Zellner.

Those voting in the negative are Messrs.-

Born, Brintle, Cannon,
Chapman, Cox of Troup, Crawford,
Daniel,
navi~on,
Fletcher

Hanks,'
Hollis, Howell of Lowndes,
Howell of Pickens,
Humber, Hutchins, Luffman,
Miller of Houston, Northern,

PhillipP of Carroll, Phillips of Cobb, Puckett, Riden, Sims, Smith of Oglethorpe, Williams of Columbia, Williams, C. W.,

1248

JouRNAL OJ! THE HousE.

Those not voting are Messrs.-

Awtry,
Ba~ron,
Brantl!'y, Buchan, Burch of Laurens, Burch of Towns, Butt, Clegg, Cook, Cunningham, Davis of Baker, DeLoach, DuBose,
Farnell, Fitzgerald,

Glover,
Hall, Hammond, .Jordan of Wilke~~, Lamb,
Maund, McDonald, McLu<!as,
McRae, Miller of Liberty,
Oliver,
Park, Peacock,
Poppell,

Yeas 104.

Nays 26.

Not voting, 43.

Rankin,
Scrugg~~,
ShefFPid of Early, Sheffield of l1iller, Strickland, Taliaferro, Toole, Tnrner of Coweta, Wall, Wee hunt, Westbrook, Willingham, Wilson, Wright.

So the bill, the title of which is as follows, was passed by the requisite constitutional majority; yeas 104, nays 26; to-wit:
A bill to reduce certain larcenies after trust to misdemeanors, where the conversion is less than fifty dollars.
Mr. -King offered the following resolution, to-wit:

A resolution-

That this House, with the consent of the Senate, take a recess 'after this day till Monday next at 9 o'clock A. lii., and that it is the sensP. of this House that they are entitled to neither mileage nor per diem during said recess.
Mr. Wright moved to strike out all after "9 o'clock
A. li."
Mr. Miller, of Houston, called for the previous question.
The call was sustained, and the mai.n question ordered.
Mr. Davison called for the yeas and nays on the amendment proposed by Mr. Wright.

WEDNESDAY, AUGUST 27, 1879.

1249

The call was not sustained. The amendment was adopted. Mr. Mathews called for the yeas and nays. Mr. King asked leave to withdraw the resolution. The resolution was withdrawn by a vote of the majority of the members present.
On motion of Mr. Crawford, the rules were suspended and the following bill recommitted to the Committee on the Judiciary, to-wit:
A bill for the relief of James Johnson and Lemuel T. Downing, and the heirs-at-law of Aaron Alexander.
The regular order of the day, the call of the roll of counties was taken up.
The following bill was introduced, read the first time, and referred to the Committee on the Judiciary, towit:
By Mr. CannonA bill to change section 191 of the Code of 1873, relative to the pay of members of the General Assembly.
1\fr. Cannon also offered the following resolution, which was read and referred to the Committee on the Penitentiary, to-wit:
A resolution-
Authorizing and directing the Governor to instruct the Principal Keeper of the Penitentiary to deliver to the Cartersville and Van Wert (now Cherokee) Railroad Company from the convicts of the State a force sufficient to complete the grading ot said railroad.
By a two-thirds vote, yeas 89, nays none, the following bill was introduced, read the first time and referred to the Committee on Corporations, to-wit:
By Mr. ButlerA bill to ame~d thecharterofthetown of St. Mary's and the several acts amendatory thereof.

1250

JoURNAL OF THE HOUSE.

By a two.- thirds vote, yeas 89, nays none, the follow ing bill was introduced, read the first time, and reterred to the Committee on the Judiciary, to-wit:
By Mr. ButlerA bill to amend an act requiring the registration of votPrs in the county of Camden. Mr. Yancey offered a memorial, w:1ich, without being read, was referred to the Committee on Agriculture. The following bill, having been considered by the Committee on Local and Special Bills, and reported back for a first reading, was read the first time and referred to the Committee on the Judiciary. By Mr. BuchanA bill to repeal an act to cr~>ate a County Court in each county of the State, except certain counties therein named, so far as the same relates to the county of Dodge. By a two-thirds vote, the following bill was introduced, yeas 89, nays none, read the first time, and referred to the Committee on the Judiciary. By Mr. Tate- A bill to amend the act creating a County Court in each county in the State, except certain counties therein mentioned, so as to provide for the appointment of a Solicitor for the County Court of Elbert county.

The following message \\"as received from the Senate, through Mr. Harris, Secretary thereof':
Mr. Speaker:
The Senate has concurred in the amendments of the House of Representatives the following Senate bill, towit:
A bill to be entitled an act to amend an act carrying into effect paragraph 2, section 18, article 6, of the Constitution of 1877, and for other purposes.

WEDNESDAY, AUGUST 27, 1879.

1251

The Senate has also passE-d the following bills, and

ask the concurrence of the House therein :

A bill to be entitled an act requiring Receivers and

Collectors of taxes in this State to return by name

dealers in spirituous, vinous and malt liquors or intox-

icating bitters, and to give the amount of special tax

paid by each dealer or :firm, any person from whom a

special tax has been received, and the date of said pay-

ment, and for other purposes.

'

Also, a bill to be entitled an act to make certain in-

closures therein defined a la"Vful fence, and to extend

to the same existing provisions of law on the subject of

lawful fence.

Also, a bill to be entitled an act to amend section 66i of the Revised Code of 1873, in relation to the amount of the fine to be imposed upon Road Commissioners.

The Senate has also concurred in the Honse resolution to authorize the payment of the per diem of certain deceased members, with an amendment, in which they ask the concurrence of the House.

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

Mr. Speaker:
The Committee on Finance have had under considera tion the following bill and resolution, which they recommend do not pass, to-wit:
A bill to be entitled an act to appropriate a sufficient sum of money to enable the Ladies' Memorial Association of the city of Americus to disinter, remove andrebury the remains of the Confederate dead at Andersonville, Ga., to Americus, Ga., and to provide economical head stones for the same.
Also, a resolution appropriating seven hundred and fifty dollars for the purchase of a portrait of John

1252

JOURNAL OF THE HOUSE.

Milledge, and for the repair of the portraits now in the Hall of the House of Representatives.
In submitting this report, the committee instruct me, as their chairman, to say that while they are in sympathy with the objects of the proposed measures, they feel that the limit imposed by the Constitution on the exercise of the powers of taxation, restrains them from rec()mmending the appropriations.
Respectfully submitted. N. L. HuTCHINS, Chairman
Mr. Livingston, chairman of the Committee on .Agriculture, submitted the following report :
Mr. Speaker:
The Committee on .A.~riculture have had under consideration the following bill, which they recommend do pass, to-wit:
.A. bill to be entitled an act to prohibit hunting on the land of another in the counties of Jones, Montgomery and Tatnall, and to prohibit fishing in waters on the lands of another in the county of Tatnall.
L. F. LIVINGSTON, 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, which they recommend do not pa!'s, to-wit:
.A. bill to be entitled an act to establish a thorough system of common schools, as nearly uniform as prac. ticable, throughout the State of Georgia, and to repeal all existing laws in confiict with the provi~ions of this act.
W. J. NoRTHERN, Chairman.
On motion of Mr. Paine, the rules were suspended,

vVEDNESDAY, AUGUS'l' 27, 1879.

1253

and the Senate amendments to the following joint resolution concurred in, to-wit:
A resolution-
Relative to the payment of the per diem of deceased members to the families of said deceased members.
The action of the House was ordered at once transmitted to the Senate.
The following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to-wit:
By Mr. HulseyA bill to allow motions for new trials, founded on verdicts or judgments rendered on the trial of pleas in abatement, and other collateral issues to be made and determined, or bills of exception to be certified after the verdict or judgment. By Mr. MeWhorter-
A bill to amend section 2844 of the Code of Georgia. By Mr. DickinA bill to carry into effect aragraph 9, section 4, article 6 of the Constitution of the State, to provide for the appointment of some proper person to preside in cases where the presiding Judge is from any cause disqualified. By Mr. DavisonA bill to carry into effect section 6, article 1 of the Constitution. By Mr. BirdA bill to declare it unlawful for any Solicitor-Gen eral in this State to discharge a prison~r from the custody of the jailor. By Mr. McGouirckA bill to amend section 4372 of the Revised Code.
Mr. Paine, Chairman of the Committee on Enrollment, submitted the following report:

1254

JOURN.A.L OF THE HOUSE

Mr. Speaker:
The Committ3e on Enrollmer1t report as duly enrolled, signed by the Speaker of the Hou:se of Representatives, President of the Senate, and delivered to his Excellency, the Governor, the following acts, towit:
An act to amend section 951, 952 and 953 of the Code relative to the issuance of lost bonds, so as to apply the same to bonds or coupons as well as to lost bonds and coupons.
Also, an act to amend an act to incorporate the town of Talbotton, and for other purposes, assented to December 20, 1860.
Also, an act to alter and amend section 6 of an act to create a Board of Commissioners for the county of Gwinnett, and to prescribe and define tbe powers and duties thereof, approvt>d August 26, 1'372, and for other purposes.
Also, an act to prohibit the catching of fish for the purpose of shipping or selling from the waters of Little Ocmulgee, in the county of Telfair, and to prescribe a penalty for the same.
Also, an act to authorize and empower the County Com missioners of Houston county to purchase property whenever and wherever put up for sale under executions for State and county taxes, and for other purposes.
Also, an act to amend an act, approved February 21, 1676, which amended an act, approved August 27, 1872, to create a Board of Commissioners of Roads, Public Buildings, Public Property and Finances for the county of Monroe, and for other purposes.
They also report 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 Senate acts, to-wit:

WEDNESDAY, AUGUST 27, 1879.

1255

An act to carry into effect paragraph 18, section 7, article 3, of the Constitution, by prescribing the manner in which corporate po1vers may be granted.
Also, an act to amend an act carrying into effect paragraph 2, section 1M, article 6, of the Constitution of 1877, and for otht>r purposes.
W. W. PAINE, Chairman.

The following bills wero introduced, read the first time, and referred to the Committee on Finance :
By l\ir. MynattA bill to give the consent of the State to the condemnation of certain property of the State on Spring street, in the city of Atlanta.
By l\fr. HutchinsA bill to repeal an act to prevent the hnrning of gin honsAs in this ~tate by offering a reward for the apprehension of the incendiary, approved March t>, 1875. By Mr. RedwineA bill to regulate and prescribe the compensation of the Secretary of the Senate and Clerk of the House of Representatives and their assistants. By Mr. DavisonA bill to repeal section 191 of tht- Revised Code, which provides for the pay of members of the Legislature who die during the session, etc.
The following bills were reported back by the Committee on Local and Special Bills, read the first time, and referred to appropriate committees:
By Mr. CleggA bill to repeal an act establishing a County Court in the counties of Dougherty and Lee, so far as the same relates to the county of Lee. Referred to the Committee on the Judiciary. By Mr. CollinsA bill to provide for the compensation of the Com-

1256

JOURNAL OF THE HoUSE.

missioners of Roads and Revenues for the county of Mitchell.
Referred to the Committee on Finance.
On motion of Mr. Carr, the rules were suspended and the following Senate bill taken up and read the second time, to-wit:
A bill to carry into efft>ct section 1, paragraph 3, article 11 of the Constitution, prescribing the manner o:( changing county lines.
On motion of Mr. Milner, the rules were suspended and the following bill taken up and read the second time, to-wit:
A bill to establish a system of public schools for the city of Cartersville, and to provide for the support and maintenance thereof.
Mr. Smith, of OglethorpE:l, offered the following resolution, to-wit:
A resolution-
Providing for three sessions per day of this House, and limiting the time of speeches.
The resolution was not agreed to. Mr. DuBose moved to suspend the rules for the purpose of taking up a bill to create a County Court in each county in this State, and to have thP. same printed
The motion prevailed, and Mr. DuBose then moved that three hundred copies of the substitute be printed, and Mr. Hudson proposed to amend by adding, "be made the special order for Monday week, the 8th of September.''
The motion, as amended, prevailed. The following bill was read the third time ; the report of the committee was agreed to, and the bill passed, as amended, by the requisite constituti<.mal majority; yeas 90, nays none, to- wit : A bill to make it a high misdemeanor, and punisha-

WEDNESDAY, AUGUST 27, 1879.

1257

ble as presl}ribed therein, for any official, or clerk, or employee of any official, etc.
The following bill was read the third time; the report of the committee was agreed to.
On the question of the pastage of the bill no quorum voted, and the Speaker ordered a call of the House.
On calling the roll one hundred and fifteen members answered to their names.
The bill was then laid on the table, and is as follows, to-wit:
A bill to prescribe the practice in claim cases. The following bill was laid on the table, to-wit: A 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, etc. The following bill was read the third time ; the amendments proposed by Mr. Humber were adopted, and the bill recommitted to the Committee on the Judiciary, to-wit: A bill to make the employment of any minor, without the consent of parent or guardian, a misdemeanor. The following bill was read the third time ; the report of the committee was agreed to ; the evidence of the publication of the notice required by law was exhibited, and the bill passed by the requisite constitutional majority; yeas 106, nays none, to-wit: A bill to authorize the Ordinary of Ciarke county to issue 4 per cent. bonds to substitute for bonds now outstanding. The following bill was read the third time ; the evidence of the publication of the notice required by law was exhibited, the report of the committee was agreed to, and the bill passed, as amended, by the reqnisite constitutional majority; yeas 101, nays none, to-wit: A bill to authorize the Mayor and Council of the city of Athens to use the money paid by the Southern Mu-
80

1258

JouRNAL o.F THE HousE

tual Insurance Company as a tax on gross premiums for the year 1879, for the purpose of building cisterns in the city of Athens.
The following bill was read the third time ; the evi. dence of the publication of the notice required by law was exhibited, and the bill passed, as amended, by the requisite constitutional majority; yeas 92, nays none, to-wit:
A bill to incorporate the Athens 'rransfer Railroad Company.

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 con sideration the following bills, which they recommend do pass, to-wit :
A bill to be entitled an act to amend section 4373 of the Revised Code of Georgia of Ul73, so as to make the the wife a. competent witness in cases of abandonment.
Also, a bill to be entitled an act to create and organize a Board of Commissioners of Roads and Revenues for the county of Fulton ; to define their powers, and for other purposes.
The committee find that the proper notices required by law have been given of intention to apply for the passage of the last bill.
The committee have also had under consfderation the following bills, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to provide for the appointment of a prosecuting attorney for the county of Pulaski, and define his duties.
The committee find that the proper notices required by law have been given of intention to apply for the p::tssage of this bill.

WEDNESDAY, AUGUST 27, 1879.

1259

The committee have also had under consideration. the following bill, 'which they report back with the recommendation that the introducer be allowed to withdraw it, to-wit:
A bill to be entitled an act to amend an act, approved Febr.uary 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, etc., within the corporate limits of the town of "~arrenton, etc.
The committee find that the proper notices required by law have not been given of intention to apply for the passage of this bil I.
The committee have also had under consideratlon the following bills, which they recommend do not pass, to-wit:
A bill to be entitled an act to alter and amend section 4155 of the Revised Code of Georgia of 1873, as to continuances in Justices' Courts of this State.
Also, a bill to be entitled an act to authorize the Mayor and Aldermen of the city of Savannah, whenever they shall pave the roadway of any strPet or Jane, etc., etc., to assess upon the owners of lots abutting on so much of such street or lane, as may be so improved, two-thirds of tlie cost of such improvement pro rata to the assessed value of said lots, and for other purposes.
The committee find that the proper notices required by law have been given of intention to apply for the passagP. of the last bill.
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, and rPady for the signature of' the Speaker of the

1260

JoURNAL OF THE HOUSE.

House of Representatives, the following joint resolution, to-wit :
A resolution-
Authorizing the payment of the per diem of certain members of the House of Representatives and Senate.
W. \V. PAINE, Chairman. 'rhe iollowing leaves of absence were granted : To Messrs. Hudson, Janes, McCurry, and Green of Baldwin, on account of business; and to Messrs. Oliver and Brantley on account of sickness, and to Mr. Cannon on b nsiness. The hour of 1 o'clock having arrived, the House adjourned till 3:30 o'clock P. M.

3:30 0' CLOCK P. M.
The House reassembled, and was called to order by the Speaker.
The following bills were read the second time, towit:
A bill to amend section 4373 of the Code, so as to make the wife a competent witness in case of abandonment.
.Also, a bill tv create a Board of Commissioners of Roads and Revenues for the county of Fulton, and to define its powers and duties, a:nd define the terms of office of the Commissioners.
Also, a bill to amend the act creating the State Board of Health.
Also, a bill to amend an act to consolidate, supercede, and amend an act incorporating the tow.n of Carrollton, in the county of Carroll, and to regulate the sale of intoxicating liquors.
Also, a bill to repeal an act to regulate the compen-

WEDNESDAY, AUGUST 27, 1879.

1261

sation of Tax-jteceiver and Tax- Collector and County TrJasurer of Calhoun county.
Also, a bill to repeal an act to consolidate certain offices in the county of Calhoun.
Also, a bill to amend the road laws of the State, so far as they relate to the county of Burke.
. Leave of absence was granted from the afternoon se-ssion to the Committee on the Penitentiary.
On motion of Mr. Thomas, the bill last read was re-
committed to the Committee on the Judiciary.
Also, a bill to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Bullock, and to increase the fee for the same to $5,000.
Also, a bill to change the time of holding the Superior Court in the county of Bullock.
Also, a bill to anthorize the County Commissio!lers of Bibb county to purchase property put up for sale for State or county taxes due in said county.
Also, a bill to repeal an act approved February 26, 1877, authorizing and requiring the County Commissioners of Bibb county to pay all necessary and proper expenses incurred in conducting elections in said county.
Also, a bill to amend section 4637 of the Code of Georgia in reference to the statements of prisoners in cases of felony.
Also, a bill to repeal an act to make minors parties to proceedings in the courts of this Sta.te, approved February 25, 1876.
Also, a bill to exempt from jury duty certain persons therein named, to-wit: ministers of the Gospel, physicians, apothecaries and active firemen.
Also, a bill to amend an act to prevent monopolies in the transportation of freights, and to secure free

1262

JouRNAL oF THE HousE.

competition in the same, approved February 28, 1874, and to add an additional section to the same.
Also, a bill to exempt the banks chartered under the laws of this State from the payment of special or specific taxes on business.
Also, a bill to increase the terms and regulate the times of holding the Superior Court of the county of Bibb.
Also, a bill to amf'nd section 3623 of the Code of 1873.
Also, a bill to carry into effect paragraph 2, section 18, article 6, of the Constitution of 1877, so as to pro- vide for the revision of the jury-box.
Also, a bill to relieve the l\facon and Augusta Railroad Company from an over assessment of taxes for the yt>ars 1874, 1875, 1876, and 1877.
Also, a bill to require the Judge of the Superior Court of l\facon county to transfer all cases of misdemeanor to the County Court of said county.
Also, a bill to change the law in regard to Grand Juries, so as to change the nnmber of panels required in Pulaski Superior Court from two to one.
Also, a bill to prevent the dismissal of cases in the Supreme Court of this State on account of defects in the record.
Also, a bill to repeal an act to abolish the office of County Treasurer in the county of Pulaski, and to provide for the discharge of the duties of said office until an election can be held.
Also, a. bill to provide for the appointment of a prosecuting attorney in and for the county of Pulaski.
Also, a bill to amend an act to amend section 4441 of the Code with reference to illegal hunting on enclosed lands with dogs or guns.
Also, a bill to provide for the selection and empan. nelling of juries in capital cases.

WEDNESDAY, AUGUFIT 27, 1879.

1263

Also, a bill to incorporate the Augusta Savings Bank.
Also, a bill to prohibit the retail of spirituous liquors, except for medical or mechanical purposes, in the county of Morgan.
Also, a bill to amend the city charter of West Point. Also, a bill to authorize the Comptroller-General to accept as a basis of taxation of the Upson County Railroad for the four years H is in def~:mlt the taxable value thereof as dP.termined by arbitration for the year 1878, and relieve said road from penalties attached be0.1use of said default. Also, a bill to repeal an act to change and regulate the school system in the counties of \Vare, Echols, ~owndes, Berrien, Charlton, Dodge and Clinch, so far as relates to the county of Lowndes. Also, a hill to provide for the preservation of order on the railroads of this State. Also, a bill to amend the charter of the Barnard and Anderson Street Railroad, so as to extend the road bed. Also, a bill to repeal an act to require the registration of votPrs of Mcintosh county. The following leaves of absence were granted: To Mr. Willingham, on account of sickness ; to Mr. Bird and Mr. Tarver, on account of business, and to a sub-committee of three to visit the camps on the Marietta and North Georgia Railroad. The House then adjourned till 9 A.M. to-morrow.

1264

Jou~NAL o:r THE HousE.

ATLANTA, GEORGIA,

Thursday, August 28, 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 answered to their names :

Those present were Messrs.-

Adams, Andeson of Morgan, Anderson of Newton,
Anderson of Pulaski,
Awtry, Barksdale,
Bell, Bennett, Berry, Bird
.Bleck ley,
Born, Branch, Brintle, Bnchan,
Butler, Butt,
c~nnon,.
Carr, Chambers, Chapman,
Clegg, Colley,
Collins,
Cook, Cox of Harris, Cox of Troup,
Crawford, Daniel, Davis of Baker, DaYis of Houston,
DaYison, DeLoach Dickin, Dozier,
DuBose, Duggar,
Dupree,

Hamilton. Hanks,
Ha':TeU, Ha..-p, Han-is, Harrison,
Henderson, Hill, Hogan, Hollis. Howell of Lowndes, Howell of Pickens, Hudson,
Hulsey, Humber, Hutchins,
lrYine,
Ivey, Janes, Johnson of Clay, Johnson of .Tohnson, Jordan of Crawford,
Jordan of '"'ilkes, Kendrick,
Kimsey, King,
Kirby, Lang, LiYingston, Luffman,
:Mathews, l\IcAfee, 1\IcConnell,
McCurry, 1\IcDon:tld,
~IcGouirck,
McLucas,
McWhorter,

Perkins, Phillips of Carroll,
Phillips of Cobb, Phillips of Coffee, Phini.zy
Pike, Polhill,
Pope, Prescott, Puckett, Re:lwine
Reese, Riden, Roach, Roberts,
Rogers, Roney, Russell,
Scruggs, Shannon, Sharman
Sheffield of Miller,
Sibley,
Sikes, Sims
Smith of Butts, Smith of Oglethorpe, Smith of Walton,
Strickland, Strother,
Tate, Tatum, Thomas, Turner of Brooks, Turner of Coweta, Vick, '\Vttlters,
Walton,

THURSDAY, AUGUST 28, 1879.

1265

Duvall, Elder,
Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray, G 1o'"er, Greene of Baldwin, Greene of Madison, Hammond,

1\liller of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet,
Nor~hern,
Oliver, P:o.ine, Park, Patterson, Paull, Peacock,

Those absent were Messrs.-

Barron,
Brantley, Burch of Laurens,
Burch of Towns, Cunningham,
Farnell, Fitzgerald,

Hall, Lamb,
Maund, 1\IcRae,
Poppell, Rankin,

Present, 154. Absent, 19.

Welch, Westbrook, Wheeler, Wilcox, Williams of Columbia, Williams, C. W. Williams, F. J. Willingham, Wilmot, Wilson, Wright, Yancey, Zellner.
Sheffield of Early, Taliaferro, Tarver, Toole, Wall, Weehunt,

Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal was then read and confirmed.
On motion of Mr. Northern, the following House bill was taken up and the Senate amendment concurred in, and the action of the House Lrdered at once transmitted to the Senate, to-wit:
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.
On motion of Mr. Buchan, the following bill was recommitted tothe Committee on the Judiciary, to-wit:
A bill to amend section 2965 of the Code. On motion of Mr. Awtry, the following bill was withdrawn, to- wit :
A bill to amend the city charter of west Point.

1266

JOURNAL OF THE HoUSE.

The following bill was read the third time.. and pass,..d, by the requisite constitutional majority; yeas 101, nays none, to-wit:
A bill to ame-nd section 4373 of the Revised Code of Georgia of 1873, so as to make- the wife a competent witness of abandonment.
The following bill was rea<'l the third time; the evidence of the publication of the notice required by law was exhibited, and the bill passed by the requisite constitutional majority; yeas 106, nays none; to-wit:
A bill to create and organize a Board of Commissioners of Roads and Revenues tor the county of Fulton; to define their powers, and for other purposes.
The following bill was read the third time ; the report of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority; yeas 98, nays none, to-wit:
A hill to amend paragraph 4569 of the Code of 1873, in reference to illegal voting by changing the penalty for the same.
The following bill was read the third time ; the report of the committee was agreed to. and the bill . passei, as amended, by the requisite constitutional majority; yeas 100, nays none, to-wit;
A bill to allow persons at interest to be made parties plaintifi in cases where a chose in action is assigned for a twelve months' support in the manner that representatives of estates are now made parties.
The following bill was read the third time ; the evidence of the publication of the notice required by law was exhibited, and the bill passed, by the requisite constitutional majority ; yeas 99, nays none, b-wit:
A bill to withdraw all rights, etc., heretofore granted to the Arnett Bridge Company, etc.
The following bill was read the third time; the evidence of the publication of the notice required by law

l'HURSDAY, AUGUST 28, 1879.

1267

was exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 98, nays none, to-wit:
A bill to authorize the corporation of the city of Bainbridge to levy a tax for the purpose of establishing and maintaining public schools in and for the municipa1ity of Bainbridge under and in conformity to section 3, article 8 of the Constitution of Georgia_
The following bill was read the third time, the evidence 0f the publication of the notice required by ]aw was exhibited, and the bill passed by the requisite constitutional majority; ypas 97, nays none, 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 ; provide for a 1\fayor::~nd Conncir; prescribe their powers and duties, 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 enroBed, ready for the signature of the Speaker of the House of Representatives the following acts, to-wit:
An act to amend section 4747 of the Code of 1873, on the subject of bail in criminal cases.
Also, an act to amend the acts incorporating the Georgia Banking and Trust Company, so as to provide for the reduction of its capital stock.
Also, an act to amend an act to establish a new charter for the city of Atlanta, approved Febrnary28, 1874, and the several acts amendatory thereof, and for other purposes therein mentioned.
Also, an act to authorize and provide for the organization of chain-gangs for misdemeanor convicts in this State.

1268

JouRNAL oF THE HousE.

Also, an act to amend the charter of the town of Crawfordville, so as to authorize the Town Council of said incorporation to levy a special license tax on the sale of spirituous or malt liquors within said incorporation.
Also, an act to create a city govern~ent for the town of Eatonton, in Putnam county, and to confer upon the authorities thereof certain powers in lieu of the present town government, and for other purposes.
W. \V. PAINE, 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 tinder con-
sideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to provide for the payment of certain insolvent costs in felony cases.
The committee have also had under consideration the following bill, which they report back with the recommendation that the introducers be allowed to withdraw them, to-wit :
A bill to be entitled an act to provide for the payment of witnesses for the defendant in criminal prosecutions before the SupE>rior Courts of this State) attending in a different county from that of their residence, in certain cases.
Also, a bill to be entitled an act to carry into effect paragraph 18, section 7, article 3 of the Constitution of 1877, by prescribing by law the manner in which corporate powers and p,rivileges may be granted, and amendments m.ade tv such grants, and existing grants made heretofore by the courts and General Assembly, to private companies, except banking, insurance, railroad, canal, navigation, express and telegraph companies.

'fiiURSDAY, AUGUST 28, 1879.

1269

Also, a bill to be entitled an act to allow fees to J nstices' Court officers in certain cases.
The com:nittee have also had under considE'!ration the following bills, which they recommend do not pass, to-Wit:
A bill to be entitled an act to prescribe fees for jurors, Magistrates and Constables in jury cases in J nstices' Courts in this State.
Also, a bill to be entitled an act to reassert and maintain the supremacy of the laws of Georgia, as enacted by the General Assembly of the State of Georgia, etc., in Irwin's Code, especially at section 3623, and Common Law Rules No. 1 against the ruling and decisions of any court or J 11dge of the State of Georgia.
The committee find that the proper notices required by law have not been given of intention to apply for the passage of the last bill.
Respectfully submitted. H. G. TuRNER, Chairman.

Mr. Humber, chairman of the Committee of Conferenc~, submitted the following report :
Mr. Speaker:;
The Committee of Conference, to whom was referred the adjustment of certain differences between the Senate and the House of Representatives, in regard to the bill entitled an act to exempt from jury duty ministers of the Gospel, physicians, apothecaries, school teachers, millers, ferrymen, certain railroad employees, all male persons over sixty years old, and for other purposes, recommend that the Senate recede from its amendmentc to the caption of the bill striking out the word "sixty" and inserting the word "sixty-five."
vVe further recommend that the House recede from its disagreement to the Senate amendment to the caption of said bill, adding thereto certain firemen.

1270

JouRNAL OF TH.ll: HousE.

We further recommend that the Senate ameudment to section 1st of said bill be amended so that it will read as follows: Officers and members of each fire company in this State in towns and cities of less than ten thousand inhabitants to the number of twenty-five men, and in cities of ten thousand or over, forty to Pach company, whose names shall be certified as active duty doing firemen by the Secretary or Clerk of such companies, and filed in the office of the Clerk of the Superior Court of the county in which such company is located on or by the first day of January, of each year.
HARJ{)SON,
HoLToN,
RussELL,
Committee on the part of the Senate.
HmrBER
HARRIS,
DuYALL, Committee on the part of the House.

On motion of Mr. Harris, the rules were suspended, and the following bill taken up, to-wit:
A bill to exempt from jury duty ministers of the
Gospel, physicians, apothecaries, school teachers, millers, ferrymen, certain railroad employees, all male persons over sixty years old, and for other purposes.
The Senate amendment to section 1, as amended by the conference committee, was agreed to, and the House receded from its disagreement to the caption of the bill.
The action of the House on the above bill was ordered at once transmitted to the Senate.
On motion of Mr. Turner, of Brooks, by request of the committee, Mr. DuBose and Mr. Dickiu were added to the Committee on the Judiciary.
The following bill was read the third time; the evidence of the publication of the notice required by law

THURSDAY, .AUGUST 28, 1879.

1271

was exhibited, and the bill passed, by the requisite constitutional majority; yeas 97, nays none to-wit:
A bill to repeal an act for the relief of Elizabeth Tanner, of Dawson county.
The following bill was read the third time ; the evidence of the publication of the notice required by law was exhibited ; and the bill passed, by the requisite constitutional majority; yeas 100, 11ays none, to-wit:
A bill to repeal an act to make an constitute the Sheriff of Cobb county ex offic-io Tax-Collector of said county, and for other puq)oses therein mentioned, approved February 28, 1876.
The following bill was read the third time; the report of the committee was agreed to ; evidence of the publication of the notice required by law was exhibited, and the bill passed, as amended, by the requisite constitntional majority; yeas 96, nays none, to-wit:
A bill to establish the original rates of toll for crossing the bridge across the Chattahoochee River, at the town of Fort Gaines.
The following bill was read the third time ; the report of the committee was agreed to; the evidence o the publication of the notice required by law was exhibited, and the bill passed, as amended, by the requisite constitutional majority; yeas 90, nays none; to-wit:
A bill to establish a City Court for the county of Clarke, and to provide for tile appointment of a Judge and Solicitor thereof.
The House went into Committee of the \Vhole House for the consideration of the bill for the relief of Benjamin F. l\fathews.
Mr. Hudson, chairman of the Committee of the Whole House, submitted the following report:
Mr. Speaker:
The Committee of the Whole House _have had under

1272

JOURNAL OJ! THE HoUSE.

consideration a bill for the relief of Benjamin F. Mathews, which they have instructed me to report back with a recommendation that it do pass, by substitute.
The report of the committee was adopted.
On the passage of the bill, it being a bill for the appropriation of money, the yeas and nays were required.
On calling the roll, the vote was as follows :

Those voting in the affirmative are Messrs,-

Adams, Anderson of Morgan, Barksdale, Bell, Bennett, Berry, Bird, Bleckley, Born, Branch, Brintle, Butler, Carr, Chapman, Colley, Collins, Cook, Cox of Harris, Cex of Troup, Crawford, Danitl, Davis of Houston, Davison, Dozier, Duggar, Dupree, Duvall, Elder,
Ford., Fort, Fuller,
Gammage, Grant, Gray, Greene o( Ba',dwin, Greene of Madison, Hamilton,

Hanks, Harrell, Harp, Harris, Harrison,
Hender~on,
Hill, Hogan, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine,
Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, Lang, Livingston, Luffman, Mathews. McAfee, McConnell, McDonald, McGouirck, McLucas, McWhorter, Milner, Mitchell. Mynatt,
Northern, Paine, Paull, Peacock,

Perkins, Phillips of Cobb, Phiilips of Coffee, Phinizy, Prescott, Puckett, Reese, Riden, Roach, Roberts, Rogers, Russell, Scruggs, Shannon, Sharman, Sikes, Smith of Butts. Smith of Oglethorpe, Smith of Walton, Strother, Tate.. Thomas, Turner of Brooks, Turner of Coweta, Victr, Walton, Welch, Wheeler, Wilcox. Williams, C. W, Williams F. J. Wilmot, 'Wilson, Wright, Yancey, Zellner.

Mr. Phillips, of Candl, voted no.

THURSDAY, AUGUST 28, 1879.

1273

Thoe~ not v.oti.ng are Me.3srs.-

Anderson of Newton, Anderson of Pulaski, Awtry, Barron, Brantley, Buchan, Burch of Laurens, Burch of Towns, Butt, Cannon, Chambers, Clegg, Cunningham, Davis of Baker, DeLoach, Dickin, DuBose, Farnell, Fitzgerald, Fletcher, Garrard,
Yeas 109.
Nays1.
Not voting 63.

Glover, Hall, Hammond, Hollis, Howell of Lowndes, lvey, Janes, Johnson of Clay, King, Kirby, Lamb, Maund, McCurry, McRae, Miller of Houston, Miller of Liberty,
Nisbet, Oliver, Park, Patterson, Pike,

Polhill, Pope, Poppell, Rankin, Redwine, Roney, Sheffield of Early, Sheffield of Miller, Sibley, Sims, Strickland, Taliaferro, Tarver, Tatum, Toole, Wall, Walters, Weehunt, Westbrook, Williams of Columbia, Willingham.

So the bill was passed by the requisite constitutional majority ; the evidence of the publication of the notice required by law was exhibited prior to the passage of the bill.
The House went into the Committee of the vVhole House for the consideration of a bill to pay Owen Smith $40 for services.
Mr. Cook, chairman of the Committee of the Whole House, submitted the following report:

Mr. SpeaJcer:

The Committee of the vVhole House have had under
consideration a bill to appropriate the sum of $40 to pay the claim of Owen Smith for services rendt>red. They have instructed me to report the bill back with a recommendation that it do pass.
Mr. Mc'\Vhorter moved to indefinitely postpone the bill.
81

1274

JOURNAL OF THE HoUSE.

Mr. Shannon called for the previous question. The call was sustained, and the main question or dered. The motion to indefinitely postpone was lost. The report of the committee was agreed to and the bill reaC: the third time. 'l'his being a bill for the appropriation of money, the yeas and nays were 'required to be recorded, and on calling the roll the vote was as follows :

Those voting in the affirmative are Messrs.-

Adams, Andel11on of Morgan, Andel11on of Newton, Barksdale, Bell, Bennett, Berry, Bird, Bleckley, Born, Branch, Brintle, Butler, Carr, Chapman, Colley, Collins, Cook, Cox of Harris, Cox of Troup, Daniel, Davis of Houston Dozier, Duggar, Dupree, Duvall, Elder, Ford, Fuller, Gammage, Grant,, Gray,
Greene of Madison,

Hamilton, Hanks, Harrell, Harp, Harris, Harrison, Henderson, Hill, Howell of Pickens, Hulsey, Humber, Hutchins. Irvine, Johnson of Clay, . Johnsun of Johnson, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, Lang, Livingston, Luffman, McConnell, McDonald, Milner, Mitchell, Mynatt, Nor!hern, Pai!te, Paull, Peacock, Pe;kins,
Phillips of Cobb,

Phinizy, Pope, Prescott, Puckett, Reese, Riden, Roach, Roberts, Rogef11, Roney, Russell, Scruggs, Shannon, Sikes, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Strother, Thomas, Turner of Brooks, Turner of Coweta, Vick, Walton, Welch, Wilcox, Williams of Columbi Williams, C. W, Wilmot, Wilson, Wright. Yancey. Zellner.

Those voting in the negative are Messrs.-

Buchan, Davison, Hogan, Howell of Lowndes,
Mathewa,

McAfee, 1\llcGourick, McLucas, McWhorter,
Phillips of Carroll,

Phillips of Coffee, Sharman, Tate, Wheeler,
Williams, F. J.

TutTRSDAY, AUGUST 28, 1879.

1275

Those not voting are Messrs.-

Anderson of Pulaski,
Awtry, Barron, Brantley, Burch of Laurens, Burch of Towns, Butt, Cannon, Chambers, Clegg, Crawford, Cunningham, Davis of Baker, DeLoach, Diekin, DuBose, Farnell, Fitzgerald, Fletcher, Fort,
Yeas 98.
Nays 15.
Not voting 60.

Garrnd, Glover, Green of Baldwin, Hall, Hammond, Hollis,
Hu~son,
lvey, Janes, King, Kirby, Lamb, J\iaund, McCurry, McRae, Miller of Houston, Miller of Liberty, Nisbet, Oliver, Park,

Patterson, Pike, Pol hill, Poppell, Rankin, Redwine, Sheffield of Early, Sheffield of Miller,
Sibley, Sims, Strickland, Taliaferro, Tarver, Tatum, Toole, Wall, Walters, '\Veehunt, Westbrook,
Willingham.

So the bill was pased by the requisite constitutional majority.
'l'he 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 acts, to-wit :
An act to prevent the driving or grazing of diseased cattle into places other than those where the cattle are diseased, and .to fix a penalty for the same.
Also, an act to change the time of holding the Superior Courts for the county of Mitchell.
Also, an act to amend an act entitled an act to regulate 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, approved
March 2, 1874.

1276

JOURNAL OF THE HOUSE.

Also, an act to authorize the Board of Education of Whitfield county to order the payment of $103 of the common school fund, a balance due the County School Commissioners for services rendered and expenses incurred in the year 1871.
Also, an act to amend the fifth section of an act to alter and amend an act to incorporate the stockholders of the Cartersville and Van Wert Railroad Company, etc., approved October 25, 1870, so as to strike from said section the words "and all suits against said company shall be instituted and tried at Cartersville, Ga., in the courts there to be held of competent jurisdiction."
Also, an act to confirm an ordinance of the City Council of Augusta, entitled an ordinance to create a sinking fund passed the lOth of March, A. D. 1877, as amended by an ordinance passed the 6th day of August, A. D. 1877, and for other purposes.
Also, an act to alter and amend section 2970 of the Code of 1873, and for other purposes.
Also, an act to authorize each and every county in the State to establish and maintain a system of drainage, and to ratify established systems.
Mr. Paine, Chairman of the Committee on Enroll~ ment, submitted the following report:
Mr. Speaker : The Committee on EnrollrrHmt have examined andre-
port as duly enrolled, signed by the President of the Senate, and ready for the signature of the Speaker of the House, the following bill, to-wit :
A bill to be entitled an act to authorize the sale or lease of the Macon and Brunswick Railroad, and to confer certain chartered powers and privileges, etc.
The following bill was laid on the table, to-wit: A bill to incorporate the Skidaway Narrows Canal Company.

THURSDAY, AUGUST 28, 1879.

1277

The following bill was read the third time; thereport of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority ; yeas 89, nays none, to- wit :
A bill to prescribe penalties against defaulting jurors.
On motion of Mr. McDonald, the following bill was withdrawn, to-wit:
A bill to relieve J. G. B. Wooten and "\Ym. F. Davis and their securities on their bonds, given as Tax-Collectors of Randolph county for the years 1873, 1874, 1875 and 1878.

Mr. Paine, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker :
The Committ:~e 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, tllfl following acts, towit:
An act to alter and amend section 4747 of the Code of 1873, on the subject of bail in criminal cases.
Also, an act to amf:'nd the acts incorporating the Georgia Banking and Trust Company, so far as to provide for the reduct.i( n of its capital stock.
Also, an act to amend an act to establish a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, and for other poses therein mentioned.
Also, an act to authorize and provide for the organization of chain-gangs for misdemeanor convicts in this State.
Also, an act to amend the charter of the town of Crawfordville, so as to authorize the Town Council of said incorporation to levy a special license tax on the

1278

JoURNAL OF THE HOUSE.

sale of spirituous or malt liquors within said incorporation.
Also, an act 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, and for other purposes.
Also, a resolution authorizing the payment of the per diem of certain deceased members of the House of Representatives and Senate.
W. ,V. PAINE, Chairman.

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

Mr. Speaker :

The Committee on Finance have had under consideration a hill to be entitled an act to appropriate money to d~fray the expenses of a survey of the State line between Georgia and North Carolina, so far as the same is the line between Rabun county, in Georgia, and Macon county, in North Carolina, which they recommend do pass, as amended.
Also, a resolution authorizing the Finance Committee of the House to examine into and report upon the necessity of having the old portraits in the House renovated, which they reco,nmend do not pass.

The committee have also had under consideration the following local bill, which they recommend do pass, towit:
.A. bill to be entitled an act for the protection of game and birds in the county of Bibb ; to prohibit the killing, trapping, or netting the same, or buying, selling, or offering for sale the same during certain months in said county ; to provide penalties for so doing, and for other pu ruoses.

THURSDAY, AUGUST 28, 1879.

1279

Proper notices of intention to apply for the passage of said bill has been published, as required by law.
Respectfully submitted. N. L. HuTCHINS, Chairman

The following bill was read the third timP; the report of the committee was agreed to.
On the passage of the bill, Mr. Russell called for the yeas and nays.
The call was sustained, and on calling the roll the vote was as follows :

'rhose voting in the affirmative are Messrs.-

Adams, Barksdale,
Berry, Bleckley, Branch,
Colley, Collins, Daniel,

Dozier,
Fort, Fuller, Greene of Baldwin,
Harrell, Ivey,
Lang, Livingston,

Paine,
Phillips of Coffee,
Roney Russell, Sharman,
Tate, Thomas, Wilson.

Those voting in the negative are Messrs.-

Anderson of Morgan,
Bell, Bennett,
Born,
Brintle, Butler, Chapman,
Cook, Cox of Harris, navison,
Duggar,
Dupree, Duvall,
Fletcher
Ford, Gammage, Grant, Greene of Madison,
Hamilton, Hanks, Harp,
Harrison, Henderson, Hill,
Hogll.n,

Howell of Lowndes, Howell of Pickens,
Humber, Hutchins,
Johnson of Clay, Johnson of J ohnRon, Jordan of Crawford,
Kendrick,
Kimsey, Luffman,
Mathews,
1\IcAfee,
~IcConnell,
McGourick,
McLuc!as, Me"\Vhorter,
Milner,
Mynatt, Northern, Patterson,
Paull, PhillipR of Carroll, Phillips of Cobb,
Phinizy,
Prescott,

Puckett,
Reese, Riden,
Roberts,
Rogers, Scruggs,
Shannon,
Sikes, Smith of Butts,
Smith of Oglethorpe, Smith of Walton
Tatum,
Turner of Brooks, Turner of Coweta, Vick,
Walton,
Welch, Wheeler, Wilcox,
Williams of Columbia, Williams, C. W., Williams, F. J. Wilmot,
Yancey
Zellner.

1280

JouRNAL OJ!' THE HousE.

Those not voting are Messrs.-

Anderson of Newton,
Anderson of Pulaski, Awtry, Barron,
Bird,
Brantley, Buchan, Burch of Laurens,
Burch of Towns,
Butt, Cannon,
Carr, Chambers
Clegg,
Cox of Troup, Crawford, Cunningham,
Davis of Baker, Davis of Houston,
DeLoach, Dickin,
DuBose, Elder,
Farnell, Fitzgerald,

Garrard,
Gray, Glover, Hall,
Hammond,
Harris,
Hollis, Hudson, Hulsey,
Irvine,
Janes, Jordan of Wilkes,
King, Khby,
Lamb, Maund,
::\IcCurry, )fcDonald,
McRae, Miller of Houston,
Miller of Liberty, :\Iitchell, Nisbet,
Oliver, Park,

Peacock, Perkins,
Pike, Polhill,
Pope, Poppell, Rankin,
Redwine,
Roach, Sheffield of Early,
Sheffield of Miller, Sibley,
Sims, Strickland,
Strother,
Taliaferro, Tarver, Toole, Wall,
\Valters, 1Veehunt,
\Vest brook, Willingham,
Wright.

Yeas 24. Nays 75. Not voting, 74.

So the bill, the title of which is as follows, was lost, to-wit:
A bill to authorize the Judges of the Superior Courts and such Judges of the City Courts as are commissioned by the Governor to fix tllP. fees of Clerks and and Sheriffs for services rendered by them, where there are no fees fixed by law.
The following bill was read the third time ; the evidence of the publication of the notice required by law was exhibited, and the bill passed by the requisite constitutional majority; yeas 92, nays none, to-wit:
A bill to incorporate the Hutchinson's Island Canal Company of Chatham county.
The following bill was read the third time ; the evidence of the notice required by law, was exhibited, the

FRIDAY, AUGUI:IT 29, 1879.

1281

report of the committee was agreed to, and the bill passed, as amended, by the reqnisite constitutional majority; yeas 90, nays none, to- wit:
A bill to authorize the Mayor and Aldermen of the city of Savannah to build an aqueduct from said city to such point as they may select on the Savannah River.
Leaves of absence was granted as follows : To Messrs. Sims, Kirby, and ~heffield, of Miller, on account of sickness ; and to Messrs. MeWhorter, Elder, Tate, Shannon, McAfee, BarksdalP, Hogan, Johnson of Johnson, and King, on account of business; and to Messrs. Anderson of Pulaski, and Dickin, on account of sickness.
On motion of Mr. Strother, the House then adjourned till 9 A. 111. to-morrow.

ATLANTA, GEORGIA.,
Friday, August 29, 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 the following members answered to their names :

Those present were Messrs.-

Adams, Anderson of Morgan,
Awtry,
Bell, Bennett,
Berry, Bird, Bleckley,
Born, Branch,

Harp, Harris, Harrison,
Henderson,
Hill, Hogan,
Hollis, Howell of Lowndes, Howell of Pickens, Hudson,

Pike,
Polhill,
Pope, Prescott, Rankin,
Redwine,
Reese, Riden, Roach, Roberts,

1282

J OURNA.L 0.1!' THE HoUSE.

Brintle, Buchan,
Butler,
Carr, Chambers, Chapman, Colley, Collins,
Cook,
Cox of Harris,
Cox of Troup, Crawford, Daniel, Davis of Houston,
Davison,
DeLoach, Dozier, DuBo:;e,
Duggar,
Dupree, Duvall, Elder,
Ford,
Fort, F1tller,
Gammage, Garrard, Grant, Gray, Greene of Baldwin,
Greene of Madison, Hammond, Hamilton, Hanks,
Harrell,

Hulsey, Humber, Hutchins,
Irvine, Ivey, Jordan of Crawford, Jordan of Wilkes,
Kendrick, Kimsey,
Kin~,
Kirby,
Lang, Livingston,
Luffman,
Mathews, Mannd,
McConnell, McDonald,
McGouirck, McLucas,
Miller of Houston,
Milner,
Mitchell, Mynatt,
Nisbet, Northern, Paine, Patterson, Paull,
Peacock, Perkins, Phillips of Carroll,
Phillips of Cobb, Phillips of Coffee, Phinizy,

Rogers, Roney,
Russell,
Scruggs, Shannon, Sharman, Sheffield of Miller,
Sibley, Sims, Smith of Butt~, Smith of Oglethorpe,
Smith of Walton,
Strickland, Strother,
Taliaferro,
Tate,
Tatum,
Thomas, Turner of Brookq,
Turner of Coweta-.
Vick,
Walton,
Welch, W e.qtbrook,
Wheeler, wilcox,
Williams of Columbia. Williams, (;, W.
Williams, F. J. Willingham, Wilmo.t,
Wilson,
Wright,
Yancey, Zellner.

Those absent were Messrs.-

Anderson of Newton, Anderson of Pulaski, Barksdale, Barron, Brantlev, Burch of Laurens, Burch of Towns, Butt, Cannon, Clegg, Cunningham, Davis of Baker, Dickin,
Present 135.
A.bsent38.

Farnell,
Fitzgerald, Fletcher,
Glover,
Hall,
Janes, Johnson of Clay, Johnson of Johnson, Lamb,
McAfee.
McCurry, McRae, McWhorter

Miller of Liberty,
Oliver,
Park,
Poppell, Puckett, Sheffield of Early,
Sikes, Tarver,
Toole, Wall, Walters, Weehunt.

FRIDAY, AUGUST 29, 1879.

1283

Mr. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and approved.
ThA Journal was then read and confirmed.
Mr. Paine moved to reconsider so much of the Journal as relates to the action of the House upon a bill to authorize the Judges of Superior and City Courts to fix the fees of Sheriffs and Clerks in certain cases.
The motion did not prevail.
Mr. Westbrook moved to postpone the special order for the day, to-wit: the bill to regulate railroad freight
and passenger tariffs, till vVednesday next.
Mr. Westbrook changed his motion, so as to make it Monday next, instead of \Vednesday.
The motion did not prevail.
Thf' special order "Vas then taken up. Leaves of absence were granted to Messrs. Zellner and Hall, on account of business.
On motion of Mr. Awtry, the rules were suspended and the following bill introduced, read the first time, and referred to the Committee on Finance, to-wit:
By Mr. Awtry-A bill to amend an act to prevent the burning of gin-~wnses in this State, by offering a reward for the apprehension of incendiaries, and for other purposes, approved March 6, 1875. On motion of Mr. Red wine, the rules were suspended, and the following bill read the third time ; the report of the commitee was agreed to ; the evidence of the publication of the notice, required by law, was exhibited, and the bill passed by the requisite constitutional majority; yeas 97, nays none, to-wit: A bill to in_corporate the town of Bellton, in the counties of Hall and Banks, and for other purposes. The question of adopting the substitute proposed by

1284

JoURNAL OF THE ffOUSE.

the committee for all the bills on the subject of railroad freights and passenger tariffs was discussed.
Mr. Riden called for the previous question on the motion of Mr. Cox, ot Troup, to strike out the first section of the substitute.
The call was sustained, and the main question ordered.
Mr. Cox, of Troup, called for the yeas and nays on the motion to strike out the section.
The call was sustained, and on calling the roll the vote was as follows :

Those voting'in the affirmative are Messrs.-

Awtry,
Bell, Berry,
Bird, Brintle, Buchan,
Butler, Cox of Troup,
Daniel, Davis of Hon~tlln1 Davison, Dozier,
Du~gar,
Ford,
Fort,
Fuller, Gray, Harp,
Hill, Hollis,

Howell of Lowndes,
Howell of Pickens,
Humber,
Irvine, Kendrick,
Kimsey, Kirby, J...uffman, 1\fcGouirck,
:McLucas,
Mitchell, Northern, Paine, Phillips oJ Carroll, Philips of Cobb, Phillips of Coffee,
Phinizy, Rankin,
Redwine,
Reese,

Roberts,
Rogers,
Roney, Russell,
Scrilggs, Sharman, Sheffied of Miller, Sims, Smith of lluu~,
Smith of Walton,
Taliaferro, Tatum,
Vick, Walton,
Welch,
'Vheeler, Wilcox,
Williams, F. J. Wilmot, Wilson.

Those voting in the negative are Messrs.--

Adam$1 Anderson of Morgan, Bennett, Bleckley,
Bor:a, Branch, Chapman,
Colley, Collins, Cox of Harris. Dupree, Duvall. Fletcher,

Harrison,
Henderson, Hulsey,
Hutchins,
Ivey, Johnson of Clay, Jordan of Crawford,
Jordan of Wilkes, King, Lang,
Livingston, Mathews, Maund,

Paull, Peacock,
Pike,
Pope, Prescott, Riden,
Roach, Shannon, Sibley, Strickland, Strother, Tate,
Turner of Brook,

FRIDAY, AUGUST 29, 1879.

1285

Gammage, Garrard
Grant, Hamilton,
Hanks, Harris,

McConnell, :Miller of Houston,
Milner, )lynatt,
)l"i~bet,
Patterson,

Those not voting are Messrs.-

Anders0r. of Newton, Ar.derson of Pulaski,
Barksdale, Barron, Brantley, Burch of Lauren~,
Buch of rowns, Bbtt, Cannon,
Carr, Chambers,
Clegg, Cook, Crawford, Cunningham,
Davis of Baker, DeLoach, Die kin,
DuBose,

Elder, Farnell, fitzgerald, Glover, Greene of Baldwin, Greene of Madison, Hall, Hammond, Hanell, Hogan, Hudson, Janes, Johnson of Johnson, Lamb, McAiee, McCurry, )[cDonald,
~IcRae,
)lcWhorter,

Yeas 60. Nays 58. Not voting 57.

Westbrook, Williams of Columbia, Wright, Yancey, Zellner.
Miller of Liberty, Oliver, Park, Perkins, Polhill, Poppell, Puckett, Sheffied of Early, Sikes, Smith of Oglethorpe, Tarver, Thomas, Toole, Turner of Coweta, Wall, \Valters, Weehunt, Williams, C. W. Willingham,

So the motion to strike out prevailed. The following leaves of absence were granted: 'fo Messrs. Polhill and Puckett on account of sick. ness; to Mr. williams of Columbia, on business, and to Mr. welch to visit his family. Leave of absence was granted to the special committee to investigate the Agricultural Department from day to day until the labors of that committee are completed.
Mr. Smith, of Oglethorpe, offered the following resolution, which was read and agreed to, to-wit:

A resolutionAuthorizing the committee appointed to investigate

1286

JoURNAL OF THE HOUSE.

the Department of Agriculture to employ a short-hand reporter, and to send for persons and papers.
The following message was received from his Excellency, the Governor, through Mr. Avery, his Secretary, to-wit:

Mr. .Speaker:

~

H1s Excellency, the Governor, has approved and

signed the following acts, to-wit :

An act to amend an act approved February 21, 1876,

which amended an act approved August 27, 1872, to

create a Board of Commissioners of Roads, Public

Buildings, Public Property and Finances, for the

county of Monroe, and for other purposes.

Also, an act to prohibit the catching of fish for the

purpose of shipping or selling from the waters of the

I..Mtle Ocmulgee River, in the county of Telfair, and to

prescribe a penalty for the same.

Also, an act to amend an act to incorporate the town

of Talbotton, and for other purposes, assentt:!d to De-

cember 20, 1860.

Also, an act to alter and amend section 6 of an act

entitled an act to create a Board of Commissioners for

the county of Gwinnett, and to prescribe and define the

powers and duties thereof, approved August 26, 1872,

and for other purposes.

Also, an act 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, and for other purposes.

Also, an act to amend an act entitled an act to estab-

lish a new charter for the city of Atlanta, approved

February 23, 1874, and the several acts amendatory

thereof, and for other purposes therein mentioned.

Also, an act to amend the acts incorporating the

Georgia Banking and Trust Company, so as to provide

for the reduction ofits capital stock.

FRIDAY, AuGUST 29, 1879.

1287

Also, an act to amend the charter of tbe town of Crawfordville, so as to authorize the Town Council of said incorporation to levy a special license tax on tbe sale of spirituous or malt liquors within said incorporation.
Also, an act to alter and amend section 4747 of the Code of 1873, on the subject of bail in criminal cases.
Also, an act to authorize and provide for the organization of chain-gangs for misdemeanor convicts in this State.

Mr. Yancey, chairman protem. of the Committee on Agriculture, submitted the following report:

Mr. Speaker :

The Committee on A5riculture have had under consideration resolntions proposing a reference of the q nestion of continuing the Agricultural Department to the legal voters of the State.
The committee report, recommending that the resolutions do pass.
B. C. YANCEY, Chairman pro tern.

Mr. vVestbrook moved that the House adjourn till 9 A. ::u. to-morrow.
On the question of adjournment, Mr. Fort called for the yeas and nays.
The 0all was sustained, and on calling the roll the vote was as follows :

'fhose voting in the affirmative are Messrs.-

Adams, Anderson of Morgan, .Bleckley, Born, Branch, Brintle, Butler, Colley, Cook, Daniel, Davis of Houston,
Dupree,

Howell of Pickens, Hulsey, Irvine, Jordan of Crawford, Kendrick, Kirby, Lang, Livingston, Luffman, 1\icConnell, :McLucas,
:M:iller of Houston,

Riden, Roach,
Rogers, Roney,
Rus~ell,
Scruggs, Shannon'
Sheffield of Early Sibley, Sims
Smith of Butts,
Strother,

1288

JOURNAL OF THE HoUSE.

Duvall, Ford, Gammage, Garrard, Gray, Greene of Madison, Hamilt-on. Hanks,
Harris, Harrison, Henderson,

Milner, Mitchell,
Mynatt, Nisbet, Paine, Patterson,
Paull, Perkins, Phillips of Carroll,
Pike,

Tate, Turner of Brooks, Turner of Coweta, Welch,
Westbrook, Williams of Columbia, Williams, C. W. Williams, F. J.
Wright, Zellner.

Those voting in the negative are Messrs.-

Awtry, Bell,
Bennett., Berry,
Bird, Buchan,
Chapman, Cox of Harris,
Cox of Troup, Davison,
Dozier, Duggar, Elder,
Fort, Fuller, Grant, Harp,
Hill,

Hollis, Howell of Lowndes,
Humber, Hutchins,
lvey, Johnson of Clay,
Jordan of Wilkes, Kimsey,
King, Mathews,
Maund, l\IcGouirck, Northern,
Peacock, Phillips of Cobb, Phillips of Coffee, Phinizy
Pope,

Rankin, Redwine
Roberts, Sharman.
Smith of Oglethorpe, Smith of Walton, Strickland,
Taliaferro, Tatum,
Vick,
Walton, Wheeler, Wilcox,
Willingham, Wilmot,
Wilson, Yancey,

Those not voting are Messrs.-

Anderson of Newton, Anderson of Pulaski, Barksdale, Barron, Brantley,
Burch of Laurens,
Burch of Towns, Butt, Cannon,
Carr, Chambers,
Clegg, Collins, Crawford, Cunningham, Davis of Baker, DeLoach
Dickin,

DuBose, Farnell, Fitzgerald, Fletcher, Glover,
Greene of Baldwin,
Hall, Hammond, Harrell,
Hogan, Hudson.
Janes, Johnson of Johnson, Lamb, )IcAfee, McCurry, McDonald,
McRae,

Yeas, 67.
Nays, 53. Not voting 54.

l\-Ic Whorter, )filler of Liberty1 Oliver, Park, Poppell,
Pol hill, Prescott, Puckett, Reese,
Sheffield of Miller, Sikes, Tarver,
Thomas, Toole, W-all, Walters,
Weehunt,

SATURDAY, AUGUST 30, 1879.

1289

:") the motion prevailed, and the House adjourned till 9 A. M. to-morrow.

ATLANTA, GEORGIA,
Saturday, August 30, 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 answered to their names:

Those present were Messrs.-

Adams, Anderson of Morgan, Anderson of Newton, Awtry, Barksdale, Barron, Bell, Bennett, Berry, Bird, Bleckley, Born, Branch, Brintle, Buchan, Butler, Carr, Chambers, Chapman, Colley, Collins, Cook, Cox of Harris, Cax of Troup, Crawford, Dani.J, Da,is of Baker, Davis of Houston,
Davison,
82

Hamilton, Hanks, Harrell, Harp, Harris, H<irrison,
Hender~on,
Hill, Hollis, Howell of Lowndes, Howell of Pickens, Hulsey, Humber, Hutchins, Irvine, Ivey, Johnson of Clay,
Johnson of Johnson, Jordan of Crawford, Jordan of Wi.kes, Kendrick, Kimsey, King, Kirby, Lang, Livingston, Luffman, Mathews. Maund,

Phinizy, Pike, Polhill, Pope, Prescott, Puckett, Rankin, R<dwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Miller, Sibley, Sims, Smith of Butts. Smith of Oglet"l\orpe, Smith of Walton, Strickland, Strother, Taliaferro, Tarver,
Tatum,

1290

JOURNAL 0.1!' TB.E HousE.

Dozier, DuBose, Duggar, Dupree, Duvall, Elder, Fitzgerald, Fletcher, Ford, Fort, Fuller,
Gammage, Garrard, Grant, Gray, Glover, Greene of Ba.:iwin, Greene of Madison, Hammond,

McConnell, McDonald, McGouirck, McLucas, Miiler of Houston, Milner, Mitcheli, Mynat!, Nisbet, Oliver, Paine, Patterson, Paull, Peaccck, Perkins, Phillips of Canoll, Phillips of Cohb, Phi,lips of Coffee,

Thomas, Turner of Brooks, Turner of Coweta, Vic it, Walters, 'Walton, Welch,
Westbrook, Wheeler, Wilcox:, \Vi !Iiams of Columbia, Williams, C. W. Williams F. J. Willingham, Wilmot, Wi'son, Wright, Yancey.

'hose absent were Messrs.-

Anderson of Pulaski, Brantley, Burch of Laurens, Burch of Towns, Butt, Cannon, Clegg, Cunningham, DeLoach, Dickin, Farnell,
Present, 142.
Absent, 31.

Hall, Hogan,
Hudson, Janes, Lamb, McAfee, McCurry, McRae, McWhorter, Miller of Liberty,

Northern, Park, Poppell, Sheffield of Early, Sikes, Tate, Toole, Wall, Weehunt, Zellner.

Mr. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and confirmed.
The following leaves of absence Wt>re granted to Messrs. Barron, l\fillt>r, of Liberty, Northern and Wil son on account of sickness, and to Messrs. Phinizy, Davison and Born on account of business.
Mr. Hanks moved to reconsider so much of the Journal of yesterday as relates to the action of the House upon the amendment striking out the first section of

SATURDAY, .A.l:OUST 30, 1879.

1291

the substitute proposed by the committee for the gen-

eral railroad bill. 1\fr. Luffman called for the previous question on the
motion to reconsider. The call was sustained, and the mai.n question or-

dered. Mr. Dupree called for the yeas and nays. 'fhe call was sustained, and on calling the roll, the

vote was as follows :

Those voting in the affirmative are Messrs.-

.A.damd, Anderson of Morgan, Bennett, Bleckley, Branch, Butler,
Chapman, Colley,
Crawford, Davis of Hou~ton, DuBose, Dupree, Duvall Garrard,
Hamilton, Hanks, HarriR, Harrison,

Henderson,
Hulsey, Hutchins,
hey, Johnson of Clay, Jordan of Crawford,
Jordan of Wilkes, King,
Lang, l\1 athews,
Maund,
l\liller of Houston, 1\lilner, l\Iynatt,
~isbet,
Patwrson, Paull, Perkins,

Pike, Pope, Prescott, Roach, Rogers, Roney,
B:usscll, Stbley,
Smith of Oglethorpe, Strickland, Strother,
Thomas, Turner of Brook, 'Ventbrook,
'Villiams of Columbia, 'Vilmot, Wright,

'fhose voting in the negative are Messrs.--

.A.ndersPc of Newton, Awtry, Bell, Berry, Brintle, Buchan, Carr,
Collins, Cook, Cox of Harris. Cox of Troup,
Daniel, Dozier, Duggar, Elder, Fitzgerald. Fletcher, Ford, Fort,
Fuller,

Gammage, Grant, Gray, Harrell, Harp, Hill, Hollis,
Howell of Lowndes, Howell of Pickens, Humber, Irvine,
Kendrick, Kimsey, Kirby, Luflinan, :l\1cConnell, l\[cOonald, 1YlcGouirck, Peacock,
Phillips ol Carroll,

Philips of Cobb, Phillips of Cof!ee, Phinizy, Rankin, Redwine, Reese, Roberts,
Scrug~:.rs,
Sharman, Sims, Smith of Hntt>',
Smith of 'Valton, Taliaferro, Tatum, Turner of Coweta, Vick, Walton, Wilcox, Williams, C. W.
Willingham,

1292

JouRNAL oF THE HousE.

Those not voting are Messrs.-

Arderson of Pulaski,
Barksdale, Barron, Bird, Born, Brantley, Burch of Laurens, Buch of fownR, Butt, Cannon, Chambers,
Clegg, Cunningham,
Davis of Baker,
Davison, DeLoach, .Die kin,
Farnell,
Glover,
Greene of Baldwin,

Greene of Madison,
Hall,
Hammond, Hogan, Hudson, Janes,
Johnson of Johnson, Lamb,
Livingston, McAiee,
McCurry,
:McLucas, McRae,
~IcWhorter,
Miller of Liberty,
Mitchell,
Northern, Oliver,
Paine,
Park,

Yeas 53. Nays 60. Not voting 60.

Polhill, Poppell,
Puckett, Riden, Shannon,
Sheflied of Early,
Sheffied of Miller, l;ikes,
Tarver, Tate,
Toole,
Wall,
\Valters, \Veehunt,
Welch, wheeler, Williams, F. J. Wilson. Yancey,
Zellner.

So the motion to reconsider did not prevail.
A communication from his Excellency the Governor announcing th"' election of Hon. R. F. C. Smith as a member of the House of Representatives, to fill the vacancy caused by the death of Hon. J. M. Brannan, of Bryan county.
Mr. R. F. C. Smith, member elect from the county of Bryan, than prestlnted himself and was duly sworn in.
Mr. Mynatt, chairman of the Committee on Corpora tions, submitted the following report :
Mr. Speaker:
The Committee on Corporations have bad under consideration the following bills, which thPy report back with the recommendation that the introducer be allowed to withdraw:
.A bill to be entitl~d an act to incorporate the Carnes

SATURDA.Y, AUGUST 30, 1879.

1293

ville Railroad, and for other purposes, said road to run frilm Carnesville to West Bowenville, in Franldin county, Georgia.
.Also, a bill to be entitled an act to amend the charter of the town of Thomasville, in this State, so as to authorize the Mayor and Council to sell or donate public property.
.Also, a bill to be entitled an act to amend an act chartering the Board of Trustees of Moun't Vernon Institute, and incorporating the town of Riddlesville, Washington county, Georgia, approved December 17,
1859, and creating a new Board of Commissioners, giving them certain privileges, etc., and for other purposes.
The committee have also had under consideration the following local and special bills, which they recommend do pass, as amended, to-wit:
The committee have had before them the proofs of advertising and posting notices of intention to introducing said bills, which they report sufficient.
.A bill to be entitlHd an act to incorporate the Dahlonega .Air-Line Railroad Company, and for other purposes.
.A biU to be entitled an act to incorporate the town of Maysville, in the counties of Jackson and Banks, and to grant election powers and privileges to the same, and for other purposes.
They have also had under consideration the following local bill, which they recommend do pass, as amended.
The committee find the notice of intention to introduce the same and posting, as required by law, sufficient .
.A bill to be entitled an act to empower the Commis. sioners of Coweta county .to purchase the bridge at Moore's Ferry, on the Chattahoochee River, and for other purposes.

1294

JOURNAL 01.<' THE HOUSE.

They have also had under consideration the following bill, which they recommend be referred to the Committee on Privileges and Elections.
A bill to be entitled an act to amend an act entitled an act to authoriz-3 and require the registration of voters in Camden county, in this State, and for other purposes, approved February 26, 1877.
Respectfully submitted. P. L. MYNAT'r, Chairman.
Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the following report:
Mr. Speaker :
The Committee on the Judiciary have bad under con sideration the following bills, which they recommend do pass, to-wit:
A bill to be entitled an act to regulate the practice in cases enjoining Sheriff's sales.
Also, a bill to be entitled an act to regulate the practice in the courts of this State as to requests to charge the jury.
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 a.mend section 4141 of the Code of Georgia.
Also, a bill to be entitled an act to regulate the practice in the Superior Courts of this State, as to the number and length of arguments of parties or counsel.
Also, a bill to be entitled an act to carry into effect
article o, section 1, paragraph 18 of the Constitution of
1877, which declares that the General Assf:>mbly shall have authority to provide by law for the suspension of either the Treusurer or Com ptroll~>r-General of' the Sta.te from the discharge of the duties of their office, and also for the appointment of a suitable person to discharge the duties of the same.

:SATURDAY, AUGUST 30, 1879.

1295

The com~ittee have also had under consideration the following bills, which they recommend do not pass, to-w1t:
Also, a bill to be entitled an act to allow a.iministrators to keep the estates of their intestates together from year to year when approved by the Ordinary.
Also, a bill to be entitled an act to further define the duties of Sheriffs and Constables in this State in claim cases and affidavits of illegality, and for other purposes.
Respectfully submitted. R. G. TuRNER, Chairman.

Mr. Hanks moved to lay the bill, known as the general railroad bill, on the table till Monday next, immediately after the reading of the Journal.
The motion did not prevail. On motion of Mr. Colley, the substitute proposed by thfl Committee on Railroads was withdrawn. The originall bill, known as the Rankin bill, House bill No 10 was then taken up for amendment. Mr. Fort offered an amendment to the preamble. No quorum voting on the division, Mr. Fort called for the yeas and nays. The call was sustained, and on calling the roll th e vote was as follows :
Those voting in the affirmative are Messrs.-

Adams,

Hanks,

Phillips of Coffee,

Anderson of Newton, Harrell,

Phinizy,

.Bell,

Harp,

Pope,

Berry,

Harris,

Pre~cott,

Bleckley,

I

Branch,

Harrison, Henderson,

Rankin, Reese,

Brintle,

Hill,

Roberts,

Buchan,

Hollis,

Rogers,

Butler,

Howell of Lowndes, Roney,

Collins,

Humber,

Scruggs,

Cook,

Ivey,

Sharman,

Cox of Harris,

Johnson of Clay,

Sheffield of Miller ,

Cox of Troup,

Jordan of Crawford, Sims,

Da.niel,

Kendrick,

Smith of Butts,

1296

JOURNA.L OF THE HOUSE.

Davi.o; of Baker,
DaviA of Houston, Dozier,
DnBose,
Elder, Fitzgerald, Ford,
Fort, Fuller,
Gammage, Garrard, Grant, Greene of Madison,
Hamilton,

Kimsey,
Kirby, Lang,
Luftinan, Mathews,
l\Iaund, 1\IcConnell, 1\Iilner, Mitchell, Patten;on,
Peacock,
Perki~,
Phillip!< of Carroll,
Phillips of Uobb,

Smith of O~rlethorpe, Smith of Walton
Smith of Bryan, Strickland, Strother,
Taliaferro, Thomas,
Turner of Brooks, Vick,
Wilcox, Williams of Columbia, William~, C. W., Willingham,
Wilmot,

Those voting in the negative are Messrs.-

Anderson of Morgan, Bennett,
Chambers Duvall, Gray, Hulsey,

Irvine, McDonald,
~Iynatt,
Paine, Pike,

'l'hose not voting are Messrs.-

Roach, Russell,
Turner of Coweta, \Vestbrook, Williams, F. J.

Anderson of Pulaski,
Awtry, Barksdale,
Barron, Bitd, Born, Brantley, Burch of Laurens,
Burch of Towns,
Butt, Cannon, Carr, Chapman,
Clegg,
Colley, Crawford, Cunningham, Davison,
DeLoach, Dick in,
Duggar,
Dupree, Farnell, Fletcher,
Glover,

Greene of Baldwin,
Hall, Hammond,
Hogan,
Howell of Pickens, HudRon, Hutchins,
Janes, Johnwnof John~on, .Tordan of Wilkes, King, Lamb, Livinlr.lton, McAfee, McCurry, l\IcGourick,
l\lcLu~as,
llcR.ae,
l\:lc \Vhorter, Miller of Houston,
l\Iiller of Liberty, Nisbet, Northern
Oliver,
Park,

Yeas 84. Nays 16. Not voting, 74.

Paull,
Pol hill, Poppell, Puckett, Redwine,
Riden, Shannon,
Sheffield of Early,
Sibley, Sikes, Tarver,
Tate, .Tatum,
Toole, Wall,
\Valters, \Valton, Weehunt,
Welch, \Vhecler,
Wil~on.
Wright.
Yancey Zellner.

SATURDAY, AUGUST 30, 1879.

1297

So the amendment to the preamble was adopted. Mr. 'Vright moved to amend by striking out the first section of the bill. On a division, no quorum voting, Mr. Paine demanded a call of the House. On calling the roll a quorum was found to to be present.
Mr. Tatum called for the previous question on the motion to strike out the first sf>ction.
The call was sustained, and the main question or dered.
l\Ir. Rankin called for the yeas and nays. No quorum voting on the question ot ordering the yeas aud nays, Mr. Wright demanded a call of the House. A quorum was found to be present. The call for the yeas and nays was sustained, and on calling the roll the vote was as follows :

Those voting in the affirmative are Messrs.-

Anrlerson of Morgan,
Berry,
IJ.~g~'t.r
D11v~11,' Howell of Pickens,

Irvine, McDonald, Mynatt, Paine, Phinizy,

Russell, Sims,
Turner of Coweta,
Williams, F. J.
Wright. .

Those voting in the negative are Messra.-

Adams, Anderson of Newton, Bennett, Bleckley, Brintle, Buchan, Butler, Chapm:m, C.>lley, Collins, Cook, C >X of H .uris, Cox of Troup, Daniel, Davis of Baker, Davis of Houston Dozier,

Hanks, Harrell, H.up,
H.uri~,
Harri,;on, Henderson, Hill, Howell of Lowndes, Hulsey, Humhcr, Hutchins,
ley, Johnson of Chy, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey,

Phillips of Carroll
Phillips of Cobb, ' Phillips of Coffee, Pope, Rankin, Reese, Roach,
Roberts,
Rogers, Roney,
Scruggs, ShJ.rm.m,
Sheffield of Miller, Smith of Butt~, Smilh of O~lethorpe, Smith of Walton, Smith of Bryan,

1298

JOURNAL OF THE H.OUSE.

DuBose, Dupree, Elrler, Fitzl!erald, Flelcher, Ford, Fort, Fuller, Gammage, Garrard, ; Grant.: Gray, Greene of Madison, Hamilton,

Kirby,
Lnn~,
Luffman,
Mathew~,
J\faund, McConnell, JdcG"urick, McLucas, Milner, Mitchell, Patten;on,
Peacock, Pe:kins,

Th0se not voting are Messrs.-

Anderson of Pulaski,
Awtry, Barksdale, Barron, Bell, Bird, Born, Branch, Brantley, Burch of Laurens, Burch of Towns, Butt, Cannon, Carr, Chambers, Clegg, Crawford, Cunningham, Davison,
DeLoach, Dickin, Farnell, Glover,

Green of Baldwm, Hall, Hammond, Hogan, Hollis, Hudson,
Janes, Johnsun of Johnson, King, Lamb, Livin1!5ton, McAfee, McCurry, McRne, McWhorter, Miller of Houston, Miller of Lif>erty, Nisbet, Nor:hem, Oliver, Park, Paull, PiKe,

Yeas 15. Nays 91. Not voting 68.

Strickland, Strother, Taliaferro, Tal urn, Thomas, Turner of Brooks, Vick, \ V estbrook, \Vii cox, Williams of Columbi
Williams, C. W.
Willingham, W1lmot.
Polhill, Poppell, Prescott, Puckett, Redwine, Riden, Shannon, Sheffield of Early, Sibley, Sikes, Tarver, Tate, Toole, \V.tll, Walter5, Walton, \Veehunt, Welch, \Vheeler, \Vil.;on, Yancey, Zellner.

So the motiQD to strike out did not prevail.
Mr. Harrison proposed to amend the first section by striking out certain words.
Mr. Fort made the point of order that the House, by refusing to strike out the first section, had adopted that section, and it could not be amended.

SATURDAY, AUGU~T 30, 1879.

1299

The Speaker ruled the point. well taken, and the amendm~>nt o.ut of order.
1\fr. W esLbrook pmpo.sed to amend the second section.
Mr. Harp called for the previous question. The call was sustained, and the main question or dered. The amendment was not adopted. Mr. Strother offered an amendment to the second section. The amendment was, by permission, withdrawn. Mr. Paine proposed to strike out the third section. Mr. Mynatt proposed to amend the third section by adding the words "or opposite." Adopted. Mr. Hanks moved to amend the third section by adding a proviso. Mr. Davis, of Houston. moved to amend the amendment, by substituting another proviso. The substitute proposed by Mr. Davis, of Houston, was adopted. Mr. Luffman proposed an amendment to said section. Adopted. Mr. Harris proposed to amend the section by striking out the words "through or beyond the bounds of this ~Hate." Mr. Paine moved to adjourn till9 A.M. Monday. Leave of absence was granted to Mr. Perkins on account of sickness. The House then adjourned till 9 A.M. on Monday next.

1300

JoURNAL OF THE HoUSE.

ATLANTA, GEORGIA,
Monday, September 1, 1879.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Mr. Taliaferro.
'rhe roll was called and the following members answered to their names :

Those present were Messrs.-

Adams, Anderson of Morgan,
Anderson of Newton,
Bell, Berry,
Bleckley,
Born, Branch, Brintle, 13uchan,
Butt, Carr, Chnmbers,
Chapman, Colley,
Collins,
Cook, Cox of Harris, Cox of Troup,
Crawford,
Daniel, Davis of Baker, Davis of Houston,
Davison, DeLoach,
Dickin, Dozier,
Duggar, Dupree, Duvall, Farnell, Fitzgerald,
Ford, Fort, F1dler,
Gammage, Garrard,
Grant,

Hamilton,
Ha'lkF, Harrell,
Harp,
Harri~,
Harrison,
Hill, Hogan,
HolliF, Howell of Lowndes, Hulf;ey,
Humber, HntchinF, Irvine,
lvey,
Jane.,~
Johnson of Clay,
Jordan of Crawford, Jordan of Wilkes, Kendrick. Kirby,
Lamb,
Lang, Lu!Jinan,
Mathews, Maund,
McConnell, 1\:lcDonald, l\IcGonirck, 1\IcLucaR,
McWhorter 1\:[iller oi Houston,
1\iitchell,
Mynatt, Nisbet, Paine,
Park, Patterson,

Pike, Po1hill,
Pope,
Poppell, Prercott, Rankin,
Redwine, Riden,
Roach, RobertA,
Ro:..<ers, Roney,
RuR8ell, ScruggM,
~harman,
Sheffield of Miller,
S~bley,
S1ms, Smith of EuttF, Smith, of Bryan,
Snith of Walton,
Strother, Taliaferro,
Tarver, Tatum,
Thomas, Turner of Brook,,
Turner of Coweta
'Valters, \WVesatlborn~ok, \\'heeler,
'Yilcox, Wiliiams of Columbia, Williams,(.;, W. Williams, F. J. Willingham, Wilmot,

MoNDAY, SEPTEMBER 1, 1879.

1301

Gray, Greene of Baldwin,
Greene of l\Iadison,
Hammond,

Paull, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee,

Wilson, Wright,
Yancey, Zellner.

Those absent were Messrs.-

Anderson of Pulaski,
Awtry, Barksdale, Barron, Bennett, Bird, Brantley, Burch of Laurens, Burch of Towns, Butler, Cannon, Clegg, Cunningham, DuBooe, Elder, Fletcher,

Glover, Hall, Henderson, Howell of Pickens, Hudson, Johnson of Johnson, Kimsey, King, Vvingston, l\IcAfee. McCurry, McRae, :Miller of Liberty, Milner,
~orthern,
Oliver

Peacock, Perkins,
Phinizy, Puckett, Reese, Shannon, Sheffield of Early, Sikes,
Smith of Oglethorpe, Strickland, Tate, Toob, Vic!;:,
Wall, vVeehunt,
Welch.

Present 126. Absent48.
Mr. Harrell, from the Committee on J onrnals, reported the Journal of Saturday examined and ap proved.
The Journal was then read and confirmed. Mr. Hanks gave notice of a motion to reconsider. The following leaves of absence were granted: To Messrs. Hamilton, Strickland. and Kimsey, on account of sickness ; to Mr. Vick on account of a death in his family, and to Messrs. Kirby and Turner of Coweta, on account of business. On motion of Mr. Garrard, the rules w~re suspended and the following bill read the third time, the report of the committee amended and agreed to, and the bill passed, by substitute, by the requisite constitutional majority; yeas 93, nays none, to-wit: A bill to carry into effect article 5, section 1, paragraph 18 of the Constitution of 1877, which declares that the General Assembly shall have authority to provil~ by law for the suspension of either the Treas-

1302

JoURNAL oF THE HousE.

urRr or Comptroller-General of the State from the discharge of the duties or their offices, and also for the appointment of a suitable person to discharge the duties of the same.
On motion, the action of the House was ordered at once transmitted to the Senate.
Mr. Hanks moved to reeonsider so much of the Journal as relates to the action of the Honse upon the substitute adopted in lieu of a proviso offtlred by him to thP. third section of the bilL
The motion prevailed. The consideration of the general railroad bill was resumed. The amendment offered by Mr. Harris on Saturday being first in order. Mr. Turner, of Brooks, proposed to amend Mr Harris's amendment by inserting certain other words in lieu of those stricken out. Mr. Nisbet called for the previous question. The call was sustained, and the main question ordered. Mr. Turner's amendment was adopted. On the question of adopting Mr. Harris' amendment, as amended, Mr. Fort called for the yeas and nays. The call was sustained, and on calling the roll tht=> vote was as follows :

'fhose voting in the affirmative are Messrs.-

Adams, Anderson of Morgan, Berry, Bleck ley, Branch, Butt, Chapman, Colley, Cook, Cox of Troup, Crawford, Daniel, Davis of Baker,

Hanks, Harris, Harrison, Hill, Hulsey, Ivey, Janes, Johnson of Clay, Jordan of Wilkes, Kirby, Lang, Mathews, McDonald,

Phillips of Coffee, Pol hill, Pope, PreHcott, Roach, Roberts, RogerR,
Rus~ell,
Sheffield of Miller,
Sim~,
Smith of Butt, Smith of Bryan, Stroth&,

MoNDAY, Sll:Pl'.Kli1BER 1, 1879.

130::

Davis of Houston,
DeLoach Dickin,
Dozier, Duggar, Dupree,
Fletcher, Ford, Garrard,

McGouirck, 1\Ii ller of Houston,
:Niynatt, ~is bet, Park, Patterson, Paull,
Phillips of Cobb,

Turner of Brooks, walters,
'Vest brook, Williams, F. J. Willingham, W'ilmot,
Wilson,
Yancey,

Those voting in the negative are Messrs.-

Anderson of Newton,
Born, Brintle, Buchan,
Butler, Carr, CollinR,
Cox of Harris, Davison,
Duvall,
FitzJlerald, Fort,
Fuller,
Gammage,

Grant,
Gray, Harp, Hollis,
Humber, lrYine, .Jordan of Crawford,
Kendrick, Luffman,
l\Iaund,
McConnell, ::\IcLncas,
liitchell,
Phillips of Carroll,

Poppell, Rankin, Redwine Riden,
Sharman~
Taliaferro. Tatum, Thomas, walton,
Wheeler, Wilcox, Williams, C. W. Wright,

Those not voting are Messrs.-

Anderson of Pulaski, Awtry, Barksdale, Barron,
Bell, Bennett, Bird,
Brantley, Burch of Laurens,
Burch of Towns, Cmmon, Chambers, Clegg,
Cunningham,
DuBose, Elder, Farnell,
Glover,
Greene of Baldwin, Greene of Madison,
Hall,
Hammond, Hamilton,

Harrell,

'Henderson,

Hogan,

Howell of Lowndes,

Howell of Pickens,

Hudson.

Hntchins,

Johnson of Johnson,

Kimsey,

Kinl!',

Lamb,

Livingston,

:NicAfee,

McCurry,

1\IcRae,

}lcWhorter,

Miller of Libertv,

)Iilner,



Northern,

Oliver,

Paine,

Peacock,

Perkins,

Phinizy Pike,
Puckett, Reese, Roney, Scruggs, Shannon Sheffield of Early
Sibley,
Sike~,
Smith of Oglethorpe, Smith of Walton, Strickland,
Tarver,
Tate, Toole,
Tnrner of Coweta, Vick,
Wall,
'Veehunt, Welch,
Williams of Columbia, Zellner.

Yeas, 64:.
Nays, 41. Not voting 69.

1304

J OURN.AL O.F TilE HOUSE.

So the amendment, as amended, was adopteJ. The Speaker ruled Mr. Hanks' proviso next in order, upon the point being raised. Mr. Cox, of Troup, offered a substitute for the proviso, which was lost.
On the question of adopting Mr. Hanks' proviso, no quorum voted.
Mr. Patterson demanded a call of the House. A quorum was found to be present.
Mr. Hutchins, chairman of the Committee on Finance, submitted the following report :
Mr. Speaker:
The Committee on Finance have instructed me, as their chairman, to report to the House the following facts in reference to the assessment of taxes for t.h~ yea1s 1874, 1875, 1876, 1877 and 1878 :
It being generally known that the Governors have, during the years named, levied and had collected onetenth of one per cent. on the taxable propel'ty of the State, in addition to the four-tenths of one per cent. authorized by the various tax acts, a sub-committee was raised to investiga:te and report the facts in reference thereto.
The report of the sub-committee, which was adopted as the action of the committee, is, in substance, as follows: . By an act authorizing the issue of bonds for the payment of-past due interest, for the redempti0n of past due bonds, and for such bonds as may fall due within the next three years, approved February 19, 1'3713, the Governor was authorized and directed to increase the per centage on the taxes to be collected in the year 1874, and in every succeeding year, until the whole of the bonds issued under this aet shall be paid, so that the taxes to be collected in these years shall exce~d the

MoNDAY, SJJ:l'r.KliiBER 1, 1879.

1305

amount otherwise authorizeO. to be collected by the sum of one hundred thousand dollars, this sum of one hundred thousand dollars to be appwpl"iated annually to the payment of tlH~ bonds issued under that act.
It appears that the interest on tht> bonds issued under the act of February 19, 1873, was provided for by the various tax acts from year to year, and not by the act of 1873.
The then Governor and his successor, the present in cumbent, have, therefore, exceed@d the authority given by the act of 1873, by levying, and causing to be collected, one-tenth of one per cent. on the taxable property of the State, thereby increasing the per centage beyond the rate necessary for the purpose specifif. d by that act, one-half mill. A detailed statement will show the result:
In 1874, the taxable property of the State aggregated $273,093,292, upcn whieh was collected the sum of $273,093.29, or $173,093.29 more than was authorized by law.
In 1875, thP- taxable property amounted to 8261,755,~84, upon which was collected the sum of $261, 755.8~, or $161,755.88 more than was authorized hy law.
In 1876, the taxable property amounted to $245,853,750~ upon which was collected the sum of $245,853.75, or $145,853.75 more than was authorized by law.
In 1877, the taxable property amounted to $2:-35,659,530, upon which was collected the sum of $235,659.53, or $135,659.53 more than was authorized by law.
In 1878, the taxable property of the State amounted to $2~6,221,718, upon which was raised the sum of $226,~:!1.78, or $126,221.78 more than was autholized by law.
It, therefore, appears that, after making a reasonable allowance for the expenses of colleetion, the t'XCPSS of taxes levied, over and above the .sum authorized to be
sa

1306

JOURNAL OF THE HoUSE.

collected by the act of 187"l, has amounted, annually, to more than one hunnred thousand dollars.
In concluding this report, it is but juot to the officers who have had the matter in charge, to state that while they have exceeded the authority conferred on them, the excess so levied and collected was included in the general tax, and went into the Treasury as part of the public fundi> of the State.
Respectfully submitted. N. L. HuTcHINS, Chairman.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speake1:
I am instructed. by the Senate to inform the House that the Court of Impeachment has resumed its session, and ready to receive the managers appointed by the House.
Mr. Hutchins, chairman of the Committee on Fi4 nance, submitted the following report :
Mr. Speaker:
The Committee on Finance have had under consideration a biJl to be entitled an act to repeal section 191 of the Revised Code, which provides for the pay of members of the Legislature who die during the session, or afterwards, without having received the whole or any portion of their pa.y, whicn they recommend do pass.
Also, a bill to be entitled an act to repeal an act entitled an act to prevent the burning of gin-houses in this State, by off~ring a reward for the apprehension of incendiaries, and for other purposes, approved March 6, 1875, which they recommend do not pass.
Also, the following local ana special bills, to-wit: A bill to be entitled an act to authoriza the erection of a Court-House for the county of Fulton, and the

MoNDAY, SEPTE.l\1BER 1, 1879.

1807

creation of a debt, by the issue of bonds, or otherwise,

and levy of an extra tax for said purposes, so far as

may be necessary, which they recommend do pass, by

substitute .

.Also, a bill to be entitled an act for the _relief of W m.

Rich from a judgment rendered against him in favor of

.A. H. Colquitt, Governor, at the December term, 1877,

of the City Court of Atlanta, as security upon the for-

feited bond of George McCullough, charged with mis-

demeanor, which tht>y recommend do not pass.

Proper notices of intention to apply for the passage

of said local and special bills have been published, as

required by law.



Respectfully submitted.

N. L. HuTciuNs, Chairman.

.Mr. Cox, of Harris, moved to adjourn till 3:30 P. 111. Mr. Livingston moved to adjourn for thirty minutes. The motion to adjourn till 3:30 P. )!. was lost. The motion to adjourn for thirty minutes was lost. On the question of adopting Mr. Hanks' amendment, Mr. Fort 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.-

Anderson of Morgan, Anderson of Newton, Berry, Bleckley, Born, Branch, Brintle, Buchan, Butler, Butt, Chapman, Colley, Collins, Cook, C\lx of Harris, Crawford,

Gammage, G.urard,
Grant.: Gray, H,1nks,
Harrell, Harp, Harrison, Hill, Hollis, Hulsey, Humber,
I~ey,
Johnson of Chy, Jordan of Crawford, Jordan of Wilkes,

Park,
Patler~on,
Phirips of Carroll, Phillips of Co/fee, Poppell, Prescott, Rankin, Redwine, Roach, Roberts,
Roger~,
Scruggs, Sharman, Simm;, S:nith oi B~tt~, Smith of Bryan,

1308

JoURNAL OF THE HoUSE.

Daniel, Davis of Baker, Davison, DeLoach, Die kin, Dolder, Dupree, Duggar, Fitzgerald, Fletcher, Ford, Fort, Fuller,

Kenrlrick, Kirby, Lamb, Livingston,
Luffman, Mathews,
1rlaund, McConnell, McDonald, 1\icGoutick, Mitchell, Mynatt, Nisbet,

Smith of Walton, Taliaferro, Thomas, \'Valter>, Walton, \Vest brook, Wheeler, \Vi !cox,
Williams, C. W.
Williams, F. J.
Wolmo~,
Wilson, Yancey.

Those voting in the negative are Messrs.-

Howell of Lowndes, Irvine, Lang,

Roney, Russell,

Th0se not voting are Messrs.-

Tatum, Willingham.

Adams, Anderson of Pulaski,
Awtry, l$ark<Jale, Barron, Bell, Bennett, Bird, Brantley, Burch of Laurens, Burch of Towns,
Cannon, Carr, Chambers,
Clegg, Cox of Troup, Cunningham, Davis of Houst011 Dullose, Duvall, EIJer, :Farnell, Glover, Green of Baldwm, Greene of Madison,
Hali, Hammond,

Hamilton, Harris, Henderson, Hogan, Howell of Pickens, Hudson, Hutchins.
Janes, Johnsvn of Johnson, Kimsey, King, McAfee, McCurry, .McLucas, McRae, Mc\'Vhorter, Miller of Houston, Miller of Liberty, Milner, Nor:hern, Oliver, Paine,
Paull, Peacock, Pekins, Phillips of Cobb, Phinizy,

Pike, Polht!l, Pope, Puckett, Reese, Riden, Shannon, Sheffield of Early, Sheffield of Miller, Sibley, Sikes,
Smith of Oglethorpe, Strickland, Strother, Tarver, Tate,
Toole, Turner of Brooks, Turner of Coweta, Vick, Wall, weehunt, Welch, W olliams of Columb;a Wright, Zellner.

Yeas 87. Nays 7. Not voting 80.

So the amendment was adopted.

MONDAY, SEPTEMBER 1, 1879.

1309

Mr. Patterson movPd to suspend the rules for the 11urpose of reading bills the second lime during the balance of the morning session.
The House then adjourned till 3:30 o'clock P. 11r.

3:30 0' CLOCK P. M,
The House reassembled, and was called to order by the Speaker.
Mr. Wright offered the following resolution to-wit:
A resolutiJn-
Authorizing and rPquiring the Speaker to appoint a commHtee of five to investigate the payment of fees to associate or advisory counsel in litigation to which the State is a party.
Mr. Tatum moved to lay the resolution on the table. Lost. The resolution was agreed to. The SpPaker appointed as said committee Messrs. Wright, vValton, Shannon, Sims and Tate. A. communication from the Governor, with reference to the election in Bryan county, was read and referred to the Committee on Privileges and Elections. The following bills were read the second time, towit: A. bill to incorporate the Dahlonega Air-Line Railway Company, and for other purposes. Also, a bill to incorporate the town of Maysville, in the counties of Jackson and Banks. Also, a bill to alter and amend the road laws of this State, so far as rebtes to the county of DeKalb, and to authorize the working of convicts on th~ roads. Also, a bill to amend section 4141 of the Code of Georgia,

1310

JOURNAL OF THE fiOUSE.

Also, a bill to repPal an act to reducE> the fees of TaxCollector, etc., of Forsyth county.
Also, a bill to provide another asylum for the insane of Georgia.
Also, a bill to compensate Dunlop & Dickson for public printing in 1876.
Also, a bill to repeal the 43d section of an act to armmd the clmrter of Gainesville, etc.
Also, a bill to repPal an act to prohibit the levying of more than fifty per cent. on the State tax in Jackson county.
Also, a bill to amend section 3409 of the Code with reference to service of process on insurnnce companies.
Also, a bill to amend section 3403 of the Code of Georgia.
Also, a bill to incorporate the Dublin Telegraph Company.
Also, a bill to amend section 1435 of the Code, with ref~>r~'nce to estrays.
Also, a bill to amend the act consolidating, etc., the various acts incorporating the town of Forsyth, in' Monroe connty.
Also, a bill to make it a penal offense to b::t on elec tions, and to prescribe a penalty.
Also, a bill to incorporate the National Mercantile Debt Assurance Company.
Also, a bill to allow the Board of Commissioners of Nt wton county to levy an additional tax to pay off indebtedness.
Also, a bill to alter and amend section 3583 of the Revised Code of Georgia.
Also, a bill to amend an act to create Boards of Commissioners iu certain counties, so far as relates to Sumter county.
Also, a bill to make it a penal offense for any officer to make any contract with the Governor or other offi-

TuE~DAY, SEPTE~rBER 2, 1879.

1311

cial, except the contract by which he holds his office. Also, a bill to compel insurance companies to make
semi-annual reports to the Governor; Also, .a bill to amend that part of the school law
which has reference to the examination of applicants for license.
Also, a bill to make it a penal offense to cast trees, or brush in any ditch or drain on the side of any road.
Also, a bill to change the county site of Wilcox county.
Also, a bill to prevent the driving off or penning the cattle of another, and to prescribe a penalty therefor.
Also, a bill to alter and amend section 1456 of the Code.
Leave of absence was granted to Mr. Bleckley.
The House then adjourned till 9 A. ::u:. to-morrow.

ATLANTA, GEORGIA,
Tuesday, September 2, 1879.
The Honse met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
'he roll was called and the following members answered to their names :

Those present were Messrs.-

Adams, Anderson of Morgan,
Anderson of Xewton,
Awtry, Bell, Bennett,
Berry. Bird, Bleckley,
Born, Branch,

Greene of Madison,
Hall, Hammond,
HankP, Harrell,
Harp, Harrill, Hnrrison, Hill, Hol!an,
Hollis,

Peacock, Perkins, Phillips of Carroll,
Phillips of Cobb, Phillips of Coflee, Pike,
Polhill,
Pope, Poppell,
Prescott, Rankin,

1312

JouRNAL oF TBE HousE.

Brintle, Buchan,
Bntt,
Cannon, Carr, Chambers,
Chapman,
Colley, Collins, Cook, Cox of Harris,
Cox of Troup,
Crawford, Cunningham, Daniel, Davis of Baker, D.1vi~ of Houston,
Thvi.~on,
DeLmtch, Dickin,
Dozhr, DuBo&e, Dr1ggar,
Dupree, Duvall, Elder,
Farnell, Fitzgerald,
Fletcher, For,!,
Fort, Fuller,
Gammage, Garrard, Grant,
Gray,

Howell of Lownde~~, Howell of Pickens,
Hnlso>y, Humber, Irvine,
Ivey,
Jane~,
Johnson of Clay, Johnson of JohnHon, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kirby, Lamb, Lang, Livingston, Lnfl'man,
l\Iathews, Maund, l\Ic.-\fee. 1\IcConnell, McCurry, 1\Ic I >onald, )fcGo.Iirck, ::\[cLnca><,
l\lcWhorter l\Iiller of Houston, 1\Iilner, Mitchell, l\Iynatt, Nisbet, Oliver Paine, Park, Patterson, Paull,

Redwine,
Reese, Riden, Roach, Roberts,
Roney, Russell,
ScruggH, Shannon, f'harman, She!field of Miller, Sibley,
Sikes, Sims, Smith of P.utt~, Smith, of Bryan,
Smith oi Oglethorpe,
Smith of Walton, Strother,
Tuliaierro, T:te,
Thomas, Turner of Brook~,
\Valters, \Valton,
Welch, \Vesthrook,
\\'heeler, Wilcox, Willi:um, F. J. Willingham,
\Vii mot, \Vilson,
Wri~ht,
Yancey.

Those absent were Messrs.-

Anderson of Pulaski, Barksdale, Barron, Brantley, Burch of Laurens, Burch of Towns, Entler, Clegg, Glover, Greene of Baldwin, Hamilton, Henderson,
Present 140.
Absent34.

Hudson, Hutchins,
Kimsey, King,
l\lcRae, l\Iiller of Liberty, Northern, Phinizy,
Puckett, Hog-ers,
SI.J.eilield of Early,

Strickland, Taner,
Tatum, Toole, Turner of Coweta
Vick, \Vall,
'Veehunt, Williams of Columbia, Williams, C. \V. Zellner.

TUESDAY, 8EPTE1\IBER 2, 1879.

1313

1\fr. Buchan, from the Committee on Journals. reported the Journal of yesterday examined and approved.
ThA Journal was then read and confirmed.
1\fr. Fort gave notice of a motion to reconsider.
On motion of Mr. Hulsey, the following House bill was taken up and the Senate amendments concurred in, to-wit:
A bill to incorporate the Georgia Branch of the Bell Telt>phone Company.
On motion of Mr. Mynatt, the following bill was taken up and the Senate amendments concurred in, towit:
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, in so far as to authorize the Mayor and General Council of said city to levy and collect a bnsinP.ss tax as thArein provided; to make a just and proper classification of business for taxation; fixing the time for opening and closing the tax books of said city, ancl. fr r otlwr purposes.
Mr. Fort moved to reconsider so mueh of the Journal as relates to the action of the House upon the amendment of Mt. Harris, as amended.
Mr. Duvall called for the previous question. The call was sustained, and the main question ordered. Mr. Fort called for the yeas and nays. The call was not sustained, and the motion to reconsider did not prevail. On motion of Mr. Janes, the following bill was taken up and Senate amPndments concurred in, to wit: A bill to amend the charter of the Cherokee Iron Company, so as to authorize said company to build and operate a railroad from Cedartown, Ga., to the Selma, Rome and Dalton Railroad.

1314

JoURNAL OF THE HOUSE.

On motion of Mr. Roney, the following bill was taken up, and the Senate amendments concurred in, to-wit:
A bill to amend an act to incorporate th~> town of Thompson, in tile county of Columbia, now McDuffie, approved December 16, 1859, etc.
On motion of Mr. Hogan. the followin~ bill was recommitted to the CommittP.e on Agriculture, to. wit:
A bill to repeal an act which prohibits thH sale of spirituous liquors in the towns of Carrollton, Bowden, Whitesburg and Villa Rica, in the county of CarrolL
On motion of Mr. Ha11, the following bill was taken up, and the report of the Conference Committee agreed to, and House receded from its disagreement to the Senate amendment, to-wit:
A bill to repeal sections 4387 and 4388 of the Code. Mr. Fort then moved to strike out all the proviso in the third section of the railroad bill. }ft. Hanks called the previous question. The call was sustained, and the main question or-df'red. 1\fr. Tatum 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.-

Anderson of 1\1organ, Anderson of Newton, Awt.ry,
Bell, Bennett, Born, Brintle, Buchan,
Butler, Butt,
Cannon, Col lev, Collins, Cox of Harris, Cunningham,

Fitzgerald, Fletcher, Fort, Fuller, Grant,
Gray, Harp, Hollis, Humber, Irvine, Jordan of Crawford, Kendrick, Lamb, Luffman, McAfee,

Peacock, Phillips of Coffee,
Pope, Poppell, Rnnkin,
Riden, Rogers, Roney, Scruggs, Sharman, Simms, Smith of Butte, Taliaferro, Tatum, Walton,

TuESDAY, SEXTE11IBER 2, 1879.

1315

naviPon,
DeLoach, Duptee,
Elder,~

1\IcConnell, :\fcLn<!as, Milner, Mitchell,

\Vhet>ler, \Vilcox, \Viluwt,
Wri~,;ht.

Those voting in the negative are Messrs.-

Berry, Branch, Chambers
Chapmftn, Cox of Troup, Crawford, Daniel, Dozier, DuBose,
DnuJ!nr, Duvall, For,),
Garrard, Hall,
Hank~.
Harrell,
Harri~,
Harrison,

Hill, Hogan,
Howl II of Pickens,
Ilul~ey,
lvcy,
Jane~,
Jnhn~on o! Clay, )fa thews,
llfnuml, 1\IcDon.ftld,
1\T c G o u r i c k , )I iller of Houston,
1\I.mntt,
Xi~het,
Oli\er, Paine, Park,
Patterson,

Those not voting are Messrs.-

P a n II, Phillips of Carroll,
Pr<'~cott,
HeeRc, Roach,
Roberts, Rns,.ell,
Shannon,
Siblry, Smith of Bryan,
Rtrother, Thomas,
"'alters, \Yt>stbrook,
Williams, F. J.
Willingham, Yancey.

Adnm~,
Ande~on of Pulaski, Barksdale, Harron, Bhd, Rieck ley,
of Rrnntl<.>''
Burch Laurens, llnrch of Towns,
Carr, Clegg, Cook, Davis of Raker, Davis of Houston, Dickin, Farnell, Gammage, Glover, Greene of Baldwin, Greene of l\Iadison,
Hammond,
Hamilton,

HcndE'r~on,
Howell of Lowndes,
Hnd~on, Hntchin~,
Johnson of Johnson, .Jordan of Wilkes,
Kimsey, Kin!!, Kirby,
l.~nn,!!,
Lh-ingston, 1\IcCnrry, l\IcRnE>,
l\Ic'Vhorter, Miller of Liberty, Xorthern Perkins, Phillips of Cobb, Phinizy, PikP, Polhill,

Yt>as 57.
Nays em.
Not voting, 64.

Pu~kett,
Redwine, Sheffi~ld of Early, Sheffield of l\Iiller, Sikes, Smith of Oglethorpe, Smith of Walton Strickland, Tarver,
Tate, Toole, Turner of Rrook11, Tnrner of Coweta, Vick, Wall, \Veehunt, Welch, Williams of Columbia, Williams, C. W.,
"\Vil~on
Zellner.

1316

JOURNAL OF THE HousE.

So the motion to strike out prevailed.
Mr. Miller, of Houston, moved to recommit the bill, and all bills on the same subject to a special committee of seven.
Mr. Oliver moved to indefinitely postpone the pending bill.
Mr. Colley called for the previous question on the motion to indefinitely postpone.
The call was sustained, and the main question ordered.
The motion to indefinitely postpone was lost. Mr. Westbrook moved to amend Mr. Miller's motion by making the committee twelve instead of seven. Mr. Cox, of Troup, moved to recommittee the bill to the Committee on Railroads. Mr. Wheeler called for the previous question. 'l'he call was sustained, and the main question ordered. The motion to recommit to the Committee on Railroads was lost. The amendment to strike. out "seven" and insert "twelve," was lost. The motion to recommit to a special committee was lost. Mr. Mynatt proposed an amendment to the third section. On the question of adopting the amendmE>nt, no quorum voting, Mr. Paine demanded a call ,)f the House. The roll was called and a quorum fot1nd to be present. The amendment was not adopted. Mr. vVt:>stbrook offered an amendment to the third section, which was not adopted. Mr. vValters offered an amendment, to be known as section 4th. Adopted.

TuESDAY, 8EPTEMBER 2, 1879.

1317

Section 4th, now section 5th, was taken up.
Mr. Harris offered an amendment, which was adopted.
Mr. Colley offert:>d a resolution restricting speeches ten minutes.
Read and referred to the Committee on Rules.
l\fr. Oliver offered a resolution fixing the sessions of the House from 9 to 12, and from 3 to 5.
Mr. Dozier proposed a substitute, which was lost.
Mr. Harrison moved to amend by striking ont "12" and inserting '' 1.''
Adopted. Mr. Humber moved to strike out "3" and insert "3:30." Adopted. Mr. Oliver moved to lay the resolution on the table. Lost. Mr. Oliver moved to indefinitely postpone the resolution. Agreed to. On motion of Mr. Luffman, the following bill was taken up and recommitted to the Committee on Education, to-wit: A bill to render more efficient and economical the office of State School Commissioner, and to fix proper compensation. On motion of Mr. Phillips, of Cobb, the rules were suspended and the following resolution read and agreed to, to-wit:
A resolution-
For removal of books of the State Library. On motion of Mr. Miller, of Houston, authority was granted to the special committee on the investigation of the Treasury to have three hundred copies of the testimony taken by said committee printed.

1318

JoURNAL oF' :rnE HOUSE.

Mr. Paine proposed an amendment to this section. Lost.
The following message 1\"US received from the Senate. through .Mr. Harris, Secretary thereof :
Mr. Speaker:
The Senate has passeJ. the following bill of the House of Representatives; to-wit:
A bill to be entitled an act to incorporate~thP. Brunswick and St. Simons Telegraph Company, and for other purp..>ses.
The Senate has also passed the following bill of the House of RPpresentatives, with certain amendments, in which the concurrence of the House is asked, to wit:
A bill to amend an act to incorporate the town of Thompson, in the county of Columbia, now McDuffie, approved December 16, 1859, so far as relates to the increase of tax on sale of spirituous liquo1 s.
The following message w1s received from the Stmate, through Mr. Harris, Secretary thereof:
j}fr. Speaker :
The Senate has resumed its session as a High Court of ImpeachmPnt, and is ready to receive the managers on the part of the House of R>:'prepresentatives, and I am directed so to inform the House.

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 to be entitled an act to provide a mode of proof of service when made by publication.
Also, a bill to be entitled an act to repeal an act eu-

TuESDAY, S.hPTE:MBER 2, 1879.

1319

titlei an act to pro1libit the sale of spirituous liquors in

the incorporate limits of the town of Sharpsburg, in the county of Coweta, npprovt!d February 24, 187'7.

The committee find that the proper notices required

by law have not.been given ofintention to apply for the

passage of the last bill.

The committee have had under consideration the fol-

lowing bill, which they recommend do pass, by substi-

tute, to-wit:

A bill to be entitled an act to prescribe the method

of granting license to sell spirituous or intoxicating li-

qnors in the county ofTatnall, and to increase the fee for the same to twenty-five hundred dollars.

The committee find that the proper notices required 'by law have been given of intention to apply for the

passage of this bill. The committee have also had under consideration

the following bills, whieh they report back with there-

commendation that the introducers be allowed to withdraw them, to-wit:
A bill to carry into effect paragraph 1, section o, ar-
ticle 2 of the Constitution, relating to the sale, distribution or furnishing of intoxicating drinks on election

days.

.

Also, a bill to be entitled an act to authorize the for-

mation of limited partnership associations in which the

capital subscribed shall alone be responsible for the

debts of the partnership, except under certain circum-

stances.

The committee have also had under consideration the following bill, which they recommend do not pass, towit:

A bill to be entitled an act to repeal a portion of an

act, approved February 2:3, 1879, entitled an act to prohibit traffic in intoxicating drinks in any quantity

within three wiles of Pleasant Springs Church, and of

1320

JouRNAL 01r 'l'HE HousE.

New Bethel Church, in vVashington county, and for other purposes.
The committee find that the proper notices required by law have not been given of attention to apply for the passage of this bill.
Respectfully submitted. H. G. TuRNER, Chairman.

Mr. Paine, chairman of the Committee on EnroJ,_ ment, submitted the following report:
M1. Speaker:
The Committee on Enrollment report as duly enrolled, ready for the signature of the Speaker of the House of Representatives the following nets, to-wit:
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.
Also, an act to amend an act to establish a aew charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof in so far as to authorize the :Mayor and Council of said city to levy and collect a business tax, as therein provided, and for other purposes.
Also, an act to incorporate the Georgia Branch of the National Bell Telephone Company, and for other purposes.
Also, an act to incorporate the Brunswick and St. Simons Telegraph Company, and for other purposes.
Also, an act to amend an act to incorporate the town of 'fhomson, in the county of Columbia, now McDuffie, approved December 16, 1859, so far as relates to increase of the tax on sale of spirituous liquors, and for other purposes.
Also, an act to amend the charter of the Cherokee Iron Company, so as to authorize said company to build and operate a railroad from Cedartown, Ga., to

TUESDAY, ~EPTEliBER 2, 1879.

1321

the Selma., Rome and Dalton Railroad, and for other purposes.
Also, an ar.t to r'peal section 4387 and 4388 of the Revised Code of 1873, and to prescribe the punishment for burglary, and for other purpo~es.
,V. "\V. PAINE, Cl1airman.
The following message was received from the Senate through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate refuses to adopt the report of the Committee of Conference on the following bill of the House of Representatives, to-wit:
A bill to exempt from jury duty ministers of the GospP.], physieians, apothecaries, school teachers, millers, ferrymen, certain railroad employees, all male persons over sixty years of age, and all telegraph opt>rators.
Tile Senate has adopted the following resolution, which I am instructed to transmit forthwith:
A resolutionThat the Secretary of the Senate forthwith notify the House of Representatives of the Senatt-'s action on the report of the Conference Committee on the bill to provide for certain exemptions from jury duty. Resolved further, 'l'hat the House be requested to appoint a new committee of three to meet a similar
committee from the Senate to confer in regard to the
further action of the General Assembly in said bill. Mr. Plke offered au amendment that was lost. Mr. Patterson offered an amendment that was not
adopted. Mr. Smith, of Butts, offered an amendment. Lost. J..~eaves of abst>nce were granted as follows: 'l'o l\Iessrs. Pn~swtt, Cook, F. J. williams, Cox of
Harris, and Jordan of Crawford, on account of busi84:

1322

JOURNAL OF TR.E HoUSE.

ness, and to Mr. Jordan of '\Vilkes, on account of sickness.
On motion of Mr. RidPn the following bills were recommitted to the Committee on Corporations, to-wit:
A bill to re-enact an act to incorporate the Norcross and Dahlonega Railroad.
Also, a bill to incorporate the Buford and Hiawassee Railroad Company.
The House then adjourned till 3:30 P. l\I.

3:30 O'CLOCK P. 1\I.

The Rouse reassembled, and was called to order by

the Speaker.

Leave of absence was granted Mr. McCurry of Hart,

on account of sickness.

The following bills were read the second time, to-

wit:

A bill to repeal an act to prohibit the sale of spiritu-

ous liquors in the town of Sharpsburg, in the county

of Coweta.

Al~:o, a bill to fix the compensation of Tax-Receiver

and Collector of Cherokee county, and for other pur-

poses.

Also, a bill1o authorize any Coroner of this State to

appoint a deputy, and for other purposes.

Also, a bill to regulate the p1actice in the Superior

Courts of this State as to the number and length of ar-

guments of parties and of counsel.

AIEQ, a bill to repeal an act entitled an act to regu-

late the pay of juries in Macon county.

Also, a bill to alter the law of this State relative to

the summary estahlL;hment of lost papers.

A~so, a bill to regulate the practice in cases enjoining

Sheriffs' sales.



TUESDAY, SEPTEMBER 2, 1879.

1323

Also, a bill to regulate the practice in this State as to requests to charge the jury.
Also, a bill to fix the time for holding the Superior Courts in the county of Clinch, and for other purposes.
Also, a bill to incorporate the Gate City Street Railroad Company, and for other purposes.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors for a valuable consideration in certain localities in this State, and to prescribe a penalty therefor.
Also, a bill to authorize a reduction of the capital stock of the Bank of Augusta., and to more clearly define and specify the power and authority of said bank.
Mr. vVright moved that the House adjourn till9 A.M. to-morrow.
Upon the call tor a division no quorum voted. Mr. Wright, of Richmond, asked for a call of the Honse. Upon a call of the roll no qnorum was found present. The Speaker ordered the Messenger to bring in absentees. Upon a second call of the roll a quorum was found present. Mr. Harrison moved to adjourn till to-morrow morning at 9 o'clock. The motion did not prevail. The House proceeded with consideration of bills on se<;ond reading. The following bills were read a second time: A bill to rept>al the acts creating and organizing County Criminal Courts for the counties of Bartow and Washington, and to provide for the transfer of the business pending in said courts. Also, a bill to change the time of holding the Superior Comts of the county of Fayette. .Also, a bill to authorize the County Commissioners

1324

JOURNAL 0.1!' THE HoUSE.

in the several counties in this State to appoint their own clerks, and to define his duties and pay.
Also, a bill to l'epPal the several acts creating, organizing and establishing County Courts for the counties of Duoly, Campbell, Floyd, Roekdale, MeDuffie and Clarke, and to provide for proper disposition of the business pending in said courts, and for other purposes.
Also, a bill to encourage immigration to Georgia, and for other purposes.
Mr. Wright, of Richmond, moved that the House adjourn till tomonow morning at 9 o'clock.
'fbe motion did not prevail. The House proceeded with the consideration of bills on second reading. The following bills were read the second time: A bill to be entitled an act for the mutual protection of purchasers and vendors of fertilizers in this State, and to prevent fraud in the manufacture and sale of the same, and for other purposes. Also, a bill to incorporate the Thomasville Railroad Company, and grant certain privileges. Also, a bill to carry into opt:>ration paragraph 4, sEction 1, article 11 of the Constitution of this State. Also, a bill to repeal an act approved February 19, 1876, reducing the corporate limits of the town of Waycross, in the county of Vvare. Also, a bill to regulate the practice in certiorari cases to suspend the issuing of execution, and for otier
purposes . .Also, a bill to prevent imposition in the sale of com-
mercial fertilizers to authorize total or partial failure of consideration to be pleaded against notes given for the purchase of wortl..tless fertilizers, whether said notes are in the hands of the payee or transferee.
Also, a bill to autho1ize the ert:ction of a Court

TUESDAY, SEPTEMBER 2, 1879.

182~

House for the county of Fulton, and the creation of a debt by the issue of bonds or otherwise, and levy of an extra tax for said purposes so far as may be necessary.
Also, a bill to incorporate into the corporate limits of the city of Albany, Ga., the grounds and premises of the Southwest Georgia Industrial Association for park and police purposes, and to authorize said city to keep said grounds in repair.
Also, a bill to empower the County Commissioners of Coweta county to purchase the bridge at Moore's Ferry, on the Chattahoochee River, and for other purposes.
Also, a bill to define who are agents of insurance companies not incorporated by or under the laws of this State, and to fix their liability when not acting by authority of law.
Mr. Cox, of Harris, moved that the House adjourn till to morrow morning at 9 o'clock.
Upon a division the motion was not sustained. Mr. Wright, of Richmond, asked for a call of the House.
Upon a call of the roll a quorum was found present. Upon motion of Mr. Humber, of Putnam, the House adjourned till to-morrow at 9 o'clock A. M.

1326

J 0 URNAI.o OF 1'RE HOUSE.

ATLA:"i1'A, GEORGIA,
"\Vednesday, September 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 the following members answered to their names :

Those present were Messrs.-

Adams, Anderson of Morgan, Anderson of Newton, Awtry, Bark.uale, Bell, Bennett, Berry, Born, Branch, Brintle, Buchan, Burch of Town>, Butler, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Colley, Collins, Cox of Harris, Cax of Troup, Crawford, Cunningham, Dani.l, Davis of Houston, Davison, DeLoach, Dick in, Dozier, DuBose, Duggar, Dupree, Duvall, Elder, Faruell.

Greene of Madison, Hall, Hammond, Hanks, Harrell, Ilarp, Harris,
II"rrison,
Hender~on,
Hill, Hogan, Hollos, Howd\ of Lowndes, Howell of Pickens, Hulsey, Humber, Iiutchius, Irvine, Ivey, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Kendrick, Kimsey, Kirby, Lamb,
Lidngston, LufTnun, :Mathews. 1\faund, McAfee, McConnell, McDonald, McGouirck, McLucas, McRae, Miller of Houstou,

Pe:1ccck, Phillips of Cartoll, Phillips of Cobb, Phi lips of Coffee, Phinizy, Pice
Pol hill, Pope, l'oppell, Prescott, Rankin, R- dwine, Reese, Riden, Roch, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Miller, Sibley, Simms, Smith of Butts, Smith of Bryan, Smith of Ogethorpe, Smith of Wa:ton, Strickland, Strother; Taliaferro, Tarver, Tate, Tatum, Thomas, Turner of Brooks, Walters,

WEDNESDAY, SEPTEMBER 3, 1879.

1827

Fih:gerald, Fletcher,
Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray, GloTer,

Miller of Liberty, Milner, MitcheH,
Mynat~,
Nisbet, Oliver, Paine, Park, Patterson,
Paull,:

Those absent were Messrs.-

Anderson of Pulaski, Barron, Bird, Bleck ley, nrantley, Burch of Laurens, Cook, Dads of Baker, Greene of Ba.Jwin, J-I ami!ton, Hudson,
Present, 143.
Absent, 31.

Jordan of Wilkes, King, Lang, McCurry, McWhorter, Northern, Perkins, Puckett, Sheffield of Early, Sikes,

\Valton, 'Vestbrook, Wheeler, '''ilcor, Williams F. J. Willingham, Wilmot, Wright, Yancey.
Toole, Turner of Coweta, Vick-, Wall, Weehunt, Welch, Williams of Columbia, Williams, C. W. \Vi" son, Zellner.

Mr. Buchan, from the Committee on Journals, reported the Journal of yesterday examined and ap proved.
The Journal was then read and confirmed.
1\fr. Harris gave notice cf a motion to reconsider.
On motion of Mr. Harris, the following bill was taken up and the same committee of conference re-appointed, to-wit: Messrs. Harris. Humber and Duvall on a bill to exempt certain persons therein named from jury duty.
On motion of 1\fr. Rankin, the following bill wastaken up and recommitted to the special committee on the Macon and Brunswick Railroad, to-wit:
A biH to regulate and dl-'fine the liability of the State of Georgia as owner of the Macon and Brunswick Railroad
On motion of Mr. Phillips, of Carroll, the rules were

1328

JoURNAL OF TIIE HOUSE.

suspended, the following bill taken np, read the third time, and the report of the committee agreed to ; the evidence of the publication of the notice required by law was exhibited, ancl the bill passed by the requisite constitutional majority ; yeas 103, nays none, to-wit:
A bill to amend an act to consolidate_ amen1 and supercede the several acts incorporating the town of Carrollton, in the county of Carroll, and to grant certain privilPges to the same, approved August 20, 1872.
The action of the House was at once transmitted to the Senate.
Mr. Adams presented a memorial from \V. H. Strickland with reference to the election for Representative from Bryan county.
Read and referred to the Committee on Privileges and Elections.
On motion, Mr. Shannon was granted permission to withdraw the following bill, to-wit:
A bill to incorporate the Carnesville Railroad Company, and for otlwr purposes.
M1. DeLoach offered the following l'esolution, which was read and agreed to, to wit :
A resolntion-
Req nesting the Committee on Privileges and Elections to report at once as to all matters touching the election of a Representative of the county of Bryan.
Mr. Harris moved tl) reconsider so much of the Journal as relates to the action of the House in striking out all of the third section of the General Railroad bill, commencing with the words "provided further" to the end of thH SPction .
.Mr. 'f.ttum moved to lay the motion to reconsider on the table.
l\fr. Paine called for the yeas and nays. The call was sustained, and on calling the roll the vote was as follows:

WEDNE!'IDAY, SEPTEliBER 3, 1879.

1329

Those voting in the affirmative are Messrs.-

Anderson of 1\Iorc::nn,
Anlerson of NewLOn, Bennett., Born, Brintle, Buchan,
Burch of To\vns, Butler, Butt,
Ca.mon, Carr,
Chambers, Chapman,
Collin~,
Cox o Harris, Cunningham, D:miel,
Davison,
DeJ.oach Dickin,
Dupree,

ElIE'r, Fitz!!cralu,
Flt>tcher, Fort, Fuller, Gammage,
Gr:mt, Gray,
Greene of :M:adison, Hall, Harp,
Hullis, Irvine,
.Tordan of Crawford, Kemlrick, ]{ i ul'ey,
Lnff'man,
l\Ie.\fee, McConnell,
McLuca~.
Milner,

Mitchell,
PP:~cock,
Phillips of Coffee, PoppPII, Rankin, Reel wine
Riden, Rnney,
Scrugg~,
Shannon Rharman
Simm~,
Smith of O!!:lethorpe, Smith of walton, Taliaferro,
Tatum,
'Valtcrs,
'V:tlton, 'Wheeler,
"'ilcox, Wilmot.

Those voting in the negative are Messrs.-

Awtry,
Bell, Berry, Branch,
Colley, Cox of Troup, Crawford,
Davis of Uouston, Dozier, Duggar,
Duvall, Farnell, Ford, Garrard,
Hank~,
Harrell, Harris,
Harrison, Hill, Hogan,
Hlwell of Lowndes,
Howell of Pickens,

Hnl~ey,
Humber, Ivey, Janes,
John<on of Clay, J,tmh, Mathews, l\laml, l\Ic Donald, 1\IcUouirck, 1\Iillt!r of Houston, 1\Iiller of Liberty, 1\Iynatt, Nisbet, Oliver, Paine, Park,
Pal terson, Paull, Phillips of Carroll, Phillips of Cobb,
Polhill,

Those not voting are Messrs.-

Pope,
Pre:~cott,
Ree~e,
Roach, Roberts, Rogers,
Ru-~ell,
SheflielJ of l\Iiller,
Sibley, Smith of Bult~, Smith of Bryan, Strother,
Tarver, Tate, Thomas,
Turner of Brooks, Westbrook, Williams, F. J. Willingham,
Wright, Yancey.

Adam~,
Antlcr~on of Pulaski,
Bark~dale,
, BarrtJn,
Bird

IIendcrson, Hudson, Hutchins, Johnson of .Tohnson, Jarda.n of Wilkea,

Pike, Puckett, Sheffield of Early
Sike~,
Strickland,

1330

JOURNAL OF TIIE RoUSE.

Blecklt>y,
of Brantley,
Burch Laurens, Cleg-g, Cook, Davi~< of Baker, DuBose, Glover, Greene of Baldwin, Hammond, Hamilton,
Yeas, 63.
Nays, 65.
Not voting 46.

Kin!!', Kirby,
Lan~r, J,hing~ton,
:McCurry, 1\IcRne, McWhorter,
Northern, Pt>rkins, Phinizy

Toole,' Tnrner of Coweta, Yick,
'Vall, 'Vt>ehunt, Welch, Williams of Columbia, Williams, C. W. Wilson, Zellner.

So the motion to lay on the table did not prevail.
The motion to reconsider prevailed. The business in order was the continued consideration of the railroad bill. By unanimous consent Mr. Mftthews proposed to amf>nd the third section by striking out all after the word "State " in the 46th line of said section.
Mr. Fort called for the yeas and nays on said amendment.
The call was sustained, and on calling the roll the vote was as follows :

Those voting in the affirmative are Messrs.-

Anderson of Morg-an,
Anders<'I: of Newton, Awtry, Bennett, Born,
Brintle, Buchan, Butt, Cannon, Cart, Collins, Cox of Harris. (,'unningham, Davison, Dupree, Elder,

l<itzg-erald.
Fletcher,
Fort,
Gammage, (irav, Greent> of l\fadi~<on, Howell of Lowncle~<, Jordan o Crawford, Kendrick,
Mathew~<,
1\lcConnell, 1\IcGouirck, l\Iiller of Liberty, l\iilnt>r, Peacock,

Phillip(of Coffee,
Poprell, Rankin, ned wine,
8crnggR,
Shnnnon, Shnrman,
~imtn!=l,
Strnthr>r, Taliaferro, Tntnm,
'Vnlton, 'VIoeeler Wilcox, Wilmot.

WEDNESDAY, SEPTEMBER 3, 1879.

1931

Those voting in the negative are Messrs.-

Bark.~dale,
Hdl,
Herry, Branch, Buch of .rown!l, Butler, Chapman Colley, Cox of Troup, - Cra\vford, Daniel, DeLoach, Dick in, Dozier,
Dn~~ar,
Duvall a_
Farnell, Ford, Fuller, Garrard 1-1 all, Harrell, Harp,

ITarri~,
Uowdl of Pickens,
Hnl~ey, Ifu~t~ber,
Irvine, Ivey, Janes, Johnson of Clay, KimRey, Lamb, Luffman, l\Iannd, McDonald, l\lcJ.ncaR, 1\liller of Houston, 1\litchell,
M.vnatt,
~isbet,
Oliver, Paine, PPaattrek~son,

Paull, Phillips ol Carroll, Pope, Reese, Riden, Roach, Roberts, Rogers, Roney, RnRsell, Sibley, Smith of P.ntbo, Smith of Bryan, Smith of Walton,
Tarver, Tate, Thomas,
'Valters, 'Vest brook,
Williams, F. J.
Wriglit, Yancey.

Those not voting are Messrs.-

Adam~,
Ar..:ler,.on of Pulaski,
Barron, Rird,
Bleck ley, Brantley, Burch of Laurens,
Chambers,
Cleg~,
Cook, Davi!l of Raker, Davi!l of llouo;lfltl1 DuBose, Grant,
Glover, Greene of Baldwin, Hammond,
Hamilton,
HankR, H1LrriRon,
Henderson,

Hill, HO!ran, JiolliR, IIIcl!lon, Jintchinll, John~on of Johnson, Jortlan of Wilkes, King, Kirby,
Lantr, J,i,ingston,
!\1c \fee, l\IcCnrry, l\IcRae,
l\lc 'VIwrter, Northern, Perk ius,
Philip of Cobb, Phinizy, Pike,

Polhill, Pre!lcott, Puckett, Shcffied of Early,
Sheffie-i of Miller, SikeR,
Smith of Oglethorpe Strickland, Toole,
Turner of Brook", Turner of Coweta,
Vick, Wall
Weel;nnt,
'Vetch, William!! of Columbia, William~, C. W.
Willin~ham,
'Vilon, Zellner.

Yeas4R. Nays 67. Not voting 61.

So the amendment was not adopted.

1332

J OURN.AL O.F THE HOUSE.

Mr. Carr off..,red an amPndmf'nt, to be added at the end of section 4th of the printed bill.
Adopted.

Mr. Fort, of Sumter, chairman pro tem. 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 pass, to-wit:
A bill to be entitled an act declaring the indors~>mPnt of the State's guaranty on the bonds of the Northeastern Railroad Company, under an aet approvPd October 27, 1870, to bP null and void, and unconstitutional, and prohibiting the Governor, or Treasurer, or any oth~>r officer of the Stat~ from paying the same.
Also, a bill to be entitled an act to amend section 1832 of the Code.
Also, a bill to be entitled an act to prevent the maintaining or carrying on of any lottery, or agency of lottery, in this St,lte, and for other purposes.
Also, a bill to be entitled an act to provide for the survival to and against the legal representati\es of deceased persons of causes of action and actions for tort.
Also, a bill to be entitled an act to authorize and require the Governor to furnish to counties, whose court houses have been burned, ceitain coptes of the Supreme Court Reports of this State, Code of Georgia, and standard weights and measures, where the same have been destroyed.
AI so, a bill to be entitled an act to amenrl section 655 of the Code of 1873, by adding a proviso allowing Commissioners of Public Roads to resign after two years consecutive service.
The committee have also had under consideration

WEDNESDAY, 8EPTEl\IBER 3, 1879.

1333

the following bills, which they recommend do pass, as nmentlell, to-wit:
.A bill to be entitled an act to prPscribe the fees of the Clerks of the Superior Courts for all services reqnirPd of him in the appointment of Commercial Notaries Public, and for other purposes.
.Also, a bill (conEolidated for bills 448, 520 and 719) to be entitled an act to provide for the creation of Boards of Commissioners of Roads and Revenues in the counties of Emanuel, 1\farion and Johnson; to prescribe their power~, and to limit the compensation of the offices employt>d by them.
The committt:>e find that the proper notices required by law have been given of intention to apply for the passagP. of the several bills consolidated in the last bill above mentioned.
The committee have also had under consideration the following bill, which they recommend do pass, by substitute, to- wit:
A bill to be entitled an act to make the employment of any minor, who has a living parent or guardian, illegal, without first obtaining the written consent of such parent or guardian; to declare such illf'gal employtu~-'nt a misdemeanor, and prescribe a punishment for the same, and for other purposes.
The committee have also had under consideration the following bills, which they recommend do nut pass, to-wit:
A bill to be entitled an act to simplify and expedite the trial of civil cases iu the courts of this State, Iegulating the evidence therein in certain cases, and for other purposes.
Also, a bill to be entitled an act to encourage parties carrying case3 to the Supreme Court to use printed tran3cl'ipts of tile record. and copy bills of exception for the convenience of that court, and to regulate the

1334

JoURNAL OF THE HoUSE.

fees of the Clerks of the Superior Courts in such cases.
AU.F.N FonT, Chairmnn protem. Mr. 1\filler, of Houston, chairman pro tem. 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, by substitute, to-wit:
A bill to be entitled an act to carry into effect so much of article 7, section 1, paragraph 2, of the Constitution of 1877, as rt>lates to supplying substantial artificial limb or limbs to soldit>rs who lost limbs in the military st>rvice of the Conft:dt>rate States; to provide for the same, and for other purposes.
They have also had under consideration tbe following bill, which they recommend do not pass, to-wit:
A bill to be entitled an act for supplying the solil.iPrs who have lost a limb or limbs in the military St"rvice of the Confederate States with a substantial limb or limbs during life, and to carry into effect paragraph 1, section 1, article 7, of the Constitution in reference to the same.
A. L. MrLLER, Chairman pro tem. Mr. Luffman proposed to amend the sixth SPction of the printed bill by striking out all after the word "dollars" in the 15th line of said section. Lost. Mr. Oliver proposed to amend by striking out " 1,000 " and inserting " $500." Lost. Mr. Hulsey proposed to stl'ike out "$~5,000," and insert "such sum as the jury may think proper, not to exceed $25,000." .Adopted.

l WEDNESDAY, Sl!:J:>.l'EMBER 3, 1879.

1335

Mr. Fort proposed to amend the eighth section by adding ",Judidal Notades."
Au opted.
M1. Awtry proposed to fill the blank with the word "State."
Mr. Paine proposed to fill the blank with the word ''lcounty. ''
Lost.
Mr. Awtry's amendment was adopted.
1\fr. A wtry proposed to fill the second blank with the words "common school."
Mr. Garrard proposed to fill th~ blank with .tht> word "such," and add "as the General Assembly may direct.''
Adopted.
l\fr. Garrard proposed to strike ont the word "other" in Eaid section before the word "civil."
AdoRted.
Mr. Hat1ks offered a substitute for section 11 (section 10 print1d bj]l.)
The following lfaves of absence were granted : To Mr. Chapman on business, and to Mr. Wilmot on account of sickness.
On motion of Mr. Luffman, the following bill was recommitted to the Committee on Finance, to wit:
A bill to amPnd the tax laws of the State of Georgia so far as the same relates to railroad companies, and to define their liabilitit>s.
On motion of Mr. 'Vilmot the time of the House was extended five minutes.
On motion of :Mr. \Vilmot the rules were suspended and the following bill read the second time, to-wit:
A bill to prohibit the running of express and passenger trains on the Sabbath day, and to prescl'ibe penalties for the same.

1336

JOURNAL O.F THE HOUSE.

The report of the committee, adverse to the passage of the bill, was disagreed to.
'l'he House then adjourned til! 9 A. 11. to-morrow.

.ATLANTA, GEORGIA,
Thursdny, September 4, 1879.
The Honse met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by tlle Cllaplain.
'l'he roll was called and the following members answered to their names:

Those present were Messrs.-

Adams, Anden;on of 1\!organ, Anderijon of Newton,
Awt.ry, l:lark.l!uale,
l:lell,
:BI!uuett, &rry,
l:loru1 llrunch, lirimle, lluchun, llurch of Towns, :Butler, liuLt1 Cannon, Carr, (.;hawbers,
(.;bapman,
Ulegg, Uollq, Uoilius, Cook, t:ox of Harris, (.;ox oi Troup, <.:rawforu,
<.:uuuingbam,
lJa.niel,

Hall, Hammond, HaukP, Harrell, Harp,
llarriB1 Harri.~on 1 Hill, Hogan, Hollis, Howell of Lowndes, Howell of .Pickens,
lluls~y,
Hum1Jer1 Irvine,
Ivey,
Jane~,
Johllijon of Clay,
Jordan of Urawford,
Kendrick, Kimsey, King, Lawb, Lan&;, Li vIIL;!ston, Lullmau1 i\Iatlit:ws, Maund,

Phillips of Cobb, l:'hilli ps of Uollee, :Phiuizy,
:Pike, Pol hill,
1'ope, Poppell, 1-tuukin, 1-!.ed wiue,
1-!.ee~e,
ltitlen,
1wach, Houerts,
Hogers,
!toney, ltussell,
Scrugg~",
Shannon,
~harwan,
Sheffield of Early, Sheffield oi .Miller, Siuley, Sikt:P,
Siwm~,
Smitla of P.utt~, S111ith, of R) an, l:iiUith oi Ogl~::1horpe, Smith of Walton,

TnuRSD.A.Y, SEPTEMBER 4, 1879.

1337

Davis of Baker, Davis of Houston,
Davison, DeLoach, Dickin, Dozier,
DuBose, Duggar,
Dupree, Duvall, Elder, Farnell,
Fitzgerald, Fletcher,
Ford, Fort,
Fuller,
Gammage, Garrard, Grant, Gray,
Greene of Madison,

McAfee.
McConnell, McDonald, McGouirck,
McLucas, McRae, l\Ic Whorter1
Miller of Houston, Miller of Liberty, Milner,
Mitchell, Mynatt, Nisbet,
Northern, Oliver
Paine, Park,
Patterson, Paull,
Peacock,
Phillips of Carroll,

Those absent were Messrs.-

Anderson of Pulaski, Barron, Bird, Bleckley, Brantley, Burch of Laurens, Glover, _
Greene of Baldwin, Hamilton,

Henderson, Hudson, Hutchins,
Johnson of Johnson, Jordan of Wilkes,
Kirby,
McCurry, Perkins,
Prescott,

Present 148. Absent26.

Strickland, Strother, Taliaferro, Tarver, Tate, Tatum,
Thoma.~,
Turner of Brook,, walters, \Vestbrook, Wheeler, \Vilcox, Williams of Columbia. Williams, C. W. Williams, F. J. Willingham, Wilmot, Wilson, Wright, Yancey, Zellner.
Puckett, Toole, Turner of Coweta Vick, Wall, Vleehunt, Welch, Walton.

Mr. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and confirmed.
Indefinite leave of absence was granted to Mr. J ordan, of Wilkes, on account of sickness.
Leave of absence was granted to Mr. Anderson, of Morgan, on account of sickness in his family.
On motion of Mr. Anderson, of Newton, the following bill was taken up, read the third time; the report of the committee was agreed to ; the evidence of the
85

1B38

JOURNAL OJ! THE HOUSE.

publication of the notice required by law was exhibited, and the bill passed oy the requisite constitutional majority; yeas 107, nays none, to-wit:

A bill to allow the Board of Commissioners of Newton county to assess an additional tax over and above the amount now allowed by law for the year 1879, and

for so. many years thereafter as the board may think

proper to pay indebtedness of the county.

On motion of Mr. Fuller, the rules were suspended and the following bill taken up, read the third time;

the report of the committee was agreed to ; evidence of the publication of the notice required by law was

exhibited, and the bill passed, by substitute, by the

requisite constitutional majority; yeas 102, nays none,

to-wit:



A bill to change the county site of "\Vilcox county

from Abbeville to lot of land No. 135 in the first dis-

trict of Wilcox county ; to review the act of 1857 creating a new county called Wilcox, and to carry out th~ true meaning and intents of said act.

On motion of Mr. Paine, the rules were suspended

and the following Senate bill read the first time and referred to the Committee on the Judiciary, to-wit:

A bill to prescribe the time of holding the Superior

Courts in the Eastern Circuit. On motion of Mr. Garrard, the rules were suspended

and the following Senate bill read the first time andre-

ferred to the Committee on the Judiciary, to-wit:

A bill to repeal section 3095 of the Code, and substi-

tute another therefor. On motion of Mr. Phillips, of Coffee, the rules were

suspenned and the following bill introduced, read the

first time, and referred to the Committee on the Judi-

ciary, to-wit :

A bill to change the time ot the Superior Courts in

the county of Coffee.

THURSDAY, SEPTEMBER 4, 1879.

1339

On motion of Mr. Gammage, the rules were suspended and the following bill introduced, read the first time and referred to the Committee on Agriculture, towit:
A bill to create a lien on mares and their colts in favor of owners of stallions and jacks under certain circumstances.
Ou motion of Mr. Strickland, the rules were suspended and the following bill read the third time, and passed by the requisite constitutional majority; yeas 93, nays none, to-wit:
A bill to fix the time for holding the Superior Courts in the county of Clinch.
The action of the House on the bill to change the connty site of Wilcox county was ordered at once transmitted to the Senate.

Mr. Miller, chairman pro tem. 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 the introducers be allowed to withdraw, to-wit:
A bill to be entitled an act for the relief of the estate of John Caldwell, deceased.
Also, a bill to be entitled an act to regulate andreduce the compensation of Tax-Collector and the Receiver of Tax Returns of Richmond county.
Also, a resolution appointing the State Librarian to take charge of the Executive Archives of the State to classify and arrange the same, and for other purposes.
The com:nittee 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 an aot approved February 25, 1876, to amend the laws of this State for

1340

J OURNA.L OF THE fiOUSE.

the protection of the State Treasury, so as to reduce the bond of State Treasurer from two to one hundred thousand dollars.
Also, a bill to be entitled an act for the relief of Philip Phillips, of Washington, D. C.
The committee have also had under consideration the following resolutions, which they rPcommend do not be adopted, to-wit :
.A. resolution-
Providing that no additional mileage be received by members and officers of the General Assembly on account of the late recess.
The committee have also had under consideration the following bill, which they recommend do pass, by substitute, to-wit:
A bill to be entitled an act to give the consent of the State to the condemnation of certain property of the State on Spring street, in the city of Atlanta, for street purposes.
Also, the following bill, which they recommend do pass, with certain amendments proposed by the committee, to-wit:
.A. bill to be entitled an act to provide for the compensation of the Commissioners of Roads and Revenues for Mitchell county, and the payment of the same.
Also, the following Senate bill, which they recommend be referreu to the Committee on the Judiciary, to-wit:
.A. bill to be entitled an act to provide for the compensation of jurors for services in Justice Courts, and for other purposes
The committee have also had under consideration the report of R. N. Ely, Attorney-General, in response to the resolution of the House, calling on him to furnish a statement in reference to certain railroad tax cases, etc.

THUR~DAY, SEPTEllBER 4, 1879.

1341

And they recommend that said report be referred to thd special committee of five appointed to investigate the amount of fees paid, or contracted to be paid, to certain counsel in litigation where the State has been a party.
Respectfully submitted. A. L. MILLER, Acting Chairman.

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 act, to-wit:
An act to amend an act to establish a new charter for the city of Atlanta, approvP.d February 28, 1874, and the several acts amendatory thereof, in so far as to authorize the Mayor and General Council of said city to levy and collect a business tax as therein provided ; to make a just and proper classification of business for taxation ; fixing the time for opening and closing the tax books of said city, and for other purposes therein mentioned.
Mr. Fort, of Sumter, chairman pro tem. 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 to be entitled an act to repeal an act requiring judgment creditors in certain cases to have their judgments recorded in the county of defendant's residP-nce, and in lieu thereof to require a proper docketing of the ji.fas. in such cases.

1342

J OURN.A.L O.F THE HOUSE.

Also, a bill to be entitled an act to regulate the traffic in oats, corn, cotton, and other farm products, outside of incorporated towns in the county of Thomas, in this State.
The committee find that the proper notices required by law have been given of intention to apply for the passagP. of the last named bill.
The committee have han under consideration the following bills, which they recommend do pass, by substitute, to-wit:
A bill to be entitled an act to transfer the county of Stewart from the Chattahoochee Jndicial Circuit to the Pataula Circuit, in this State, and to provide for the holding of the Superior Courts in said county.
Also, a bill to be entitled an act to amend section 4538 of the Code of 1873, relative to keeping gaming houses, and section 4540 of said Code, relative to keep ing gaming tables, to provide for the more full enforce ment of the laws against gambling, and for other purposes.
ALLEN FoRT, Chairman pro tem.

Mr. Paine, Chairman of the Committfe on Enrollment, submitted the following report:
Mr. Speaker:
The Committee on Enrolltru'lnt have examined andreport as duly enrolled, signed by the Speaker of the House of Representatives, President of the Senate, and delivered to the Governor, the following acts, to-wit:
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.
Also, an act to amend an act to establish a new charter for the city of Atlanta, approved February28! 1874, and the several acts amendatory thereof in so far as to authorize the Mayor and Council of said city to levy

THURSDAY, SEPTEMBER 4, 1879.

1343

and collect a business tax, as therein provided, and for other purposes.
Also, an act to incorporate the Georgia Branch of the National Bell Telephone Company, and for other purposes.
Also, an act to incorporate the Brunswick and St. Simons Telegraph Company, and for other purposes.
Also, an act to amend an act to incorporate the town of Thomson, in the county of Columbia, now McDuffie, approved December 16, 1859, so far as relates to in crease of the tax on sale of spirituous liquors, and for other purposes.
Also, an act to amend the charter of the Cherokee Iron Company, so as to authorize said company to build and operate a railroad from Cedartown, Ga., to the Selma, Rome and Dalton Railroad, and for other purposes.
Also, an act to repeal sections 4387 and 4388 of the Revised Code of J 873, and to prescribe the punishment .for burglary, and for other purposes.
W. W. PAINE, Chairman.
On motion of Mr. Butler, the following bill was recommitted to the Committee on Privileges and Elections, to-wit:
A bill to amend the act requiring the registration of voters in Camden county.
On motion of Mr. Hollis, the rules were suspended and the following bill read the second time, to-wit:
A bill to provide for the creation of Boards of Commissioners of Roads and Revenue in the countif's of Emanuel, Marion, and Johnson, to prescribe their powers and duties, and to limit the compensation of officers employed.
On motion of Mr. Hall, the following bill was taken from the table and placed in its order on the calendar, to-wit:

1344

JOURNAL OF THE HOUSE. '

A bill to prescribe the practice in claim cases. On motion of Mr. Dicken, the following bill was taken up and read the second time, to-wit: A bill to provide for the creation of Boards of Commissioners of Roads and Revenue in the counties of Cobb, Dooly, Henry, Paulding, Telfair and vVashington, in this State, to prescribe their powers and duties and to fix and limit their compensation and the pay of officers employed by them.
On motion of Mr. Miller, of Liberty, the rules were suspended and the following bill read the second time, to-wit:
A bill to fix the amount of license for selling liquors in the counties of Wayne, Liberty, Coffee, and Appling, in this State, and to prescribe a punishment for violations of t.his act.
The consideration of the gen~ral railroad bill was resumed, Mr. Mathews having the f:l.oor on the question of adopting a substitute for section 11 of the bill.
Mr. Cox, of Troup, called the previous question on the substitute proposed by Mr. Hanks.
The call was sustained, and the main question ordered.
The amendment was lost. Mr. Luffman's substitute was then taken up. Mr. Cox, of Troup, called for the previous question, but withdrew the call. Mr. Colley then called for the previous question on the substitute and pending amendments. The call was sustained, and the main question or dered. The substitute was amended and adopted. Mr. Mathews' substitute was ruled out of order. Mr. Cox, ef Troup, moved to amend by striking out the entire section 11. Mr. Mathews called for the previous question.

THURSDAY, SEPTEMBER 4, 1879.

1345

The call was sustained, and the main question or-
dered. Mr. Milner called for the yeas and nays on the mo-
tion to strike out the section. The call was sustained, and on calling the roll the
vote was as follows :

Those voting in the affirmative are Messrs.-

Anderson of Newton,
Awtry,
Bell, Berry,
Born,
Cook, Cox of Troup,
Cunningham, Davis of Baker,
DeLoach, Dozier,
DuBose, Duggar, Elder, Fletcher,
Ford, Garrard,
Gray, Harp,

Hogan,
Hollis, Howell of Lowndes,
Howell of Pickens,
lvey, Jordan of Crawford, Kimsey,
:Mathews,
:Maund, McDonald,
McGourick, Mc\Vhorter,
Miller of Houston, Miller of Liberty,
Mitchell, Oliver, Park,
Paull,

Phillip~ of Carroll,
Phillips of Cpffee,
Phinizy,
Pope, Roach, Roberts,
Russell,
Sikes, Simms, Smith of Butte, Smith of Bryan,
Smith of Walton
Tarver, Tate, "Walters,
Williams, C. W., Williams, F. J. Willingham.

Those voting in the negative are Messrs.-

Anderson of :Morgan,
Bennett,
Brintle, Burch of Towns,
Butler,
Butt, Cannon,
Carr, Chapman,
Colley, Collins, Cox of Harris,
Crawford, navison,
Dupree, Duvall, Farnell,
Fitzgerald, Fort, Fuller,
Gammage, Grant,
Hall,

Hanks,
Harrell, Harris,
Harrison, Hill, Hulsey, Humber,
Janes,
Johnson of Clay, Kendrick,
King, Lamb,
Lang, Livingston, Luffman,
McAfee, McConnell,
McLuo!as, Milner,
Mynatt, Nisbet, :Northern
Paine,

Patterson, Poppell,
Rankin, Redwine,
Riden,
Rogers,
Roney, Scruggs,
Shannon, Sharn1an, Sheffil'ld of Early,
Strickland,
Strother,
Tatum, Thomas,
\Va!ton, Westbrook,
Wheeler, Wilcox, Wilson
Wright, Yancey, Zellner.

1S48

JOUR-NAL OF THE HOUSE.

'l'hose 11ot voting are .Messrs.-

Adams, AnderRon of Pulaski,
Barksdale, Barron, Bird, Bleakley, Branch, Brantley, Buchan, Burch of Laurens, Chambers Clegg, Daniel,
Da"'iR of Houston, Dickin, Glover, Greene of Baldwin,

Greene of Madison, Hammond, Hamilton,
Henderson,
Hud~on,
Hutchins,
Irvine, Johnson of Johnson, Jordan of Wilkes,
Kirby,
:McCurry, 1\IcRae,
Peacock,
Perkins, Phillips of Cobb, Pike, Polhill,

Prescott, Puckett, Ree.qe,
Sheffield of Miller,
Sibley, Smith of Oglethorpe,
Taliaferro, Toole, Tomer of Brooks,
Turner of Coweta, Vick,
Wall, Weehunt,
Welch. Williams of Columbia, Wilmot.

Yeas 55. Nays 69. Not voting, 50.

So the motion to strike out did not prevail.
Mr. Yancey offered an amendment to be known as section 12th of the bill.
Adopted. Mr. Westbrook offered an amendment to be known as section 13th. Adopted. Mr. Cox, of Trc up, moved to strike out all after the word ''and" in the 8th line of the 14th section. Mr. Fort moved to add a proviso making fees conditional, and allowing no case discontinued. Lost. Mr. Cox's amendment was adopted. Mr. Harris moved to strike out "Attorney-General," where it accurs in this section. Withdrawn. Mr. Humber proposed to strike out the word "their," wherever it occurs, and insert "his," and change "commissioners" to "commissioner." Adopted.

THURSDAY, SEPTEMBER 4, 1879.

1347

Mr. Livingston proposed to add to the section beginning at the 8th line, to which Mr. Yancey o:fferered an amendment.
Mr. Yancey's amendment was adopted, and Mr. Livingston's amendment, as amended, was adopted.
Mr. Northern proposed an additional section to be section 15.
Mr. Cox, of Troup, offered an amen<'Jment to the section, that was adopted, and the section, as amended, was adopted.
Mr. Redwine moved to amend section 12th of the printed bill, by striking the final "s" from commissioners, wherever it occurs, and changing the word " are" to "is" where it occurs.
Adopted.
Mr. Fort proposed to amend by striking out certain portions.
Adopted.
Mr. Cox, of Troup, moved to strike out the entire section.
Lost.
"Commissioners," on motion of Mr. Cook, was changed to "Commissioner" in the 13th section of the printed bill.
On motion of Mr. Northern the same amendment was adopted for the 14th section.
Mr. Mathews' amendment, inserting the words "Judge of," was adopted.
" Commissioners" stricken out and "Commissioner" inserted in the 15th section of the printed bill.
Mr. Cox, of Troup, moved to strike out the section. Adopted. On motion of Mr. Strother "Commissioners" was changed to "Commissioner" in the 16th section of the printed bill, and the word "them" to " him.''

1348

JOURNAL OF THE HOUSE.

Mr. Cox, of Troup, moved to strike out all after the word '' and'' in 6th line.
Adopted.
The following message was received from the Senate, through Mr. Harris, Secretary thereof:
Mr. Speaker:
The Senate has adopted the following resolutions, and asks the concurrence of the House of Representatives therein, to wit :
A resolution-
Regarding a barge line from the mouth of St. Mary's River, in Georgia, to the Mississippi River.
Also. a resolution to memorialize Congress to repeal or modify all the laws of the United States imposing taxes on tabacco and distilled spirits, and requiring license for the manufacb,re or sale of the same.
The Senate has passed. the following bills, and asks the concurrence of the House therein, to-wit:
A bill to make it unlawful to kill wild deer under certain circumstances, etc., by a vote of yeas 82, nays 2.
Also, a bill to regulate the publication and sale of the Supreme Court Reports, by a vote of yeas 29 and nays 14.
The Senate has passed the following bills of the House of Representatives, to-wit:
A bill to authorize the Mayor and Council of Athens, Ga., to use the money paid by the Southern Mutual Insurance Company, as tax for 1879, to build cisterns, by a vote of yeas 26, nays none.
Also, a bill to repeal an act to provide for the registration of electors in the counties of Thomas, Lowndes, Decatur, Mitchell and Camden, etc., approved February 23, 1875, so far as the county of Mitchell is concerned, by a vote of yeas 32, nays none.
Also, a bill to authorize the Mayor and Aldermen of

THURSDAY, SE.PrEffiBER 4, 1879.

1349

the city of Savannah, Ga., to build an aqueduct from said city to such point as they may select on the Savannah River, by a vote of yeas 32, nays none.
On motion of Mr. Pope, the 17th section was amended.
On motion of Mr. Rankin, section 17th was stricken out.
On motion of Mr. Pope, the word "Commissioners" was stricken out, and "Commissioner" inserted in lieu thereof.
On motion of Mr. Northern, the 1st blank was filled with the words "twenty-five hundred."
On motion of'Mr. Yancey, the words from " and" to end of sentence stricket out.
On motion of Mr. Harrison, the words ''his actual traveling expenses not to exceed five hundred dollars" inserted.
On motion of Mr. Cook, the remaining blank was filled with "five hundred."
Mr. Daniel moved to strike out the 19th section of the printed bill.
The House then adjourned till 9 A.. l\L to-morrow.

ATLANTA, GEORGIA,
Friday, September 5, 1879.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by :L\fr. Hanks.
'fhe roll was called and the following members answered to their names :

1350

JouRNAL OF THE HousE.

Those present were Messrs.-

Adams, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Awtry, Barksdale, Bell, Bennett, Berry,J Born, Branch, Brintle, Buchan, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon,
Ca1T,
Chambers, Chapman, Colley, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, Dan it!, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, Dozier, DuBose, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray, Greene of Madison, Hall, Hammond,

Hamilton, Hanks, Harrell, Harp, Harris, Harrison,
Hender~on,
Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson,! Hulsey, Humber, Hutchins, Irvine, Ivey, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Livingston, Luffman, Mathews, Maund, McAfee, McConnell, McDonald, McGouirck, McLucas, McRae, McWhorter, Miller of Houston, Miller'of Liberty, Milner, Mitchel;,
Myna!~,
Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull,
Peacock,

Perkins, Phillips of Canoll, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Pol hill, Pope, Poppell, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sheffield of Miller, Sibley, Sikes, Simms, Smith of Butts, Smith of Bryan, Smith of Oglethorpe, Smith of Walton, Strickland, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Turner of Brooks, Turner of Coweta, Walters, walton,
Westbrook, Wheeler, WilcoK, Williams of Columbia, Williams, C. W. Williams. F. J. Willingham, vVilson, Wright, Yancey, Zellner.

FRIDAY, SEPTEMBER 5, 1879.

1351

Those absent were Messrs.-

Barron, Bird, Bleck ley, Brantley, Clegg, Glover,

Greene of Ba,dwin, Jordan of Wilkes, McCurry, Prescott,
Puckett,
T"ole,

Vick, Wall, Weehunt, Welch, Wilmot.

Present, 157. Absent, 17.

Mr. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and confirmed.
Mr. Cox, of Troup, moved to reconsider so much of the ,Journal as relates to the action of the House upon section 11 of the general railroad bill.
Mr. Rankin moved to lay the motion to reconsider on the table.
Mr. Yancey offered the following resolution, which .vas read and agreed to, to-wit:

A resolution-
Reqnesting the Senate to send back House bill No. 565 for correction of errors in copying.
Mr. Mynatt called for the yeas and nays on the motion to table.
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, Bennett, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Carr, Colley, Collins, Cox of Harris,

Garrard, Gray, Harrell, Harris, Harrison, Hill, Hollis, Howell of Lowndes, Hulsey, Humber,
Janes, Johnson of Clay,

Peacock, Pope, Poppell, Rankin, Redwine, Reese, Riden, Roach, Rogers, Roney, Shannon, Sharman,

1352

JouRNAL OF THE HousE.

Crawford, Daniel, Davis of Baker, Davison, DeLoach, Dozier, DuBose, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fort, Fuller, Gammage,

Johnson of Johnson, Kendrick, King, Lamb, Lang, Livingston, Luffman, Maund, McConnell, Milner, Mynatt, Northern, Paine,
Patterson,

Sheffield of Early, Strickland, Strother, Taliaferro, Tatum, Thomas, Walton, 'Wheeler, Wilcox, Williams of Columba, Williams, C. W. Wilson, Wright, Yancey.

Those voting in the negative are Messrs.-

Anderson of Pulaski, Awtry, Bell, Berry, Born, Branch, Chambers, Cook, Cox of Troup, Cunningham, Duggar, Fletcher, Ford, Grant, Greene of Madison, Hall, Hamilton,

Hanks, Harp, Howell of Pickens, Hudson, lvey, Jordan of Crawford, Kimsey, Mathews, McDonald, 1\icGourick, McLucas, Miller of Houston, Miller of Liberty, Mitchell, Oliver, Park,

Paull, Phillips of Carroll, Phillips of Coffee, Phinizy, Roberts, Russell, Sikes, Smith of Butts, Smith of Bryan, Smith of Walton, Tarver, Tate, Turner of Coweta, Walters, Westbrook, Zellner.

Those not voting are Messrs.-

Adams, Anderson of Morgan, Barron, Bird,
Bl~ckley,
Brantley, Brintle, .Buchan, Chapman, Clegg, Davis of Houston, Dickin, Glover, Green of Baldwm, Hammond, Henderson,

Hogan, Hutchins. Irvine, Jordan of Wilkes, Kirby, McAfee, McCurry, McRae, McWhorter, Nisbet, Perkins, Phillips of Cobb, Pike, Polhill, Prescott,

Puckett,
Scruggs,
Sheffield of Miller, Sibley, Simms,
Smith of Oglethorpe, Toole,
Turner of Brooks, Vick, Wall,
"\Veehunt Welch,
Williams, F. J
Willingham Wilmot.

Yeas 79.

Nays 49.

Not voting 46.

FRIDAY, S!!:PTEMBER 5, 1879.

1353

So the motion to table prevailed. Mr. Fort, chairman pro tem. of the Committee on the Judiciary, submitted the following report :
Mr. Speaker: The Committee on the Judiciary have had under con-
sideration the following bill, which they recommend do pass, to-wit :
A bill to be entitled an act to amend section 3540 of the Revised Code of 1873.
The committee havealsohad under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act making it the duty of freeholders or their agents to return the names of all tax payers residing upon their premises on the 1st day of April of each year.
The committee have also had under consideration the following bill, which they recommend do pass, by substitute, to-wit:
A bill to be entitled an act to require County Commissioners of their respective counties of the State to give bond for the faithful performance of their duties.
The committee have also had under consideration the following bill which they report back with the recommendation that the introducers be allowed to withdraw it, to-wit:
A bill to be entitled an act to authorize the foreclosure of mortgages on personal property where the principal amount of the claim does not exceed $100 before Justices of the Peace and Notaries Public.
The committee have also had under consideration the follc:Jwing bills, which they recommend do not pass, to-wit:
A bill to be entitled an act requiring Judges of the Superior Courts to make certain entries upon the bench docket.
86

1R54

JoURNAL OF THE HOUSE.

Also, a bill to be entitled an act to repeal paragraph 5, of section 3854 of the Code of Georgia.
Also, a bill to be entitled an act declaring violations of contracts in certain cases criminal.
Also, a bill to be entitled an act to require all Clerks of the Superior Courts and City Courts to make immediate record of certain original papers filed in said courts, and to prescribe penalties for failure on part of said clerks to comply with the requirements thereof.
Also, a bill to be entitled an act to amend section 4372 of the Code of Georgia.
ALJ,EN FoRT, Chairman, pro teu"t.
On motion of )fr. Northern the rules were suspended for the introduction of two bills.
The following bill was introduced, read the first time and referred to the Committee on Education, to-wit:
By Mr. NorthernA bill to enlarge the facilities for education furnished by the University of Georgia by creating a new school to be a part thflreof, and to be known as the Georgia State Normal School. Also, the following bill, read the first time and referred to the Committee on the Judiciary, to,wit: By Mr. Miller, of Houston-A bill to provide for the sale of property of a per. ishable nature or that is likely to deteriorate in value from keeping or that is attended with expense in keeping etc. The following leaves of absence were granted: To Messrs. Buchan, Redwine, Smith of Butts, Hogan, Tatum, Hill, and Daniel, on account of business, and to Messrs. Collins and Simms, on account of sickness. On motion of Mr. Hulsey, the rules were suspended and the following bill introduced, read the first time and referred to the Committee on Finance, to-wit:

FRIDAY, SEPTEMBER 5, 1879.

1355

A bill to appropriate money to pay the salary of the physician appointed by the Governor under section 3d of act approved February 26, 1876.
By a vote of two-thirds, yeas 96, nays none, the rules were suspended and the following bill introduced, read the first time, and referred to the Committee on Corporations, to-wit:
By Mr. ShannonA bill to incorporate the Carnesville Railroad Company, and for other purposes, said railroad t'o run from Carnesville to 'Vest Bowersville, in Franklin county.
On motion of Mr. Barks<l.ale, the rules were suspended and the following bill taken up, and on motion laid on the table, to-wit:
A bill to prohibit the sale of liquor in certain localities therein named.
On motion of Mr. Bell, the rules were suspended and and the following bill taken up ; the evidence of the publication of the notice required by law was exhibited; the report of the committee was agreed to, and the bill passed, as amended, by the .requisite constitutional majority; yeas 101, nays none, to-wit:
A bill to provide for the creation of Boards of Commissioners of Roads and Revenue in the counties of Emanuel, Marion and Johnson; to prescribe their powers and duties, and to limit the compensation of the officers employed by them.
On motion of Mr. Paine, the following bill was taken from the table and placed in its order on the calendar, to-wit:
A bill to incorporate the Skidaway Narrows Canal.
The consideration of the General Railroad bill was resumed.
The amendment of Mr. Fort, striking out the 19th section of the printed, bill was adopted.

1356

JOURNAL OF THE HOUSE.

Mr. Fort then called for the previous question on the passage of the bill.
The call was sustained, and the main question or dend.
Mr. Cox, of Troup, moved to reconsider the action of the House ordE>ring the previous question.
Mr. Fort moved to lay the motion to reconsider on the table.
The motion to table prevailed. Mr. Strother demanded a call of the House. On calling the roll a quorum was found present. Mr. Smith, of Oglethorpe, moved to lay the bill on the table. Mr. Fort made the point of order that the motion to lay on the table was not in order. Mr. Rankin made the further point of order that he having the floor had yielded it only for those who favored the passage of the bill, and desired to speak to it. The Speaker (:Mr. Northern in the chair) ruled that under the circumstances the motion to lay on the table was out of order. Mr. Smith, of Oglethorpe, appealed from the decision of the Chair. Mr. Mynatt raised the point of order that an appeal was not debatable under the previous question. The l:;peaker ruled the point well taken. Mr. Garrard moved to extend the time of the House. Ruled out of order. The hour of 1 o'clock having arrived, the Speaker declared the House adjourned till 3:30 P.M. to-day.

3:30 0' CLOCK P. M.
,The Rouse reassembled, and was called to order by the Speaker.

FRIDAY, SEPTEMBER 5, 1879.

1357

Mr. Russell, chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. Speaker:
The Committee on Privileges and Elections have had under consideration the following bill, which they recommend do not pass, to-wit:
A bill to bfl entitled an act to amend an act entitled an act to authorize and require the registration of voters in Camden county, in L1is State, and for other purposes, approved February 26, 1877
Respectfully submitted. PHILIP M. RussELL, Chairman.
Mr. Russell, chairman of the Committee on Privi leges and Elections, submitted the following report :
Mr. Speaker:
The majority of the Committee on Privileges and Elections, respectfully report that in accordance to a resolution passed by this House on the 3d instant, instructing the Committee on Privileges and Elections to proceed to investigate all matters touching the election of a Representative of the county of Bryan, wbich took plaee on the 27th of August last; that said committee have bad under consideration all the papers in relation to the contested election case from said county of Bryan, and it does appear from the lists of the names of vokrs of three precints, namely: Bryan Court-House, 19th District, and the 20th District, four hundred and eleven votes were oast at said election; that the tally-sheets shows that four hundred and eleven ballots were counted by
the Superintendents of said election. vV. H. Shick-
land received at Bryan Court-House precinct, ninetysix (H6) votes, 19th District precinct 48 votes, and the 20th District precinct 65 votes, making a total of 209 votes; that R. F. C. Smith received at the Bryan

1358

JOURNAL OF THE ROUSE.

Court-House precinct, 131 votes; 19th District precinct, 52 votes, and in the 20th District precinct, 19 votes, making a total of 202 votes- -majority for W. If. Strickland, contestant, seven (7) votes. It does appear that the tally-sheets have been duly certified to as being correctly kept by the managers of said election; and the original consolidated returns having been signed by the superintendents. It appears opposite
the name of vV>. H. Strickland 209, and opposite the
name of R. F. C. Smith 202 have been stricken out, and 144 appears opposite the name of vV. H_ Strickland, and 183 opposite the name of R. F. C. Smith; showing the original consolidatPd election returns had been altered; and it further appears that a second election return have been made and signed by the managers, throwing out the 20th District precinct, which act of the managers of said election, in the opinion of a majority of this committee, was in violation 0f the law, W. H_ Strickland having received the highest number of votes for Representative of Bryan county, is entititled to the seat now held by R. F. C. Smith.
Your committee, therefore, submit the following resolution for the consideration of the House.
Resolved, That at an election held in the county of Bryan on the 27th day of August last, for a member of the General Assembly of this State; that R. F. C. Smith did not receive the highest number of legal votes polled for Representative of said county of Bryan in the present General Assembly, and is not entitled to retain his seat; that W. H. Strickland having received the highest number of legal votes for Representative of said county of Bryan, is entitled to his seat as a member of this body.
Respectfully submitted. PHILIP M. RussELr~,
Chairman Committee on Privileges and Elections.

FRIDAY, 8EPTEMBER 5, 1879.

1359

The following bills were read a second time, to-wit:

A bill making it the duty of freeholders or their agents to return the names of all tax-payers residing upon their premiser on the first of April of each year.

Also, a bill to declare the indorsement of the State's

guaranty on the bonds of the Northeastern Railroad

Company null, void and unconstitutional.

Also, a bill to declare certain violations of contracts criminal, and prescribe a punishment.
Also, a bill to carry into effect so much of the Con-

stitution as provides for supplying maimed soldiers, who lost a limb in the late war, with artificial limbs.

Also, a bill to provide compensation for the Commissioners of Roads and Revenues of the county of

Mitchell. Also, a bill to repeal an act creating a Board of

Commissioners of Roads and Revenues for the county of Paulding.
Also, a bill to entirely prohibit the sale of intoxicating liquors within the boundary lines of the county

of Irwin.

,

Also, a bill to repeal the several' acts establishing

Boards of Commissioners in the counties of Jones, Chattahoochee, Douglas, Floyd, Bulloch and Heard,

respectively. Also, a bill to repeal an act to rednee the commis-
sions of the Tax-Collector and Tax-Receiver of the

county of Clay, and to repeal an act to reduce the commissions of the Treasurer of said county.
Also, a bill to repeal section 1 of an act to amend the charter of the city of l\Iilledgeville, and to confer

additional powers on the Mayor and Council of said

city, and to change the tim2 of holding elections tor Mayor and Aldermen and Clerk of, the same.

Also, a bill to empower the authorities of the city of Darien to compel wharf owners to keep their wharves

\

1B60

JOURNAL 0.1!' THE HOUSE.

in order, and owners of improved lots to construct and keep in repair pavements, and to adopt and enforce certain sanitary measures.
Also, a bill to inc0rporate the town of Social Circle in 'Valton county, and amend previous acts incorporating said town.
Also, a bill to prohibit hunting and fishing on the lands or waters of another in the counties of Jones, Montgomery and Tatnall, without the consent of the owner.
Also, a bill to prescribe the manner of selling liquors in Eastman, in Dodge county, in the county of Dodge, and of Tatnall and Taliaferro.
Also, a bill to amend section 1416 of the Code of 1873, with reference to the practice of dentistry.
Also, a bill to extend to the county of Burke a law relative to the payment of insolvent criminal costs in the Augusta J udieial Circuit.
On motion the House then adjourned till 9 A. l\L tomorrow.

SATURDAY, SEPTE:I!BER 6, 1879.

1361

ATLANTA, GEORGIA,
Saturday, September 6, 1879.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Mr. Hanks.
The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams, Anderson of Newton, Anderson of Pulaski,
Awtry, Barksdale,
Bell, Bennett,
Berry. Born, Branch,
Brintle, Buchan, Burch of Laurens, Burch of Towns,
Butler,
Butt,
Cannon, Carr, Chambers,
Chapman,
Clegg, Colley,
Cook, Cox of Harris,
Cox of TroQp,
Crawford, Cunningham, Daniel,
Davis of Baker, Davis of Houston, Davison,
DeLoach, Dickin, Dozier,
DuBose, Duggar, Dupree,
Duvall,

Hammond, Hamilton,
Hanke, Harrell, Harp,
Harris, Harrison,
Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens,
Hudson, Hulsey,
Humber,
Hutchins, Irvine,
Ivey, Janes,
Johnson of Clay, Johnson of Johnson,
Jordan of Crawford,
Kendrick,
Kimsey,
King, Lamb,
Lang, Livingston,
Luffman, :Mathews, Maund,
McAfee. :McConnell, McDonald, :i\IcGouirck,
McLucas, 1\IcRae, l\IcWhorter

Perkins, Phillips of Carroll, Phillips of Cobb,
Phillips of Coffee, Phinizy,
Pike, Pol hill,
Pope, Poppell, Rankin,
Reese, Riden,
Roach, Roberts,
Rogers,
Roney, Russell,
Scrugg~,
Shannon, Sharman, Sheffield of Early,
Sheffield of Miller,
Sibley,
Sikes,
Simms, Smith of Butts, Smith, of Bryan,
Smith of Oglethorpe, Smith of Walton,
Strickland, Strother,
Taliaferro, Tarver, Tate,
Thomas, Turner of Brook,,
Turner of Coweta
Walters,

1362

JouRNAL o.F THE HousE.

Elder, Farnell, Fitzgerald, Fletcher, Ford,
Fort,
Fuller,~
Gammage, Garrard,
Grant,: Gray, Greene of Madison,
Hall,

M11ler of Houston, Miller of Liberty, Milner, Mitchell, Mynatt,
Nisbet, Northern, Oliver. Paine,
Park, Patterson, Paull,
Peacock,

walton,
'Velch, 'Vestbrook, '\'heeler, "Wilcox, Williams of Columbia, Williams, <.... W. Willingham, '\Vii son, Wright, Yancey, Zellner.

Those absent were Messrs.-

Anderson of Morgan, Barron, Bird, Bleckley, Brantley, Collins, Glover, Greene of Baldwin,
Present 152.
.Absent22.

Henderson, Jordan of Wilkes, Kirby, McCurry, Prescott,
Puckett, Redwine,

Tatum, Toole, Vick, Wall,
'Veehunt, Williams, F. J. Wilmot.

Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and confirmed.

The following message was received from the Senate through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has consented to the return of the following bill of the House of Representatives, asked for by the resolution of the House, to-wit:
.A bill to incorporate the .Athens Transfer Railroad Company.
The Senate has passed the following bill of the House of Representatives, to-wit:
.A bill to withdraw all rights, etc., heretofore granted to the .Arn~tt Bridge Company at Bainbridge, Ga., by a vote of yeas 32, nays 6.

SATURDAY, SEP r.E~fBER 6, 1879.

1363

The Senate has refused to pass the following bills of the Honse of Representatives, to-wit:
A bill to reduce eertain larcenies after trust to a misdemeanor where the conversion is less than fifty dollars.
Also, a bill to amend paragraph 4569 of the Code of 1873 in reference to buying or selling otes, and chang ing the penalty for the same.
Also, a bill to prescribe penalties against defaulting jurors.
Also, a bill to amend paragraph 4568 of the Code of 1873 in regard to illegal voting.
Also. a bill to amend an act to provide a penalty for escapes from the chain-gang, and for other purposes, approved February 13, 1876.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker :
The Senate has passed the following House bills, and I am instructed to transmit them to the House forthwith:
A bill to establish a City Court for the city of Athens, and to provide for the appointment of a Judge and Solicitor thereof.
Also, a bill to establish a Board of County Commissioners for the county of Putnam.
The consideration of the general railroad bill was resumed, under the operation of the previous question.
Mr. Smith, of Oglethorpe, withdrew his appeal from the decision of the Chair, and also his motion to lay on the table made on yestPrday.
Mr. Smith, of Oglethorpe, moved to lay the bill on the table.
Lost. Mr. Cox, of Troup, asked unanimous consent for the introduction of the following amendment, as a proviso

1364

JouRNAL OF THE HousE.

to immediately precede the proviso of Mr. Hanks to the third section, to-wit:
Provided further, That nothing therein contained shall be construed to compel the railroad companies of said State to charge or collect local rates on freight from one terminal point to another terminal point within the limits of said State, but such freights shall be considered through freights.
Objection being made, the proviso could not be considered.
Mr. Hall asked unanimous consent to correct the grammatical errors in the bill caused by amendments.
Objected to. Mr. Harrison asked unanimous consent to commit the bill to a committee ot three to correct the verbiage. Objected to. The report of the committee, as amended, was agreed to. On the passage of the bill the yeas and nays were required, and on calling the roll the vote was as follows: Mr. Roney stated that he would vote yea, but was paired with Mr. Sibley who, if present, would vote nay. Mr. Wright stated that" he would vote nay, but was paired with Mr. Tatum who, if present, wonld vote yea.

Those voting in the affirmative are Messrs.-

Anderson of Newton, Anderson of Pulaski, Barksdale, Bell, Bennett, Branch, Brintle,
Butler, Butt, Cannon,
Carr, Chambers,

Hamilton, Hanks, Harrell, Harris, Harrison, Hollis, Howell of Lowndes, Hulsey, Humber, lvey,
Janes, Johnson of Clay,

Patterson,
Peacock, Perkins, Phillips of Carroll,
Pope, Poppell, Rankin,
Reese, Riden,
Roach, Rogers, Scruggs,

SATURDAY, SEPTEMBER 6, 1879.

1365

Cook, Crawford, Cunningham, D.lVison, DeLoach, Dickin, Dozier, DuBose, Dupree, Elder, Farnell, Fitzgerald, Ford, Fort, Fuller, Gammage, Garrard, Gray,

Johnson of Johnson, Kendrick, Kimsey, King, Lamb, Lang, Livingston, Luffman, McAfee, McConnell, McLucas, McRae, Miller of Liberty, Milner, Mitchell, Mynatt,
Nor~hem,

Shannon, Sharman, Sheffield of Early, Strickland, Strother, Taliaferro, Walters, Walton, welch,
Westbrook, Wheeler, Wilcox, Williams of Columb.a, Williams, C. W. Wilson, Yancey, Zellner.

'!'hose voting in the negative are Messrs.-

Awtry, Berry, Born, Burch of Laurens, Burch of Towns, Cox of Troup, Duggar, Duvall, Fletcher, Grant, Greene of Madison,
Hall,

Harp, Howell of Pickens, Hudson, Irvine, Mathews, :Maund, McDonald, 1\1cGourick, McWhorter, Miller of Houston, Oliver,
Park,

Paull, Phillips of Coffee, Phinizy, Roberts, Russell, Sikes, Smith of Bryan, Smith of Walton, Tarver, Tate, Thomas,
Turner of Coweta.

Those not voting are Messrs.-

Adams, Anderson of Morgan, Barron, Bird, Blcckley, Brantley, Buchan, Chapman, Clegg, (Jolley, Collins, Cox of Harris, Daniel, Davis of Baker, Davis of Houston, Glover, Green of Baldwm,
Yeas 88.
Nays 36.
Not voting 50.

Hammond, Henderson, Hill, Hogan, Hutchins,
Jordan of Crawford, Jordan of Wilkes, Kirby, McCurry, Nisbet, Paine,
Phillips of Cobb, Pike, Polhill, Prescott, Puckett, Redwine,

Roney, Sheffield of Mi!Ier, Sibley, Simms,
Smith of Butts, l:lmith of Oglethorpe, Tatum, Toole, Turner of Brooks, Vick, Wall, weehunt
Williams, F. J
Willingham Wilmot, Wright.

1366

JouRNAL oF THE HousE.

So the bill, the title of which is as follows, was passed by the-requisite constitutional majority, to-wit:
A bill to provide for the regulation of railroad freight and passenger tariffs in this State, etc.
On motion of Mr. Livingston House bill No. 330 was taken from the table and placed on the calendar in its order.
On motion of Mr. Janes, the report of the committt:>e on Privileges and Elections was taken up and read.
Mr. Russell moved to adopt the resolution reported by the committee on Privileges and Elections.
Mr. DuBose offered as a substitute the following resolution, to-wit:
A resolution-
Recommitting the question to the committee on Privileges and Elections, with instructions to send a committee to Bryan county to take additional testimony.
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 acts, to-wit:
An act to incorporate the Brunswick and St. Simons Telegraph Company, and for other purposes.
Also, an act to amend an act to incorporate the town of Thomson, in the county of Columbia, now McDuffie, approved December 16, 1859, so far as relates to in crease the tax on sale of spirituous liquors, and for other purposes.
Also, an act to incorporate the Georgia Branch of the National Bell Telephone Company, and for other purposes.
Mr. Davis, of Houston, asked a suspension of the rules for the purpose of presenting a replication by the

SATURDAY, SEPTElllBER 6, 1879.

1367

managers to the answer of 'Vashington L. Goldsmith, Comptroller-General, to the articles of impeachment preferred by the House of Representatives against said Compboller-General.
The rules were suspended and the replication adopted, and it is as follows:

In the House of Representatives, State of Georgia:

Replication of the House of Representatives of the State of Georgia to the answer of 'Yashington L. Goldsmith, Comptroller-General of the State of Georgia, to the articles of impeachment, exhibit~d against him by the House of Representatives.
The House of Representatives of the State of Georgia have considered the several answers of \Vashington L. Goldsmith, Comptroller-General of the State of Georgia, to the several articles of impeachment against him by him exhibited in the name of themselves and of all the people of the State of Georgia, reserving to themselves all advantage of exception to the insufficiency of his answer to each and all of the several articles of impeachment exhibited against said 'Vashington L. Goldsmith, Comptroller-General of the State of Georgia, do deny each and every avE>rment in said severalanswt::rs, or either of them, which denies or traverses the acts, intents, crimes or misdemeanors charged against said vVashington L. Goldsmith in the said articles of impeachmmt, or either of them; and for replication to said answer do say that said Washington L. Goldsmith, Comptroller- General of the State of Georgia, is guilty of the high crimes and misdemeanors mentioned in said articles, and that the House of Representatives are ready to prove the same.

Mr. Paine, chairman of the Committee on Enrollment, submitted the following report :

1368

JOURNAL OF THE HOUSE.

Mr. Speaker:
The Committee on Enrollment report as duly enrolled, and r~ady for the signature of the Speaker of the House sf Representatives the following acts, to-wit :
.An act to authorize the Mayor and Council of the city of .Athens to use the money paid by the Southern Mu tual Insurance Company of .Athens, Georgia, as taxes on gross premiums for the year 1879, for the purpose of building cisterns in the city of Athens.
Also, an act to repeal an act entitled an act to provide for the registration of electors in the counties of Thomas! Lowndes, Decatur, Mitchell and Camden, and to prevent illegal voting in the same, approved February 23, 1'5715, so far as the county of Mitchell is concerned.
Also, an act to authorize the Mayor and Aldermen of the city of Savannah to build an aqueduct from said city to such point as they may select on the Savannah River, and for other purposes.
They also report as duly enrolled, signed by the President of the Senate, and ready for the signature of the Speaker o:t the House of Representatives the following resolution:
A resolution-
For removal of books of the State Library.
W. Vv. PAINE, Chairman.
Mr. Wright, chairman of the Committee on Railroads, submitted the following report:
Mr. Speaker: The Committee on Railroads have had under consid-
eration the following bill, which they have instructed me to report to the House with the recommendation that the same do pass, to wit :
.A bill to be entitled an act granting to the Great Southern Railway Company an extei?.sion of ten years

SATURDAY, SEPTEJ\IBER 6, 1879.

1369

for the completion of its road from the time allowed by the act incorporating said company.
Respectfully submitted. H. G. WRIGHT, Chairman.
Mr. Janes offered a resolution as a substitute for the resolution reported by the committee, and also for the resolution offered by :Mr. DuBose, to wit:
A resolution-
To recommit the q11estion to the committee on Privileges and Elections, with instructions to hear evidence taken in accordance with sections 1329 and 1330 of the Code, and to allow time to take testimony.
Mr. Harp called for the previous question. The call was sustained, and the main question ordered. Mr. Janes' substitute was lost.. Mr.DuBose's substitute was lost.
The original resolution was adopted, seating ,V. H.
Strickland. Mr. W. H- Strickland was then sworn in and took
his seat.. On motion of Mr Phillips, of Cobb, the rules were
suspendel and the following bill introduced, read the first time, and referred to the Committee on Finance, to-wit:
By Mr. Phillips, of CobbA bill to appropriate a sufficient sum of money to pay the expenses incurred by the special committee of the House to investigate the eonduct of the office of Comptroller- General. Mr. Phillips also introdueed the following resolution, which was rend the first time and referred to the Committee on Finance, to wit:
A resolution-
E"With reference to the report of the Commissioner of 87

1370

JoURNAL OF THE HoUSE.

Agriculture in regard to the expenditures in his department previously submitted.
On motion the rules w~re suspended and the follow. ing bill introduced, read the first time, and referred to the Committee on R~ilroads :
By Mr. WrightA bill granting the right of way to the Cincinnati Southern Railway where its route adjoins that of the
western and Atlantic Railroad.
On motion of Mr. Pike the rules were suspended and the following bill read the third time ; the report of the committee was agreed to; the evidence of the publication of the notice required by law was exhibited, and the bill passed by the requisite constitutional majority; yeas 96, nays none, to-wit:
A bill to repeal an act to prohibit the imposition of more than fifty per cent. upon the State tax for county purposes on any account whatever in the county of Jackson, and for other purposes.
1\Ir. King offered a regolution to pay R. F. C. Smith his per diem from the day on which he was sworn in until and including to-day.
Mr. DuBose offered as a substitute the following towit:
A resolution-
ro pay Mr. R. F. C. Smith per diem for the number of days he had served and mileage.
The substitute was adopted, and the original resolution, as amended, was agreed to.
Leaves of absence were granted as follows: Messrs. "\Villingllam, McCurry, Fort, Henderson, Brant.ley, Toole, and Butler, on account of sickness, and Messrs. Dicken, Thomas, Cox of Troup, Sharman and Colley, on business. On motion of Mr. Humber the conected engrossed

MoNDAY, 8EPTEl\1BER 8, 1879.

1~71

copy of House bill No. 565 was ordered at once trans-

mitted to the Senate.

The following protest was submitted:

The House of Representatives having this day, by

resolution, voted to pay the Ron. R. F. C. Smith; of

the county of Bryan, who has just been unseated by

the House his per diem and mileage, this is to testify

our disapprobation of the action of the House in the

premises, and we ask that this be spread on the Jour-

nals of this House :

[Signed]

D. CRAX 0LIYER,

J. H. SHARMAN'

E. J. RoAcH,

JAMEs MeA I<E~<.:,

L. HARP,

GEORGE RoBERTS.

On motion of Mr. Humber, the House adjourned till

9 A. M. Monday next.

ATLANTA, GEORGIA,

Monday, September 8, 1879 _

The House met pursuant to adjournment, wa::s called to order by the Speaker, and opened with prayer by Mr. 'faliaferro.
'fhe roll was called and the following members answered to their names :

'fhose present were Messrs.-

Adams, Anderson of Newton, Anderson of Pulaski, Awtry, Barksdale, Bell, Bennett, Berry, Bird,

Hammond, Hamilton, Hanks, Harrell, Harp, Harrison, Hollis, Howell of Lowndes, Howell of Pickens,

Peacock,
Phillips of Car101J, Philips of Coffee, Phinizy, Pike, Polhill, Poppell, Rankin, Redwine,

1372

JoliRNAL OF THE Hom;l!;.

Bleckley, Born, Branch. Burch of Laurens, Burch of Towns, Butt, Cannon, Chambers, Chapman, Cook, Cox of Troup, Crawford, Danitl, Davis of Baker, Davis of Houston, Davison, DeLoach, Dozier, DuBose, Dupree, Duvall, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray, Glover, Greene of Ba.lwin, Greene of Madison,

Hudson, Hulsey, Humber, Hutchins, Irvine, lvey,
Janes, johnson of Clay, Johnson of Johnson, Kendrick, Kimsey, King, Lamb, Lang, Livingston, Luffman, Maund, McAfee, McDonald, McGouirck, McLucas, McRae, McWhorter, Miller of Houston, Miller of Liberty, Milner,
Mitchel~.
Mynat:,
Northern, Oliver, Paine, Park, Patterson, Paull,

Those absent were Messrs.-

Anderson of Morgan, Barron, Brantley, Brintle, Buchan, Butler, Carr, Clegg, Colley, Collins, Cox of Harris, Cunningham, Dickin, Duggar, Elder,
Present, 128.
Absent, 45.

Hall, Harris, Henderson, Hill, Hogan, Jordan of Crawford, Jordan of Wilkes, Kirby, Mathews. McConnell, McCurry, Nisbet, Perkins, Phillips of Cobb, Pope,

Reese, Roach, Roberts, Rogers, Roney, Russell,
Scrugg~,
Shannon, Sharman, Sheffield of Early, Sikes, Simms, Smith of Walton, Strickland, Strother, Taliaferro, Tarver, Tate, Tatuin, Turner of Brooks, Turner of Coweta, Vick, Walton, Welch, \-Vest brook, Wheeler, WiiCO'!:. Williams of Columbia, Williams, C. W Wilson, Wright, Yancey, Zellner.
Prescott, Puckett, Riden, Sheffield of Miller, Sibley, Smith of Butts. Smith of Oglethorpe, Thomas, Tno)e, Wall, Walters, Weehunt
Williams F. J.
Willingham, Wilmot

MoNDAY, SEPTEMBER 8, 1879.

1373

Mr. Bar1tsdale, chairman of the Committee on Journals, reported the Journal of Saturday last examined and approved.
The Journal was then read and confirmed.
Mr. Cox, of Troup, moved to reconsider so much of the Journal of Saturday as relates to the action of the Rouse on a bill to provide for the regulation of railroad freight and passenger tariffs in this State, and for other purposes.
On motion of Mr. Tatum, the motion to reconsider was laid on the table.
Mr. Paine, chairman of the Committee on EnroLment, submitted the following report :
.Mr. Speaker :
The Committee on Enrollment report as dnly enrolled, ready for the signature of the Speaker of the House of Representatives the following acts, to-wit:
An act to establish a City Court in the county of Clarke, and to provide for the appointment of a Judge and Solicitor thereof.
Also, an act to withdraw all rights, privileges and franchises heretofore granted to the Arnett Bridge Company, located at Bainbridge, Ga.
Also, an act to create a Board of Commissioners of Roads and Revenue for the county of Putnam, and to define its powers and dl1ties.
W. "\V. PAINE, Chairman.
The following message was received from the Senate, through Mr. Harris, Secretary thereof:
Mr. Speaker:
The Senate has passed the following House bills, towit:
A bill to prevent the destruction of game in Jones county.

1374

JOURNAL OF THE HOUSE.

Also, a bill to amend section 4373 of the Code of 1873.
Also, a bill to authorize the Ordinary of Fulton county to enter into a contract with the owner of the abstract of title to furnish said abstract.
Also a bill to allow persons at interest to be made parties plaintiff in cases when a chose in action in suit is assigned, as any part of a twelve months support in the manner that representatives of estates are made.
Also, a bill to authorize the county of Doup;herty to issue bonds for the thirty thousand dollars for the purchasing of the bridge across Flint River, at Albany.
Also, a bill to appropriate money to pay the claim of Owen Smith against the State.
Also, a bill to amend the law relative to court contracts as contained in sections 2758 to 2772.
Also, a bill to provide one Commissioner of Roads and Revenue in the county of Forsyth.
Also, a bill to change the time of holding the Superior Courts of Houston county.
Also, a bill to repeal an act constituting the Sheriff of Cobb county ex-officio Tax-Collector of said county.
The Senate has also passed the following House bills with amendments, in which they ask the concurrence. of the House, to-wit:
A bill to make it a high misdemeanor, and punishable as prescribed therein, for any official, or clerk, or employee of an official to influence the Governor or the head of any of thE> departments of this State.
Also, a bill to authorize the Board of Commissioners of Decatur county to issue bonds.
Also, a bill appropriating money to pay the expenses of the Special Joint \Vild Land Committee.
Also. a bill to authorize the Ordinary of Milton county to borrow money, and to provide for the payment of the same.

. MoNDAY, SEPTEMBER 8, 1879.

1375

Also, a bill to prohibit Ordinariefil, and other officers, frem speculating in county orders or jury scrip.
Also, a bill to authorize the Ordinary of Clarke county to issue four per cent. bonds.
Also, a bill to authorizize the Treasurer to pay interest due on certain bonds.
Mr. Irwin, chairman of the special Committee to investigate the expenses of the Geological Department, submitted the following report:
Mr. Speaker :
The committee appointed to investigate the expenditures of the Geological Department of this State for the last five years, or since its establishment, and report to this House at an early day, have discharged the duty assigned them, and beg leave to submit the following report:
The Geological Department, established under an act of February, 1874, was organized in September of that year, by the appointment of Dr. George Little, State Geologist, with two Assistant Geologist, one Chemist and one Engineer.
The expenses commenced with September 1, 1874, and for the year ending August 31, 1875, were as follows:
For salaries of Geologist and two Assistants.$ u, 013 18
For expense of Geologist and two Assistants 1,021 92 For salary and expense of F. H. Bradley,
special Assistant, three months ....... . 680 05 For salary of two Engineers, one ten months
and one five months ................. . 1,600 00 For expense of one Engineer, ten months.. . 228 00 For salary of one Chemist, seven months .. . 350 00 For expense of Chemist . . . . . . . . . . . . . . . . . . . 121 05 For salary of office Assistant, five months .. 350 00 l!.,or expense of office Assistant. ........... . 643 42

1H76

JouRNAL Ol'' THE HousE.

For analyses, not included in Chemist expense ............................... .
For field expense, not included in Geologist an..i Engineers ....................... .
Por wagons and harness, notincluded above For horses and mules, not above included .. For provisions, not incluaed in field ex-
pense ............................... .

$185 25
812 40 915 12 737 45
280 44

Total .............................. $12,938 38

Expenses for the year ending .August 31, 1876 :

For salary of Geologist and two .Assistants.
For expense of Geologist and two .Assistants.................................
For salary and ~xpense of F. H. Bradley, five months . . . . . . . . . . . . . . . . . . . . . . . . .
For salary of two Engineers, one twelve months, one nine months ............ .
For expenses of Engineers ............... . l<~or field expenses ....................... . For provisions not included in field expense For salary of chief office Assistant ........ . For expense of chief office .Assistant, includ-
ing two additional .Assistants ......... . For analyses, not included in above ....... .

5, 750 GO
1,130 28
983 50
2,550 00 418 03 344 25 52 65
1,035 00
1,060 75 327 65

Total .............................. $13,652 11

Expenses for the year ending .August 31, 1877:
For salary of Geologist and two Assistants, one twelve months, and one six months.$ 4,925 00
For expenses of Geologist and .Assistants .. 7:36 65 For salary of Eng-ineer .................. . 1,325 00 For expense of Engineer ................. . 297 15 For salary and expense of F. H. Bradley,
one month .......................... . 125 00

MoNDAY, SEPTEliiBER 8, 1879.

1377

For salary of chief office Assistant. ....... . For office expense, including salary of addi-
tional Assistant ....................... For salary of Chemist, six months ........ . For expense of Chemist .................. . For analyses not included in above, ...... . For ambulance, harness and extra equip-
ments .............................. . For expense ofT. L. Raines (chemical) ... .

$750 00
1,281 18 750 00 257 70 203 75
515 00 62 00

Total .............................. $11,228 00

Expen::;es for year ending August 31, 1878 :

For salary of Geologist and two Assistants .. $ 4,125 00

For expense of Geologi::;t and Assistants. . . 495 55

For salary of Engineer........ . . . . . . . . . . . . 1,410 00

For expenses of Engineer. . . . . . . . . . . . . . . . . 483 85

For salary of chief office Assistant. . . . . . . . . 900 00

For office expense including additional sala-

ry of Assistants ..................... . 1,305 97

For salary of Chemist .................... . 1,700 00

For expense of Chemist ................. . 51 85

For Analyses not included in above ...... . 625 00

For salary and expense of F. H. Bradley ..

55 00

For field expense not included in above ....

28 50

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11, ISO 72
Grand aggregate. . . . . . . . . . . . . . . . . . . . . . 48,999 54
Due, not drawn................. 1,000 46 Total expense for four years ....... 50,000 00 Amount appropriated for 5 years 50,000 00 There was paid for salary ofGeologists aud
Assistants ............................. . 19,813 18 For expenses of Geologists and Assistants .. 5,277 95 For expenses iu the field. . . . . . . . . . . . . . .. . 1,480 74 For outfit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,196 17

Total ................................ $28,727 04

1378

JOURNAL OF THE HoUSE.

There was paid for salaries of Engineers .... $6,885 00 For expenses of Engineers................ 1,427 03

Total .............................. $8,312 03

There was paid for salary of Chemist ..... . 2,800 00 For expenses and .Analyses .............. . 1,834 25

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,634 25

There was paid for salaries of office Assistant 3,035 00 For Expenses of office .Assistant........... 4,291 22

Total. ............................. $7,326 22

The total amount paid for salaries was. . . . 32,533 18 For general office expense................ . 4,291 22 For Chemical expenses . . . . . . . . . . . . . . . . . . . 1,834 25 For expenses in field ..................... . 10,340,79

The Physical Survey proper has cost ..... . 34,842 90 Outfit, comprising teams and repairs ...... . 2,196 07 General office ............................ . 7,826 22 The Chemical Department ................ . 4,634 25

Entire expense ............................ $48,999 54

The survey proper includes salaries of Geologist, .Assistant Geologist and Engineers, together with exp'<'nse for cooking utensils, tents and furniture, provi sions, forage, traveling and freight on specimens forwarded to the general office.
The expense of the general office inclndes salnries of assistants, performing clerical duties, draughting and drawing maps, arranging and labeling specimens, cases for specimens, postage and other incidental expenses.
'fhe expense of the Chemical Department includes salaries of Chemist, making analysis of minerals, ex-

MoNDAY, SE.Pl'.J.Df.BER 8, 1379.

1379

ammmg specimens together with analyses made by persons not employed in the Department.

The outfit includes one wagon ................ $200 00 Two ambulances each $4150 . . . . . . . . . . . . . . . . . . . 900 00 Three sets harness and extra straps, per set, $615 1915 00 For two horses and saddles. . . . . . . . . . . . . . . . . . 338 00 ]1,or two mulP.s. . . . . . . . . . . . ................. 328 00
We regard the following items of expense as un necessary, to-wit: Traveling expense to Duck Town l\fined ....... $107 00 Directory, journal and room rent. . . . . . . . . . . . . 315 85 Building stable . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71. 45

Total. ................................ 8214 30

In addition to these items, we consider the amount $1,403.65 paid for analyses by this Department to persons not employed in the Department as irregular, as there was a Chemist. who was paid for salary and expense-83,230.60, and he should have made all analyses for the Department.
There were employed in this Department one Geologist, two Assistant Geolcgists, two Engineers, one Chemist, four office assistants, one special assistant in Survey, one special assistant to EngineE-r, one special assistant to Chemist, and two teamsters, making fifteen persons engaged in the duties of the survey.
\Ve find that the State Geologist, Dr. Little, kept an itemized account of all the expenses incurred, and pre sented it monthly, according to law, to the Board of Advisement, who examined and approved the same, and that Dr. Little has proper vouchers for all these expenditures.
'rhe State Geologist was employed first at a salary of $2,000 per annum, the amount fixed by law, and he served for near seven months under this act. The act

1380

JOURNATJ OF THE HousE.

fixing the salary having been repealert, as to that par-
ticular section, the Board of Advisement, consisting of the Governor, Secretary of State, Comptroller-General, Treasurer and State School Commissioner, fixed the salary of the Geologist at $3,000 per annum.
The Assistant Geologists were employed first. at salaries of $100 per month, each, while the Chemist and
Engineer received each $50 per month. The Board of Advisement, in March, 1875, raised the
salary of Assfstant Geologist to $125 per month, and Engineer to $100 per month. Again, in July, 1875, the
salaries of Engineers and Chemist were advanced to $125 per month, and Office Assistant to $100 per month.
In May, 1876, the Board of Advisement, in order tore-
duce the expenses within the appropriation, reduced the salaries of an the officers, except Geologist and
Chemist, to the original amount; but, in April, 1!:!77, raised the salaries again to the maximum amonnt mentioned above! providing such increase should not exceed the appropriation, yet this last increase of salaries became operative then, and continued so until the sur-
vey was discontinued. in October, 1878.
This advance in salaries, made from time to time by
the Board of Advisement, amounting to over $0,000, was, to that extent, an excess over what was absolutely necessary for conducting the survey, and with this amount there might have been published a full report of what has been accomplished in the geological survey to this date, as will be seen from the following estimate of expense for preparing and publishing such a report:
For report containing 500 pages-for first edition of 1,000 copies : Type setting and Electrotype plates......... 81,000 00 Printing 1,000 copies. . . . . . . . . . . . . . . . . . . . . .. 335 00 Binding 1, 000 copies. . . . . . . . . . . . . . . . . . . . . . . 320 00 Geological map for 1, 000 copies . . . . . . . . . . . . . :iOO 00

Cost of first edition . . . . . . . . . . . . . . . . . . $1,955 00

:MuNDAY, SEPTE:;."~IBER 8, 1879.

1381

For sec,md edition of 2,000 copies:
Printing and binding . . . . . . . . . . . . . . . . . . . . . . $1,050 00 Geological maps. . . . . . . . . . . . . . . . . . . . . . . . . . . 150 00

Cost of SPcond edition 2,000 copies......... $$1,200 00 Add co3t of third edition of 2,000. . . . . . . . . . 1,200 00 Add cost of first edition 1,000 copies....... 1,955 00 Add cost of preparing report ... , . . . . . . . . . . tiOO 00 Add cost of proof reading ............. . . . . 200 00

Cost of publishing 5, 000 copies of geological report containing 500 pages, with geological map of State ....................... $5,155 00
All the instruments purchased for the survey, except one or two inadvertently lost, are preserved in the office. The wagons, harness, and such of the outfit as has not been worn out, is still on hand, though in an inferior condition. Dr. Little has sold the mules for the sum of 3200, but still retains possession of the horses. The Vd.lue of all this property, excepting the live stock, is now not more than one-third of its original cost.
"'bile we express the opinion that the expense of many of the items charged is extravagant, yet it could not have been incurred without the concurrence of the Board of Advisement, and we are satisfied that, with past experience to guide, the survey may be completed for a less sum than has already been expended.
Respectfully submitted, W. T. IRVINE, Chairman; V{. R. RANKIN, S. K. CooK, 0. f)RAN 0LIVEH, C. H. M. HowELL.
Leaves of absence were granted to .Messrs. Brintle,

1382

JoURNAL OF THE HOUSE.

Shannon, Mathews, Awtry, Elder, Scruggs, Burch of Laurens, Hall, Hamilton and Harris.
On motion of 1\fr. King, three hundred copies of the report of the committee to investigate the expenditures of the Geological Department, were ordered -printt>d for the use of the House.
Mr. Strickland, of Clinch, moved to suspend the rules for the purpose of taking up and reading the first time Senate bill No. 152.
The motion did not prevail.
Mr. Harp moved to suspend the rules for the purpose of taking up for a third reading consolidated House bill to repeal several acts creating Boards of Commissioners in certain counties named.
The motion was lost. On motion of Mr. Dupree, consolidated House bill to regulate the sale of intoxicating liq1~ors in certain named localities was taken from the table and resumed its place on the calendar. The special order, being a bill to establish a County Court in the several counties of this State, and the substitute therefor, were then taken up for a third reading. The bill was read a third time. On motion of Mr. Harrison, the substitute was taken up and read and considered by sections. On motion of Mr. King, the first section was amended by striking from the thirteenth and fourteenth lines thereof the words "which appointed," Mr. Paine moved to amend the first section by inserting after the word "exist," the words "or a City Court having jurisdiction over the whole county," whir.h amendment was adopted. :Mr. Duvall proposed an amendment which was lost. On motion of Mr. Northern, tlle fourteenth line of

MoNDAY, ~EPTEMBER 8, 1879.

1383

the first section was amended by striking therefrom the words "one year," and inserting in lieu thereof the words "two years."
Mr. Livingston offered a substitute, for the first section.
On motion of 1\fr. PainP, the proposed substitute was amended by inserting before the word "exist," in the sixth line, the words "or a City Court having jurisdiction over the whole county." .
Mr. \Valters moved to amend the substitute so as to req~tire the .Judge of the County Court to give a bond in the sum of 85,000 for the faithful performance of his duty.
The amendment was adopted. Mr. Harrison called for the yeas and nays on the adoption of the substitute. The call was not sustained. The substitute, as amended, was then adopted in lieu of the first section of the bill. Mr. Fort moved to strike out the first section of the bill. On this motion Mr. Bird called the previous question. The call was sustained, and the main question ordered. On the motion to strike out the first section, Mr. vValters calleil for the yeas and nays. The call was sustained, and on calling the toll the vote was as follows :

Those voting in the affirmative are Messrs.-

Anderson of Pulaski,
Bell, Berry, Bird, Bleckley, . Burch of Laurens, Burch of Towns, Butt, navison,
DeLoach,

Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Ivey, Johnson of Johnson, Kimsey, Lamb, Lang,
McAfee,

Phillips of Coffee, Phinizy, Poppell, Riden, Rogers, Roney, Russell,
Sheffield of Early, Simms,
Smith of Walton.

1~84

JoU.Il,NAL OF THE HOUSE.

Duvall,
Farnell, Fitzgerald, Fletcher,
Ford, Fort, Fuller,
Grant, Greene of Baldwin, Harrell,
Hollis,

McDonald, ~!iller of Houston, )Iiller of Liberty, )Iitchell,
Mynatt, Nisbet, Paine,
Patterson, Paull, Phillip~ of CarroII,

Strickland of Clinch, Strickland of Bryan, Strother, Tate,
Welch, wheeler,
Wilcox,
Williams of Columbia, Wilson Zellner.

Those voting in the negative are Messrs.-

Bennett, Cannon, Chambers

Irvine, Janes, Johnson o( Clay,

Chapman, Cook, Crawford,

Kendrick, King, Livingston,

Cunningham, Dozier, DuBose, Dupree, Gammage,

Luftinan,
Maund,
~IcGourick,
:McRae,
~Ic,Vhorter,

Gray, Glover,

Milner, Northern

Hanks, Harp,

Oliver, Park,

Harrison, Humber, Hutchins,

Peacock, Pope,

Those not voting are Messrs.-

Rankin, Redwine, Reese, Roach, Roberts, Scruggs, Sikes, Taliaferro, Tarver, Tatum,
Turner of Coweta, 'Valters, Walton,
'Vestbrook, Williams, C. W., Wright,
Yancey.

Adams, Anderson of Morgan,
Anderson of Newton, Awtry,
Barksdale, Barron, Born,
Branch, Brantley,
Brintle, Buchan,
Butler, Carr,
Clegg,
Colley, Collins,
Cox of Harris,
Cox of Troup, Daniel,
Davis of Baker,
Davis of Houston,

Dick in,
Duggar, Elder, Garrard, Greene of Madison, Hall,
Hammond, Hamilton,
Harris, Henderson,
Hill, Hogan, Jordan of Crawford, .Jordan of Wilke.q,
Kirby, Mathews,
l\:IcConnell, :\IcCurry, l\:IcLu<Jas, Perkins,

Phillips of Cobb, Pike, Polhill, Prescott, Puckett, Shannon, Sharman, Sheffield of Miller, Sibley, Smith of ButtM, Smith of Oglethorpe, Thomas, Toole, Tul'Der of Brooks, Vick,
Wall,
'Veehunt, Williams, F. J. Willingham, Wilmot.

Yeas 61. Nays 52. Not voting, 61.

MONDAY, SEPrE~IBER 8, 1879. .

1385

So the motion prevailed, and the first Sflction was stricken from the bill.
On motion of Mr. McWhortPr, the bill was indefinitely postponed.
Mr. Paine, Chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker :

The Committee on Enrollmer.t report as duly en-

rolled and ready for the signature of the Speaker o(

the House of Representatives, th~ following acts, to-

wit:

An act appropriating money to pay Owen Smith's

claim against the State for services rendered.

Also, an act to authorize the Ordinary of Fulton

county to enter into a contract with the owner of the

Abstract of 'fitle of Fulton county to furnish said ab-

stract book, and to keep up the same for the benefit of

the people of the county.

Also, an act to amAnd the law in relation to court

contracts as contained in section 2758 to 2772 inclusive

of the Revised Code of 1873.
vV. '\:V. PAINE, Chairman.

The regular order was then taken up being the call

of the roll of counties for the introduction of new

matter.

The following bill was introduced, read the first time

and referred to the Committee on Corporations, to-wit:

By Mr. Lang-

A bill to be entitled an act to incorporate the Way-

cross and Florida Railroad Company.

By a constitutional vote of yeas 91, nays nQne, the

following local bill was read the first time and referred

to the Committee on Corporations, without reference to

the Committee on Local and Special Bills, to wit:

By M:r. Reese-

A bill to amend an act incorporating the town of

88

.

1386

JOURNAL OF THE .fiOUSE.

Forrestville, in the county of Floyd, so as to limit and diminish the boundaries of said town.
The following local bills having been reported back from the Committee on Local and Special Bills, were read the first time and referred to the Committee on the Judiciary, to-wit:
By Mr. ScruggsA bill to abolish the County Board of Commissioners for the county of Glasscock. By Mr. CarrA bill to -prohibit the making or selling of any spirituous liquors within two miles of any church or place of worship in Sheffield District, in Rockdale county, of this State.
The following bills were introduced, read the first time, and referred to the Committee on Agriculture, towit:
By Mr. LuffmanA bill to amend an act entitled an acct 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 February 26, 18i7. Also, bill to furnish all maimed Confederate soldiers who lost a limb in the late war of the American StatPs artificial limbs, as provided by the Constitution. The following bills were introduced, read the first time and referred to the Committee on the Judiciary, to-wit: By Mr. WrightA bill to give landlords a lien for rent on all the property of tenants upon the rented premises, and to prescribe the manner of enforcing the same. By Mr. Barksdale- A bill to promote the sanitary condition of this State by prescribing the conditions upon which dams may

MoNDAY, 8EPTEliiBER 8, 1879.

1387

be erected across running streams, and to provide a penalty for a violation of the same.
By Mr. Miller, of HoustonA bill to regulate the practice in the Supreme Court of this State.
By 1\fr. AdamsA bill to authorize the Comptroller-General of the State to accept the taxes assessed against the property of the Atlantic and Gulf Railroad without penalties or interest on the same.
Also, a bill to authorize the Clerk of the Superior Court of the county of Chatham, and the Clerk of the City Court of Savannah to require a deposit for payment of costs, and for other purposes.
This being a local bill, it was read the first time and referred to the Committee on the Judiciary, by a constitutional vote of yeas 95, nays none.
The following bill was introduced, read the first time and referred to the Committee on Agriculture, to-wit:
By Mr. Miller, of HoustonA bill for the protection of game and birds in the county of Houston; to prohibit the killing, trapping, or netting of the same, or buying, Si:"lling, or offering tor sale the same during certain months in said county ; to provide penalties for so doing, and tor other purposes. By a constitutional vote of yeas 96, nays none, the following bill was introduced, read the first time, and refened to the Committee on the Judiciary, to-wit: By l\fr. IveyA bill to repeal an act approved February 26, 1877, creating a Board of Commissioners for the county of Ware. By consent of the House, 1\fr. Kendrick was allowed to withdraw the following bill, introduced by himself,

1388

JOURNAL OF THE HOUSE.

and which had been re-ported back by the Commitlee on Local and Special Bills for a first reading, to-wit:
A bill to repeal an act to incorporate the town of Weston, in the county of Webster.
Mr. Phinizy offered the following resolution, which was read the first time and referred to the Committee on Rules, to-wit:
A resolution-
That from and after to-day the call of the counties be discontinued, and that no more new matter be allowed to be introduced, except by a two-thirds vote of the House.
On motion of Mr. Yancey, the following bill was re commited to the Committee on the Judiciary, to-wit :
A bill to declare the indorsemAnt of the State's guaranty on the bonds of the Northeastern Railroad Company to be null, void and unconstitutional, aztd for other purposes.
The next business in order being the reading of bills a third time, the following bill was read the third time and passed, as amended, by a constitutional majority of yeas 95, nays none, to- nit :
A bill to be entitled an act making it the duty of freeholders and their agents to return the names of all tax payers residing upon their premises on the first day of April of each year.
The following bills were, on motion, laid upon the table, to-wit :
A bill to prevent extortion and unjust discrimiliation in the rates charged for the transportation of passengers and freights on railroads in the State of Geor gia.
Also, a bill to prescribe the practice in claim cases. Also, a bill to prevent railroad companies in the State from unjustly discriminating in their charges for transp01-tation, and for othe1 purposes.

TUESDAY, SEPTEMBER 9, 1879.

1389

Also, a bill to regulate the mode and manner of charging freights and fares on the several railroads in this State.
On motion of Mr. Walton, the House then adjourned until9 o'clock to-mor~ow morning.

ATLANTA, GEORGIA,

Tuesday, September 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 the following members answered to their names :

Those present were Messrs.-

Adams, Anderson of Morgan, Anderson of Newton,
Anderson of Pulaski,
Awtry,
Barksdale,
Bell, Bennett, Berry,
Bird, Bleckley,
Born, Branch, Brintle, Buchan, Burch of Laurens,
Burch of Towns, Butler,
Butt, Cannon, Carr, Chambers, Chapman,
Clegg, Colley,
Collins,
Cook,

Glover, Greene of Baldwin, Greene of Madison,
Hammond, Hamilton,
Hank~,
Harrell,
Harp, Harris, Harrison,
Hill,
Hollis, Howell of Lowndes, Howell of Pickens,
Hudson, Hulsey, Humber, Hutchins,
Irvine, Ivey, Janes, Johnson of Clay,
Johnson of Johnson, Kendrick, Kimsey, King,
Kirby,

Perkins,

Phillips of Carroll,

Phillips of Cobb,

Phillips of Cofiee,

Phinizy,

Pike,

Polhill,

Pope,

Poppell,

Puckett,

Rankin,

Redwine,

Reese,

Riden,

Roach,

Roberts,

Rogers,

Roney

Russeli,

Scruggs,

Shannon,

Sharman,

Sheffield of Earlv,

Sibley,



Sikes,

Simms,

Smith of Butt!<,

1390

JoURNAL OF THE HoUSE.

Cox of Harris, Cox of Troup,
Crawford, Cunningham, Daniel, Davis of Baker,
Davis of Houston, Davison,
DeLoach,
Dickin,
Dozie~,
DuBose, Duggar,
Dupree, Duvall, Elder,
Farnell, Fitzgerald, Fletcher,
Ford, Fort, Fuller, Gammage, Garrard,
Grant, Gray,

Lamb,
Lang, Livingston,
Luffman, Maund, McAfee,
McConnell, McDonald, McGo,Jirck, :i\{cLPcas,
:!\1cRae, :i\IcWhort.er l\ltller of Houston,
Miller of Liberty, Milner, Mitchell,
Mynatt, Nisbet,
Nor~hern,
Oliverj Paine, Park,
Pa~terson,
Pa,1ll,
Peacock,

Smith of Walton, Strickland of Clinch, Strickland of Bryan,
Strother,
Taliaferro, Tarver,
Tate, Tatum,
Thomas, Turner of Brook~, Turner of Coweta,
"\Valters, Vvalt.on,
Weehunt,
'Veldt, 'Vestbrook, Wheeler,
'Vilco:;:, Williams of Columbia, Williams, F. J.
Willingham, "\Vilson,
Wright, Yancey,
Zellner.

Those absent were Messrs.-

Barron, Brantley, Hall, Henderson, Hogan, Jordan of Crawford,
Present 157.
Absentl7.

Jordan of Wilkes, Mathews,
McCurry, Prescott, '
Sheffield of 1-Iiller, Smith of Oglethorpe,

Toole, Vick, Wall, Williams, C. W. 'Vilmot.

Mr. Harrell, from the Committee on Journals, re-

ported the Journal of yesterday examined and ap-

proved.

The Journal \Vas then read, corrected and affirmed.

Mr. Davis, of Houston, moved to reconsider so much

of the Journal of yesterday as relates to the action of

the House on the general County Court bill.

On the motion to reconsider, Mr. Fort called for the

yeas and nays.



The call was sustained, and on calling the roll the

vote was as follows :

TuESDAY, SEPTE:\rBER 9, 1879.

1391

Those voting in the affirmative are Messrs.-

Anderson of Morgan, Hulsey, Anderson of Newton, Humber,

Park, Rankin,

Anderson of Pulaski, Berry, Born,

Hutchins. Irvine, lvey,

Redwine, Reese, Roach,

Cannon, Chambers, Chapman, Cook, Davis of Houston,

Janes, Johnson of Clay, Kendrick, King, Livingston,

Roberts, Roney, Shannon, Sikes, Simms,

Dozier, Dupree, Fuller,

l:laund, McConnell, McDonald,

Strother, Taliaferro, Tarver,

Gammage,

1\1cGourick,

Tate,

Garrard, Gray,

McRae, McvVhorter,

Tatum, Walters,

Glover, Greene of Madison, Hanks, Harp,

Milner, Mitchell, Mynatt, Nor.hern,

vValton, vVbeeler, Williams, C. W. vVillingham,

Harrison

Oliver,

Yancey.

Those voting in the negative are Messrs.-

Barksdale, Bell, Bennett, Bird, Branch, Burch of Laurens, Burch of Towns, Butt, Carr, Cunningham, Davis of Baker, Davison, DeLoach, Duggar, Duvall, Farnell, Fitzgerald, Ford, Fort, Grant,

Green of Baldwin, Harrell, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Johnson of Johnson, Kimsey, Lamb, Lang, Luffman, McAfee, McLucas, Miller of Liberty, Paine, Patterson, Paull, Peacock, Perkins,

Phillips of Carroll, Phillips of Cobb, Phinizy,
Pope, Poppell, Puckett, Riden,
Rogers, Russell, Sheffield of Early, Smith of Walton, Strickland of Clinch, Strickland of Bryan,
'Veehunt, \Velch, wilcox,
Williams of Columbia, Wilson, Zellner.

Those not voting are Messrs.-

Adams,
Awtry, Barron,
Bl~ckley,
Brantley, Brintle,
Buchan, Butler,

Fletcher, Hall, Hammond, Hamilton, Harris, Henderson, Hill, Hogan,

Prescott,
Scruggs, Sharman,
Sheffield of Miller, Sibley, Smith of Butts, Smith of Oglethorpe, Thomas,

1392

JouRNAL oF THE HousE.

Clegg, Colley, Collins, Cox of Troup, Cox of Harris, Crawford, Daniel, Dickin, DuBose, Elder,

Jordan of Crawford, Jordan of Wilkes, Kirby, Mathews, McCurry, Miller of Houston, Nisbet, Phillips of Coffee, Pike, Polhi!l,

Yeas 63. Nays 58. Not voting 53.

Toole, Turner of Brooks, Turner of Coweta, Vick, Wall, "\Vest brook,
Williams, F. J
Wilmot, Wright.

So the motion to reconsider prevailed. Mr. Harrison moved to reconsider so much of the Journal of yesterday as relates to the action of the House upon the first section of the General County
Court bill.
The motion to reconsider prevailed.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker :
The Senate has passed the following Senate bills, and asks the concurrence of the House of Representatives therein:
A bill to fix the time of holding the fall terms of the Superior Courts in the counties of Union and Towns.
Also, a bill to define and regulate the jurisdiction of County and other Inferior Courts in certain cases.
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 Honse of Representatives the following acts, to-wit:
An act to provide one Commissioner of Roads and

TuE~DAY, SEPTE1\IRER 9, 1879.

1393

Revenue in the county of Forsyth, and to prescribe his powers and duties.
Also, an act to rPpeal au act entitled an act to make and constitute the Sheriff of Cobb county ex-officio TaxCollector of said county, and for other purposes, approved February 28, 1876.
Also, an act to change the time of holding the Superior Courts in the county of Houston from the fourth Mondays in May and November to the first Mondays in April and October, and to make all proceedings in said court returnable to next November term returnable to the October term, as herein fixed.
Also, an act to prevent the destruction of game in the county of Jones, in this State, and for other purposes.
Also, an act allowing persons at interest to be made parties plaintiff in cases when a chose in action in suit is assigned as any part of a twelve months support, in the manner that representatives of estates are now made parties.
Also, an act to amend section 4373 of the Revised Code of Georgia of 1873, so as to make the wife a competent witness in cases of abandonment.
Also, an act to authorize the comity of Dougherty by its County Commissioners to issne bonds of said county for thirty thousand dollars, and to provide for the assessment and collection of an annual tax to pay the principal and interest of the same in compliance with article 7, section 7 of the Constitution, for the purchasing the bridge across Flint River, at Albany, for the use and benefit of said county.
W. W. PAINE, Chairman.

l\fr. Northern, chairman of the Committee on Education, submitted the following report : Mr. Speaker :
The Committee on Education have bad under con

1394

JoURNAL OF THE HoUSE.

sideration the following bills, which they recommend do pass, to-wit:
A bill to be entitled an act to divert the unexpAnded part of the fund, known as the Ohoopee River fund, a fund provided for opening up the Ohoopee River, in the county of Tatnall, to educational purposes in said county.
Also, a bill to be entitled an act to enlarge the facilities for education furnished by the University of Georgia, by creating a new school to be a part thereof, and to be known as the Georgia State Normal College.
The committee have also considered the foll<twing bill, which they recommend do not pass.
A bill to be entitled an act to render more efficient and economical the office of State School Commissioner, as provided in article 8, section 2, paragraph 1 of the Constitution, and to substitute the Attorney-General for the State School Commissioner, and to fix the proper compensation for the same.
W. J. NoRTHERN, Chairman.
Mr. Fort, chairman pro tem. of the Committee on the Judiciary, submittE-d the following report :
Mr. Speaker:
The Committee on the Judiciary have had under consideration the following Senate bills, which they recom mend do pass, to-wit:
A bill to be entitled an act 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 Georgia.
Also, a bill to be entitled an act to carry into effect article 2, section 5 of the Constitution ot this State, and to prohibit the sale or distribution of intoxicating liquors on days of election, and to provide a punishment tor the same.

TuESDAY, SEPTE]\[BER 9, 1879.

1395

Also, a bill to be entitled an act to extend the mode of proving administration and guardianship.
Also, a bill to be entitled an act to amend section 2558 of the Code, as to the sale of insolvfmt papers by administrator, and for other purposes.
Also, a bill to be entitled an act to authorize creditors of any person making a voluntary assignment to compel the assignee co give security to discharge his trust, and for other purposes.
The committee have also had under consideration the following Senate bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to carry into eftect paragraph 1, section 17, article 6 of the Constitution of1877, so as to provide for change of venue in all cases, either at law or in equity.
The com:nittee have also had under consideration the following ::3enate bills, which they recommend do not pass, to-wit:
A bill to be entitled an act to amend section 3854 of Code, concerning witnesses.
Also, a bill to be entitled an act to throw restrictions around the reception of pauper affidavits in judicial proceedings, and for other purposes therein mentioned.
ALLEN FoRT, Chairman protem.

On motion of Mr. \Valters, the rules were suspended for the purpose of taking up House bills and resolutions, amended by the Senate, in order to act upon the Senate amendments thereto.
The House then concurred in the first Senate amendment to the House bill to appropriate money for the compensation of members of the Special Joint \Vild Land Committee, and refused to concur in the other amendments.
On motion of Mr. Northern, the action of the House

1396

JouRNAL OF TR1!1 HousE

in concurring in the first Senate amendment was reconsidered.
The House then refused to concur in the first amendment of the Senate.
The House concurred in Senate amendments to the following-House bills, to-wit:
A bill to authorize the Ordinary of Clarke county to issue four per cent. bonds to substitute for county bonds now outstanding.
Also, a bill to authorize the Board of Commissioners of Decatur county to issue bonds for the purpose of building a bridge over Flint river near Bainbridge, and for other purposes.
Also, a bill to prohibit Ordinaries, County Commissioners of Roads and Revenues, Tax-Colle<.;tors, Clerks, Sheriffs, or Treasurers from buying up at a discount or in any manner speculating in county orders or jury scrip, and to prescribe a penalty therefor.
Also, a bill to authorize tbe Ordinary of Milton county to borrow money for the purpose of paying for the building of a Court-House in said county, and to provide for the -payment of said borrowed money.
Also, a bill to make it a high misdemeanor and punishable as therein prescribed, for any official or employee of any official to influence or attem-pt to influence the Governor, or be bead of any department of this State.
The House refused to concur in the Senate amendment to the following resolution, to-wit:
A resolution-
Authorizing the State Treasurer to pay interest due, on certain bonds of this State therein mentioned.
On motion of Mr Harrison, the action of the House upon the Senate amendments to the several House bills and the Honse resolution were ordered immediately transmitted to the Senate.

TUESDAY, SEPTEMBER 9, 1879.

. 1397

The rules were, on motion, suspended and the following bills were introduced, read the first time and referred as hereinafter mentioned to-wit:
By Mr. ChambersA bill to amend section 279 of the Code. RefPrred to the Committee on the Judiciary. By Mr. DuggarA bill to declare the Toccoa River a navigable stream for certain purposes.
This being a local bill was read the first time and referred to the Committee ou Internal Improvements, by a constitutional vote of yeas 100, nays none.
Leaves of absence were granted Messrs. Shannon, Oliver, Hogan, vValton, Hollis, and Smith of Oglethorpe.
By consent of the House Mr. Barksdale was authorized to withdraw the following bill, introduced by himself, and which had been reported back by the Committee on Local and Special Bills, with the recommendation that he be allowed to withdraw the same, to~ wit:
A bill to amend an act approved February 28, 1876, regulating the sale of intoxicating liquors in the town oj vVarrenton, or within two miles thereof.
The business before the House being the considera/ion of bills for a third reading, the following House bill was taken up and read a third time, to-wit:
A bill to be entitled an act to amend an act to create the office of State Gt'ologist, and to provide for a geological, mineralogical, and physical survey of the State of Georgia, and for other purposes.
This being a bill for the appropriation of money, the House, on motion of Mr. Livingston, went into Com mittee of the Whole for the purpose of considering the same.

1B98

JouRNAL OF THE HousE.

Mr. Northern, chairman of the Committee of the Whole House, submitted the following report:

Mr. Speaker:

The Committee of the \Vholo House have had under consideration a bill to be entitled an act to amend an act to create the office of Stat.~ Geologist, and to provide for a geological, mineralogical and physical survey of the State ot Georgia~ and for other purposes, which they instruct me, as their chairman, to report back to the House with the recommendation that it do not pass.

Mr. wright, chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker:
The Committee on Railroads have considered the following bills, to wit :
.A. bill to be entitled an act to require section bosses or overseers of railroad companies, to romove stock killed by the running of engines, cars, or other machinery of railroad companies, to a point at least two hundred yards from public roads, and from dwelling houses, and to prescribe a penalty for a failure to do so, the place of trial, and for other purposes, which they recommend do pass.
.Also, a bill to prevent railmad companies from pooling their earnings, which they recommend do pass, as amended .
.Also, a bill to be entitlen an act granting right-ofway to the Cincinnati Southern Railway where its route adjoins that of tile \Vestern and .Atlantic Railroad, which they recommend do pass, as amended.
.Also, a bill to be entitled an act to exempt employees in the roadway department on the several railroads iu

'ruESDAY, SEPTEMBER 9, 1879.

1399

this State from road duty, which they recommend do not pass.
All of which is respectfully submitted. H. G. WRIGHT, Chairman.

Mr. Paine, chairman of the Committee on Enroll ment, submitted the following report:
Mr. Speaker :
The Committee on Enrollment report as as duly enrolled, signed by the Speaker of the House of Representatives, President of the Senate, and delivered to the Governor, the following acts, to-wit:
An act to authol'ize the Mayor and Council of the city of Athens to use the money paid by the Southern Mu tual Insurance Company of Athens, Georgia, as taxes on gross premiums for the year 1879, for the purpose of building cisterns in the city of Athens.
Also, an act to repeal an act entitled an act to provide for the registration of electors in the counties of Thomas, Lowndes, Decatur, Mitchell and Camden, and to prevent illegal voting in the same, approved February 23, 1'375, so far as the county of Mitchell is concerned.
Also, an act to change the time of holding the Superior Court in the county of Houston, and for other purposes.
Also, an act to prevent the destruction of game in the county of Jones, and for other purposes.
Also, an act to allow persons at interest to be made parties plaintiff in cases which a chose in action in suit is assigned as any part of a twelve months support, in the manner that representaV.ves of estates are made parties.
Also, an act to amend section 4373 of the Revised Code of Georgia of 1873, so as to malce the wife a com petent witness in cases of abandonment.

1400

JOURNAL O.ll' THE HOUSE.

Also, an act to repeal an act to make and constitute the Sheriff of Cobb county ex-officio Tax-Collector of said county, and for other purposes, approved February 28, 1876.
Also, an act to provide one Commissioner of Roads and Revenue in the county of Forsyth, and to prescribe his powers and duties.
Also, an act to authorize the county of Dougherty by its County Commissioners to issue bonds of said county for thirty thousand dollars, and to provide for the assessment and collection of an annual tax to pay the principal and interest of the same in compliance with article 7, section 7 of the Constitution for purchasing the bridge across Flint River, at Albany, for the use and benefit of said county.
Also, an act appropriating money to pay Owen Smith's claim against the State for services rendered.
Also, an act to authorize the Ordinary of Fulton county to enter into a contract with the owner of the abstract title of Fulton county; to furnish said abstract book, and to keep up the same for the benefit of the people.
Also, an act to amend the law in relation to court contracts, as contained in sections 2758 to 2i72, inclusive, of the Revised Code of Georgia.
Also, an act to authorize the Mayor and Aldermen of the city of Savannah to build an aqueduct from said city to such point as they may select on the Savannah River, and f'or other purposes.
Also, an act to create a Board of Commissioners of Roads and Revenue for the county of Putnam, and to define its powers and d11ties.
Also, an act to withdraw all rights, privileges aud franchises heretofore granted to the Arnett Bridge Company, located at Bainbridge, Ga.
Also, an act to establish a City Court in the county of

TuESDAY, SEPTElmER 9, 1879.

1401

Cla-rke, and to provide for the appointment of a Judge and Solicitor.
W. "\V. PAINE, Chairman.
On motion of l\fr. Garrard, the time of the morning session was extended five minutes.
The hour of one o'clock and five minutt>s having arrived, the Speaker declared tlw li011Se adjourned until
St o'clock this afternoon.

3:30 O'cLocK P.M.
The Honse reassembled, and was called to order by the Speaker.
The business in order being the reading of bills favorably reported upon, the following House bills were read the second time, to-wit :
A bill to prohibit railroad companies from pooling their ea1 nings.
Also, a bill to grant to the Great Southern Railway Company an extension of ten years for the completion of its road.
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Crawford.
Mr. Wright moved that the Honse adjourn till 9:30 o'clock to-morrow morning.
The motion was lost. The reading of bills a second time was resumed and the following bill read a second time, to-wit: A bill to repeal an act to change and rt>gulate the school system in certain counties, approved February 15, 1S77, so far as the same applies to tbe county of Dodge. Also, a bill to amend an act to require the County
89

1402

JoORNAL OF THE HOUSE.

School Commissioners of the several counties to make annual reports of school operations, and to submit their books for examination to the Grand Juries of their respective counties, approved February 20, 1877.
Also, a bill to repeal sections 1631, 1632 and 1633 of tlle Revised Code of 1873, and for other purposes.
Also, a bill to transfer the county of St~wart from the Chattahoochee Judicial Circuit to the Pataula Circuit.
Also, a bill to prescribe the fees to which the Clerks of the Buperior Courts in applications for appointment of Commercial Notaries Public.
Also, a bill to require Ordinaries, Boards of Commissioners of Roads and Revenues or other officer having charge of county revenues to publish annually itemized statements, under oath, of all receipts and disbursements for county purposes.
.Also, a bill to repeal an act requiring judgment creditors in certain cases to have their judgments recorded in the county of defendant's residence, and in lieu thereof to require a pre per docketing of thefi.j'as. in such cases.
.Also, a bill to amend section 1832 of the Code. .Also, a bill to amend an act to incorporate the town of Thoma.sville, in this State ; to grant certain privileges to the same, and to define its limit~, approved March 3, 1874. Also, a bill to amend an act to prohibit the killing of deer, wild turkeys and partridges at certain seasons in the counties of Lowndes, Thomas and Putnam, so far as the same relates to the county of Thomas, so as to prevent the destruction of the nests of wild turkeys and partridges, and to fix the rules of evidence in cases of violation of this act. Also, a bill to amend section 4538 of the Code of 187:3, relative to keeping gaming hon~es, and section

TUESDAY, S~PTE111BER 9, 1879.

1403

4.!540 of said Code relative to keeping gaming tables ; to provide for the more full enforcement of the laws against gambling, and for other purposes.
Also, a bill to amend section 1730 of the Revised Code of Georgia of 1873, by striking out the words "a special j nry selected from the Grand Jury,'' and inserting in lieu thereof the words '' :1 jury as in other common law cases."
Also, a bill to extend the provisions of an act to re lieve J. vV. Grubbs, A. G. Inman, S. J. Bell and L. D. Matthews, securities on the bond of R. Columbus vVimberly, Tax-Collector of the county of Burke in the year 1!:!74, approveu February 28, 1876, so as to afford L. D. Matthews, the only remaining solvent security on said bond, further time to have all the -payments which he claims have been made (since the passage of said act) on said bond.
Also, a bill to declare it illegal for any Judge of any City Court to hold the office of corporation counsel or other municipal office in the cit.y in which their court is held.
Also, a bill to amend section 837 o.f the Code of Georgia.
Also, a bill to amend an act to provide for the payment of the fees of the Solicitor-General of the Southern Judicial Circuit in cases of misdemeanors transferred to the Connty Courts in said circuits, and for other pnrposes, so as to provide also for the fee,s of the Clerk of the Supreme Court and Sheriff of the county of Brooks in said cases.
Also, a bill to provide for the payment of certain insolvent costs in felony cases.
Also, a bill to prevent the maintaining or canying on of any lottery, or agency of lottery, in t1lis State, and for other purposes.
Also, a bill for the relief of James L. Fleming.

1404

JoURNAL OF THE HOUSE.

'fhe following message was received from his Excellency the Governor, through ~fr. Avery, his Secretary, to-wit: Mr. Speaker:
His Excellency, the Governor, has approved and signed the following acts, to-wit:
An act to incorporate the Cherokee Iron Company, so as to authorize said company to build and operate railroads from Cedartown, Georgia, to the Selma, Rome and Dalton Railroad, and for other purposes.
Also, an act to alter and amend section 28 of the school law of August 23, 1872, and to carry it into effect as to the past. the concluding words of that section.
-Also, an act to repeal sections 4387 and 4388, and to amend section 4386 of the Revised Code of 1873, and to prescribe the punishment for burglary, and for other purposes.
Also, an act to ttmend an act to incorporate the town of Thomson, in the county of Columbia, now McDuffie, approved December 16, 1859, so far as relates to increase the tax on sale of spirituous liquors, and for other purposes.
Also, an act appropriating money to pay Owen Smith's claim against the State for services rendered.
Also, an act to withdraw all rights, privileges and franchises heretofore granted to the Arnett Bridge Company, located at Bainbridge, Ga.
Also, an act to authorize the Mayor and Aldermen of the city of Savannah to build an aqueduct from said city to such point as they may select on the Savannah River, and for other purposes.
Also, an act to authorize the Mayor and Council of the city of Athens to use the money paid by the Southern Mutual Insurance Company of Athens, Ga., as taxes on gross premiums for the year 1879, for the purpose of building cisterns in the city of Athens.

WEDNESDAY, ~EPTEMBER 10, 1879. 1405
Also, an act to repeal an act entitled an act to provide for the registration of electors in the counties of Thomas, Lowndes, Decatur, Mitchell and Camden, and to prevent illegal voting in the same, approvedFebruary 23, 1'375, so far as the county of Mitchell is concerned.
Also, an act to create a Board of Commissioners of Roads and Revenues for the county of Putnam, and to define its powers and d11ties.
Also, a resolution for the removal of books of the State Library.
Also, an act to establish a City Court in the county of Clarke, and to provide for the appointment of a Judge and Solicitor therefor.
Ou motion of Mr. Williams, of Columbia, the House then adjourned till 9 o'clock to-morrow morning.

ATLANTA, GEORGIA,

Wednesday, September 10, 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 the following members answered to their names :

Those present were Messrs.-

Adams, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Barksdale, Bell, Bennett, Berry, Bird, Bleckley, Born,

Greene of Madison,
Hall, Hammond, Hanks, Harrell, Harp, Harrison,
Hender~on,
Hogan, Hollis, Howell of Lowndes,

Phillips of Canol], Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Poppell, Puckett, Rankin, Redwine,

1406

.JoURNAL OF THE HoUSE.

Branch, Brintle, Buchan, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Carr, Chambers, Chapman, 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, Gray, Glover, Greene of Ba.dwin,

Howell of Pickens,
Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey,
Janes, Johnson of Clay, Johnson of Johnson, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Livingston, Luffman, Maund, McAfee, McConnell, McDonald, McGouirck, McLucas, McRae, McWhorter, Miller of Houston, Miller of Liberty, Milner, MitcheiJ, Mynatt, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Nisbet, Perkins,

rhose absent were Messrs.-

Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sibley, Sikes, Simms, Smith of Butts, Smith of Oglethorpe, Smith of Walton,
Strickland of Bryan, Strickland of Clinch, Strother, Taliaferro, Tarver, Tate, Tatum, Turner of Brool!:s, Turner of Coweta, V'valters, Walton. Weehunt, welch,
\Vest brook, Wheeler, \Vilcox. Williams of Columbia, Williams, C. W. Willingham, Wilson, Wright, Yancey, Zellner.

Awtry, Barron, Brantley, Clegg, Colley, Collins, Hamilton,
Present, 153. Absent, 21.

Harris, Hill, Jordan of Crawford, Jordan of Wilkes, Mathews. McCurry, Prescott,

Sheffield of Miller,
Thomas, T<'ole,
Vick, \Vall,
Williams, F. J.
Wilm'ot.

1\fr. Harrell, from the Committf'e on J ouma.ls, re-

WEDNESDAY, SEPTEMBER 10, 1879.

1407

-ported the Journal of yesterday examined and ap proved.
The Journal was then read and confirmed.
Mr. Yancey, from Clarke, moved to suspend the rules for the purpose of reading a third time consolidated House bill to abolish the County Courts of certain counties therein mentioned.
The motion was lost.
Mr. Paine, chairman of the Committee on Enrollment, submitted the following report:
M1. Speaker:
The Committee on Enrollment report as dnly enrolled, and ready for thfl signature of the Speaker of the House of Representatives the following acts, towit:
An act to authorize the Ordinary of Clarke county to issue four per cent. bonds to substitute for county bonds now outstanding.
Also, an act to authorize the Board of Commissioners of Decatur county to issue bonds for the purpose of building a bridge over Flint River, near Bainbridge, and for other purposes.
Also, an act to make it a felony, and punishable as prescribed therein, for any official or clerk or employee of any official to influence or attempt to influence the Governor, or the head of any other of the Departments of this State.
Also. an act to be entitled an act to authorize the Ordinary of Milton county to borrow money for the purpose of paying for the building of a Court-House in said county, and to provide for the payment of said borrowed money.
Also, an act to prohibit the Ordinaries, County Commissioners of Roads and Revenue, Tax-Collectors, Sheriffs, Clerks, Treasurers, School Commissioners, or

14U8

JoUU.NAL OF THE .IIOUSE.

other public officers, from buying up at a discount, or

in any manner speculating in county orders, jury

scripts, etc., and to prescribe a penalty for a violation

of this act.

1V. "\V. PAINE, Chairman.

Mr. Hutchins, chairman of the Committee on Finance, submitted the foll0wing report :

Mr. Speaker: The Committee on Finance have had under conside-
ration the following bills, which they recommend do pass, by substitute, to-wit:
A bill to be entitled an act to amend an act entitled an act to prevent the burning of gin-houses in this State by offering a reward for the apprehension of incendiaries, and for other purposes, approved March 6, 1875.
Also, a bill to be entitled an act to regulate and prescribe the compensation of the Secretary of the Senate and Clerk of the House of Representatives for the State of Georgia, and of their a.ssistants, and for other purposes.
Also, a bill to be entitled an act to appropriate money to pay the salary of the physician appointed by the Governor under section three of the act approved lt'ebruary 25, 1876, entitled an act to regulate the leasing out of penitentiary convicts, etc.
.Also, the following bill, which they recommend do not pa!:!s, towit:
A bill to be entitled an act to amend the tax laws of the State of Georgia, so far as the same relates to railroad companies, and to define tha liabilities of said companies to taxation, and to repeal so much of the charters of said companies respectively as conflict with the provisions of this act.
Respectfully submitted. N. L. HuTCHINS, Chairman.

WEDNESDAY, SEPTEMBER 10, 1879.

1409

On motion of Mr. Oliver, the regular order of busi ness, being the call of the roll of counties for the introduction of new matter, was dispensed with for today.
Mr. Mynatt offered the following resolution, which was read the first time and referred to the Committee on Finance, to-wit:

A resolutionTo allow members of the present General Assembly mileage for the extra session. On motion of Mr. Dupree, House bill "to amend section B845 of the Code of 1873, in reference to pay of non-resident witnesses for this State," was taken from the table and resumed its place on the calendar. l\fr. Dupree then moved to suspend the rules for the purpose of putting the bill upon its passage. The motion did not prevail. The business next in order was the unfinished business of yesterday, being the consideration of the bill to amend the act establishing a Geological Department for the State of Georgia. The question was upon agreeing to the report of the f1ommittee of the "Whole House, which was adverse to the passage of the bill. On this motion, Mr. Livingston 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.-

Anders0r: of Newton,
Bell, Ben.tett, Bird, Bleckley, Born, Branch, Brintle, Burch of Laurens, Buch of fownR,

Hogan, Howell o( Lowndes,
Hl.vell of Pickens, Humber,
Hutchins,
IJrovhinnse~n of Johnson,
Kendrick, Kimsey,
Kir.g,

Phillips of Carroll, Philips of Cobb, Phillips of Coflee, Phirizy, Pike, Poppell, Redwine, Reese, Roberts, Roney,

1410

JOURNAL OF THE HoUSE.

Butt, Chambers,
Cook, Crawford, Dan:el,
Davis of Houton,
Davison, DeLoach, Iii tzgera.lo. Fletcher,
Ford, Fuller,
Garr:1rd Grant,
Hanks, Harp,
Harrison,

Kirby, Luffman,
McConnell, McDoPald, McGouirck,
McRae, 1\kWhorter, Miller of Houston, Milner,
Mitchell,
Mynatt, Oliver,
Park, Pat;.erson,
Paull, Peacock,

Sikes, Simms,
Smith of W ?.lton, St,.icldand of Bryan,
Strickland of Clinc!1, Taliaferro,
Tate, Tatum, \Valters,
"\Veehnnt, Welch,
Wheeler 'Wilcox,
Williams, C. W. Willingham, Zellner.

'rhose voting in the negative are Messrs.--

Adams, Anderson ef Morgan, Anderson of Pulaski, Barksdale, Berry, Cannon, Carr, Chapman Cunningham,
Dozier, DuBose, Duggar, Dupree, Duvnll. Farnell, Fort, Gammage,

Glover, Greene of Baldwin,
Harrell, Hollis, Hudson,
Hulsey,
lvey, Janes, Johnson of Clay,
Lamb, Lang, Livingston,
Maund, McAfee,
McLucas, Miller of Liberty,
~isbet,

Northern,

Paine,

Perkins,

Pope,

Puckett,

Ra'lkin,

Riden,

Roach,

Rogers,

Rus.qell,

Sheffied of Earlv,

Sibley,



Strother,

Tarver,

walton,

Williams of Columbia,

\Vilson,

Those not votin.!r are Messrs.-

Awtry,
Barron, Brantley,
Buchan, Butler,
Clegg, Colley,
Collins, Cox of Harris. Cox of Troup,
Davis of Baker, Dick in, Elder,
Gray, Greene of Madison,

Hall, Hammond, Hamilton, Harris, Henderson, Hill,
Jordan of Crawford, Jordan of Wilkes, Mathews, McCurry, Polhill, Prescott,
Scruggs, Shannon, Sharman,

Sheffied of Miller, Smith of Rutt~, Smith of Oglethorpe Thomas, Toole, Turner of Hrooh, Turner of Coweta,
Vick, Wall, Westbrook, Williams, F. J. Wilmot. Wright, Yancey.

Yeas 79. Nays 51. Not voting 44.

WEDNESDAY, SEPTEMBER 10, 1879. 1411
So the report was agreeil to, and the bill lost. The business in order, being the reading of bills a third time, the following were read the third time and disposed of as hereinafter mentioned, to-wit: A bill to carry into effect so much of article 7, section 1, paragraph 1 of the Constitution of 1877, as relates to supplying substantial artificial limb or limbs to soldiers who lost limbs in the military service of the Confederate States to provide for the same, and for other purposes.
This being a bill for the appropriation of money, on motion of Mr. Riden the House went into Committee of the whole for the consideration of the same, Mr. Milner in the chair.
Mr. Milner, chairman of the Committee of the whole House, submitted the following report:
M?. Speaker:
The Committee of the ""\Vhole House have had under consideration the following bill, to wit :
A bill to carry into effect so much of article 7, section 1, paragraph 1 of the Constitution of 1877, as relates to supplying substantial artificial limb or limbs to soldiers who lost limbs in the military service of the Confederate States ; to provide for the service, and for other purposes, which they direct me, as their chairman, toreport back to the House with the recommendation that the same do pass by substitute, as amended.
Mr. Miller, of Houston, called for the yeas and nays on the adoption of the first amendment proposed by the Committee of the \Vhole House to the substitute.
The call was sustained, and on calling the roll the vote was as follows :

1412

JOURNAL OF THE HousE.

Those voting in the affirmative are Messrs.-

Chrpman,
Da' son, Doz:er,
DuBose, Fod, Garrard, Hanks, Harrison,

Hogan, Hudson.
Humber, Hutchins, Miller of Houston, Mitchell,
Northern, Phillips of Carroll,

Phinizy
Riden, Sikes,
Strickland of Clinch, Tarver, Williams, C. W.
Yancey.

Those voting in the negative are Messrs.-

Anderson of Morgan, Anderson of Newton, Anderson of Pulaski,
Bell, Bennett,
Eerry, Bi.J:d, Bleckley, Branch,
Brintle, Burch of Laurens,
Burch of Towns,
Butt, Cannon,
Carr,
Cook, Crawford, Cunningham,
Daniel, Davis of Baker,
DeLoach
Duggar, Dupree, Duvall,
Farnell, Fitzgerald,
Fletcher, Fort, Fuller,
Gammage, Grant, Gray,
Glover,

Greene of Baldwin,
Greene of Madison, Harrell, HaTp,
Hollis, F owell of Lowndes, HoweU of Pickens,
Hulsey, Irvine, Janes,
Johnson of Clay, Jolmson of Johnson, Kendrick. K:msey,
King,
Lamb, Lang, Livingston,
Luffman, Maund, McConnell, McDonald,
l\IcGouirck, McLucas, l\icWhorter,
}filler of Liberty, Milner,
Mynatt, Nisbet,
Oliver, Paine, Patterson,
_Paull,

Those not voting are Messrs.-

Pe~.cock,
Pekins
Phillip; of Coffee,
Pope, Poppell, Puckett,
Rankin, Red,vine
Reese, Roach, Roberts,
Rogers, Roney, Russell, Sheffield of Early, Sibley, Simms, Smith of Walton,
Strickland of Bryan, Strother, Taliaferro,
Tate, Tatum, walton,
Weehunt, Welch,
Westbrook, Wheeler, 'Wilcox,
Willingham,
Wilson, Zellner.

Adams,
Awtry, Barksdale, Barron, Born, Brantley, Buchan,

Hammond, Hamilton. Harris,
Henderson,
Hill, Ivey, Jordan of Crawford,

Scruggs, Shannon
Sharman1 Sheffield of Miller, Smith of Butts,
Smith of Oglethorpe, Thomas,

WEDNEP.DA.Y, SEPTEMBER 10, 1879. 1413

Butler, Chambers, Clegg, Colley, Collins, Cox of Harris, Cox of Troup, Da,vis of Houston, Dickin, Elder, Hall,
Yeas, 23.
Nays, 98.
Not voting 5:-3.

Jordan of Wilkes, Kirby, Mathews, McAfee, McCurry, l\fcRae, Park, Phillips of Cobb, Pike, Pol hill, Prescott,

Toole, Turner of Brooks, Turner of Coweta, Vick, Wall, Walters, Williams of Columbia, Williams, F. J. "Wilmot,
Wright.

'fhe first amendment was not adopted.
The second amendment proposed to the substitute by the Committee of the 'Vhole, being a proviso to the first section thereof, was adopted. ,

The report of the committee, as amended, was agreed to.
On calling the roll of the House on the passage of the bill, the vote was as follows :

Those voting in the affirmative are Messrs.-

Anderson of Morgan, Anderson of Newton, Anderson of Pulaski,
Bell, Bennett, Berry, Bird, Bleckley, Born, Branch, Hrintle, Burch of Laurens, Butt, CaQ.non, Carr, Chambers Chapman, Cook, Crawford, Cunningham, Daniel, Davison,
DeLoach,

Greene of Baldwin, Greene of Madison, Hanks, Harrell, Harp, Fogan, Hollis, Howell of Lowndes, Hulsey, Humber, Irvine, Ivey, Janes, Johnson of Johnson, Kendrick, Kimsey, King, Lamb, Lang, Livingston, Luffman, Maund, McAfee,

Perkins, Phillipg of Carroll, Phillips of Coffee, Phinizy, Pope, Poppell,
Pucke~t,
Rankin, Redwine, Reese, Riden, Roach, Ro0erts, Roney, Russell, Sheffield of Early, Sibley, Sikes, Simms, Smith of Oglethorpe, Smith of Walton Str;ckland of Clinch, SHickland of Bryan,

1414

JouRNAL O.l!' THE HousE.

Dozier, Duggar, Dupree, Duvall, Farnell, Fitzgerald, Fletcber, Ford, Fort, Fuller, Gammage, Garrard,
Grant, Gray, Glover,

McConnell, McDonald, McGourick, McLucas,
Me 'Vhorter, Miller of Liberty, Milner, Mynatt, Nisbet, Oliver, Paine. Park,
Patterson, Paull, Peacock,

Strother, Taliaferro, Tarver, Tate, Tatum, walters.
Walton; Weehunt, Welch, westbrook,
Wilcox. Willingham, "Wilson
Yancey, Zellner.

Those voting in the negative are Messrs.-

Harrison, Hutchins,

Miller of Houston, Rogers,

wheeler.

Thor::e 11ot voting are Messrs.-

Adams, Awtry, Barksdale, Barron, Brantley, Buchan, Burch of Towns, Butler, Clegg, Colley, Collinx, Cox of Harris, Cox of Troup, Davis of Baker, Davis of Houston, Dick in,
DuBose, Elder, Hall,

Hammond, Hamilton, Harris, Henderson, Hill, Howell of Pickens, Hudsor, Johnson of Clay, Jordan of Crawford, .Tordan of Wilkes, Kirby, :Mathews, :McCurry, McRae Mitchell, Northern Phillips of Cobb, Pike,

Polhill,
Prescott, Scruggs, Shannon, Sharman, Sheffield of ~!iller, Smith of Butt~, Thomas,
Toole,
Turner of Brooks, Turner of Coweta, Vick,
Wall,
'Villiams of Columbia, Williams, C. W., Williams, F. J.
'Vilmot, Wright ..

Yeas 114. Nays5. Not voting, 55.

So the bill was passed by snbstitt1te.
l\Ir. Humber, of the Committee on Conference, sub mitted the following report :

Mr. Speaker :

The Committee of Conference, to whom was referred

WEDNESDAY, SIU'TE~fBER 10, 1879. 1415
the adjustment of certain differences between the Senate and House of Representatives, in regard to House bill No. 340, known as the jury exemption bill, beg leave to make the following report:
The Senate having amended said bill, and the House having refused to concur in the amendment, a conference committee was raised and reported to each House to which report the House agreed, and the Senate refusing to a~ree asked that a committee of conference be again raised. T!:e same committee being appointed recommend that the Senate recede from its amendment to the caption of the bill, striking out the word "sixty" and inserting the words "sixty-five;" also. that the Senate rerede from its amendment to the first section of the bill, striking out the word "sixty" and insert ing "sixty-five."
We further recommend that the House recede from its disagreement, and concur in the Senate amendment .to the first section of the bill by inserting the following after the word operator in the 16th line "officers and members of each fire company in this State to the number of twenty-five doing active duty as fin>men, whose names shall be filled in the office of the Clerk of the Superior Court by the secretary of such company on or before the first day of Jan nary of each year.
Respectfully submitted. J. G. HoLDEN, D. A. RUSSELL,
Committee on part of the Senate.
R. c. HUMBEH,
L. D. DuvALL, Committee on part of House.
Mr. Humber moved to take up the report of the Con ferPnc~ Committee in order to act on the samH.

1416

JOURNAL OF THE HOUSE.

The motion prevailed, and the report of the committee was adopted.
On motion of Mr. Humber, the action of the House on the report of the Conference Committee was ordered immediately transmitted to the Senate.
Mr. Fort, of Sumter, chairman pro tem. of the Committee on tlie Judiciary, submitted the following report:

Mr. Speaker :

The Committee on the Judiciary have had under con-

sideration the following Senate bills, which they recom-

mend do pass, 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 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 amend sections

3389 and 33()0 of the Code concerning the forms or

actions.

Also, a bill to be entitled an act to prevent illegal

voting in elections in this State, and to prescribe a

penalty therefor.

\

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 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 define the crime

of poisoning, and prescribe a penalty therefor.

Also, a bill to be entitled an act to prescribe the

times of holding the Superior Courts.

The committee have also had under consideration

the following Senate bill, which they recommend do

not pass, to-wit :

WEDNESDAY, SEPTEliiBER 10, 1879, 1417
A bill to be entitled an act to alter and amend the garnishment laws of this State.
The committee have also had under consideration the following House bill, which they recommend do not pass, to-wit:
A bill to be entitled an act to provirle for the levying a tax upon gypsies, and other strolling bands.
The committee have also lu:t.U. under consideration the following Senate bill, which they report back with the recommendation that it be referred to the conference committee having under consideration another bill on the same subject, to-wit:
A bill to be entitled an act to prescribe the manner of foreclosing certain chattel mortgages, and to confer jurisdiction on Justices of the Peace, and for other purposes.
ALLEN FoRT, Chairman, p1o tern.
On motion of Mr. Paine, the rules were suspended and the following SRnate bill was taken up and read a second time, to-wit:
A bill to be entitled an act to prescribe the times of holding the Superior Courts.
The following bills being on their third reading were, on motion, laid on the table, to-wit:
A bill to prevent railroad companies from pooling their earnings.
Also, a bill for the relief of Wm. Rich from a judgment in favor of the State on the forfeited bond of Geo. McCulloch.
The following bill was read a third time, to wit: A bill to declare the violation of contracts in certain cases criminal. Mr. Pope moved to lay the bill upon the table. The motion was lost. Mr. Strother proposed an amendment to the substitute of the Finance Committee for the bill.
90

1418

JouRNAL OJ! THE HousE.

l\Ir. Luffman moved to indefinitely postpone the bill and substitute.
The motion prevailed, and the bill was indefinitely postponed.

Mr. Paine, chairman of the Committee on Enrollment, submitted the following report:

JJir. Speaker :
The Committee on EnrollmPnt report as duly en-
rolled, signed by the Speaker ot the House of Repre-
sentatives, Presidt~nt of the SenatP, and delivered to the Governor, the following acts, to-wit:
An act authorize the Board of Commissioners of Decatur county to issue bonds for the purpose of building a bridg~ over Flint River.
Also. an act to authorize the Ordinary of Milton county to borrow money for the purpose of paying for the building a court house in said county, and provide for paying said borrowed money.
Also, an act to make it a felony, and punishable as prescribPd thPrPin, for any official or clerk or employee of any official to influence, or attempt to influence, the Governor or the head of any other of the departments of this State.
A!so, an act to authorize the Ordinary of Clarke county to issue four per cent. bonds to substihtte for bonds now outstanding.
Also, an act to prohibit Ordinaries, County Commissioners of Roads and Revenues, Tax-Collectors, Sheriff:;;, Clerks, Treasurer's, or other public officers, from buying up at a discount,'or in any manner speculating in county orders, jury scrip, etc., and to prescribe a penalty fot a violation of this act.
,V. \V. PAINJ<:, Chairman.
'rhe followin~ bill was l'ead a third time and passed,

WEDNESDAY, S.KPf.KM.BER 10, 1379. 1419
by substitute, as amended, by a constitutional majority of yeas 88, nays 7, to-wit:
A bill to make the employment of any minor who has a living parent or guardian illegal, without first obtaining the written consent of such parent or guar c'lian, to declare such illegal employment a misdemeanor, and prescribe a :punishm<>nt for the same, and for other purposes.
The following bill was read the third time, and the evidence of pnblicatiou of notice and certificate of the Ordinary being exhibited to the HousP, was passed, as amended, by a constitutional majority; yeas 95, nays none, to-wit:
A bill to provide for compensation of the Commissioners of Roads and Revenues for the county of Mitchell, and the payment of the samP.
The following bill was read the third time and disposed of as hereinafter mentioned, to-wit:
A bill to amend section 3845 of the Revised Code of 1873, in reference to the pay of non-resident witnesses.
Passed, as amended, by a constitutional majority of yAas 93, nays 8.
Also, a bill to incorporate the Skidaway Narrows Canal, and to grant certain :privileges.therein.
. The evidAnce of publication of notice and the certificate of the Ordinary heing exhibited to the House, the bill was passed, as amended, by a constitutional majority of yeas 101, nays none.
Leaves of absence were granted Messrs. Humber, Berry, Born, Turner, ot Coweta, and Sibley.
On motion of Mr. McGourick, Honse bill No. 627 to authorize J. B. watson to erect gates on the public roads leading from Aderhold's ferry to the Campbellton road, was recommitted to the Committee on Agriculture.

1420

JOURNAL OF 'fHE HoUSE.

On motion of Mr. Mynatt, the following bill was taken from the table, to-wit:
A bill for the relief ot W m. Rich, and the bill was read a third time.
Pending the consideration the House, on motion of Mr. Kendrick, adjourned till 9 o'clock to-morrow morning.

ATLANTA, GEORGIA,

Thursday, September 11, 1879

'fhe 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 answered to their names :

Those present were Messrs.-

Adams, Anderson of Morgan, Anderson of Newton,
Anderson of Pulaski, Awtry, Barksdale,
Bell, Bennett, Berry,
Bird,
Bleckley, Born,
Branch, Brantley, Brintle,
Buchan,
Burch of Laurens,
Burch of Towns, Butler, Butt,
Cannon, Carr, Chambers, Chapman,

Greene of Madison, Hammond,
Hamilton, Hanks, Harrell, Harp, Harrison,
Hogan,
Hollis, Howell of Lowndes, Howell of Pickens,
Hudson, Hulsey,
Humber,
Hutchins, Irvine,
lvey, Janes, Johnson of Clay,
Johnson of Johnson, Jordan of Crawford,
Kendrick, Kimsey, King,

Peacock, Perkins, Phillips of Carroll,
Phillips of Cobb, Phillips of CoiJee, Phinizy, Pike, Polhill,
Pope,
Poppell, Puckett, Rankin,
Redwine, Reese, Riden,
Roach, Roberts;
Rogers, Roney, Russell,
Sheffield of Early,
Sibley, Sikes,
Simms,

THURSDAY, SEPTEMBER 11, 1879.

1421

Cook, Crawford, Cunningham, Daniel,
Davis of Baker, Davis of Houston,
Davison, DeLoach, Dickin, Dozier,
DuBose, Duggar, Dupree, Duvall, Farnell, Fitzgerald,
Fletcher, Ford, Fort, Fuller, Gammage,
Garrard, Grant, Gray,
Glover, Greene of Baldwin,

Kirby, Lamb,
Lang, Livingston, Luffman, Maund, McAfee. McConnell, McDonald, McGouirck, McLucas, :\'IcRae, ::\Ic "\Vhorter 1 ~hiler of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliverl Paine, Park, Patterson,
Paull,

Those absent were Messrs.-

Barron, Clegg, Colley, Collins, Cox of Harris, Cox of Troup, Elder, Hall, Harris,
Present 148.
Absent26.

Henderson,
Hill, Jordan of Wilkes, Mathews,
McCurry, Prescott,
Scrugg~,
Shannon,
Sharman,

Smith of Oglethorpe, Smith of Walton, Strickland of Bryan, Strickland of Clinch, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Turner of Brookq, Turner of Coweta, Walters, Walton, "\Veehunt, Welch, Westbrook, Wheeler, Wilcox, Williams of Columbia, Williams,(;, W. Willingham, Wilson, Yancey, Zellner.
Sheffield of Miller, Smith of Butt.<, Toole, Vick, Wall, Williams, F.!J. Wilmot. Wright,

Mr. Butt, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and confirmed.
Mr. Livingston moved to reconsider so much of the Journal of yesterday as relates to the action of the House on the bill to amend an act establishing a Geological Department.

1422

JoURNAL OF THE HousE.

Mr. MeWhorter moved to lay the motion to reconsider on the table.
The motion prevailed.
Mr. Sikes moved to reconsider so much of the Journal of yesterday as relatPtl to the action of the House on a bill to declare the violation of contracts in certain cases criminal.
Mr. Harrison moved to lay the motion to reconsider on the table.
On this motion, Mr. Sikes 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.-

Anderson of Newton, Anderson of Pulaski, Burch of Towns, Chambers, Cook, Daniel, Farnell, Fitzgerald, Fletcher, Grant, . Green of Baldwm,

Greene of Madison, Hanks, Harrell. Harrison,
Irvine, lvey, Lang, Luffman, McAfee, Miller of Houston,

Miller of Liherty, Mynatt, Nisbet, Paull, Phinizy,
Rogers, Strother, Tatum, \-\'alton, Zellner.

Those voting in the negative are Messrs.-

Anderson of Morgan, Awtry, Barksdale, Bell, Bennett, Berry, Bird, Bleckley, Born, Branch, Brantley, Brintle, Burch of Laurens, Butt, Cannon, Carr, Chapman, Crawford, Cunningham,

Harp, Hogan, Howell of Lowndes, Howell of Pickens, Hur:ison, Hulsey,
Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lamb, Livingston, Maund, McConnell, McDonald,

Pope, Poppell, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roberts, Roney, Russell, Sheffield of Early, Sibley, Sikes, Simms, Smith of Oglethorpe, Smith of Walton, Strickland of Bryan, Strickland of Clinch,

THURSDAY, SEPTEJ\TBRR 11, 1879.

1423

Davis of Baker,
Davison,~
DeLoach, Dozier,
Duggar, Dupree, Duvall, Ford, Fort, Fuller, Gammage, Garrard, Gray, Glover, Hamilton,

1\icGourick, McLucas, McRae, Mc\Vhorter, Milner, Mitchell, Norhem Oliv-er, '
Park, Patterson, Peacock, Peckins, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee,

Th0se not voting are Messrs.-

Adams, Barron, Buchan, Butler,
Clegg, Colley, Collins, Cox of Troup, Cox of H :uris, Davis of Houston, Dickin, DuBose, Elder, Hall,

Hammond, Harris, Henderson, Hill, Hollis, Humber, Hutchins, Jordan of \Vilkes, Mathews, McCurry, Paine, Pike, Polhi!l, Prescott,

Yeas 31. Nays 101. Not voting 42.

Taliaferro, Tarver, Tate, Thomas, Turner of Coweta, \Veehunt, Welch, \Vheeler, \Vilcox, \Villi.tms of Columbia, Williams, C. W. \Villingham, \Vilson, Yancey.
Scruggs, Shannon, Sharman, Sheffield of Miller, Smithof Butts, Toole, Turner of Brooks, Vick,
\V~ll,
\Valters, \V esthrook,
Williams, F. J
\Vilmot, Wright.

So the motion to lay npon the table was lost.
The motion to reconsider prevailed.
On motion of Mr. King, the bill was recommitted to the Committee on Agriculture.
Mr. Hanks moved to reconsider so much of the J onrnal of yesterday as relates to the action of the Honse on a bill to amend section 3840 of the Code of 1873 in reference to the pay of non-resident witnesses for the State.
The motion prevailed, and the bill was reconsidered.
Mr. Miller, of Houston, .chairman of the Special

14~4

JoURNAL OF THE HOUdE.

Committee to investigate the Treasury Department of the State submitted the following report:
Mr. Speaker:
The Special Commit.tee of nine, appointed under a resolution of the House, with instructions "to investigate thoroughly and completely the affairs and operations of the Treasury Department of this State," beg leave to report:
That they have proceeded to the pPrformance of the duties assigned them, and have instituted a thorough examination into the operations of the Tn asury Department. Thie examination they are still prosecuting, but have not yet completed, and they beg to be allowed to submit, at a later period, their report upon the general workings and condition of the Treasury.
The committee have found, however, at the very threshold of their investigation, such conclusive evidence of malfeasance in office by J. \V. Renfroe, Treasurer of this State, that they feel it their imperative duty to lay the same before the House without delay, in this special report.
The testimony taken by the committee discloses the following facts :
In January, 1876, J. \V. Renfroe was, by the General Assembly of this State, elected Treasurer to fill the unexpired term of John Jones, who had been removed. In January, 1877, he was reelected Treasurer by the General Assembly for the full term of four years. Among the sureties who signed his official bond as Treasurer, in 1876, were V. R. Tommey, B. J. Wilson, S. B. Hoyt, R. H. Richards anil J. W. Murphy. These same gentlemen, with the exception of S. B. Hoyt and R. H. Richards, again signed the Treasurer's bond after his re-election in 1877. Under the terms of the act of 1876 allowing the sureties on the Treasurer's bond to limit their liability, V. R. 'rom-

THURSDAY, :::jEPTEl\fBER 11, 1879.

1425

meybound himself on the bond of 1876 for $30,00G) B. J. wilson for $30,000, S. B. Hoyt for $30,000, R. H. Richards for $30,000, and J. "\V. Murphy for $5,000. On the bond of 1877, V. R. Tommey bound himself for $60,000, J. B. 'Vilson for $10,000, and J. "\V. Murphy for $30,000.
At the date of the exf'cution of the bond of 1876, Mr. Tommey was PresidBnt, and Mr. \Vilson a director of the Georgia Banking and Trust Company, of Atlanta, both also being large stockholders therein. Mr. Hoyt was President and Mr. Richards was cashier of the Atlanta Savings Bank, and together they owned about one-half of the entire capital stock thereof. These four sureties signed the bond of 1876, upon the condition, assented to by the Treasurer, that they or certain of them should select particular banks m which the Treasurer should deposit the public money, or at least a large portion thereof. In pursuance of this agreement, the Georgia Banking and Trust Company, in which the Treasurer was already depositing, and the Atlanta Savings Bank were selected by them, and the Treasurer proceeded to deposit therein large amounts of the State funds. For the use of these State deposits the Georgia Banking and Trust Company paid on the average monthly balances a commission or interest of five per cent. per annum, the payments being made monthly to Mr. B. J. "\Vilson, who paid over to the Treasurer two per cent. thereof, and divided the remainder equally betw...en himself and V. R. Tommey. This continued until the early part of 1877, when Mr. Wilson withdrew from the arrangements, after which said bank paid Mr. Tommey, for the year 1877, the fixed sum of $1,500 for the use of the ::;tate's deposits, and for the year 1878 the same per centage thereon as for 1876, these payments being made to Mr. Tommey, who paid over to the Treasurer one-third the entire

1426

JoURNAL OF THE HOUSE.

amount, except the last payment for 1878, of which the Treasurer received no part.
For a like use of the public funds deposited tht-'l'ein, the Atlanta Savings Bank, during the year 1876, paid to B. J. vVilson two per cr:mt. per annum on the aver age monthly balances as commissions or interest thereon, and this entire amount so received by l\:fr. \Vilson was by him paid over to the Treasurer. This continued until the early part of 1877, when Mr. \Vilson withdrew from the arrangement, and a new agreement was made by the bank with J. \V. Murphy. As has been stated Mr. :Murphy signed the Trt>asurer's bond in 1876, binding himself for $5,000, and again in 1877, binding himself for 830,000. Jn February, 1876, he was appointed by the Treasurer, Clerk in the Treasury, and that position he has hPld from that date continuously up to the present time. In the early part of 1877 Mr. :Murphy applied to the Treasurer to be allowed to make with certain banks in Atlanta an arrangement similar to that made by the otlwr sureties with the banks already named. 'l'o this the Treasurer assented, and with his permision Mr. l\furphy contracted with the Citizens' Bank, the Bank of the State of Georgia, and the Atlanta Savings Bank that thPy should pay him, l\furphy, five per cent. per annum on the average monthly balances of the public deposits, 1\fr. Murphy agreeing on his part that the 'frf'asnrf:'r shouM deposit large sums of the public money in said banks. These payments as commissions or interest for the use of the State funds were all made to l\:fr. :Murphy, and onehalf of the entire amount received was by him paid over to the Treasurer. The testimony fnrther discloses that about the first wef:'k in Novemb~:>r, 1878, by direction of the Treastlrer, thfl payments from all the hanks on this account were discontinued. By an examination of the evidence it will be seen that under the ar-

THURFlDAY, SEPTEMBER 11, 1879.

1427

rangements above detailed the four banks named have paid to the Treasurer and three of his sureties the large sum of $22,198.65 for the use of the public money de-posited with them. Of this amount the Treasurer has received for his share the sum of $10,358.81, the remainder having been received by the three sureties, as follows: Mr. Wilson receiving $651.41 ; Mr. Tommey receiving $4,582.11, and 1\fr. Murphy receiving $6,607.32. Ofthe amount received by the Treasurer $5,058.19 was paid to him prior to December 5, 1877, and $5,300.62 was paid subsequently to that date. This money was received by the Treasurer for his individual benefit and converted to his own use with the full knowledge on.his -part that it was paid by these banks for the use of the funds of the State deposited with them by him. 'rhe Treasurer, however, claims that in receiving this money he has bot yiolah>d the law or been unfaithful to his official duty, for the reason that it was stipulated and agreed between himself and his sureties, and so understood by the hanks, that no particular sums were to be deposited, no particular time specified for the deposits to remain, and the entire amount in each bank to be subject to his check at any and all times. The testimony shows this to have been the understanding and agreement, but the committee a1e of the
opinion that in thus receiving this money the Treasurer has been guilty of a plain, direct and palpable violation of the law and breach of his official duty. Prior to the adoption of the present Constitution the law controlling this question is contained in .paragraph 11, section 12, of the act of the General Assembly, approved February 25, 1876, which is in these words: "The Treasurer shall not, under any circu:nstances, use himsel or allow others to use the funds of the State in his hands ; and for every violation of this section he is liable to the State for the sum of $500 as a penalty,

1428

JOURNAL OF THE HousE

or a forfeiture of his salary, if such forfeiture will pay the penalty incurred." While, therefore, it is true that the stipulations already recited were madP betwer.;n the Treasurer, the sureties and tbe b:mks, and were intended to meet the letter of this law, yet the .contract between the sureties and the banks for the payment to the sureties of interest on the State deposits, and the receiving by the Treasurer for his portion of those payments, is clearly and unquestionably a violotion of the law in its spirit and substance.
Again, more than one-half the entire amount received by the Treasurer from this source was paid to him subsequently to thf' 5th of December, 1877, on which day the present Constitution was ratified and adopted by the people and bPcame the organic law of this State. And whatever justification or excuse may be set up by the Treasurer under the language of the Statute just cited, be certainly could not mistake or misconstrue the plain, positive and comprehensive provisions of the Constitution upon this subject. Paragraph 5, section 2, article 5 of that instrument provides that, "The Treasurer shall not be allowed, directly or indirectly, to receive any fee, interest or reward, from any person, bank or corporation for the deposit or use in any manner, of the public funds. And the General Assembly shall enforce this provision by suitable penalties."
Again, paragraph 1, section 9, article 7, provides that, "The receiving directly or indirectly by any officer of the State or county, or member or officer of the General .Assembly of any interest, profits or perquisites arising from the use or loan of public funds in his hands, or moneys to be raised through his agency for State or county purposes, shall be deemed a felony and punishable as may be prescribed by law, a part of which punishment shall be a disqualification from holding office." The mere reading of these two pro-

'l'IIUHSDAY, S.I!;PTEMBEH. 11, 1879.

1429

visions of our Supreme Law is sufficient. They need no legislation to make them operative in their prohibitory :power. The Treasurer has unquestionably done what they clearly forbid, and in thus violating, delibe. rately, the plain and positive prohibition of the Constitution, he has, in the opinion of the committee, been guilty of a high crime and misdemeanor.
The testimony further shows that the Treasurer, for signing officially the coupons on the bonds of the Northeastern Railroad Company indorsed by the State,
charged sain railroad company therPfor It cents per
coupon, and did on the 2d day of January, 1878, receive from the officers of the company $247 in payment of that claim, which sum of money he converted to his O\vn use and benefit. The committee know of no law which justifies this charge on the part of the Treasurer, and if there be law, custom or precedent on which the charge can be sustained, the Constitution again interposes and prohibits the Treasurer from receiving this money for his own use. Such is the plain language of paragraph 7, section 2, article 5, which is in the following words: "The Secretary of State, the ComptrollerGeneral, and the Treasurer shall not be allowed any f~e, perquisite or compensation, other than their salal'ies, as prescribed by law, except their necessary expenses wheu absent from the seat of government on business for the State." It is also provided by section 11 of the Act of 1876, that the Treasurer shall receive no perquisite for any official act but that the fees prescribed by law shall be by him collected and paid into the State Treasury. The committee are therefore of the opinion that in this transaction also the Treasurer has clearly violated the law and the plain provision of the Constitution.
Again, it appears from the testimony, that sometime in the early part of the present year the Treasurer,

1430

JouRNAL oF THE HousE.

while in the city of Augusta, applied to General E. P. Alexander, President 0f the Georgia Railroad and Banking Company, for a position under said company for one of his (the Treasurer's) personal friends, proposing in return therefor to deposit in the bank of said company large amounts of the public money, the sum to vary from fifty thousand to one hundred tbousand dollars. The evidence shows that this negotiation was, for some reason, not consummated, but the committee are of the opinion that the Treasurer, in thus attempting to use his official power and position for the benefit and advancement of his personal friend, has been guilty of a gross breach of his official duty and been untrue to the high trust reposed in him
The committee, therefore, recommend that the said J. "VV. Renfroe, Treasurer of Georgia, be dealt with ac cording to the Constitution and laws of this State for malfeasances in office, above recited and set forth.
To that end they submit here .vith the testimony taken by them, and which has already been printed anrllaid before the House, together with the exhibits thereto attached, and also a rescript of the proceedings of the committee. And they further submit to the House the following resolutions, which they recommend be adopted:
1. ResolDed, That J. ,V. Renfroe, Treasurer of the State of Georgia, be impeached of high crimes and misdemeanors in office.
2. Resolved, '!'hat the accompanying testimony, exhibits and rescript, together with this report, be referred to the Committee on the Judiciary, with instructions to prepare and report, without unnecessary de lay, suitable articles of impeachment of said J. \V. Renfroe, Treasurer.
3. Resolved, That a committee of seven of this Honse be appointl.-'d and instructed to proceed forthwith to the

THURSDAY, SEPTEl\IBER 11, 1879.

1431

bar of the Senate, and there impeach J. vV. Renfroe,
Treasurer, in the name of the House of Representatives and of all the people of Georgia, of high crimes and misdemeanors in offiee, and to inform that body that formal articles of impeachment will, in dne time, be presented, and to rtqnest the Senate to take such order in the iwemises as they may deem appropriab.
Respectfully submitted. A. L. MILLER, RE:ESE CnA "TORD, B. T. Bou,Is, RonT. A. NisBET, GEo. R. SIBLEY,
vV. c. SHRB'FIELu,
A. J. KING, J. F. AWTRY,

The following minority report was submitted and read, to wit:
To the Honse of Representatives :
kiT. Speaker:
Sincerely rt'gretting that I cannot, under my convictions of puplic <luty, concur in the majority report of the Committee on the Treasury, I feel compelled, in deference to my views of the true interests of the State, and to my sense of justice to a public officer, to submit the following minority report:
The committee have submitted the Treasury department to the closest ::;crntiny, and have ascertained that the condition of the accounts, as shown by the records and books, is satisfactory to the most exacting. The method observed by that officer is calculated to secure correctness, and is at the same time simple and easily understood. The funds of the State have either been expended upon proper vouchers, or have been at all times deposited in banks in conformity to law.

1432

JouRNAL oF THE HousE.

It has been demonstrated that the Treasurer has spared no efforts at all times, and upon all occasions, to protect the public interests confided to him. There are two matters, however, which I deem proper to bring to the attention of the House.
On the day of the assembling of the committee, we rect:>ived from the Treasurer a communication, requesting the closest scrutiny of his department and of his official conduct, whether the investigations be based 'on rumor or otherwise." After we had thoroughly examined his office, his books, his bank accounts, etc., and found everything in admirable condition, we summoned him before us, and found him ready and prr mpt to answer any and all inquiries. Amongst other matters he stated that at the request of some of the securities on his official bond, he had deposited the public money in certain banks. That these banks were selected by him, with the approval of the Governor, un. der the requirements of the law. That they were designated by his securities on account of their recognized solvency, and because they would pay to them commissions of from two to five per cent. on the monthly balances of the deposits. That these commissions were received by the securities referred to, and they paid a portion thereof, varying from one-third to one-halt', to him. That he justified his course in this particular under paragraph 8: section 92 of the Code, also under paragraph 11, section 18 of the Act of 1876, which is but a re-enactment of the section of the Code alluded to; also under the resolution of December 8, 1'371, which is as follows: -

"WHEREAS, it has not been customary to require the State Treasurer to pay into the Treasury interest on

the deposits of the State fn nds."



" Be it resolved, That the Treasurer of the State shall

not be held liable for any such interest ; and be it

THURFIDAY, SEPTEMBER 11, 1879.

143 3

further resolved, etc.," directing the dismissal of certain suits for such interest against the then Treasurer.
The statement of the Treasurer, after searching in every quarter in which light might be bad, was not materially affected.
I would not be understood as indorsing this eonrse of conduct, but on the contrary hPlifwe it to be deserving of censure. It will be observed that section 92 of the Code, re-enacted in the Act of 1876, declares "that the Treasurer shall not, under any circumstances, use himself, or allow others to use, the funds of the State in his hands." In handling such large sums of money as annually pass through the Treasury of Georgia, under the very necessities of the case, large deposits must be made in banks. The law itself, as found in the Code, and the .Act of 1876, contemplates this course. The evidence does not disclose that the Treasurer, in reference to the deposits, did more than this. He deposited in certain banks, with the approval of the Governor, the funds in his hands, precisely as any business man or corporation would deposit.
The law, in providing for such deposits, contemplates necessarily that the banks thus -patronized would use the money precisely as they use the funds of other depositors. Nothing more, nothing less. \Vere such not the case we would soon have no banks in which tt> deposit. 'rhe statement of the Treasurer, together with the evidence taken upon this point, fails to indicate or even to suggest that he placed the public funds in any of these institutions upon any other terms than those which impliedly attach to all deposits.
The fact that he received a commission or percentage on the monthly balances, does not of itself add to the character of the deposits any additional attribute of using himself, or permitting others to use, the public funds. If he is in tb~ latter. case within the prohibi-
91

1434

JOURNAL OF THE HOUSE.

tion of the statute, he is equally so though no commission or percentage be paid him. It would seem, to violate t'te law as it then stood, there must have been some contract with the banks in reference to the time the money was to remain in their custody, or as to the amount to be deposited, or as to some other feature which destroyed the identity cf the transaction with the ordinary deposit. That a commission or per centage was paid Ipso facto did not vary the terms of the deposit, and more emphatically is this so when the banks expressly agreed with the securities that no such result would follow, but that such deposits were subject to the check of the Treasurer at any and all time.
When we add to this reasoning the resolution of 1871, passed by the first Democratic Legislature which met under the Constitution of 1868, it, is to say the least, a matter of grave doubt whether any law was violated up to the adoption of the Constitution of 1877. That resolution says expressly that the 'freasurer shall not be held liable for any interest on ueposits. It is a legislative construction of the section of the Code above alluded te. It is true that paragraph !5, section 2. article 5 of the Constitution of lt:!77, provides that "The Treasurer shall not be allowed, directly or indirectly, to receive any fee, interest or reward from any person for the deposit, etc., of public funds, bnt it will be observed that it is also provided that the General Assembly shall enforce this provision by suitable penalties." The present General Assembly is proceeding by an appropriate act to enforce this provision, but the Treasurer has long since ceased the receipt of any commission. The evidence diRclosed that he promptly discontinued the receipt of such moneys so soon as his attention was called to the Constitutional provision, and long in advance of any investigation vf his depart ment. The last commission received by him was about November 1, 1878.

THURSDAY, SEPTEl\IBER 11, 1879.

1481)

It is impossible to make applicable to the moneys thus deposited paragraph 10, section 18 of the act of 1876, for none of it bad been set apart for the purpose of education or any other purpose not required for immediate use. No part of such funds had been set apart for any purpose. They eonstituted the general balance in the Treasury fot immediate use whenever called for by the 1)roper warrants or vouchers in the ordinary course of the State's disbursements.
The second matter to which I desire to call attention is the payment to the Treasurer by 1\fr. Childs, the president of the Northeastern Railroad, of S247 for extra work done in indorsing the bonds and coupons of said road. This is in substantially the same condition as the commissions on the deposits. He received
1i cents for each bond and coupon signed. Thi~
amount had always been allowed by the State to preceding treasurers, the only difference being that they collected that amount from the State, whilst the pres ent Treasurer collected it from the railroad. It appears that the railroad authorities pressed him to do this work with the utmost speed, and hence he was compelled to labor late at night and ea1~ly in the morning, out of office hours. The State has lost nothing, and if the transaction be objectionable, it can not happen again. There is nut a particle of evidence that the Treasurer forced its payment through the power o1 his office.
I desire to call attention to a few special instances in which the Treasurer has shown great and constant fidelity to the interests of the State, and his ability in the management of her finances.
1. In the change-from the Fourth National to the National Park Bank of New York, as the fiscal agent of the State, by which an average of :ii2,000 per annum is saved in commissions, etc., the latter institution con-

1436

JouRNAL OF THE HousE.

tracting to transact the business of this State for no moneyed consideration whatP.ver.
2. In the gradual reduction of the amonnt of, and rates of interest on, temporary loans, until this unhealthy branch of the State's finances has been done away with entirely, and the expenditures of the government so managed as totl be covered by the regular annual income from taxation.
3. In the negotiation of )3542,000 of bonds under the Act of 1876, to take up matured coupons on the Macon and Brunswick Railroad bonds, by which a premium of S2,300 was realized to the State, and 1:1ll of this at an expense of 8591.15.
4. In the negotiation of the $2,2!18,000 of bonds, under Act of 1877, to take up the .:\'lacon and Bmnswiek Railroad bonds, at par, at an expense of 8665.4.>.
5. In the determination, so successfully executed, to pay no com missions for the sale of State bonds.
6. In the economical management of th~~ q nestion of exchange on New York, making the banks sell to him upon nearly ewry occasion at par.
The excellent management of the Treasurer, in the negotiation of bonds, can be seen at a glance, by comparing it with the expense of disposing of the 81,200,000 of the Nutting bonds, which cost the State, in commissions, etc., $8,000. The present Treasurer negotiate-d 82,840,000, at an expense to the State of $1,256.65.
I am well aware of the fact that public sentiment is against the reception of any interest, fees or perquisites by officers beyond their salaries, and this Legislature is taking such measures as will prevent such action in the future. But, whatever sums the Treasurer lws received, came into his hands before K ovember, 1878. It is manifest that the State suffered no injury. Her credit is perfect; her securities rank with the best in every market ; her Tr~>asury is in easy condition; her taxes

TnuRSDAY, SEPTE:liBER 11, 1879.

1437

are lo''Ter; and no effort has been spared by the Treasurer to bring about these advantageous results.
'Vhat urgent necessity requires the interposition of the great constitutional remedy of impeachment 1 It does not appear that the intt>rests of the State are in pressing danger. 'rhe propriety of the conduct of the Treasurer will necessarily be weighed by the people at a general f:'lection, to be held at no distant day. If he has violated law, are not the ordinary tribunals competent to remove him from office, without invoking the enormously expensive proceeding by impeachment For myself, I am confident that the people will never justify such a proceeding, though they may not, in all respects, approve his conduct.
The Treasury Department, I will ventnrP. to state, has never been in better condition since Georgia passed from colonial existence. To the skill, care, and management of Mr. Renfroe this result is largely attributable. l\fuch labor has been performed by him without charge to the State, for which former Treasurers have received compensation. If he has accepted moneys which should have gone into the State Treasury, he can readily be made to pay them over. But, to prosecute him before the Senate, in the name of "the House of Representatives and all of the people of Georgia,'' I am convinced would be unjust to him, as well as contrary to sound public policy.
Rt:~g.retting that I should differ with the majority of the committee, yet with an abiding faith in the correctness of my views, I submit them, as embodied in this minority report, for such action as the House deems proper.
Respectfully submitted. J. E. REDWINE.
Mr. Miller, of Houston, moved the adoption of the resolution reported by the committee.

1438

JOURNAL OJr THE HOUSE.

Mr. Livingston moved to postpone the further consideration of the report and resolution until Tuesday next, immediately after the reading of the Journal.
On the motion to postpone, Mr. Bird called for the previous question.
The call was sustained, and the main question ordered.
Mr. Nisbet called for the yeas and nays on the motion to postpone.
The call was sustained, and on calling the roll the vote was as follows :

Those voting in the affirmative are Messrs.-

Anderson of )!organ, Anderson of Newton, Anderson of Pulaski,
Berry, Bleckley,
Born, Branch, Brantley, Burch of Towns,
Butt,
Carr, Chapman, Cunningham, Davi~ of Baker,
Dozier, DuBose,
Duggar, Duvall, Farnell,
Fletcher, Ford, Gammage,
Grant, Gray,
Greene of Baldwin, Hammond,

Hamilton. Hanks,
Harrell, Howell of Pickens, Hudson,
Hulsey, Irvine,
Ivey, Janes, Johnson of Clay, Johnson of J obn.~on, Kirby,
Lamb, Lang, LiYingston, Luffman,
l\laund, :\IcDonald,
l\lcGouirck, McRae,
l\Iiller of Liberty, :\Iitchell, Northern, Paine,
Patterson,
Peacock,

Phillips of Coffee, Pike, Pol hill, Pope, Poppell, Puckett, Rankin, Redwine Riden, Roach, Rogers, Roney,
Rns..ell, Smith of \Valton, Strickland of Clinch, Strother, Taliaferro. Tarver, Tatum, \Val ton, \Veehunt, Westbrook, \Vheeler, Williams of Columbia, Williams, C. W. Wilson.

Those voting in the negative are Messrs.-

Awtry,
Bell, Bennett, Bird, Brintle,
Burch of Laurens, Cannon, Chambers,

Greene of 1\Ia.dison, Harrison, Hogan,
Howell of Lowndes, .Jordan of Crawford, Kendrick, Kimsey, King,

Phillips of Carroll,

Phinizy

Reese,

Roberts,

Sheffield of Earlv,

Sibley,



Sikes,

Simme,

THURSDAY, SEPTE:IIBER 11, 1879.

1439

Cook, Crawford, Daniel, Davison, DeLoach
Dupree, Fitzgerald, Fort, Fuller, Garrard, Glover,

"l\fcAfee, McConnell, l>IcLncas, McWhorter, l\Iiller of Houston, Milner, Mynatt, Nisbet, Oliver, Park, Paull,

Those not voting are Messrs.-

Adams, Barksdale, Barron, Buchan, Butler, Clegg, Colley, Collins, Cox of Harris, Cox of Troup, Davis of Houston, Dickin, Elder,

Hall, Harp, Harris Henderson, Hill, Hollis, Humber, Hutchins, Jordan of Wilkes,
Mathews, McCurry, Perkins, Phillips of Cobb,

Yeas, 78. Nays, 57. Not voting 39.

Smith of Oglethorpe, Strickland of Bryan, Tate, Thomas, Turner of Coweta, 'Valters, Welch, "Wilcox, Willingham, Yancey, Zellner.
Prescott, Scruggs, Shannon' Sharman Sheffield of l\fi ller, Smith of Butts, Toole, Turner of Brooks, Vick, Wall, Williams, F. J. wilmot, Wright.

So the further consideration of the report and resolution submitted by the committee was postponed until Tuesday next, the 16th instant, immediately after the reading of the Journal.
On motion of Mr. King, 500 copies of the majority and minority report were ordered printed for the use of the House.
Mr. Mynatt, chairman of the Committee on Corporations, submitted the following report :
Mr. Speaker:
The Committee on Corporations have bad under consideration the following local bill, which they report had been posted and advertised prior to the introduction thereof, as required by law, to-wit:

1440

J 0 L R.N AJ, OF THE .lioUSE.

A bill to be entitled an act to incorporate the American Guarantee Association, which they recommend do pass, by substitute.
The committee have also had under consideration a local bill to be entitled an act to repeal an act entitled an act to incorporate the town of St. Mary's, and the several acts amendatory to the same, approved March 4, 187.5, also a subsequent act amendatory thereof, and for other purposes, approved February 2B, 1877, which they recommend do not pass.
The committee have also had under consideration a
local bill to be entitled an act to inc Jrporate the ~u
tual Insurance Company ot Augusta, which they report has been advertised and posted prior to the introduction thereof, as required by statute, which they recommend do pass.
P. L. MY~ATT, Chairman.

The following message was received from his Excellency the Governor, through 1ft". Avery, his Secretary, to-wit:
fffr. Speaker :
His Excellency, the Governor, has approved and signed the following acts, to-wit:
An act to provide one Commissioner of Roads and Revenue in the county of Forsyth, and to prescribe his powers and duties.
Also, an act to make it a felony, and punishable as prescribed therein, for any official or clerk or employee of any official to infiuf:'nce or attempt to influence the Governor, or the head of any other of the Departments of this State.
Also, an act to amencl section 4373 of the Revised Code of Georgia of 1873, so as to make the wife a competent witness in cases of abandonment.
Also, an act to authorize the county of Dougherty by

1'HURSDAY, SEPTEMBER 11, 1879.

144]

its County Commissioners to issne bonds of said county for thirty thousand dollars, and to provide for the as sessment and collection of an annual tax to pay the principal and interest of the same in compliance with article 7, section 7 of the Constitution, for the purchasing the bridge across Flint River, at Albany, for the use and benefit of said county.
Also, an act to repeal an act entitled an act to make and constitute the Sheriff of Cobb county etc-officio TaxCollector of said county, and for other purposes, approved February 28, 1876.
Also, an act to prohibit the Ordinarit~s, County Commissioners of Roads and Revenues, Tax-Collectors, Sheriffs, Clerks, Treasurers, School Commissioners, or other public officers, from buying up at a discount, or in any manner speculating in county orders, jury scripts, etc., and to prescribe a penalty for a violation of this act.
Also, an act to authorize the Board of Commissioners of Decatur county to issue bonds for the purpose of building a bridge over Flint River, near Bainbridge, and for other purposes.
Also, an act allowing persons at interest to be made parties plaintiff in cases wilen a chose in action in suit is assigned as any part of a twelve months support, in the manner that representatives of estates are now made parties.
The order of business was reading bills a third time. The first bill in order, and which was the unfinished business of yesterday, was a bill for the relief of vVm. Rich from a judgment obtained against him in favor of the State. The bill having been read a third time, the report of the committee thereon, which was adverse to the passage of the bill, was disagreed to. The bill was lost.

1442

JouRNAL OF TR~ HousE.

Mr. Fort, chairman pro tem. 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, towit:
A bill to be entitled an act to exempt locomotive engineers employed in running locomotive engines upon the railroads in this State from liability to serve as ju rors in any of the courts of this State.
Also, a bill to be entitled an act to provide for the in corporation of colleges, libraries, and other literary, charitable and social organization.
Also, a bill to be entitled an act to amend an act entitled an act to establish a City Court in the city of Atlanta, approved February 25, 1874.
Also, a bill to be entitled an act to provic1e for the election of Judge of the County Court of Putnam county.
Also, a bill to be entitled an act to amend an act incorporating the town of Oxford, in Newton county approved December 23, 1839.
The committee find that the proper notices required by law have been given of intention to apply for the passage of the three local bills above last mentioned.
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 provide that every Judge of the Supreme, Superior, City or County Court who is the owner of any share or stock in any railroad, or who is an officer or agent of such company, shall be disqualified to preside in the trial of any cause by or against any railroai1 company.
The committee have also had under consideration the

THURSDAY, ::;EPTE~IBER 11, 1879.

1443

following bills, which they recommend do pass, by substitute, to- wit :
A bill to be entitled an act to prescribe the manner in which court-houses, jails, bridges, and other public works, shall be erected, l-Juilt or repaired, and for other purposes.
Also, a bill to be entitled an act to alter and amend the road laws, so far as they relate to the county of Effingham.
The committee find that the proper notices required by law have not been given of attention to apply for the passage of the last named bill.
'l'he committee have also had under consideration the following bills, which they report back with the recommendation that the introducers be allowed to withdraw them, to-wit:
A bill to be entitled an act to change the time of holding the Superior Court in the county of Coffee, in this
Stat~-
Also, a bill to be entitled an act to change so much of paragraph 1, section 670 of the Code of Georgia, as relates to the discretions of Ordinaries in making contracts.
The committee have also han under consideration the following bill, which they recommend do not pass, to-wit:
A bill to be entitled an act to have a survey made of certain lands in the 13th District, of Clinch county.
ALLEN FoRT, Chairman pro tem.

Mr. MevVhorter offered the following resolution, which was agreed to, to-wit:
A resolution-
That after to-day the evening sessions shall be devoted to House local hills third reading, Senate bills first and second reading, and in the order that the

1444

JOURNAL OF THE .ElOUSE.

Speaker of the Honse may direct as to the class of bills.
Leave of absence was granted to Mr. Peacock, of vVashington.
The following bill was read the third tint~>, to-wit: A bill to be entitled an act to incorporade the SavannahTrnst and Safe Deposit Company. Pending the consideration of the bill, Mr. Burch, of Laurens, moved that the House adjourn until9 o'clock to-morrow morning. The motion was lost. On motion of Mr. Fort, the Honse adjourned till 3:30 o'clock this afternoon.

3:30 0' CLOCK P. llf.
The House reassembled, and was called to order by the Speaker.
The order of business was reading House bills, favorably reported upon, a second time.
The following bills were read the second time, towit:
A bill to prescribe the manner in which court-houses, jails, bridges and other public works shalllJe erected, built or repaired and for orthe purposes therein named.
Also, a bill to provide for the election of the Judge of the County Court of Putnam county by the legal voters of said county.
Also a bill to amend the road laws so far as they relate to the county of Effingham.
Also, a bill to require all land owners to have their land surveyed every ten years and for other purposes.

TnuHSDAY, SJPr.K:\fBER 11, 1879.

1445

Also, a bill to amend the act incorporating the town of Oxforil, and the acts amendatory thereof, so as to provide for working the roads and streets of said town, and for other purposes.
Also, a bill to divert the unexpended part of the Ohoopfe River Fund to the support of the common schools of said county.
Also, a bill to incorporate the Mutual Insurance Company of the city of Augusta.
Also, a bill to exempt locomotive engineers, employed. in running locomotives on the railroads in this State, from jury duty.
Also, a bill to amPnd an act entitled an act to amend an act to establitih a City Court for the city of Atlanta, in reference to the salary of the Judge of said court.
Also, a bill to incorporate the American Guarantee Association.
Also, a bill to provide for the incorporation of any college, literary or library associations, charitable or social organizations, which have no capital stock, and which are not organized for individual pecuniary gain.
Also, a bill to provide for the survival of actions of tort to and against legal representatives of deceased persons.
Also, a bill to requirP County Commissioners of the respective counties of the State to give bond for the faithful performance of their duty.
Also, a bill to provide a mode of proof of service when made by publication.
Also, a bill to amend section 611 of the Code of 1873, in reference to road duty, and the amount of work required of road hands.
Abo, a bill to regulate the traffic in oats, corn, cotton, and other farm produce, outside of incorporated towns, in 'rhomas county.
Also, a bill to authorize and require the Governor to

1446

JouRNAL OF THE HousE.

furnish to counties whose Court-Houses have been burned, certain copies of the Supreme Court Reports of this State, and Standard \Veights and Measures, where the same have been destroyed.
Also, a bill to amend section 3540 of the Code of 1873.
Also, a bill to require section bosses and oversPers of railroad companies to remove stock killed by the running of engines, cars, or other railroad machinery, to a point at least two hundred yards from public roads or dwelling houses.
Also, a bill for the protection of game and birds in the county of Bibb, and for other purposes.
Also, a bill to change the time of holding the Superior Court in the county of Henry.
Alo, a bill to prescribe the method of granting license to sell spirituous liq11ors in the county of Tatnail, and to increase the fee for the same to 82,500.
Also, a bill to prevent depredations of hogs in the county of Morgan, and to prescribe a penalty for the same.
Also, a bill to appropriate money to defray the expenses of a survey of the State line between Georgia and North Carolina, so far as the same is the line between Rabun county, Georgia, and .Macon county, North Uarolina.
Also, a bill to amend section 655 of the Code, adding a proviso allowing Commissioners ot Public Roads to resign after two years' consecutive service.
Also, a bill to grant right-of-way to the Cincinnati Southern Railway where its route adjoins that uf the vYestern and Atlantic Railroad.
Also, a bill to appropriate money to pay the salary of the physician appointed by the Coroner undt>r an <tct approved February 25, 1876, to regulate the leasing out of penitentiary convicts.

FRIDAY, SEPTEllfBER 12, 1879.

1447

Also, a bill to enlarge the facilities for education by creating a Normal School Department of the University of Georgia.
Also, a bill to amend an act to prevent bnrning of gin-houses by offering a reward for the apprehension of incendiaries.
Also, a bill to amend section 191 of the Revised Code, which provides for the pay of members of the Legislatnre who die during the session, or afterwards, without having received the whole of their pay.
Also, a bill to prescribe the compensation of Secre tary of the Senate and Clerk of the House of Representatives and their assistants.
Also, a bill to give the consent of, the State to the condemnation of certain property of the State on Spring street, in the city of Atlanta.
Leave of absence was granted to Mr. C. W. Williams. On motion of Mr. Butt, the Honse adjouvned to 9 o'clock to-morrow morning.

ATLANTA, GEORGIA,

Friday, September 12, 1879.

The Honse 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 an-
twered to their names:

Those present were Messrs.-

Adams, Ander,;on of Morgan, Anderson of ?Iewton, Anderson of Pulaski, Awtry, Barksdale, Bell, Bennett,

Glover, Greene of Baldwin, Greene of Madison, I-Iammond, Hamilton, Hanke, Harrell, Harp,

Perkins, Phillips of Carroll, Phillips of Cobb, Phillips of Cofiee, Phinizy, ' Pike, Pol hill,
Pope,

1448

JouRNAL OF 'l'HE HOUSE.

Berry, Bird, Bleckley,
Born, Branch, Brantley,
Brintle, Burch of Laurens,
Burch of Towns, Butt, Cannon, Carr,
Chambers, Chapman,
Colley,
Cook, Cox of Troup, Crawford, Cunningham, Daniel, Davis of Baker,
Davis of Houston, Davison,
DeLoach, Dickin,
Dozier,
DuBo5e, Duggar, Dupree, Duvall,
Farnell, Fitzgerald, Fletcher,
Ford, Fort, Fuller,
Gammage, Garrard, Grant,
Gray,

Harrison, Hogan, Ho\vell of Lowndes, Howell of Pickens,
Hudson, Hulsev, Hutchins,
Irvine,
Ivey, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford,
Kendrick, Kimsey, King,
Kirby, Lamb,
Lang, Livingston, Luffman,
Maund, 1\IcAfee.
McConnell, McDonald,
1\IcGouirck, 1\IcLucas,
l\lcRae, McWhorter
Miller of Houston, Miller of Liberty,
!Iilner, .Mitchell, Mynatt, Nisbet,
Northern, Oliver Paine,
Park,
Patterson,

Those absent were Messrs.-

Barron, Buchan, Butler, Clegg, Collins, <.:ox of Harris, Elder, Hall, Harris, Henderson,
Present 144.
Absent30.

Hill, Hollis, Humber, Jordan of Wilkes,
~Iathews,
1\IcCurry, Paull, Peacock, Prescott, Roberts,

Poppell,

Puckett,

Rankin,

Redwine,

Reese,

Riden,

Roach,

Roney,

Russell,

Sheffield of Earlv,

Siblev,



Sikes,

Simms,

Smith of Butts,

Smith of Oglethorpe,

Smith of Walton,

Strickland of Bryan,

Strickland of Clinch,

Strother,

Taliaferro,

Tarver,

Tate,

Tatum,

Thomas,

Toole,

Turner of Brook~,

Turner of Coweta,

\Valters,

'Valton,

'Veehunt,

Welch,

'Ve.~tbrook,

Wheeler,

Wilcox,

Williams of Columb1a,

Williams, L \'11

Willingham,

Wilson,

Yancey,

Zellner.

Rogers,
Scruggs, Shannon, Sharman,
Sheffield of Miller, Vick,
Wall,
Williams, F. J. Wilmot. Wright,

FIUDAY, SEPTEMBER 12, 1879.

1449

Mr. vVelch, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and confirmed.
Mr. Mynatt moved to reconsider so much of the Journal of yesterday as . r"'lates to the action of the House on the bill for the relief of \\rm. Rich from a judgment obtained ag;ainst him in favor of the State on a forfeited recognisanc~.
The motion to reconsider prevailed. Mr. Cook moved to dispense with the call. of the roll of counties for the introduction of new matter. The motion prevailed. By consent of the House, Mr. Butt introduced the following bill, which was read the first time, and referred to the Committee on the Judiciary, to-wit: A bill to create a Board of Commissioners for turnpike roads in this State, and for other purposes. By a constitutional vote of yeas 108, nays none, the following bill was introduced, read the first time, and referred to the Committee on the Judiciary, to-wit: By Mr. DuvallA bill to exempt certain firemen in the city of Augusta from jury duty. By consent of the House, the follo.ving bill was introduced, read the first time, and referred to the Committee on Finance, to-wit: By Mr. ChambersA bill to be entitled an act making appropriations for the payment of the expenses of the special committee on the investigation of the office ot the Principal Keeper of the Penitentiary. The unfinished business of yesterday was then taken up, being the consideration of a bill to be entitlel an act to incorporate the Savannah Trust and Safe Deposit Company.
92

1450

JOURNAL OF THE HoUSE

The bill having been read the third time, the report of the committee thereon was agreed to, and the bill passed by a constitutional majority of yeas 88, nays 1.
The following House bills were read the third time and disposed of as hereinafter mentioned, to-wit:
A bill to be entitlPd an act to prescribe the manner in which court-houses, jails, bridges, and otller public works, shall be erected, built or repaired, and for other purposes.
The report of the committee was agreed to, and the bill passed, by substitute, by a constitutional majority of yeas 99, nays none.
Also, a bill 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 agent of such company shall be disqualified to preside in the trial of any cause by or against any railroad company.
The report of the committee on this bill was agreed to, and the bill passed, as amended, by a constitutional majority of yeas 94, nays none.
Also, a bill for the protection of game and fish in this State, and for other purposes.
The report of the committee, which was adverse to the passage of the bill having been disagreed to, the bill was read the third time.
1Ir. Mewhorter moved to indefinitely postpone the bill.
The motion was lost. On motion of Mr. Northern, the bill was amended by striking out the words "or from any stream," in line 5, section 4. On motion of Mr. Patterson, the following proviso was added to the bill: "Provided that the provisions of this bill shall not apply to any of the coueties of the State of Georgia, except Bauks county.

..FmDAY, SEPTEJUBER 12, 1879.

1451

On nL.,tion of Mr. Harrison, the bill was laid on the table.
REPORT SUB-00}1MITTEE.

We, the committeP, appointed by the joint committee of the Senate and House of Representatives on the Penitentiary, to investigate cPrtain matters touching the convicts worked by the MariPtta and North Geor gia Railroad Company, have discharged that duty, and submit the following report, as directed :
Your committee proceeded to the camps of the convicts worked by the Marietta and North GPorgia Railroad, at Cedartown, and on Fish Creek, on the line of the Cherokee Railroad, in Polk county. vVe found about one hundred and fifty men, women and boys in the two camps, and of this number about one hundred and twenty available hands, the remainder women and old men, crippled and diseased, pronounced incurable and utterly worthless as laborers. About half of the available force at work on the Cherokee Railroad, extending the road to Cedartown, the others at work for the Cherokee Iron Company, mising ore and other work about the furnaces and shops of the Cherokee Iron Company.
Being instructed to examine carefully as to the condition of the convicts worked by this company, their treatment, etc., .we thought it best to makB a personal inspection of the camps, and to see each and every con- viet, which we did. The camp at Cedartown is well and comfortably arranged. The stockade or main building, about one hundred feet in length, and about thirty feet in width, securely built, one tier of bunks on either side. The arrangements for sleeping as comfortable as is consistent with the safe keeping of the prisoners. The building occupied by the women is separate and removed from that occupied by the men. The women

1452

JouRNAL 01r THE HousE.

are not chained, but locked in during the night; therefore, their building is t(qhter and closer than that occupied by the men, although it is suffiiently ventilated. We have no idea that they ever had as comfortable quarters before they were sent to thA Penitentiary.
In tllP same yard is the hospital building, properly supplied for the care of the sick, as well as it can be done at a convict camp. Gu&.rd houses, kitchen and commissary are outside of the enclosure of the three buildings first mention~>d ; all the buildings whitewashed in and outside, lime being used freely as a disinfectant.
"\Ve found the yard, kitchens and buildings clean, and all trash and filth of every kind removed every day, as a requirement of the camp. The manager, Mr. N. S. Eaves, informed us that the samP. care and attention to cleanliness was observed every day. The sanitary condition of the camp, we do not hesitate to say, is as good as it can be made for a convict camp for the same class of people. 'Ve saw the rations and the buckets prepared, without a knowledge that we would see them ; boiled meat and vegetables and breail- -the allowance was full-amply sufficient for men at hard labor.
The appearance of the men, apart from any other testimony, shows beyond question that they are well fed and not overworked. The g~neral health of the camp demonstrates the same fact-not a sick man in the hospital and not a death in these camps this year, except one, whom the physician informed us died suddenly from cholera morbus. Without exception, the convicts bore testimony, unreserved and outspoken, as to their kind treatment, and to their being well fed. Of course they are anxious to be released, and noth-
ing but rigid discipline would hold them in camp or on the work. Some will even take the chanches and rush

FRIDAY, 8EPTEl\IBER 12, 1879.

1453

out from under the gun, knowing that the guard is requin~d to shoot.
One of the most serious troubles connected with the working of convicts out doors is the securing of competent and faithful guards. The unfaithfulness or want of proper diligence is seized upon by the convict, watching his opportunity to escape, and unknown to the manager until the convict has escaped.
In such cases the manager has no other remedy but to discharge the guard, which is always promptly done. The discipline over the guards is quite as strict and rigid as that over the convicts, except there is no power . to punish. While we found the convicts who were at labor anxious to be pardoned and discharged, the same is not true of most of the crippled, diseased, broken down, and old men. They are better cared for than they crmld be if they were turned out, and they know it. Our information is that every one of the broken down, crippled and diseased were in that condition when received by this company. They recAived at one time seven women and six children.
There is one case where the convict was hauled from the jail on a wagon and carried to tl1e camp, and he has been utterly helpless ever since, suffering from wounds received during the war. He bas had the constant care of the resident physician, Dr. Hatris, and the same treatment as though he had been a free citizen with means to pay for all needed medical treatment. We submit herewith the certificate ot Dr. Harris.
We found one man, eighty-four years of age, of course not able to work. He left the camp and hid himself in the woods under the impression that he was to be taken off by the committee. Vile give this detailed statement as to the condition of this camp, and of the treatment of the convicts fir.st, because it was made our duty to make a thorough investigation of the same, and

1454

JouRNAL OF THE HousE.

then, because it will serve to illustrate the present lease system, and of the general managemfmt of the convicts under the Principal Keeper, John \V. Nelms.
The general management and regulations of this camp is under the directions and in conformity with rules prescribed by the Principal Keeper. Profamty, obscene language, and the use of intoxicating liquors, is absolutely prohibited.
The convict camp is a place for felons. Hard labor is required by law ; rigid discipline is absolutely necessary, and with the greatest care this cannot always he done. Abuses have been magnified and distorted to such an extent as to create an undeserved sympathy for the felons, in some instances greater than for the honest poor of our State.
If Principal Keeper John \V. Nelms is equally vigilant and careful with the other camps, whatever may have been true in the past, the charge of inhuman treatment to convicts is untrue and groundless now. To provide properly for the old, infirm, diseased, crippled, and for women with small children too young to be taken from the mother, and for boys who may be sent to the Penitentiary, are questions which address themselves to the humanity and wisdom ot the Legistare to be provided for, and will require time to perfect.
The next question we were required to investigate was, whether these convicts were being worked for the benefit ot the Marietta and North Georgia Raiiroad Company, as provided by the statute \Ye found that, by written contract, submitted to us, they were worked by the Marietta and North Georgia Railroad Company for the Cherokee Iron Company, exclusively for the benefit of the Marietta and North Georgia Railroad Company, and that in this respect also the company is complying with the law in letter and spirit. A portion

FRIDAY, SEPTEl\IBER 12, 1879.

1455

of the convicts dig the ri~h ore from the ground, a port: on hPlp to make it into pig iron, and another portion building a railroad for the Cherokee Iron Company, which will open up and develop that rich and beautiful country in and around Cedar Valley.
The Cherokee Iron Company has already nearly a half million dollars invested in mining and manufacturing, and will double the amount on the completion of their railroad. The proceeds of the labor of these convicts will aid in extending the Marietta and North Georgia Railroad. The Marietta and North Georgia Railroad have not the number of convicts as provided for by the lease act of 1876, which went into effect April1, 1879. The act of 1876 specifically provides that any incorporated railroad company having convicts leased, and whose lease expired bPfore the completion of the grading, should have the number then held by the road, and as many more as they desired until the grading was completed. The Marietta and North Georgia Railroad was an incorporated railroad company-had convicts at work-the lease expired, and the grading was not completed. The company held the number thPy had, asked for others in terms of the law, and still ask for two hundred and fifty ablehodiPd men, to be worked for the benefit of their road.
We hold that the company is entitled by law to this forct>, and until the grading of their road is completed. The statute provides that only able-bodied men shall labor on railroads-those adjudged able by the physician of the Penitentiary. Weak, diseased, helpless men, boys and women do not meettherequirement of the statute. As to those who shall work on this and other roads, canals, mining, etc., the lease act, in spirit and terms, gives preference to comp:mies working the convicts on works of public improvement. The cripple, helpless convicts held and supported by

1456

JouRNAL oF THE HousE.

the Marietta and North Georgia Railroad Company take from their ability to build the road, the purpose for which this statute is made, for it requires one man to support one sick man and to pay the medical bills, and to this extent theirs is a hospital for sick and disabled convicts.
That feature of thP act of1876 which gives preference to works of public improvement, as in building railroads, district roads, etc., is right in principle and best as a question of State policy, for in this way the convict makes some remuneration to the whole State for the cost of conviction, by the development of the country, and thereby incrvasing the industries of the State, and giving employment to our honPst free laborers, so many of whom are now without employment and suffering for the want of proper employment.
The Marietta and North Georgia Road fully meet this provision of the statute, and are en titlPd to all the rights given to railroad companies under the statute to b.ave and work conviets. Such was the intention of the Legislature, and such is the meaning of the act of 1876.
In consideration whereof we recommend the adoption of the following preamble and resolution by the joint committee, and that the chairmPn of the respective committees be instructed to report'the same to the Senate and Honse of Representatives, and ask the adoption by the General Assembly.
Respectfully submitted. JA~IES M. \Vrr.soN, Chairman; L. F. LIYIXGSTOX, C. W. \VrLLIAllts, F. LONG, R. L. l\fc\VnoRTER, Committee.
Mr. \Vilson, chairman of the House Committee on

FRIDAY, SEPTEMBER 12, 1879.

1457

the Penitentiary, submitted the following report from the joint committee of the two Houses:
Mr. Speaker :
The joint committee of the Senate and House on the Penitentiary have had under consideration certain matters concerning the convicts, worked by the Marietta and North Georgia Railroad Company, and have, through a sub-committee appointed for that purpose, made a thorough investigation of the same, and I am instructed by the joint committee to report the following preamblt> and resolutions to the House of Repre sentatives, and -ask their adoption.
Thejoint committee ofthe Senate and Honse ofRepresentatives have had under consideration so much of the "act to regulate the leasing out of the convicts, etc., approved February 26, 1876," as relates to the Mari etta and North Georgia Railroad Company.
\Ye find that all the leases under the act of 1874 expired on :March 31, 1879. \Ve find that the Manetta and North Georgia Railroad Company was and is an incorporated !'ailroad, and had convicts at work on said railroad at the time of the passage of the act of 1876, and that their lease expired before the completion of the grading of said road, and that said company applied for the hands they had and for additional force under the leasing act of 1876.
We find that section third of the act of 1876 provides that snell convicts only as are adjudged to be able-bodied and competent be taken from the penitentiary and worked on roads, canals, etc. "\Ve find that the Marietta and North Georgia Railroad Company had only 15(J convicts, including a number of women and disabled convicts, not competent to labor on said road or canals, and that company are working their force on their track and works of public improvement exclusively for the benefit of the Marietta and North

1458

JOURNAL OF THE HOUSE.

Georgia Railroad Company, for the purpose of extending the same t( the Northern terminus; and whereas the spirit and letter of the law, the act of 1876, providE's that said company shall have as many as 250 convicts, to be worked exclusively for the benefit of said railroad company ; therefore,
Be it Resolved, That the Governor be and he is hereby instructeQ to furnish the Marietta and North Georgia Railroad Company two hundred and fifty convicts competent to labor on a railroad, to be worked by said railroad company, exclusively for the benefit of said sailroad company, and that on failure to comply with this provision, that said railroad company forfeit their lease.
J. M. WILSON, Chairman.
On motion of Mr. Harrison, the resolution incorporated in the report of the Committee on thP. Penitentiary was referred to the Committee on the Penitentiary.
On motion of Mr. Miller, of Houston, three hundred copies of the report were ordered printed for the use of the House.
The reading of bills a third time was resumed. The following bills were read the third time ; the reports of the committees on the same agreed to, and the bills disposed of are hereinafter mentioned, towit: A bill to be entitled an act to amend Rection 4637 of the Cude of Georgia, in reference to the statement of prisoners in cases of felony. Passed, by substitute by a constitt1tional majority ; yeas 96, nays none. Also, a bill to repeal an act to make minors parties to proceedings in the, courts of this State, approved February 25, 1876. Passed by substitute by a constitutional majotity of yeas 93, nays none.

FRIDA.Y, Sl!l.Pfl!J){BER 12, 1879.

1459

Also, a 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 purpOSt!S.
Passed, as amendP-d, by a constitutional majority of yeas 90, na.ys none.
Also, a bill to amend section 3623 of the Code of 1873.
Passed by a constitutional majority of yeas 90, m.ys none.
Also, a bill to carry into effect paragraph 2, section 18, article 6, of the Constitution of 1877, so as to pro vide for the revision of the jury-box.
Passed, by substitute, by a vonstitutional majority of yeas 100, nays none.
Also, a bill to prevent the dismissal of cases in the Supreme Court of Georgia, for or on account of defects in the record or bill of exceptions or for any reason growing out of the failure of Judges, Clerks of the Superior Courts or attorneys to pertorm their ., duties with reference to the same.
Passed, by substitute, by a constitutional majority of yeas 102, nays none.
Also, a bill to amend an act, approved February 24, 18i4, entitled an act to amend section 4441 of the Cole of Georgia, in reference to illegal hunting with dogs, fire arms or other implements in and through any lands, etc.
Passed, as amended, by a constitutional majority of yeas 97, nays none.
Also, a bill to provide for the selection and empa.nnelling of juries in capital c;.tses.
This bill not having received a constitutional majority, was lost.
The following local and sp2cial bills were read the third time ; evidence of publications of notice and certificates as, required by law, in each instance, ex-

1460

JoURNAL OF THE .fiOUSE.

llibited to the House : the reports of the committees agreed to, and the bills disposed of as hereinafter mentioned, to-wit:
A bill to repeal an act to regulate the compensation of Tax-Collector and Tax-Receiver for 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, apJ.1roved February 27, 1877, and for other pnrposl:'s.
Passed by a constitutional majority; yeas 94, nays none.
Also, a bill to repeal an act to consolidate 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. Passed by a constitutional majority of yeas 96, nays
none. Also, a bill to prescribe the method of granting license
to sell spirituous or intoxicating liquors in the county of Bulloch, and to increase the fee for the same to five thousand dollars.
Passed by a constitutional majority of yeas 102, nays none, and the action of the House thereon ordered immediately transmitted to the St>nate.
Also, a bill to establish a system of public schools for the city of Carttrsville, and to provide for the support and maintenance thereof, and for other purposes.
Passed, as amended, by a constitutional majority of yeas 96, nays none.
Also, a bill for the relief of the Macon and Augusta Railroad Company from over assessment of tax for years 1874, 1875, 1876 and 1877, and for other purposes.
Passed, as amended, by a constitutional majority of yeas 99, nays none.
Also, a bill to change so much of the law in relation

FRIDAY, SEPTEMBER 12, 1879.

1461

to Grand J nrors in Pulaski county as provides for two panels of Grand Jurors, so as to reduce the same to
one. Passed, as amended, by a constitutional majority of
yeas 96, nays none.
Also, a bill to require the Judge of the Superior Court of Macon county to transfer to the County Court o1 said county all cases of misdemeanor now pending, or which may hereafter arise in the Superior Court ; to provide for the trial of such causes and the disposal of the costs, fines and forfeitures arising in such transferred causes.
Passed, as amended! by a constitutional majority of yeas 97, nays none.
Also, a bill to provide for the appointment of a prosecuting attorney for the county of Pulaski, and to define his duties.
Passed, as amended, by a constitutional majority of yeas 98, nays none.
Also, a bill to repeal an act to abolish the office of Treasurer of the comtty of Pulaski; to vest the duties of said office in the Judge of the County Court ot said county, and for other purposes, approved February 4, 1'375, and to provide for the discharge of the dutie~ of said office until an election shall be held for said office.
Passed, as amended, by a constitutional majority of yeas 9!J, nays none.
Also, a bill to prohibit the retail ofspirituous liquors, except for medical or mechanical purposes in the county of Morgan.
Passed, as amended, by a constitutional majority of yeas 110, nays none.
Also, a bill to authorize the Comptroller-General to accept as a basis of taxation of the Upson county Railroad for the four years it is in default the taxable value thereof as determined by arbitration for the year 1878,

1462 .

JoURNAL OF THE HOUSE.

and to relieve said road from penalties attached be cause of said default.
Passed, as amended, by a constitutional majority of yeas 97, nays none.
By consent of the House, Mr. Barksdale was allowed to withdraw the following bill introduced by himself, 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.
'l:'he following bill was made the special order of Wednesday next, the 17th instant, immediately after the reading of the Journal, to-wit:
A hill to amend an act to create a State Board of Health.
The following bills were, on motion, laid upon the table, to-wit :
A bill to provide for the election of Judge of the County Court of Putnam county by the qualified voters of said county.
Also~ a bill to regulate the sale of commercial fertilizers and manures, and to define the rights of persons to such contracts, and for other purposes.
Also, a bill to require all land owners to have their lands surveyed every ten years, and for other purposes.
Also, a bill to be entitled an act to amend section 1456 of the Code of Georgia.
Also, a bill to change the time of holding the Superior Court in the county of Bulloch.
.Also, a bill to increase the terms and regulate the times of holding the Superior Court of the county of Bibb, and for other purposes.
Also, a bill to authorize the County Commissioners of Bibb county to purchase property put up for sale for State and county taxes, due in said county.

FRIDAY, SEPTEMBER 12, 1879.

1463

Also, a bill to exempt from jury duty certain per son<~ therein named, to-wit: ministers of the Gospel, physicians, apothecaries and active firemen.
Also, a bill to amend an act to prevent monopolies in the transportation of freight and to secure frt;e competition in the same, and for other purposes, and to add an additional section to the same.
Also, a bill to repeal an act, approved Pebruary 26, 1877, authorizing and requiring the County Commissioners of Bibb ~ounty to pay all necessary and pr0per expenses incurred in conducting elections in said county.
Also, a bill to incorporate the Augusta Savings Bank.
Mr. Port, of Sumter, chairman pro tem. of the Committfle 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, to-wit:
A bill to be entitled an act to promote the sanitary condition of this State by prescribing the conditions upon which dams may be erected across running streams, and to provide a penalty for a violation of the same.
ThP committee have also had under consideration the following bills, which they n>commend do pass, as amended, to-wit :
A bill to be entitled an act to provide for thP sale of propel"ty of a perishable nature or that is liable to deteriorate in value from keeping, or that is attended with expense in keeping. etc.
Also, a bill to be entitled an act to regulate the practice in the Supreme Court of this State.
The committee have also had under consideration

1464

JOURNAL OF THE HOUSE.

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 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, approved December 16, 1878.
Also, a bill to be entitled an act to amend section 4372 of the Revised Code of 1873.
Also, a bill to be entitled an act to give landlords a lien for rent on all the property of tenants upon the rented premises, and to prescribe the manner of en forcing the same.
Also, a bi1l to be entitled an act to amend an act in relation to the mode of appointing commissioners for Mcintosh cohnty.
The committee find that the proper notices required by law have been given of intention to apply for the passage of the last bill above mentioned.
ALLEN FoRT, Chairman pro tern.
Leaves of absence were granted Messrs. Roberts of Cobb, Roney, Greene of Baldwin, and Bennett.
Mr. Riden moved that the House adjourn to 9 o'clock to-morrow morning.
The motion was lost.
l\fr. \Vilson moved to adjourn till 3! o'clock this afternoon.
The motion prevailed, and the House adjourned un-
til 3t o'clock P. M.

3:30 O'CLOCK P. :u.
The House met pursuant to adjournment, a quorum being present.

FRID.A.Y, SEPTE:\rBER 12, 1879.

1465

The regular order of business beiug the reading of House bills the third time, the following local and special bills were read the third time ; the evidence of the publication of the notice required by law was exhibited to the Rouse in each instance ; the reports of the committee agreed to, and the bills were disposed of as hereinafter mentioned, to-wit :
A bill to repeal so much of an act as relates to the county of Lownds, entitled an act to change and regulate the school system in the counties of Ware, Echols, Lownds, Berrien, Charlton, Dodge, and Clinch in certain particulars, approved February 15, 1877.
Passed by requisite vote, yeas 96, nays none.
Also, a bill to amend the charter of the Barnard and Anderson Street Railroad, so as to extend the roadbed.
Passed by the requisite constitutional vote of yeas 100, nays none.
Also, a bill to alter and amend the road laws of this State, so far as relates to the county of DeKalb, and for other purposes.
Passed by the requisite constitutional majority of yeas 915, nays none.
Also, a bill to alter and amend the road laws so far as relates to the county of Effingham, and for other purposes.
Passed by the req11isite constitutional majority ; yeas 107, nays none.
Also, a bill to reduce the salaries of Tax-Receiver and Tax-Collector of the county of Forsyth.
Passed by the requisite constitutional majority; yeas 103, nays none.
Also, a bill granting to .the Great Southern Railway Company an extension of ten years for the completion of its road from the expiration of the time allowed by the act incorpomting said company.
93

1466

JoURNAL OF THE HoUSE.

Passed, as amended, by the requisite constitutional vote of yeas 98, nays none.
Also, a bill to incorporate the Dublin Telegraph Company.
Passed, as amended, by the constitutional vote ; yeas 93, nays none.
Also, a bill to amend an act to consolidate, amend, and codify the various acts incorporating the city of Forsyth, in the county of :Monroe, and for other purposes.
Passed by the reqnisite constitutional vote ; yeas 99, nays none.
Also, a bill to incorporate the National Mercantile Debt Assurance Company.
Passed, as amended, by the requisite constitutional vote ; yeas 111, nays none.
Also, a bill to amend an act incorporating the town of Oxford, in the county of Newton, approved December 23, 1839, and for other purposes.
Passed by the requisite constitutional vote of yeas 108, nays none.
Also, a bill to direct the unexpended part of the fund known as the Ohoopee Ri,er fund to educational purposes, in the county of Tatnall.
Passed by the requisite constitutional vote; yeas 9G, nays none.
Also, a bill to incorporate tlu~ :Mutual Insurance Company of Augusta.
Passed by the constitutional vote ; yeas 92, nays none.
Also, a bill to repeal an act entitled an act to pro hibit the sale of spirituous liquors in the town of Sharpsburg, in the county of Coweta.
Passed by the requisite constitutional vote; yeas 98, nays none.

FRIDAY, SEPrE:UBER 12, 1879.

1467

Also, a bill to fix the compensation of Tax-Receiver and Tax-Collector of the county of Cherokee.
1\fr. Milner moved to strike. out sections two and three of the bill, which motion prevailed, and the bill passed, by substitnte, as amended, the constitutional vote being yeas 93, nays none.
The following bills were read for the third time and tabled, to-wit:
A bill to repeal an act entitled an act to require the voters of Mcintosh county to register.
Also, a bill to incorporate the Dahlonega Air-Line Railroad Company, and for other purposes.
Also, a bill to incorporate the town of Maysville, in the county of Jackson and Banks, and for other purposes.
Also, a bill to repeal the 43d section of an act to amend the several acts incorporating the city of Gainesville, in the county of Hall, and for other purposes, approved February 22, 1873, and the acts amendatory thereof, so far as relate::> to the establishing of a criminal court in said city..
Also, a bill to amend an act creating a Board of Com. missioners of Roads and Revenues in the counties of Floyd, Effingham, Schley, Sumter and Greene, so far as the same relates to the county of Sumter.
On motion of :Mr. Adams~ the following special bill was taken from the table and read the third time, and evidence of the publication of the notice required by law being exhibited, the same passed by the constitutional vote of yeas 98, nays none.
On motion of .Mr. Davidson, of Sumter, the following special bill was taken from the table and read the third time, and evidence of the publication of the notice 1equired by law being exhibited, the same passed by the constitutional vote of yeas 98, nays none.
Mr. MeWhorter moved that the House adjourn.

1468

JOURNAL OF THE HOUSE.

1\fr. Fort called for the yeas and nays on the motion, which call was not sustained, and the motion to adjourn until 9 o'clock to-morrow morning then prevailed, and the House adjourned until 9 o'clock tomorrow morning.

ATLANTA, GEoRGIA,

-'rhe

House

met

Saturday, September 13, 1879 pursuant to adjournment, was

called to order by the Speaker, and opened with

prayer by Mr. Hanks, of whitfield.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams, Anderson of llorgan, Anderson of Newton, Anderson of Pulaski, Awtry, Barksdale,
Bell, Berry,
Bird,
Bleckley, Branch, Brantley, Brintle, Buchan, Bureh of Laurens, Burch of Towns,
Butt, Cannon,
Carr, Chambers, Chapman,
Colley,
Cook, <..'ox of Troup, Crawford,

Hammond, Hamilton,
Hank~,
'Harrell,
Harp, Harrison, Hill, Hogan, Hollis,
H<n"ell of Lowndes, Howell of Pickens,
Hudson,
Hulse~,
Hutchius,
Irvine,
Ivey, Janes,
Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Kendrick. ~~msey, Kmg,
Kirby, Lamb,

Phillips of Carroll,

Phillips of Cobb,

Phillips of Coflee,

Phinizy,

Pike,

Pol hill,

Pope,

Poppell,

Puckett,

Rankin,

Redwine

Reese, '

Riden,

Roach,

Roberts,

Rogers,

Roney,

Russell,

Sheffield of Earlv,

S~bley,



Sikes,

Simms,

Smith of ButtA,

Smith of Oglethorpe

Smith of Walton,

SATURDAY, SEPTEMBER 13, 1879.

1469

Cunningham, Daniel, Davis of Baker,
Davis of Houston, Davison,
DeLoach,
Dickin, Dozier,
DuBose, Duggar, Dupree, Duvall, Farnell,
Fitzgerald, Fletcher,
Ford,
Fort, Fuller, Gammage,
Garrard, Grant,
Gray, Glover, Greene of Madison,

Lang, Livingston, Luffman,
Maund, McAfee. McConnell, McDonald, )fcGouirck,
:\IcLucas, )lcRae,
l\IcWhorter l\llller of Houston, Miller of Liberty,
Milner,
Mitchell, Mynatt,
Nisbet,
Northern, Paine,
Park, Patterson, Paull,
Peacock, Perkins,

Strickland of Bryan,

Strickland of Clinch,

Strother,

Tarver,

Tate,

Tatum,

Thomas,

Toole,

Turner of Brook~,

Turner of Coweta,

"\Valters,

walton,

"\Veehunt,

Welch,

"\Vestbrook~

Wheeler,

"\Vilcox,

Williams of Columbia,

Willingham,

-

"\Vilmot,

,..

Wilson,

Wright,

Yancey,

Zellner.

Those absent were Messrs.-

Barron, Bennett,
Born, Butler, Clegg, Collins, Cox of Harris, Elder,
Greene of Baldwin,

Hall, Harris,
Henderson, Humber, Jordan of Wilkes, l\Iathews, McCurry,
Oliver Prescott,

Present 147. Absent27.

Scruggs, Shannon, Sharman,
Sheffield of Miller, Taliaferro, Vick, Wall, Williams, G. W. Williams, F. J.

So a quorum was found to be present. Mr. Barksdale, chairman of the Committee on J onrnals, reported the Journal of yesterday examined and found correct, when the same was read and confirmed by the House.

Mr. Cox, of Troup, moved to reconsider so much of the Journal of yesterday as relates to the action of the House in the loss of the following bill of the House, towit:

1470

J OTTRNAL OF THE HOUSE.

A bill to provide for the selection of tales jurors for the trial of cases t)f felony in the courts of this State.
The motion to reconsider prevailed. Mr. Barksdale moved to reconsider so much of the J ourna1 of yesterday as relatPs to the action of the House in allowing the withdrawal of the following bill of the House, to-wit: A bill to provide the manner of fixing the compensation of jurors in all counties in this State, ancl torequired the Judges of the Superior Courts to give it in charge. 'rhe motion to reconsider prevailed. Mr. Fort moved to reconsider so much of the J onrnal of yesterday as relates to the action of the Honse in the passage of the following bill of the Honse, to-wit: A bill granting to the Great Southern Railway Company an extension of ten years for the completion of its road from the expiration of the time allowed by the act incorporating said company. The motion to reconsider preYailed. On motion of Mr. Sibley, the rules were suspended and the following local or sp1~cial bill was read the third time; evidence of publication of notice and certificate as reqnired by law was exhibited to the Honse, the report of the committee, which was favorable to the passage of the bill, agreed to, and upon the question of the passage of the bill the yeas ancl nays were called. 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 Newton, Anderson of Pulaski, Awtry, Barksdale, Bell, Bird, Bnnch,

Hammond, Hamilton, Hanks, Harrell, Harp, Harrison, Hogan, Howell of Lowndes, Howell of Pickens,

Paull, Peckins, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy,
Pope, Poppell, Puckett,

SATURDAY, SEPTR:IfBRR 13, 1879.

1471

Brantley,
Brintle, Bllrch of Laurens, Burch of Towns, Butler, Butt, Cannon, Chapman, Chambers, Colley, Cook, Cox of Troup, Crawford, Cunningham, Daniel, Davis of Baker, Davison, DeLoach, Dickin, Dozier, DuBose, Duggar, Dupree, Duvall, Fitzgerald, Fletcher, Ford, Fuller, Gammage, Garrard, Grant,
Gray, Glover,

Hudson, Hutchins, Irvine,
Janes, Johnson of Clay,; Johns...n of Johnson, Jordan of Crawford, Kendrick, Kimsey,
I~ing,
Kirhy, Lamb, Lang, Livingston, Luffman, )[aund,
McAfee, McConnell, McDonald, 1\-lcGourick, McLucas, McRae, Mc\Vhorter, Miller of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Kisbet, Northern, Paine, Park,

Rankin, Redwine, Riden, Roach, Roger>, Russell, Sheffield of Early,
Sibley, Sikes, Smith of Butts, Smith of Oglethorpe, Smith of \Valton, Strickland of Bryan, Strickland of Clinch, Strother, Tarver, Tate, Thomas,
Toole, Turner of Brooks, Turner of Coweta, \Veehunt, Welch, \Vheeler, \Vi !cox, \Villiams of Columba, Willingham, \Vilmot, Wilson
Wright: Yancey, Z<:llner.

Th0se not voting are Messrs.-

Barron, Bennett, Berry. Bleckley, Born, Buchan, Carr, Clegg, Collins, Cox of Harris, Davis of Houston, Elder, Farnell, Fort, Green of Baldwm, Greene of Madison, Hall,

Harris, Henderson, Hill, Hollis, Hulsey, Humber,
Ivey, Jordan of Wilkes, Mathews, McCurry, Oliver, Patterson, Peacock, Pike, Polhill, Prescott, Reese,

Roberts, Roney, Scruggs, Shannon, Sharman, Sheffield of Miller, Simms, Taliaferro, Tatum, Vick, \Vall, \Valters, \Valton, Westbrook, Williams, C. W. Williams, F. ].

Yeas 124. Nays 00. Not voting 50.

1472

JOURNAL OF TR.E HousE.

So the bill was passed by a constitutional majority of yeas 124, nays none ; to-wit:
A bill to authorize a reduction of the capital stock of the Bank of .Augusta, and to more clearly define and specify the power and authority of said bank.
Mr. Yancey moved to suspend the rules for the purpose of having the following House bill read the third time, which motion prevailed, to-wit:
A bill to repeal the several acts creating, organizing and establishing County Coq.rts for the counties of Dooly, Campbell, Floyd, Rockdale, McDuffie and Clarke, in this State, and for other purposes.
This being a consolidated bill for the following local and special bills of the House, to- wit : Nos. 529, 593,
515, 381, 429, 5tnt and 563; evidence of publication of
notice and certificates as required bylaw was exhibited to the House ; the report of the committee agreed to, and cer-tain amendments offered by Mr. Yancey to said bill were adopted, and the bill passed by a constitu tional vote of yeas 106, nays none.
On motion of Mr. Redwine, the following bill of the House was taken from the table and read the third time, to-wit :
.A bill to repeal the 43d section of an act to amend the several acts incorporating the city of Gainesville, in Hall county, and for other purposes.
This being a local or special bill, evidence of publication and certificate as required by law was exhibited to the House, the report of the committee agreed to, and an amendment offered by l\Ir. Redwine adopted, and the bill passed by a constitutional vote of yeas 98, nays none.
Un motion of Mr. Paine, the rules were suspended and the following bill of the Senate was read the third time, to-wit :
A bill to prescribe the time for holding the Superior Courts.

SATURDAY, SEPTEMBER 13, 1879.

1473

Mr. Paine offered an amendment to said bill, which was adopted.
The report of the committee was then agreeC. to, and the bill passed by the requisite constitutional vote of yeas fll, nays none.
On motion of Mr. Tate, the rules were suspended and the following bill was introduced, read the first time and referred to the Committee on the Judiciary, to-wit:
By Mr. Tate-
A bill to authorize the Ordinaries of the counties to hire out county convicts, and for other purposes.
The regular order of business being the reading of House bills the third time, the following bills were then read and disposed of, as hereinafter specified, to-wit:
A bill to make it a felony for the President and Directors of any bank, loan and trust company, or other company incorporated by the laws of this State, or doing business in this State, or of any private bank, or other company incorporated, or unincorporated, or for any individual, or individuals doing a banking business in this State, or a business in which money is received on general deposit, to fail to repay to the depositor, or the person entitled thereto within three ilays after dem11nd therefor, any money deposited in the bank, loan and trust company, or other company incorporated, or unincorporated, or with such individuals, or individual, being at the time of receiving such deposit insolvent, and to provide for the punishment therefor.
The report of the committee was agreed to, and the bill passed by a constitutional vote of yeas 95, nays none.
Also, a bill to provide for the preservation of order on the railroads of this State.
The report of the committee was agreed to, and the

1474

JOURNAL OF THE HOUSE.

bill passed by a constitutional vote of yeas 89, nays none.
Also, a bill to amend section 4141 of the Code of Georgia.
The report of the committee was agreed to, and the bill passed by a constitutional vote of yeas 89, nays 1.
Also, a bill to provide another asylum for the insane of Georgia.
On motion of Mr. Miller, of Houston, said bill was recommitted to the Committee on Finance.
Also, a bill to amend section 3409 of the Code of Georgia, with reference to the service of process on insurance companies, and for other purposes.
The report of the committee was agreed to, and the bill -passed by a constitutional vote of yeas 89, nays none.
Also, a bill to amend section 3408 of the Code of Georgia with reference to the venue of suits against insurance companies having more than one place of doing business in this State, and for other pur-poses.
The report of the committee was agreed to, and the bill passed by a constitutional vote of yeas 88, nays none.
Also, a bill to amend section 1435 of the Revised Code of 1873, in reference to fixing compensation to takers up of estrays, requiring appraisers to be first sworn, and for other pur-poses.
The report of the committee was agreed to, and the bill passed by a constitutional vote of yeas 88, nays 4.
Also, a bill to make it a _penal offense to bet on elections, and to prescribe a punishment for the same.
The report of the committee was agrPed to, and upon the question of the passage of the bill, l\fr. Davidson called for the previous question, which call was sustained.
Mr. Luffman called for the yeas and nays.

SATURDAY, SEPTEllrBER 13, 1879.

147E

The call was sustained, and on calling the roll the vote was as follows :

Those voting in the affirmative are Messrs.-

Awtry, Bell, Burch of Laurens,
Cannon,
Chapman, Cook, Cox of Troup, Daniel,
Davison, Dickin,
Dozier,
DuBoRe, Dupree,
Duvall,
Fitz~rald,
Fort, Fuller, Gray,
Glover, Hamilton. Hanks,
Harp,

Harrison,
Hogan,
Howell of Lowndes, Irvine, Janes, .Jordan of Crawford, Kendrick, Kimeey, King,
Lang,
Luffman,
~IcGouirck, ~IcLncas,
l\Ic'Vhorter, 1\Iiller of Liberty, ::\Iilner,
l\I~natt,
Northern, Park, Patlereon, Phillips of Carroll, Phillips of Coffee,

Pope, Poppell, Puckett,
Riden, Rogers, Shannon
Sikes, Simms, Smith of Butts, Smith of walton,
Strickland of Bryan,
Taliaferro,
Tarver,
Toole, Turner of Coweta, Welch,
'Vheeler, Wilcox, Willingham,
'Vii mot, Yancey,
Zellner.

Those voting in the negative are Messrs.-

Anderson of Morgan,
Anderson of :Newton, Barbrlale,
Bleck ley, Branch, Brantley,
Brintle, Burch of Towns, Cunningham,
DeLoach Duggar,
Farnell, Fletcher,
Ford, Grant,

Greene of MadiRon, Harrell, Howell of Pickens, Hudson, Johnson of .Tohnson, Lamb,
~Iaund,
)fcAfee,
l\IcConnell, :!lie Donald,
)Iiller of Houston, :Xisbet, Paine,
Paull, Perkins,

Phinizy

Rankin,

Redwine

Roach,

Rus.ell,

Sheffield of Earlv,

Sibley,



Strother,

Tate,

Thomas,

'\reehunt,

'Vestbrook,

Wilson.

Wright.

Those not voting are Messrs.-

Adams, Anderson of Pulaski, Barron, Bennett,
Berry, Bird, Born,

Greene of Baldwin, Hall, Hammond,
Harris Henderson,
Hill, Hollis,

Phillips of Cobb, Pike,
Polhill, Prescott,
Reese, Roberts, Roney,

1476

JouRNAL oF THE HousE.

Buchan, Butler, Butt, Carr, Chambers, Clegg, Colley, CollinH, Cox of Harris, Crawford, Davis of Baker, Davis of Houston, Elder, Gammage, Garrard,
Yeas, 66.
Nays, 44.
Not voting 64.

Hulsey, Humber, Hutchins,
Ivey, Johnson of Clay, J oPdan of Wilkes, Kirby, Livingston, :Mathews, :McCurry, McRae, Mitchell, Oliver, Peacock,

Scruggs,
Sharman~
Sheffield of Miller, Smith of Oglethorpe, Strickland of Clinch, Tatum, Turner of Brooks, Vick, \Vall, \Valters, \Val ton, Williams of Columbia, WilliamR, C. \V. \Villiams, F. J.

So the bill not having received the requisite constitutional majority, the same was lost.
Also, a bill to alter and amend section 3583 of the Revised Code of Georgia in relation to the manner of discharging liens on transferred property.
The report of the committee was agreed to, and on the passage of the bill the yeas were 85, nays 4, so the bill not having received the requisite constitutional majority, the same was lost.
Also, a bill to make it penal for any officer or official of the State of Georgia to make any contract, except the contract by which the officer, or official holds his office, wit!::. the Governor of said State, or with any other official of the State, in and about the State's business, and to receive any pay or perquisites for the same, 1.nd to provide for the punishment therefor, and to declare such contract void.
The report of the committee was agreed to, and t1ne bill passed by a constitutional vote of yeas 99, nays none.
On motion of Mr. Paine the following bill of the Senate, passed with an amendment, by the House,

SATUHDAY, t\EJ?TEMBER 13, 1879.

1477

was ordered immediately transmitted to the Senate, towit:
A bill to fix the time of holding the Superior Courts.
The reading ef House bills the third time was resumed.
A bill to carry into effect paragraph 5, section 12, article 3 of the Constitution, to compel all insurance companies in this State~ or doing business therein, to make semi-annual reports.
The report of the committee was agreed to, and the bill passed by a constitutional vote of yeas 98, nays none.
Also, a bill to amend that part of the school law of August 23, 1872, which relates to the examination and licensing of teachers, and for other purposes.
Mr. Northern offered an amendment to said bill, which was adopted.
On motion of Mr. Northern, said bill was laid on the table.
Also, a bill to prohibit the running of passenger and express trains on the Sabbath day, and for other purposes.
On motion of Mr. 'Vilmot, said bill was made the special order for Thursday next, immediately after the reading of the Journal.
Also, a bill to make it a penal offense for any one to cast into any ditch or drain on the side of any public road in this State any brush, trees, or other obstructions, or allow the same to fall therein.
The report of the committee was agreed to, and on the passage of the bill the yeas were 6, nays 84, so the bill was lost, the same not having received the requisite constitutional majority.
Mr. Harp moved that the House adjoum until Monday morning next at 9 o'clock, which motion did not prevail.

1478

JouRNAL OJ! THE HousE.

The reading of House bills the third time was resumed.
A bill to prevent the driving off and penning the cattle of another, and to prescribe a punishment therefor.
On motion of 1\fr. Cox, of Troup, said bill was laid on the table.
Also, a bill to alter and amend section 1456 of the Code of 1873 in rPlation to firing woods, lands and marshes, and to amend section 1458 of the Code of 1873, in relation to the penalty for setting fire without notice to adjoining land owners, and for other purposes.
Mr. Hutchins offered an amendment to said bill, which was adopted.
On the passage of the bill, the yeas were 81, nays 21; so the same not having received the requisite constitutional majority the bill was lost.
Also, a bill to authorize any Coroner of this State to appoint a deputy, and for other purposes.
'rhe report of the committee was agreed to, and the bill passed by a constitutional vote of yeas 88, nay~ none.
Leaves of absence were granted to the following members, to-wit:
Messrs. Grant, Turner of Coweta, Cook, Howell of Pickens, and Mynatt.
On motion of Mr. Barksdale, the House adjourned until Monday next, at 9 o'clock A. ::.111.

MONDAY, SEPTEMBER 14, 1879.

1479

ATL.ANTA,IGEORGIA,
Monday, September 15, 1879.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Mr. Taliaferro.
'fhe roll was called and the following members answered to their names :

Those present were Messrs.-

Adams, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Awtry, Barksdale, Barron, Bell, Bird, Bleckley, Branch, Brantley, Brintle, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Colley, Collins, Cook, Cox of Troup, Crawford, Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, Dozier, DuBose, Duggar, Dupree, Duvall,

Hall,

Hammond,

Hanks,

Harrell,

Harp,

Harrison,

Hogan,

Hollis,

Howell of Lowndes,

Hudson,

Hulsey,

Humber,

Hutchins,

Irvine,

Ivey,

Janes,

Johnson of Clay,

Johnson of Johnson,

Jordan of Crawford,

Kendrick,

Kimsey,

K.ing,

Kirby,

Lamb,

Lang,

Livingston,

Luffman,

Mathews.

Maund,

McAfee,

1\IcConnell,

McDonald,

McGouirck,

McRae,

Me \Vhorter,

Miller of Houstm11 Miller of Lii:uey.

Milner,

'

Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Poppell, Puckett, Rankin, H.edwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Shannon, Sheffield of Early, Sibley, Sikes,
Simms, Smith of Butts, Smith of Oglethorpe, Smith of Walton,
Strickland of Bryan, Strickland of Clinch, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta, Wall, \Valters,

1480

JouRNAL oF THE HousE.

Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray, GloTer, Greene of Madison,

Mitchell,
Mynat~,
Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull,
Peacock, Perkins, Phillips of Can oil,

Those absent were Messrs.-

Bennett, Berry, Born, Buchan, Cox of Harris, Cunningham, Greene of Ba.dwin, Hamilton,
Present, 151.
Absent, 23.

Harris,
Hender~on,
Hill, Howell of Pickens,
Jordan of Wilkes, McCurry, McLucas, Prescott,

\Veehunt, Welch, westbrook, \Vheeler, Wilcox:, Williams of Columbia, Willingham, \Vilmot, Wilson, Wright, Yancey, Zellner.
Scruggs, Sharman, Sheffield of Miller, Viclr, Walton, Williams, C. W. Williams, F. J.

Mr. Harrell, from the Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal was then read and confirmed.
Mr. King, of Floyd, moved to reconsider so much of the Journal as relates to the action of the House upon a bill to amend sections 1456 and 1458 of the Code, relative to the firing of woods, and the punishment therefor.
The motion to reconsider prevailed.
On motion of Mr. Paine, by req_nest of the committee, Messrs. Westbrook, Mathews and Hudson were added to the Committee on Enrollment.
On motion of Mr. Harp, the rules were suspended and the following bill was taken up, read the third time; the evidence of the publication of the notice required by law was exhibited; the report of the com-

1\IONDAY, SEPTEMBER 15, 1879.

1481

mittee was agreed to, and the bill passed by the requisite constitutional majority; yeas 95, nays none, towit:
A bill to repeal the several acts establishing Commissioners of Roads and Revenues in the counties of .Jones, Chattahoochee, Douglas, Floyd, Bulloch and Heard, respectivdy.
'fhe action of the House was ordered at once transmitfed to the SPnate.
The following bill was introduced, read the first time, \o and referred to the Committee on the Judiciary, to-wit:
By }fr. MathewsA bill to allow attorneys-at.Jaw to become security on bail bonds in criminal cases, and appeal bonds and other legal proceedings in certain cases therein named. On motion of Mr. Northern, the call of the roll of counties was dispensed with.
The following message 1vas received from the Senate. through Mr. Harris, Secretary thereof :
Mr. Speaker:
The Senatf' refnses to recede from its amendments to the House bill to pay the expenses ofthe Special Joint Wild Land Committee, and I am instructed to inform the Honse of this action.
The Senate has passed a bill to dl:"fine the crime of being a tramp, and to provide for the trial and punishment of the same, and asks the concurrence of the House thenin.
The following message was received from his Excellency, the Governor, through Mr. Avery, his Secretary, to-wit:
Mr. Speaker:
I am directed by his Exeelleney, tlu~ Governor, to deliver to the House of Representatives a communication, in writing, with an accompanying document.
94

1482

JoURNAL OF THE HOUSE.

On motion of 1\fr. Strother, the message was read.

ExEcUTIVE DEPART:\IEN'r, STATE OF GEOHGIA,
ATLANTA. GA., September 1:3, 1879.
To tke House of' Representatives :

I have the honor to return to the House of Representatives, without Executive approval, a bill which originated in the House, entitled an act to authorize the Ordinary of l\Iilton county, Georgia, to borrow money for the purpose of paying for the building of a court-house in said county, and to provide for the paymant of said borrowed money.
The Constitution, article 7, section 6. paragraph 2, gives the General Assembly power to delegate to any county the right to levy a tax to build and repair public buildings.
But article 7, section 7, paragraph 1 of, the Constitution makes certain restrictions upon tllis power. This paragraph reads as follows:
''The debt hereafter incurred by any county, municipal corporation, or political division of this State, except as in this Constitution provided for, shall never exceed seven per centum of the assessed value of all taxable property therein, and no such county, municipality or division shall incur any new debt, except for a temporary loan or loans, to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of taxable property therein, without the assent of two-thirds of the qualified voters thereat~ at an election for that purpose, to be held as may De prescribed by law."
It will be seen from this provision of the Constitution that no county can incur new debt to the amount of over one-fifth of one per cent. of the assessed value of

MoNDAY, SEPrEllrBER to, 1879.

14.~3

taxable property therein, without the assent of twothirds of the qualified voters thereof at an elecdon for that purpose.
This bill provides for a debt of two thousand dollars, which exceeds one fitth of one per centum of the assessed value of taxable property in said county. The assessed value of the taxable property in Milton county in 1878, was $768,296. One fifth of one per centum of this amount is $1,532, or 8468 less than the amount authorized to be raised by the bill by said county of Milton. The bill makes no provision for an election for the purpose of getting the assent of two-thirds of the qualified voters of said county to said debt.
The bill being in conflict with the Constitution in thus providing for the county of Milton incurring a debt exceeding one-fifth of one per centum of the assessed value of the taxable property therein without the assent of two thirds of the q ualitied voters thereof at an election for that purpose, I havt'l no alternative except to return the bill to the Honse of Representatives without my sanction.
ALFRED H. CoL<iUITT.
On motion of Mr. Miller, the message and accompanying document were referred to the Committee on Finance.
The following bill was read the third time ; the report of the committee was agreed to. and the bill passei by the requisite constitutional majority; yeas 99, na.ys none, to-wit ;
A bill to regulate the practice in the Snperior Courts of this State as to the number and length of arguments of parties or counsel.
The following bill was rl'ud the third time ; the rep01t of the committee was agreed to, and the bill passed by the requisite constitutional majority; yeas 98, nays none, to-wit :

1484

J O(TRNAL OF THE HOUSE.

A bill to regulate the practice in cases enjoining Sheriff's sales.
'l'he following ~ill was read a third time, and passed by the requisite constitutional majority ; yeas 99, nays none, t)-wit:
A bill to regulate the practice in the courts of this State as to requests to charge the jury.
'fhe following bill was read the third time ; the evidt3nce of the publication of the notice required by law was exhibited, and the bill passed by the requisite constitutional majority; yeas 98, nays none, to-wit:
A bill to repeal an act to regulate the pay of jurors in Macon county, approved February 23, 1876.
The following bill was read the third time; thereport of the committee was agreed to, and the bill passed, by substitute, by the requisite constitutional majority; yeas 92, nays none, to- wit :
A bill to amend an act to alter the law of this State relative to the summary establishment of lost papers.
The following bill was read the third tjme; thereport of the committee was agreed to, and the bill passed by the requisite constitutional majority ; yeas 103, nays none, to-wit:
A bill to exempt locomotive engineers, employed in running locomotive engines Ui:JOD the railroads of this State, from liability to serve as jurors in any of the courts of this State.
'fhe following bill was read the third time ; the report of the committee, as amended, was agreed to ; the evidence of the publication of the notice required by law was exhibited, a,nd the bill passed, as amended, by the requisite constitutional majority; yeas 90, nays none, to-wit:
A bill to incorporate the Gate City Street Railroad Company, and for other purposes.
'l'he following bill was read the third time; the report

MONDAY, SEPTE:\iBER 15, 1879.

1485

of the committee was agreed to; the evidence of the publication of the notice required by law was exhibited, and the bill passed, by substitute, by the requisite constitutional majority; yeas 98, nays 3, to-wit:
A bill to incorporate the American Guarantee Association.
By a two-thirds vote, yeas 105, nays none, the following bill was introduced, read the first time, andreferred to the Committee on Finance.
By Mr. TarverA bill to amend an act to incorporate the Louisville Branch Railroad Company, so as to authorize said company to borrow money necessary for the construction and equipment of said road to secure the payment of the same by the issue of the first mortgage bonds of said read upon its equipments and franchises. The rules were suspended and the following bills introduced, reai the first time and referred to appropriate committees, to-wit: By 1\fr. BrantleyA bill declaring it a misdemeanor for any person to employ, enUce, persuade or decoy any servant to leave his employer, either by offering higher wages, or in any other way whatever during the term of service, knowing that such servant was so employed. Referred to the Committee on the Judiciary. By ~fr. PaineA bill to prevent the sale of ardent or spirituous liquors within one mile of any court-house, schoolhouse, church or public ferry in this State, and to prevent the Ordinary from issuing license therefor. Referred to the Committee on the Judiciary. The following bill was read the third time ; the report of the committee was amended and agreed to ; the evidence of the publication of the notices required by law was exhibited, and the bill passed, as amended,

1486

JouRNAL OJ! THE HousE.

by the requisite constitutional majority, yeas 91, nays none, to-wit:
A bill to prohibit the sale of spirituous, malt and intoxicating liquors. for a valuable consi<leration in certain localities in this State, and to -prescribe a penalty therefor.
The special committee to investigate the office and conduct of the PJincipal Keeper of the Penitentiary submitted the following majority and minority reports, viz:

l'tEPOUT NO. 1.
To tke Honse qf Representatives of' tke State of Geor.qia:
The undersigned members of the special committee appointed by your honorable body to invt>stigate the office of the Principal Keeper of the Penitentiary of the State of Georgia, respectfully beg leave to submit tbt> following report:
Your committee's attention was first directed to the investigation of an alleged charge that the Principal Keeper bad demanded and received from the lessees of the companies composing Nos. 1, 2 and 3, excessivPrates of transportation on convicts that were turned over to the new lessees on the 1st of April, 1879, and on this point your committee find, from the evidence,
that a certain contract was made between John ,V.
Nelms, the Principal Keeper of the Georgia Penitentiary, and the lessees of the Penitentiary convicts, by the terms ot which the said Principal Keeper was to receive the sum of twelve dollars per head for each and every convict to be delivered to the said lessees from the county jails of the various countiPs of this State, which said contract was to continue of force until the 1st day of April, 1879. It Is further claimed by s:1id Principal Keeper that said contract was to contin ne of

MoNDAY, SEPTE:IIBER 15, 1879.

1487

force for a sufficient period of time after the 1st day of April, 1879, to cover the removal and redistribution of convicts under the act of 1876, authorizing the leasing of the Penitentiary convicts as the leases thereof under the act of 1~74 expired.
Your committee find that there is much conflict of testimony as to whether the said contract was intended to cover the removal and redistribution of convicts under said act of 1876 on and after the 1st day of April. 1879, said testimony being so conflicting as to leave in the minds of some of the members of your committee grave doubts as to whether said contract was intended to apply to the removal and redistribution of said convicts on and after the 1st day of April, 1t!70, while other members of your committee believe the contract to have been made so as to embrace all convicts moved on the 1st day of April, 1879; but for the purpose of fully presenting the issues made by the testimony, your committee admit, solely for the purpose of argument, that said contract was made as is insisted by said Principal Keeper, to-wit: That said contract was to apply not only to the delivery of convicts from the jails, but to the delivery and redistribution and removal of convicts on and after the 1st day of April, 1879, to the various lessees.
Your committee find that said Principal Keeper claims to have made said contract with said lessees as John W. Nelms, an individual, and not as Principal Keeper of the Georgia Penitentiary, but that in receiving money from Georgia Penitentiary Company No. 3, that he received :=tnd receipted for, in writing, the amount of fifteen hundred and twelve dollars, and signed his name thereto in the following words, to- wit :
"John vV. Nelms, Principal Keeper Georgia Penitentiary.''
Your committee find that the lessees of Georgia Peni-

1488

JoURNAL OF THE HOUSE.

tentiary No.3, to-wit: ,V, vV. Simpson, President, and \V. D. Grant, insisted, and still insists, that no such contract as to the delivery of convicts on and after the 1st day of April, 1879, was ever made by them, or by any person authorized to act for them.
Your committee find, further, that said Georgia Penitentiary Company No.3, by its president, \V. "\Y. Simpson protested, and filed hi:; protest in writing, in the office of the Principal Keeper of the Georgia Penitentiary, in which protest they claimed, that the demand of the Principal Keeper for fifteen hundred and twelve dollars, being eight dollars per head on one hundred and eighty-niP..e convicts, at Old Town Camp, in Jefferson county, which were not to be movE>d at all, was illegal ; that he paid said money under said protest and to avoid the line of conduct sought to be pursued by said Principal Keeper.
Your committee find that said fifteen hundred and twelve dollars was paid on the 14th day of April, 1879, by said Penitentiary Company No.3, for the transportation of said one hundred and eighty.nine convicts, which were not moved at all, and which were not even seen at the time of the constructive removal, by the Principal Keeper or any agent of his. Your committee find from the testimony, that the "line of conduct" sought to be pursued by the Principal Keeper was as follows : That said Principal Keeper threatened said lessees of Georgia Penitentiary Company No. 3, that if his demands for constructive transportation of said one hundred and eighty nine comicts were not agreed to be complied with by 4 o'clock on the day said protest was filed, to-wit: On the 31st day of March, 1879, that he, the said Principal Keeper, would remove said one hundred and eighty-nine convicts from Old Town Camp to the city of Macon, and redistribute them from that point ; which threat, if executed by the said Prin

MONDAY, SEPTEMBER 15, 1879.

1489

cipal Keeper, the said lessees claimed would stop their farming operations at Old Town Camp, and thereby subject them to irreparable loss and the expense of transporting said one hundred and eighty-nine convicts to the city of Macon and back to Old Town Camp, or the transportation of such other convicts as might be sent to the said lessees in their place.
Your committee further find that companies Nos. 2 and 3, through their presidents, Messrs. Simpson and Lockett, had agreed to let the convicts at Old 'l'own Camp and other camps remain where they were, thereby rendering their removal, as threatened by said Principal Keeper, unnecessary.
Your committee further find that said camp at Old Town had been established and worked by \V. D. Grant, under the old least>, for more than three years prior to the 1st day of April. 1879, and was established as a branch of Penitentiary No. 3, under an Executive order signed by the Governor of Georgia, on or about the 20th day of ::\farch, 1879.
Your committPe therefore find, from the foregoing facts, that John \V. Nelms, the Principal Keeper of the Georgia. Penitentiary, used his official power to enforce said contract alleged by him to have been made as a private contract, between himself, as individual, and said lessee of Georgia Penitentiary No. 3, which said action, on the part of the said Principal Keeper of the Penitentiary, your committee condemn as illegal, unauthorized, extortiona,te and contrary to public policy.
It is insisted by the said Principal Keeper that he lost money on account of the expenses incurred by him in transporting said conv~cts from the jails to the lessees of the different penitentiaries in the various parts of the State of Georgia, anu that said losses were barely overbalanced by the profits ou the bulk delivery of convicts made by him during the early part of

1490

JouRNAL oF THE HousE.

April, 1879, but said Principal Keeper was unable to furnish your committee any detailed statement of said profits or losses, having kept no account of said expenses, and claiming to have made his calculations on detached pieces of paper, with his guard, after each delivery took place ; he is unable to give to your committee any evidence of his expenses, profits or losses, in regard to the transporting of said convicts further than mere conjecture.
But your committee find, from other trustworthy sources! that instead of losing money in transporting convicts from the jails, or by bulk delivery to Penitentiary No. 3, that said Principal Keeper made a clear profit, up to and including the delivery in bulk, in the first part of April, 1879, the sum of three thousand (3,000) dollars. That, during tlw same period of time, he made a clear profit on the transportation of convicts from tlie jails, and by bulk delivery on the 1st of April, 1879, to Georgia Penitentiary No. 2, of which B. G. Lockett is President, of more than one thousand dollars, not including the delivery of one hundred and nine convicts to branch camp of No. 2, owned by C. B Howard, in Taylor county, on which the said Principal Keeper claims that he was entitled to twelve dollars per head, which would have made the sum of thirteen hundred and eight dollars, which he claims to have donated to said Howard, except the actual ex penses of transporting them, the same being three hundred and seven dollars and fifty cents, showing that his profits on that delivery alone would have been, if collected, one thousand dollars and fifty cents.
Your committe'8 have here stated the amount of net profits made by the Principal Keeper on his alleged contract, out of PenitentiariPs Nos. 2 and 3. In regard to Penitentiary No. 1, of which Joseph E. Brown is President, your committee are unable to ascertain

MoNDAY, t:\EPTEnBER 15, 1879.

1491

definitely that said Principal Keeper has realized any profit under his alleged contract, but the Principal Keeper was as positive that he lost money on Penitentiaries Nos. 2 and 3, as he was that be lost on his delivery to No. 1 ; and if be be correot in his statement, that he realized no profit out of his alleged contract with No. 1, sound reasoning declares that the profits rPalized from Nos. 2 and 3 were absorbed by No. 1.
Your committee respectfully submit to the House that the making of private contracts based on valuable considerations, other than tb4;! fees or salaries allowed by Jaw, by public officers, in which they only agree to perform the duties which the law imposes on them, and which they are bound to superintend and perform as official duties, is wholly unreasonable, against pub lie policy and subversive of the true interests of the people.
Your committee find that the Principal Keeper has failed to discharge thH duties required of him by section eight of an act, approved February 25, 1876, requiring him to make monthly inspect.ions of the convicts in the various sections of the State. We find that he has visited the ca.mp at Old Town not more than four times within the last twelve months; that be has uot visited the camp at Fontenoy in twelve months; that he bas not visited Penitentiary No. 2, but once within twelve months, and that there are two camps in this Penitentiary that he has never seen. While it is true that the Principal Keeper of the Penitentiary can not make monthly inspections of the convicts as required by the statute, and personally superintend the duties of his office at the Capitol, still your committee are of the opinion that he bas been grossly derelict in the performance of this duty, and believing as we do, that this duty is one of' paramount importance to the health, comfort and humane treatment of the con-

1492

JOURNAL OF THE HoUSE.

victs, we are constrained to repor~ that this duty is greatly neglected.
Your committee find that. the said Principal Keeper of the Penitentiary has made numerous efforts to procure an interest in the lease of the convicts, which went into operation on the 1st day of April, 1879, but having met with opposition from Company 3, and baving failed to consmmate an arrangement therefor with Dr. Mitchell, of Taylor county, in time to engage in farming operations with said convicts during the present year, your committee report that, as far as the investigation shows, he has no interest in said leases or the working ot convicts, but your committee feel it due that the facts of his attempting to take an interest in the convicts under his charge as the Principal Keeper of the Penitentiary should be reported to your body, your committee believing that such conduct is highly unbecoming the Principal Keeper, and well calculated to encourage a practice which, if acquiesced in, cannot fail to produce corruption in this branch of the public sPrvice.
Your committee find from the testimony that at and before the time said John. W. Nelms was appointed Principal Keeper of the Penitentiary, there were other prominent applicants for that office, namely: Messrs. R. A. Alston and W. M. Tumlin; that after the appointment of said John \V. Nelms as Principal Keeper the said R. A. Alston had some unknown connection with said office of Principal Keeper, an'd for a period of eighteen months first after the appointment of said John \V. Nelms equally shared the salary of said office with the incumbent, John \V. Nelms; that said John W. Nelms states to your committee that there was no consideration for said division of said salary, but furtli.er states that the last five hundred dollars paid to the said R. A. Alston was paid for his (Alston's) inter est in said office of Principal Keeper.

MONDAY, SEPTEMBER 15, 1879.

1493

Your committee find that a trade was made by the said John \V. Nelms with the aforesaid william M. Tumlin, whereby the said Tumlin was to withdraw his application for the office of Principal Keeper and use his influence to secure the same for the present incumbent, the said John \V". Nelms; that the consideration thereof was the sum of four hundred dollars to be paid out of the salary of the said John \V. Nelms, and that the said John \V. Nelms, Principal Keeper of the Penitentiary, made and delivered to the said Tumlin four several orders on the Treasury of the State of Georgia for one hundred dollars each, to be paid out of the first quarter's salary of the said Nelms for each of the four years, to- wit : 1877, 1878, 1b79 and 1880 ; that the first of the aforesaid orders was transferred by the said Tumlin to \Y. B. Lowe, and at maturity paid ; that the remaining three of the said orders were repudiated, and the payment thereof forbidden by the said John \V". Nelms.
Your committee cannot -pass this conduct of a high official of the State of Georgia without bringing it to the notice of your body; and while they are not fully prepared to say that the aforesaid conduct constitutes the technical crime of farming offices, they must say that they earnestly condemn such practices, because they are satisfied that if they are not checked by the unqualified condemnation of your body, they will lead to the vilest corruption, disgrace and degradation in the highest offices in the State.
Inasmuch as the action of your committee in privately conducting the investigation submitted to them bas been criticised, your committee beg leave to state that every opportunity was given to the Principal Keeper necessary to a fair hearing before our body. All witnesses, whose names were furnished to the committee, were subpCEned for h~m, aud each examined on any

1494

JoURNAL OF THE HOUSE.

line indicated by him, and such questions asked as he submitted in writing, that the evidence of each witness was subject to his review, and such others subpcened or the same witnesses recalled as he might desire to be further examined ; the committee declining at all times to allow the said Nelms or other persons, except the witnesses under examination, to be present during its deliberations.
From a careful and impartial consideration of all the testimony, your committee are of the opinion that the evidence shows that the Principal Keeper l>as grossly abused the authority and powers of his office by prostituting the same to his own private gain, and that he has, therefore, forfeited his right to the high position of trust which he occupies. We, therefore, recommend that your honorable budy take such action as may seem proper in the premises.
Respectfully submitted. F. CH.DIBERs, Chairman; J J~SSE W, WALTERS, LOUISE F. GARRARD, ANDRRW E. TARVER.

REPORT NO. 2.
Mr. Speaker:
The undersigned, members of the Special Committee appointed to investigate the office of the Principal Keeper of the Penitentiary, beg leave to submit the following report :
The evidence is voluminous. In relation to some mat. ters there is an apparent conflict in the testimony of some witnesses of unimpeachable integrity, an unques tioned veracity. The mode ot conducting the investigation, adopted by the committee, excluded all parties from the committee-room except while testifying. 'rhe

MoNDAY, SEPTElllBER 15, 1879.

1495

rigid enforcement of this rule during the entire investigation readily accounts for the apparent. discrepancies in the testimony, and such discrepancies will always be the result where parties are denied the right of examining and cross-examining witnesses. Since such proceedure refreshes the recollection of the witness, and by directing his attention to some statement inadvertently made, enables him to correct it. Of course, we do not impute improper motives to any one who testified, as these seeming mistakes resulted from this inquisitorial proceeding which excluded all oppor tunity of explaining them.
Truth is developed by diligent research, and the only proper rule for the conduct of this investigation would have been that which the custom of our ancestors has hallowed-which the genius of our institutions has sanctioned, and the legislative enactments of our State have established, and that is the permitting of parties at issue to be confronted with the opposing witnesses. This rule would have enabled the Principal Keeper and the complainants to develop the whole truth touching the matters in dispute, and the only justification for the non observance of this rule on the part of the committee to economize time and save the trouble and expense of recording much irrelevant matter.
vVe have endeavored to reconcile conflicting statements. 'Ve have weighed the testimony on either side ; considered the intentions and interest of each particular witness ; noticed the fact as to whether his statement was for or against himself; made allowance for the defects resulting from this particular method of investigation; examined the whole question in the light of the evidence, as explained by surrounding circumstances, and thus arrived at conclusions which to us seem reasonable and just.
One of the points urged against the Principal Keep-

1496

JouRNALoF THE HousE.

er of the Penitentiary is that he has not faithfully discharged his official duties, on account of his failure to visit once a month all the camps where the convicts are worked by the lessees. This he admits he has failed to do. W'hile this is required by the act of 1'376, there are other requirements made of the Pri11cipal Keeper by the Code that are equally obligatory, and as all the legislation on this subject must be construed together, we do not understand that the provisions in the act of 1876 repeal any of the Code relative to his duties. The act of 18i6 only imposes additional duties upon the Principal Keeper, and requires the performance of acts that were not required prior to that time. The Principal Keeper states very frankly that he has not visited the camps once a month, but that he has been prevented from doing so by the discharge of other duties
equally obligatory upon him. Among such other duties are the following:
It is made his duty by law to receive the reports of all convictions, to send his guard out to collect all convicts from the different counties, and send them to the different lessees ; see that the lessees pay the expPnses of the transportation; to take the description of each convict; to see that the records are all sent up and properly filed in his office ; to see that the good time of each convict is properly and fairly kept, and report the same to the Governor, so that the discharges may be ordered at the expiration of each term, allowing each convict his good time; to conduct all the correspondence of this office, replying to all legitimate inq niries made with reference to convicts by the citizens of this State or elsewhere, and give all proper information ; to make an annual report to the Governor, which is tt> be laid before the General Assembly, giving the condition of everything connected with the Penitentiary ; to keep his owi+ books, showing the name of each convict,

MONDAY, SJWrK)IBER 15, 1879.

1497

where he is from and where he is at work, so that there may be a ready reference in case a member of the Legislature, or any one else, should ask about a convict, he should at all times be r(:'ady to give the information. The Principal Keeper states in his examination that it would take about twenty-five days in each month to make the round and examine all the convicts, scattered as they are in the different parts of the State, from the island on the sea coast to Dade county in the mountains. It seems to the undersigned that the law requires of the Principal Keeper more than it is possible for one man to perform ; he cannot be at all the places and attend to all the duties required of him at the sam~:o time, as his duties are often in conflict. We would respectfully suggest that it would be proper that some provision be made relieving him of a part of those duties. This could be done by appointing an inspectvr to go over the State &.nd makP the inspection, or it could be done by the appointment of wardens, as proposed by the Penitentiary Committee. It seems to our minds very clear that something is necessary to relieve this office of the conflicting duties which are imposed upon the Keeper.
The next allegation against the Principal Keeper, which we will notice, is the charge that he divided his salary after he became Principal Keeper, for a time, with the late CoL Robt. A. Alston, and that he gave
his notes for certain sums of money to Col. wm. M.
Tumlin, as the evidence seems to show, for the purpose of getting Tumlin out of the way as an applicant for the office of Principal Keeper while the testimony of Capt. Nelms indicates that it was done to appease Tumlin when he was very angry with the administra tion on account of his failure to get the appointment. Capt. Nelms swears distanctly that there was no contract or agreement between him and Alston about it in
9o

1498

JouRNAL OJ!' THE HousE.

advance of the appointment, and t11at it had nothing to do with the appointment, but that he did it because Alston was in great need at that time, and they were special friends. \Ve know nothing in law or morals which would prevent an official from giving away a portion of his salary to a friend. So far as the other matter is concerned, of giving the notes to Tumlin for the purpose alleged on either sidt>, we cannot give it our sanction, and the practice of diffP-rent applicants for the> sanie office, uniting their influence, and one paying the other a consideration to withdraw from the contest, although sanctioned by long established precedent is not a commendable one, and we would prefer to see it discontinued.

The point has been made against Capt. Nelms, Principal Keeper, that be sought to purchase an interest in the convict lease of Penitentiary Company No.3. The evidence on this point amounts to this: that on more than one occasion Nelms said to members of that company that he would like to have an interest in their company, and that he could make it to their interest, but, on further reflection, when the stock was offered to him, and if he did not ehoose to take it in his own name it was snggt>sted to take it in the name of his son, he declined to purchase while holding the office of Principal Keeper. Our conclusion on this point is that the Principal Keeper is not a stockholder in Penitentiary Company No. 3, and that he has never been, and that he has not abused his office on account of such ownership, we are unable, therefore, to see how we can justly censure the Principal Keeper for abuse of official authority on this point.
The only remaining point which seems to the undersigned. to deserve attention is the contract alleged to have been made between the Principal Keep~r and the

MoNDAY, 8EPTE!IIBER 15, 1879.

1499

lessees of the convicts, and the facts connected with the delivery.
As already stated in a former part of this report, the law requires the Principal Keeper, acting under thfl Governor, to deliver the convicts from the jails to lessees, and it requires the lessees to pay the expense of the d"'1ivery. It is a question of delivel'ing on one sicle by the Keever, and the payment of the expenses of delivery on the other side, and we are unable to see that the public. or any other party, has any interest in this question so long as the delivery is made without expense to the State.
Again, it seems to the undersigned that it is a matter in which the public has no interest, whether the Keeper sends a guard to the jails an'l gathers up the convicts, and sends with each an itemized account of the E>xpenses incurred in the delivery, or whether the Keeper and the respective companies agree that the former shall deliver the convicts at a certain amount per head, as was don\ in this case.
This seems to us to be a legitimate subject of negotiation and contract between the Keeper and lessees. In fact, we are unable to see that there is any moral or legal principle involved in this matter; it is simply a matter of delivery upon the one hand and of dollars and cents on the other, and is properly the subject of negotiation between the parties, involving neither legal nor moral questions of interest to the State. It is in proof that a contract was made. between the Keeper and Col. Tom. Alexander, as President of Penitentiary Company 3, and Gov. Joseph E. Brown, President of Company 1, which contract seems afterwards to have been acquiesced in by the President of Penitentiary Company No. 2, and Gen. Phillips representing the North Georgia Railroad Company. This contract was made on the basis of twelve dollars per head for each

1500

JOtTRNAL OF THE HOUSE.

convict delivered by the Keeper at the Penitentiaries of the several companies, and was to include the distribution under the new lease, which was to take effect on the 1st of .April, 1879. The evidence is that Nelms refused to make th'3 contract on the basis of twelve dollars per head, unless it included the delivery in bulk the 1st of April, when the new lease went into effect, and this was adopted as the basis of the contract. Gov. Brown, Captain Nelms and :Mr. Elder swear positively that the contract was as above stated.
But the question is raised whether the Keeper did not abuse his authority, by U:5ing his office to enforce the contract, and it is denied that he had any authority to carry the convicts to :Macon for distribution, as he proposed to do if Company 3 did not carry out its contract. On this point we submit the following suggestion!": The old le8sees held the convicts, under a contract with the State, up to the 1st of .April, 1879. The new lease was to take effect from that time. .And it is a very plain proposition, then, that on the 1st of .April, 1879, none of the old lessees controlled as owners or had any right to a convict in Georgia. These contracts having expired, the whole of the convicts were thrown back into the hands of the State for the Governor and Keeper to distribute to the new companies, in accordance with the statute and their respective contracts. The law requires that the long-term ablebodied men should, if possible, be employed at mining, railroading, canals, quarries, or making brick. It provides for the location of a Penitentiary on an island, or at such other place, if that is not practicable, as the Governor may designate ; and in case there are more companies than one leasing the convicts, of course each is to have its penitentiary ; and those that are not ablebodied are to be worked at such pursuits as they are adapted to, at the respective penitentiaries; and plant-

MoNDAY, SEPTEliiBER 15, 1879.

1501

ing or plantation work is permitted to each company at its penitentiary, but not elsewhere.
It was, therefore, cleatly the right of the Governor or Principal Keeper on the 1st day of April, or as soon as practicable thereafter, to order the whole of the convicts assembled at such place as they might designate, where they might be examined, and the long-termed, able bodied men, to the nnmber of 300, delivered to Company No. 1, in accordance with its contract; and the others, after being classified, as to those that worked on the plantation, delivered to the other two companies, and then it would have been the business of the respective companies to carry them to their respective peniteJJ tiaries.
But there is nothing in the law making it imperative on the Governor and Keeper to adopt this course. It was a matter of discretion with them. They might, with the consent of the lessees, adopt a more convenient course for all parties; one that would not take the men for a time away from their places of employment, and that plan seems to have been adopted-the Keeper sending his physician to the camps, examining the convicts, making such changes as were found to be necessary.
If he adopted this course it was fl)r his own convenience and that of the lessees, and if he carried the convicts from their location to the penitentiaries, making the proper division under the three contracts, then, in our minds, there could be no question about the fact that he was entitlea to his $12 per head for doing so; and if either of the companies, in the teeth of its contract, chose to act in bad faith and refuse to pay the Keeper what its President had agreed to pay, it was his right in such case to carry out the contract literally, delivering the convicts at the penitentiaries, taking them first to Macon, or elsewhere if he chose, and

1502

JouR.NAL oF THE HousE.

charge the company up with $12 per head, and if it

refused to pay, he would havP. had a right to bring suit

aud recover the amount under the contract. If they

thought proper to pay him $8 a head rather than have

them removed, why had not the parties a right to

make a compromise for the mutual convenience of

both~



We confess we see no reason why the parties should

not have his right, and we see no oppression in the act

of the Keeper, who simply required that the lessees

should carry out, in good faith, his contract. But the point is further made that the convicts at Old

Town were already at Penitentiary No. 3, and that he

lmd neither the right to remove them, nor require the

profits on his contract by an agreement not to remove

them. 1Ne are satisfied this l)Osition is erroneous.

The act of 1876 make it the duty of the Governor to

locate the penitentiaries. By reference to the Execu-

tive minutes, it will be seen that an order, passed loca-

ting Company No. 3 is in these words: "In accord-

ance with the authority vested in the Governor by the

third section of the act of 1876, the application of the

said Penitentiary Company No. 3 is nereby granted,

and that the penitentiary of said company be located

at Scull Shoals, in Greene county, State of Georgia."

And this is the point under the contract where the con-

victs of the company were to be delivered by the Keep

er at 812 per head. 'Vhile we bold that the keeper and officers of Com

pany No. 3 had a right to make a compromise for mu-

tual convenience, and leave the convicts at Old Town,

we hold that it was the right of the keeper, unless such

agreement was made, to deliver tlwm at a common

point designated either by him m the Governor, and

take them thence to Company No. 3, or to carry them

directly there and charge the lessees with the $12 per

head, as agreed upon by the contract.

MONDAY, SEPTE~fBER 15, 1879.

1503

But it was claimed that these convbts were already at Penitentiary Company No. 3. This is a great mistake.
These same convicts were owned and controlled by W. D. Grant nnder his old lease, and Penitentiary No. 3 had no control over them and nothing whatever to do with them. They had reverteC: to the State and were still in the hands of the State at the time that this agreement for $8 per head was made. They never became a part of Penitentiary Company No.3 until they were regularly and legally turned over to the company by the keeper. He might have left them by agreement with the lessees at Old Town, or removed them at his option, and he had a perfect right to take others in their places to Greene county, and there turn them over and collect under his contract $12 per head. They had never been in the possession of Company No. 3, and Grant's ownership and control ceased on the night of the 31st of March, 1879. There was no restriction put upon the keeper by law. He had a right to ext>rci~e a sound discretion in this matter, and distribute them under the statute and contract as he might deem proper. Company No. 3, therefore, Lad no right to these convicts and no claim upon them until assigned to that company by the keeper. It is said that the Governor had passed an order allowing Company No. 3 to have a branch at Old Town. This we admit, but we confess that we are at a loss to know upon what legal authority the Governor can establish a branch.
Penitentiary Company No. 3 can work its ablebodied men on railroads, canals, etc., but the law makes provision for but one penitentiary tor that company. But wP are informed, in fact, that tlw ordPr of the Governor was made tor the accommodation of "'\V. D. Grant, and was limited by its terms until the meeting of the Legislature, subject to its approval or dis-

1504

JOURNAL OF THE fiOUSE.

approval. Therefore, it was not an established branch of Company No.3 permanently, and if it had been, it was not the contract of Alexander, the former president of that company, to pay $12 per head for convicts delivered to the branches or camps belonging to that company, but he was to pay ~12 per head for all convicts delivered to Penitentiary No. 3, in Greene county, and there tlH~ law fixes their penitentiary, and there only.
An attempt is made to analogize these camps, which were eighty miles apart, to three camps in Dade county. The order there is that Penitentiary No.1 be, and is hereby, located at the Dade County Coal Mines, in the county of Dade, in the 19th district and 4th section Dade county, State of Georgia. The order does not say: " The Dade Coal MinP," it says 'The D'1de Coal Mines." They are the company's property, some three miles apart, and are known as Penitentiary Company No. 1, and these lessees have the right to work on their own land in Dade county. Tl-:.ey are not bound to keep their convicts in one house or banacks at night. They have the right to work these convicts at these mines, and have comfortable barracks to shelter them, and keep them at the mines without being compelled to keep them all at one place.
Governor Brown swea;rs that he would have felt bound by the contract to 1pay 812 a head for the convicts, delivered at the mines, if he had been working them but one mile from his penitPntiary.
Just so in case of Company No. ~ ; it bas the right, under the law, to work its convicts upon lands owned by said Company No. 3, in Greene county, adjacent to its penitentiary. But the Scull Shoals plantation was not large enough to embrace the Old 'rown plantation, eighty -.niles away, which did not belong to Penitentiary Company No. 3. It is very clear, therefore, that

MoNDAY, SEPTE:\t:BER 15, 1879.

1505

the contract above referred to gave to the Principal Keeper twelve dollars a head on convicts delivered to Penitentiary No. 3 from the old lessees to the new.
Having analyzed the evidence carefully, and discovered what we believe to be the true state of affairs, we suggest that the Principal Keeper is guilty of nothing more than following a reprehensible precedent, and we conclude with expressing the opinion that beyond censuring such conduct, further action is unnecessary.
Respectfully submitted, T. J. IvEY, M. A. B. TATUl\I, T. J. BuTT, D.P. PATTERSON.

REPORT NO. 3.
.Mr. Speaker :
The undersigned, one of the special committee of nine selected to investigate the office of the Principal Keeper of the Penitentiary, after a careful consideration of the testimony submitted, cannot condemn every offieial act of said officer, neither does the testimony authorize me to say that he is entirely blameless in the discharge of the duties of the position. In most particulars said officer has been faithful to his trust, and has executed the law, as interpreted by his superiors.
The first inqHiry made by your committee, after its organization, was in reference to a contract made by said Principal Keeper of the Penitentiary, .vith the lessees of the State convicts, concerning the delivery'of said convicts from the jails of the different counties, to the different camps, establi:-.hed by law. The testimony herewith submitted establishes the fact that a contract was entered into by the Principal Keeper ot the Penitentiary with the lessees of the convicts that for a cer-

1506

JoURNAL OF THE HOUSE.

tain sum, to-wit: $12 per head, the said Principal Keeper, by himself, or guard, should deliver to the various camps established by law, all convicts from the jails. The testimony shows that the contract was made a short time after the Principal Keeper of the Penitentiary was appointed and qualified, and the testimony further shows that the contract was observed anil carried out in all its parts, both by said official and the lessees, until the act approved February 25, 1876.
In carrying out the act of the General Assembly under which the present convict system is operated, and which went into force April 1, 1879, a dispute arose between some of the lessees and the Principal Keeper as to the contract, the latter contending that the delivery meant all convicts from the jails, and those in camp to be distributed under said act, and the lesseel:l, or a portion of them, alle>ging and contending that the contract to deliv~>r said convicts at 812 per hf>ad, covered only those brought from the jails, and not those in camp April 1, 1879.
The testimony as to that feature of the contract is very conflicting, and under the rules of law and evidence I am unable to reconcile the same, and cannot determine whether that featurA of the contract existed or not without attributing perjury to witnesses who appeared and were sworn before the committee ; neither is it necessary that this committee should decide whether said contract was made or not.
The Principal Keeper understood the contract to include both classes of convicts-those from the jails, and those to be remov~>d or re-distributed under the act approved February 25, 1876, and which went into operation Aprill, 1879. He not only understood, and so construed the contract, but forced compliance with its terms.
It is my judgment that such a contract as the one al-

MoNDAY, SEPTE~fBER 15, 1879.

1507

leged should not have been made, and inasmuch as the law requires' the lesRees to pay the expenses, or transportation, of all convicts, it was perhaps a matter of both convtmience and economy to the lessees to make such a contract. The testimony shows that Penitentiary Company No. 3 were required to pay the twelve dollars per head on convicts not removed, or the convicts would be carried to :i\faeon, Ga., alld then re-distributed. Rather than submit to the removal, the lessees compromised the matter by paying the sum of eight dollars per head.
J cannot conscientiously approve the course of the Principal Keeper in this matter. "\Vhen the parties differed in their construction of the contract, the whole matter should have been submitted to the courts for acljustment. An official of this goVfrnment has no more remedies under the law for the enforcement of his private contracts than a private citizen. The courts of the country are open to all alike, both the weak and strong, and to the courts the aggrieved and wronged must look for protection of lifE', liberty and property. By the courts this contract should have been construed and enforced, and the courts alone have jurisdiction of the same.
The law requires the principal Keeper of the Penitentiary to visit the various penitentiary camps once a month in the capacity of inspector.
This part of his duty has not been complied with, but I must say that other duties equally obligatory prevPnt as frequent inspections as the law requires. I cannot imagine any d11ty more important, connected with the present convict system, than this. The present system is a disgrace to the civilization of the age, and the enforcement of the law in this regard, in my opinion, will relieve it of some objections that are now urged against the system.

1508

JOURNAL OF THE HoUSE.

It is required of this official that his office be kept open at all hours, and for this reason he is unable to make the monthly inspections required by law.
The testimony develops nothing further that authorizes comment, and, therefore, suggests the adoption of the accompanying resolution.
L. B. ANDERSON.

Resolved, That the testimony taken by the Special Committee of Nine, appointed by the Speaker, on the office of the Principal Keeper of the Penitentiary, be certified as correct, and by the Chairman of the Com mittee laid before his Excellency, the Governor, and that his Excellency, the Governor, be, and is hereby, requested to take such action in the matter as the facts therein justify.

On motion of Mr. Chambers, the consideration of the resolution submitted by said committee, with the reports, was made the special order for .f<'riday next, immediately after the reading of the Journal, and five hundred copies of the reports and the resolution were ordered printed for the use of the House.
The following bill was read the third time; the evidence of the publication of the notice required by law was exhibited, and the bill passed by the requisite constitutional majority ; yeas 95, nays none; to- wit:
A bill to repeal the acts creating and organizing County Criminal Courts for the counties of Bartow and Washington, and to provide for the transfer of the business pending in said courts.
The following bill was read the third time; the evidence of the publication of the notice required by law was exhibited, and the bill passed by the requisite constitutional mjority, yeas 98, nays none, to-wit:
A bill to amend an act to amend an act to establish a City Court in the City of Atlanta, approved, Decem-

MoNDAY, SEPTEMBER 15, 1879.

1509

ber 15, 1871, approved February 25, 1874, so far as to provide that the Judge of said court shall receive a salary of two thousand dollars per annum.
The following bill was read the third time ; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority; yeas 106, nays none, to-wit:
A bill to change the time of holding the Superior Courts of the county of Fayette.
The following bill was read the third time; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority; yeas 100, nays none, to-wit:
A bill to authorize County Commissioners in the several counties in this State to appoint their own clerk, and to define his duties.
The following bill was read the third time, to-wit: A bill to encourage immigration to Georgia, and for other purposes. On a division, the yeas were 54, nays 37; the requisite constitutional majority not voting in the affirmative, L.te bill was lost. The following bill was, on motion, laid on the table, to-wit: A bill for the mutual protection of vendors and purchasers of fertilizers, and to prevent fraud in the manufacture and sale of the same. On mbtion of Mr. Miller, of Houston, the House then adjourned till 3 o'clock, P. M.

3:30 0' CLOCK P. l\L
The House reassembled, and was called to order by the Speaker.
On motion of Mr. Miller, of Housto.n, the report of

1510

JouRNAL OF TR~ HousE.

the Attorney-General, in response to a resolution of the Hottse, repmted back from the Finance Committee, was referred to the special committee to investigate the amount of fees paid counsel in railroad tax cases.
The following leaves of absence were granted: Messrs. Hamilton, Riden and Harris, on account of sickness; and Mr. Phillips, of Carroll, to visit his family.
On motion of Mr. Dicken, the following bill was taken up, to-wit:
A bill to provide for the creation of Boards of Commissioners of Roads and Revenue in the counties of Cobb, Dooly, Henry, Paulding, Telfair and \Vashington, in this State; to prescribe their powers and duties and to limit their compensation and the pay of officers employed by them.
On motion of Mr. Brintle, "Paulding" was stricken out of the bill and caption.
On motion of Mr. Phillips, of Cobb, the words ''not to exceed seventy-five dollars per annum," in the 5th section, Wl-'re stricken out.
The bill was read the third time ; the report of the committee, as amended, was agreed to, and the bill passed as amended, the evidence of the publication of the notices required by law having been exhibited, by the requisite constitutional majority; yeas 109, nays none.
The following bill was laid on the table, to-wit: A bill to repeal an act reducing the corporate limits of Waycross. The following bill was read the third time, the evidence of the publication of the notice required by law
was exhibited and the bill passed by substitntt:>, by the requisite constitutional majority; yeas 102, nays none, to-~it: A bill to incorporate the Thomasville H.ailroad Company, and grant certain privile~es.

MONDAY, SEPTEMBER 15, 1879.

1511

The following bill was read the third time, the evidence of the publication of the notice required was exhibited, in compliance witl.t the law, and the bill passed by substitute by the requisite constitutional majority; yeas 105, nays none, to-wit:
A bill to authorize the erection of a Court-House for the county of Fulton, and the creation of a debt by the issue of bonds or otherwise, and the levy of an extra tax for said purpose.
'rhe following message was received from his Excellency the Governor, throug;h Mr. Avery, his Secretary, to-wit:
Mr. Speaker :
His Excellency, the Governor, has approved and signed the following acts, to-wit:
An act to amend the law in relation to " court contracts" as contained in sections 2758 to 2772, inclusive, of the Revised Code of 1873, so as to confer upon the Courts of Ordinary in such counties as have no County Court, the power and jurisdiction to file, enforce and determine court contracts, and for other purposes.
Also, an act to prevent the destruction of game in the county of Jones, in this State, and for other purposes.
Also, an act to change the time of holding the Superior Courts in the county of Houston from the the fourth Monday in May and N o"ember to the first Monday in April and October, and to make all proceedings in said court returnable to next November term returnable to the October term herein fixed.
.Also, an act to authorize the Ordinary of Clarke county to issue four per cent. bonds to substitute for county bonds now outstanding.
.Also, an act to authorize the Ordinary of Fulton county to enter into a contract with the owner of the

1512

JOURNAL OF 'l'HE HoUSE.

.Abstract of Title of Fulton county to furnish said abstract book, and keep up the same for the benefit of the people of said com1 ty.
The following bill was read the third time ; the report of the committee, as amended. was agreed to; the evidence of the publication of the notice required by law was exhibited, and the bill passed, as amended, by the requisite constitutional majority ; yeas 108, nays none, to-wit:
.A bill to incorporate into the corporate limits of the city of .Albany, Ga., the grounds of the Southwest Georgia Industrial Association for park and police purposes, and to authorize said city to keep said grounds in repair.
The following bill was read the third time ; the report of the committee was amended and agreed to; the evidence of the publication of the notice required by law was exhibited, and the bill passed, as amended, by the requisite constitutional majority; yeas 101, nays none, to-wit:
.A bill to empower th2 County Commissioners of Coweta county to purchase the bridge at Moore's ferry on the Chattahoochee River, and for other purposes.
'rhe following bill was read the third time; thereport ofthe committee was agreed to; the evidence of the publication of the notice required was exhibited, and the bill passed, by substitute, by the requisite constitu tional majority ; yeas 97, nays none, to- wit :
.A bill to repeal an act creating a Board of Commissioners of Roads and Revenues for the county of Paulding, approved December 13, 1871.
The following bill was read the third time ; the report of the committee was agreed to; the evidence of the publication of the notices required by law was exhibited, and the bill passed, by substitute, by the requisite constitutional majority; yeas 9;-{, nays none, to-wit:

MoNDAY, $EPTEIIIBER 15, 1879.

1513

A bill to entirely prohibit the sale of spirituous and intoxicating liquors within the boundary lines of Irwin county.
The following bill was laid on the table, to-wit: A bill to repeal an act reducing the commissions of Tax-Collector and Receiver and Treasurer of Clay county.
The following bill was read the third tjme; therepor-t of the committee was agreed to ; the evidence of the publication of the notice required by law was exhibited, and the bill passed, as amended, by the requisite constitutional majority; yeas 94, nays none, to-wit:
A bill to rPpPal section 1 of an act to amend the charter of the city of Milledgeville, approved February 15, 1876 ; to confer additional powers on the Mayor and Council of said city, and to change the time for holding elections for Mayor and Aldermen and Clerk ot said city.
The following bill was read the third time ; the evidence of the publication of the notice required by law was exhibited ; the report of the committee was agreed to, and the bill passPd, as amended, by the requisite eonstitutional majority; yeas 97, nays none, to-wit:
A bill to amend an act to incorporate the town of Social Circle, in the_ county of 'Valton, and to appoint Commissioners, and to. point out the mode of electing Commi~sioners, approYed :March 18, 1869, wherein the taxing power conferred by said act incorporating said town shall be enlarged, and further corporate powers and privileges, herein named, may be exercised by said town.
The following bill was taken up; the evidence of the publication of the notice required by law was exhibited ; the report of the committee was agreed to, and the bill read the third time, to-wit:
A bill to empower the authorities of the city of Da96

lb14

JouRNAL OF THE HousE.

rien,.in this State, to compel wharf owners to keep their wharves in good order; and to compel owners of improved lots to construct and keep in repair pavements, and to adopt and enforce certain other sanitary measures on the recommendation of the City Board of Health.
Mr. DuBose moved to recommit the bill, which motion did not prevail.
Mr. Adams called for the yeas and nays. The call was sustained, and on calling the roll the vote was as follows :

'!'hose voting in the affirmative are Messrs.-

AdamR,
Ander8on of :Morgan, Barksdale,
Bell, Bird, Bleck ley, Branch, Brantley,
Brintle, Burch of Laurens,
Burch of Towns, Butt,
Chapman, Colley, Cox of Harris,
Cunningham, Daniel, Davison,
DeLoach Dozier,
DuBose,
Elder, Fazgerald, Ford,
Fulle~,
Garrard,
Gray, Glover, Greene of Baldwin,
Greene of 1\Iadison,
E.ammontl,

Hanks, Harrell,
Harp, Hogan, Ho ,,ell of Lowndes,
HudHon. Hutchins, Irv''le,
Jordan of Crawford, Kendrick,
King, Kirby, Lamb,
Lang, Livingston, l\Iaund,
M~A.fee,
:\IcConnell,
McGouirck, 1\lcLucas,
1\Iiller of Houston, :Miller of Liberty, Nisbet,
Northern, Paine, Patterson, Pad!,
Perkins Phillip; of Carroll,
Phillips of Cobb,
Phillips of Coffee,

Phinizy Polhill,
Pope, Poppell,
Pucke<t, Rankin,
Redwine Russell, Sl1annon Sharman
Sikes,
Simm~,
Smith of Butts, Smith of Walton, Strickland of Bryan,
Strickland of Clinch, Taliaferro,
Tarver,
Tate, Thomas, Toole,
'Veeltunt, Welch, Wheeler,
Wilcox, Williams, F. J Willingham,
Wilmot, Wilson. Zellner.

Those voting in the negative are Messrs.-

Butler, Duggar,

Pike, Rogers,

Yancey,

MONDAY, SEPTEMBER 15, 1879.

1515

Those not voting are Messrs.-

Anderson of Newton, Anderson of Pulaski,
Awtry, Barron, Bennett,
Berry, Born, Buchan, Cannon,
Carr, Chambers,
Clej;{g, Collins,
Cook, Cox of Troup,
Crawford, Davis of Baker, Davis of Houston,
Dickin, Dupree, Duvall, Farnell,
Fletcher,
Fort, Gammage, Grant,

Hall, Hamilton. Harris'
Harrison,
Henderson, Hill, Hollis,
Howell of Pickens, Hulsey,
Humber, lvey, Janes,
Johnson of Clay, Johnson of Johnson, J oPdan of Wilkes,
Kimsey, Luffman, 1\-Iathews,
McCurry, McDonald, McRae,
l\1cWhorter, Milner, Mitchell,
Mynatt, Oliver,

Yeas, 92. Nays, 5. Not voting 77.

Park, Peacock, Prescott, Reese,
Riden, Roach,
Roberts, Roney,
Scru~gs,
Sheffield of Early, Sheffield of Miller,
Sibley,
Smith of Oglethorpe, Strother, Tatum,
Turner of Brooks, Turner of Coweta, Vick,
Wall, \Valters,
Walton, Westbrook,
Williams of Columbia, Williams, C. W. Wright.

So the bill was passed by the requisite ccmstitutional majority.
On motion of Mr. Nisbet, House bills Nos. 600 and 602 were taken from the table and placed in their order on the calendar. t
On motion of Mr. King, the House then adjourned till 9 A. M., to-morrow.

1516

JOURNAL OF THE HousE.

ATLANTA, GEORGIA,

Tuesday, September 16, 1879.

'l'he 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 answered to their names :

'l'hose present were Messrs.-

Adams, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Awtry, Barksdale, Bell, Bennett, Berry, Bird, Bleckley, Born, Branch, Brantley, Brintle, Burell of Laurens, Burch of Towns, Butler, Butt, Cannon, Carr, Chambers, Chapman, Colley, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, Dani<l1 Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, Dozier, DuBose,

Greene of Ba.dwin, Hall, Hammond, Hanks, Harrell, Harp, Harris, Harrison, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Hutchins, Irvine, lvey,
Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Livingston, Luffman, Mathews. Maund, McAfee, McConnell, McCurry, McDonald, McGouirck,
McLucas,

Perkins,

Phillips of Canoll,

Phillips of Cobb,

Phillips of Coffee

Phinizy,

'

Pike,

Polhill,

Pope,

Poppell,

Puckett,

Rankin,

Redwine,

Reese,

Roach,

Roberts,

Rogers,

Roney,

Russell,

Scruggs,

Shannon,

Sharman,

Sheffield of Early,

Sibley,

Sikes,

Simms,

Smith of Butts

Smith of Oglethorpe,

Smith of Walton,

Strickland oi Bryan

Strickland of Clinch,

Strother,

Taliaferro,

Tarver,

Tate,

Tatum,

Thomas,

Toole,

Turner of Brooks,

TUESDAY, SEPTEMBER 16, 1879.

1517

Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, :Fletcher, Fcrd, Fort, Fuller, Gammage, Garrard, Grant, Gray, GloTer, Greene of Madison,

McRae, Mc'Whorter, Miller of Hou~t""'
Miller of Lituty,
Milner,
Mitchell. Mynatt,
Nisbet,
Northern, Oliver, Paine,
Park, Patterson, Paull,
Peacock,

Walters, 'Walton, Weehunt, Welch, Westbrook, Wheeler, Wilcox, Williams of Columbia,
Williams. F. J, Willingham, Wilmot, Wilson, Wright, Yancey, Zellner.

Those absent were Messrs.-

Barron, Buchan, Clegg, Hamilton,
Hender~on,

Humber, Jordan of Wilkes, Prescott, Riden, Sheffield of Miller,

Turner of Coweta, Vick, Wall, Williams, C. W.

Present, 160. Absent, 14.

Mr. Welch, from the Committee on Journals, reported the Journal of yesterday examined and approved. The Journal was then read and confirmed.

Mr. DuBose gave notice of a motion to reconsider. Mr. Butler gave notice of a motion to reconsider. Mr. Butt offered the following resolution, which was read and referred to the Committee on Rules, to wit:

A resolution-

Restricting the introduction of new matter.

On motion of Mr. Johnson, of Clay, House bill

number 835 was taken from the table and placed in its

order on the calendar.

-

Mr. DuBose moved to reconsider so much of the

Journal as relates to the action of the House upon a

bill to encourage immigration to this State.

The motion to reconsider prevailed.

1518

JotTRNAL OF THE HOUSE.

Mr. Butler moved to reconsider so much ofthe Journal as relates to the action of the House upon a bill to require wharf owners to keep their wharves in good order, and to confer additional authority upon the authorities of the city of Darien.
Mr. Adams moved to lay the motion to reconsider on the table.
The motion prevailed. Mr. Fort, of Sumter, chairman pro tem. of the Committee on the Judiciary, submitted the following report:
Mr. Speaker :
The Committee on the Judiciary have had under consideration the following Senate bill, which they recommend do pa~s, to-wit :
A bill to be entitled an act 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 J ndge is disqualifie d.
The committee have also bad under consideration the following local bills, which they recommend do pass, to-wit:
A bill to be entitled an act to reduce the bond of the Sheriff of "\Vayne county, in this State, and for other purposes.
Also, a bill to be entitled an act to prohibit the making or selling of any spirituous liquors within two miles of any church or place of public worship in SheffiPld District, in Rockdale county, of this State.
Also, a bill to be entitled an act to repeal an act, approved February 26, 1877, creating a Board of County Commissioners for the county of "\Vare.
The committee find that the proper notices required by law have been given of intention to apply for the passage of these three local bills.

TuESDAY, SEPTEl\rBER 16, 1879.

1519

The committee have also had under consideration the following bill, which they rPcommend do pass, as amendPd, to-wit :
A bill to be entitled an act to amend section 281 of the Code.
The committee have also had under consideration the following bill, which they report back with the recommendation that the introducer be allowed to withdraw it, to-wit:
A bill to be entitled an act to confer additional pow~ ers upon the Tax-Collector, of BakPr county, and to make said Collector ex-officio Sheriff in certain cases, and for other purposes.
The committee find that the proper notices required by law have been given of intention to apply for the passag~ of this bill.
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 requirl Surveyors,
State and county, to run land lines with reference to the variations of the magnetic needle.
ALLE:N" FoRT, Chairman pro tern.

Mr. Paine, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker :
The Committee on EnrollmPnt report as duly en~ rolled, signed by the President of the Senate, and ready for the signature of the Speaker of the House of Representatives-
An act to prescribe the times of holding the Superior Courts of the Eastern District.
vV. w. PAINE, Chairman.
On motion of Mr. Cunningham, the rules were sus~ pended, and by a two-thirds vote, yeas 110, nays none,

1520

JOURNAL Oil THE HoUSE.

the following bill was introduced, read the first time, and referred to the Committee on Finance, to-wit:
By Mr. CunninghamA bill to authorize the Ordinary of Milton county, Georgia, to borrow money for the purpose of paying for the building of a Court-House in said county, and to provide for the payment of said borrowed money.
On motion of Mr. Ivey, the rules were suspencled and the following bill read the second time, to-wit:
A bill to repeal an act, approved February 26, 1877, creating a Board of County Commissioners far the county of '\Vare.
The following message 1vas received from the Senate, through Mr. Harris, Secretary thereof :

Mr. Speaker:
The Senate has passed the following House bills: A bill to incorporate the Oconee River Steamboat Company. Also, a bill to allow the Board of Commissioners of Newton county to assess an additional tax over and above the amount now allowed by law for the year 1879. Also, a bill to amend an act to incorporate the town of Eastman, in the county of Dcdge. Also, a bill to amend section 2 of an act to incorporate the town of Hillsboro, in the county of FJoyd. Also, a bill to consolidate, amend and supercede the several acts incorporating the town of Carrollton.
The Senate has als0 passed the following House bills, with certain amendments, to-wit:
.A. bill to carry into effect paragraph 5, section 2, article 5 of the Constitution, and to prohibit the State Treasurer, or any other officer of this State or county, from using directly or indirectly any money of the State.

TEESDAY, SEPTEllfBER 16, 1879.

1521

Also, a bill for the relief of Benjamin F. Mathews, of the county of Chattahoochee.
Also, the Senate has agreed to the report of the second conference committPe on a bill to exempt from jury duty ministPrs of the Gospel. physicians, apothecaries, school teachers, millers, ferrymen, certain railroad employees, all male persons over sixty years of age, and all telegraph operators.
Mr. Mynatt, chairman of the Committee on Corporations, submitted the following report:
JI;Ir. Speaker :
The Committee on Corporations have had under consideration the following bill, which they recommend do pass, as amendPd, to-wit:
A bill to be entitled an act to provide for the compensation of the Ordinary of \Yashington county for services rendered by him without compensation, which were formerly performed by the Commissioners of said county.
Also, a bill to incorporate the Carnesville Railroad Company, and for other purposes.
The committee have also had under consideration the following bill, which they recommend do pass, to-wit:
A bill to amend an act to incorporate the town of Marietta, in the county of Cobb.
The committee report the proofs of publication as to each of said bills as sufficient.
Respectfully submitted. P. L. MYNATT, Chairman.

On motion of Mr. Mc-Whorter, the rules wPre suspended, and the following bill taken up, to-wit:
A bill to appropriate a certain sum sufficient to pay the expens<'S of the Special Joint Committee on Wild Lands.
Mr. McvVhorter moved that the House insist on its

1522

JOURNAL OF THE HOUSE.

disagreement to the Senate amendments and ask for a committee of conferance.
Mr. Paine moved that the House recede from its disagreement to the Senate amendments.
The motion to recede was lost.
The motion to insist on the disagreement and ask for a committee of conference prevailed.
The special order for the day, the resolutions reported by the committee to investigate the office of the Treasurer, was next in order.
The resolutions reported by the majority of the com mittee were read.
Mr. Colley sent to the Clerk's desk and had read for the information ot the House the following paper:

ATLANTA, GA., September 16, 1879.
To the House of Representatives :
In view of the proceedings recently had in your body, in connection with my department, I desire to present to your consideration the following facts:
I feel conscious of a faithful discharge of the duties of my office. No time or labor has been spared in protecting .the large interests confided to me. The people's money, to the last farthing, is now and always has been, since my official term commenced, on deposit to their credit in banks of undoubted solvency. I realize that my efforts for the welfare of my State have not been unavailing. But as I candidly and frankly stated to the Committee on the Treasury, I have received some commissions on the State's deposits, and it appears that a majority of that committee think that the public interests demand the infliction upon me of the severest penalty which can be imposed upon a public officer. If the public weal demands the sacrifice, and the law authorizes it, I have to say that it will not

TUESDAY, SEPTEMBER 16, 1879.

1523

be the first time that I have stood prepared to lay my

all, even to life itself, upon the altar of my State.

I am no lawyer, and per1laps not as careful a stu-

dent of our present Constitution as I ought to have

been. It is true, that I am legalIy charged with a

knowledge of its provisions, especially those that re-

late to my office ; but as a matter of fact, and as is the

case with many members of the bar, and of the Gen-

eral Assembly, my attention had not been called to

these provisions prior to October or November, 1878.

Since then I have not received a penny in the way of

commissions. All my conduct in connection with this

matter has been based upon an unbroken line of -prece-

dents running back to colonial days-a line of prece-

dents indorsed in the resolution of December 8, 1871,

in the most solemn and pointed manner by the General

Assembly. It is true that the Constitution of 1877

contains provisions of the most stringent character,

which you are now carrying into effect by an appro-

priate bill, and hence ~n accordance with the spirit of

that instrument and of your legislation, if you con-

sider it proper reparation for any mistake I may have

made, I hereby offer to place to the credit of the State,

in its Treasury, all commissions received by me since

the adoption of the Constitution ot 1877.

My office is an onerous one, with but a small salary.

All that I desire, if condusive to public interests, that

it should be filled by another, is an opportuP-ity to re

tire from it in a manner honorable to myself.

I am very respectfully, yours,

[Signed]

J. "\V. RENFROE.

ATLANTA, GA., September 16, 1879.
To his Excellency, Alfred H. Colquitt, Governor:
I hereby tender to you my resignation of the office of Treasurer of the State of Georgia. My reasons for
<

1524

JOURNAL OF THE HoUSE.

this course have been stated in a communication to the

Housa of Representatives, and need not be repeated

here.

I am yours truly,

[Signed]

J. W. RENFROE.

For the disposition of the House, and to be for-

warded to the Governor.

Mr. Livingston offered thfl following resolutions, as

a substitute, for the resolutions reported by the com-

mittee, to-wit:

Resolved, That the Governor be authorized to accept

the tender of-- dollars from J. "\V. Renfroe, Treas-

urer, collected as interest on the State's deposits ; also

to accept the resignation of J. "\V. Renfroe as Treasurer

of the State of Georgia, to take effect at once ; and be it

further

Resolved, That the receiving of interest on the de-

posits of the State, either by said J. "\V. Renfroe, or his

securities, is unqualifiedly condemned by this House.

Mr. Miller, of Houston, moved that the further con-

sideration of this matter be postponed till 3:30 o'clock

P.M. to day.

Mr. Hall moved to amend by saying 10 o'clock A. 1\L

to-morrow.

The amendment was not adopted.

The motion to postpone till 3:30 o'clock P. 111. pre-

vail Pd.

The following leaves of absence were granted to Mr.

Brantley on account of sickness in his family ; to Mr.

Hanks and Mr. Harp on account of business.

The House then adjourned till 3:30 o'clock P.liL

3:30 O'CLOCK P. 1\f.
The House reassembled, and was called to order by the Speaker.

\VEDNESDAY, SEPTEMBER 17, 1879. 1525
'rhe business in order, the discussion ot the question of adopting the resolutions reported by the majority of the committee to investigate the Treasury Department, for which Mr. Livingston offered a substitute, was resumed.
On motion of Mr. Thomas, the further consideration of this question was postponed until to-morrow morning, immediately after the reading of the Journal, and made the special order for that hour.
Leave of absence was granted to Mr. Daniel. The House then adjourned till 9 A.M. to-morrow.

ATLANTA, GEORGIA,
wednesday, September 17, 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 answered to their names :

'rhose present were Messrs.-

Adams, Anderson of }forgan, Anderson of Newton, Anderson of Pulaski, Awtry, Barksdale, Bell, Bennett, Berry, Bird, Bleckley, Born, Branch, Brantley, Brintle, Buchan, Burch of Laurens, Burch of Towns,

Glover, Greene of Baldwin, Greene of Madison, Hall, Pammond, Hamilton, Hanke, Harrell, Harp, Harrison, Hill, Hogan, Howell of Lowndes, Hudson, Hulsey, Humber, Hutchins, hvine,

Perkins,
Phillips of Carroll, Phillips of Cobb, Phillips of Coflee, Phinizy, Pih, Polhill,
Pope, Poppell, Prescott,
Puckett, Rankin, Redwine,
Reese, Riden,
Roach, Roberts Rogers,'

1526

JoURNAL OF THE HOUSE.

Butler, Butt, Cannon, Carr, Chambers, Chapman, Colley, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, Daniel, Davis of Baker, Davis of Homton, Davison, DeLoach, Dickin, Dozier, DuBose, Duggar, Dupree,
Du' all, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray,

Ivey, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Kendrick,. Kimsey, King, Kirby, Lamb, Lang, Livingston, Luffman, Mathews, M?tmd, McAfee. McConnell, McDonald, McGo.tirck, J\IcLucas, McRae, Me Y/horter l\II!ler of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull,
Pe~cock,

Russell, Shannon, Rharman, Sheffield of Early, Sibley, Sil:es, Simms, Smith of Butt~, Smith of Oglethorpe, Smith of Walton, Strickland of Bryan,
Strick1and of Clinch, Strother, Taliaferro, Ta...ve.1,
T9te, 'i'atum,
Thomas, Too 1e, Tnrner of Brook, Vick, \Valters, \Veehunt, \Velch,
Westbrook,
~1 heeler,
\Vilco:., Williams of Columbw.,
Williams, F. J. Willingham, \Vihrot,
"':Json, Wright, Yancey, Zellner.

Those absent were Messrs.-

Barron, Clegg, Harris, Henderson, Hollis,
Present 159.
Absentl5.

Howell of PickenR, Jordan of \Vilkes, McCurry Roney, Scruggs,

Sheffield of i\Iiller, Turner of Coweta
\Vall, \Valton, Williams, C. W.

Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and confirmed.

Mr. Paine, chairman of the Committee on Enrollment, submitted the following report :

TUESDAY, SEl'f.Kl\IBER~ 15, 1879.

1527

Mr. Speaker:
The Committee on Enrollment report as duly enrolled, and rPady for the signature of the Speaker of the House of Representatives the following acts, to-wit:
An act to amend an 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.
Also, an act to exemjJt from jury duty ministers of Gospel, teachers of schools, physicians, apothecaries, millPrs, ferrymen, certain railroad employes, all male persons over sixty years old, all telegraph operators, and certain firemen.
Also, an act to amend section 2 of an act to repeal an act to incorporate the town of Hillsborough, in the
county ot Floyd, and for other purposes.
Al~o, an act to allow the Board of Commissioners of Newton county to assess an additional tax over and above the amount now allowed by law for the year 1879, and for so many years thereafter, as the Board may think proper, to pay the indebtedness of the county.
Also, an act to amend an act to incorporate the town of Eastman, in the county of Dodge; to define the limits of the same, etc., approved December 15, 1871.
Also, an act to incorporate the. Oconee River Steamboat Company. '
W. W. PAINE, Chairman.

On motion of .Mr. Hall, the following bill was taken up and the Senate amendments concurred in, to-wit:
A bill to carry into effect paragraph 5, section 2, article 5, of the Constitution, and to prohibit the State Treasurer, or any other officer of this State or county, from using, either directly or indirectly, any money of the State, and for other purposes.

1528

JoURNAL OF THE HoUSE.

On motion of Mr. Harp, the following bill was taken up and the Senate amendments concurred in, to-wit:
A bill for the relief of Benjamin F . .Mathews, of the county of Chattahoochee.
'he action of the House on the above bills was ordered at once transmitted to the St>nate.
On motion of Mr. Adams, the following bill, the special order for the day, was postponed and made the special order immediately after the disposition of the question of impeachment of the Treasurer, to-wit:
A bill to amend an act to create a State Board of Health, etc.
The discussion of the q u~stion of preferring articles of impeachment against the 'reasurer was taken up.
Mr. Livingston, by permission of the House, withdrew the substitute offered by him on yesterday.
Mr. Mynatt then offered the following as a substitute for the resolutions reported by the majority of the committee to investigate the Treasury Department, towit:
A resolution-
W' HEHEA:-:,' 'l'he Tteasurer tenders his resignation, which, under the circumstances, is a concession on his part, of a violation of law, and a consequent yielding up of the trust reposed in him; therefore~
Resolved 1. That without qualification we condemn his di::sregard of law in the conduet and management of the office confided to him.
Resolved 2. That t.he Governor be requested to ac cept his resignation, and proceed at once, as the lawdirects, for the breaches by the Treasurer of his duties, and that upon these conditions, artides of impeachment be withheld.
Mr. Harp called for the previous question. The call was not sustained. Mr. Nishet called for the previous question.

WEDNESDAY, SEPTE:~lBER 17, 1879. 1529
The call was sustained, and the main question orderf'd.
On motion of Mr. Cook, the time of Mr. Miller, of Houston, was extended five minutes.
Mr. Cox, of Troup, called for the yeas and nays on the question of adopting the substitute.
'l'he call was sustained, and on calling the roll the vote was as follows:

Those voting in the affirmative are Messrs.-

Anderson ef Morgan, Ar..derson of Pulaski,
Barksdale, Bleckley,
Born, Brantley,
Burch of rownR, Chapman
Clegg, C.olley,
Collins, Cox of Harris. Dickin,
Duggar, Farnell,

l!itzgerala. Fletcher,
Gammage, Gray,
Glover, Hall, Hanks,
Harrell, Hudson,
Irvine,
Jhoeyh~n of Clay,
Johnson of Johnson, Livingston,

:\!aund, McAiee, :\IcRae,
:\Iynatt,
Paine,
Peacock, .Red wire, Scruggs,
Sharman, Strother,
Tarver, Tatum,
'Veehunt, Wilson.

Those voting in the negative are Messrs.

Adams, Awtry,
BeH,
Bennett, Bird, Branch,. Brintle, Buchan, Burch of Laurens, Butler, Butt, Cannon, Carr, Chambers, Cook, Cox of Troup, Crawford, Cunningham, DaYis of Baker, Davis of Houoton, Davison, DeLoach;
97

Harrison, Hill, Hogan, Howell of Lowndes, Hulsey, Hutchins, Janes, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Lull man, Mathews, l\IcConnell, )[cDonald,
McGouirck, )fcLucas,
l\fc Whorter, Miller of Houston,

Poppell,

Prescott,

Puckett,

Rankin,

Reese,

Riden,

Roach,

Roberts,

Rogers.

Russell,

Shannon,

Sheflied of Earlv,

Sikes,



Simms,

Smith of Butt,.,

Smith of O~lethorpe

Smith of " 7alton,

Str:c 'land of Bryan,

Strickland of Clinch,

Taliaferro,

Tate,

Thomas

15::30

JouRNAL oF THE HousE.

Dozier,
DuBose, Dupree, Duvall.
Elder, Ford, Fort,
Fuller, Garrard
Grant, Greene of Baldwin, Greene of Madison,
Hammond,
Hamilton,
Harp,

Miller of Liberty, Milner,
Mitchell, :Nisbet,
Northern, Park,
Patterson, PPahuilllli1ps oJ Carroll,
Philips of Cobb, Phillips of Coffee, Phinizy,
Pike,
Pope,

Those not voting are Messrs.-

Andersor: of Newton, Barron, Berry, Daniel, Harris, Henderson, Hollis, Howell of Pickens,

Humber,
Jordan of Wilkes, McCurry, Oliver, Perkins, Polhill, R.oney,

Yeas43. Nays lOll. Not voting 22.

Toole, Vick, \Valters, Welch, 'Vestbrook, \Vheeler Wilcox, Williams of Columbia, William~, F. J. Willingham, Wilmot. Wright, Yancey, Zellner.
Sheffied of ~filler, Sibley, Turner of Brook~, Turner of Coweta, Wall, Walton, Williams, C. W.

Mr. Anderson of Newton, announced that on this question he was paired with Mr. Oliver. Mr. Oliver would, if present, vote no, and he would vote yes.
So the substitute was not adopted.

The question then recurred on the resolutions reported by the majority of the committee, and the resolutions were taken up seriatim.
Mr. Roberts called for the yeas and nays on the first resolution.
The call was sustained, and on calling the roll the vote was as follow::; :
Mr. Farnell announced that he was paired with Mr. l nrner of Coweta. Mr. Turner, if present, would vote yea, and he would vote nay.

'VEDNESDAY, S.EPTEMBER 17, 1879. 1531 Those voting in the affirmative are Messrs.-

Adams,
Awtry, Barksdale,
.Bell, Bennett, Bird, Bleckley,
Born, Branch,
Brintle, Buchan, Burch of Laurens,
Butler, Butt, Cannon, Carr,
Chambers: Chapman,
Colley, Cook, Cox of Harris,
Cox of Troup, Crawford, Cunningham, Davis of Baker,
Davis of Houston, Oavison,
DeLoach, Dozier,
DuBose, Dupree, Duvall,
Elder,
Fitzgerald, Ford,
Fort,
Fuller, Garrard, Grant,
Gray, Greene of Baldwin, Greene of Madison,
Hamilton,

Harp,

Harrison,

Hill,

Hogan,

Howell of Lowndes,

Hudson,

Hulsey,

Hutchins,

Irvine,

Ivey,

Janes,

.Johnson of Clay,

Jordan of Crawford,

Kendrick,

Kimsey,

King,

Kirby,

Lamb,

Livingston,

Lufl'man,

:Mathews,

Maund,

McAfee,

:\:lcConnell,

.McDonald,

::\IcGourick,

McLucas,

)fc,Vh l\filler

ort of

eLrt1berty,

Miller of Houston,

Milner,

Mitchell,

:Mynatt,

~is bet,

.Northern

Paine,

Park,

Patterson,

Paull,

Perkins,

Phillip~ of Carroll,

Phillips of Cobb,

Phillips of Coffee, Phinizy,
Pope, Poppell,
Prescott, Puckett, Rankin,
Reese, Riden, Roach,
Roberts, Rogers,
Russell, Shannon,
Sheffield of Early, Sikes,
Simms,
Smith of Butts, t:imith of Oglethorpe, Smith of Walton
Strickland of Clinch,
Strickland of Bryan,J Strother, Taliaferro
Tarver, Tate,
Tatum, Thomas,
Toole, Vick,
'Valters, Welch,
Westbrook, Wheeler. Wilcox,
Williams of Columbia, Williams, F. J. Willingham, Wilmot, Wilson
Yancey, Zellner.

Those voting in the negative are .Messrs.-

Anderson of Morgan, Anderson of Pulaski, Brantley, Collins, Duggar,

Glover, Hanks, Harrell, Lang,

Redwine, Sharman, Weehunt, Wright.

lii32

JoURNAL OF THE HOUSE.

Those not voting are Messrs.-

Anderson of Newton,
Barron, Berry,
Burch of Towns, Clegg,
Daniel, Dick in,
Farnell,
Fletcher, Gammage, Hall,
Hammond

Harris, Henderson,
Hollis, Howell of Pickens, Humber,
Johnson of Johnson, Jordan of Wilke~<, l\IcCurry,
l\IcRae, Oliver,
Peacock,

Yeas 127.

Nays13.

Not voting, 34.

Pike, Pol hill, Roney, Scruggs,
Sheffield of Miller, Sibley,
Turner of Brooks, Turner of Coweta, Wall, Walton, Williams, C. W.,

So the first resolution was adopted. ThP, second resolution was adopted. Tlle third resolution was adopted.
The Speaker announced the following committee of seven to proceed to the bar of the St>nate and there impeach J. \V. Renfroe, Treasurer, of high crimes and mislemeanon;, to- wit : A. L. Miller of Houston, Reese Crawford of l\fuscogee county, Robt. A. Nisbet of Bibb county, George R. Sibley of Richmond county, W. C. Sheffield of Early county, A. J. King of Floyd county, J. F. Awtry of Troup county.
.Mr. Paine offered the following resolution, which was read the first time, and referred to the Committee on Finance, to-wit:

A resolution-

To appropriate money to pay the expenses of the committee sent to escort the remains of Senator Clements to his home.

Mr. Paine, chairman of the Committee on Enroltment, submitted the following report:

Mr. Speaker:

The Committee on Enrollment report as duly en-

WEDNESDAY, SEPTEMBER 17, 1879. 1533

rolled, and ready for thfl signature of the Speaker of

the House of Representatives, President of the Senate,

and delivered to thH Governor, the following acts, to-

wit:



An act to amend an 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.

Also, an act to exempt from jury duty ministers of the Gospel, physicians, apothecaries, school teachP.rs, millers, ferrymen, certain railroad employes, all male persons over sixty years old, telegraph operators, and certain firemen.

Also, an act to amend section 2 of an act to repeal an act to incorporate the town of Hillsborough, in the county of Floyd, and for other purposes.

Also, an act to allow the Board of Commissioners of

Newton county to assess an additional tax over and

above the amount now allowed by law for the year

1879, and for so many years thereafter as the Board may

think proper, te pay the indebtedness of the county.

Also, an act to amend an act to incorporate the town

of Eastman, in the county of Dodge ; to define the

limits of the same, etc., approved December 15, 1871.

Also, an act to incorporate the Oconee River Steam-

boat Company.

w. vV. p .AINE, Chairman.

Mr. Polhill, chairman of the Committee on Public Property, submitted the following report:

Mr. Speaker :

The Committee on Public Property have had under consideration the following resolution, which tbey recommend do not pass, to.wit:

15~4

JoURNAL OF THE HousE.

A resolution-
In relation to improving the acoustics of the Hall of the House of Representatives.
The committee have also had under consideration the following bill, which they report back without recommendation:
A bill to be entitled an act -providing for the building of State House in the city of Atlanta, Ga.
Respectfully submitted.
. J. H. PoLHILL, Chairman.
Leave of absence was granted to Mr. .Johnson, of Clay, after Thursday, on business.
By -permission of the House, Mr. Colley withdrew
the communication from .J. ,V. Renfroe, submitted and
read for information on yesterday. The Honse then adjourned till 9 A. ::1r. to-morrow.

ATLANTA, GEORGIA,

Thursday, September 18, 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 answered to their names:

Those present were Messrs.-

Adams, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Awtry, Barksdale, Bell, Bennett, Berry,

Green of Baldwm, Greene of Madison, Hall, Hammond, Hamilton, Hanks, Harrell. Harp, Harrison,

Phillips of Cohb, Phillips of Coffee, Phinizy, Pike, Polhill,
Pope, Poppell, Prescott, Puckett,

THURSDAY, SEPl'El\fBER 18, 1879.

1535

Bird, Bleckley, Born, Branch, Brantley, Brintle,
.Bncban,~
Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Carr, Chapman, Chambers, Clegg, Colley, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, Dozier, DuBose, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray, Glover,

Hill, Hogan, Howell of Lowndes, Hudson, Hulsey, Humber, Hutchins, Irvine, lvey,
Janes, Johnson of Clay, Johnsvn of Johnson, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Livingston, Luffman, Mathews, :M:aund, McAfee, McConnell, McDonald, 1\icGourick, McLucas, McRae, McWhorter, Miller of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Peckins, Phillips of Carroll,

Those absent were Messrs.-

Barron, Daniel, Harris, Henderson,

Hollis, Howell of Pickens, Jordan of Wilkes, McCurry,

Present, 162. Absent, 12.

Rankin, Redwine, Reese, Riden,: Roach, Roberts, Rogers, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sibley, Sikes, Simms, Smith of Butt<, Smith of Oglethorpe, Smith of Walton, Strickland of Bryan, Strickland of Clinch, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta, Vick, Walters, "\Veehunt, Welch, Westbrook, \Vheeler, Wilcox, Williams of Columbia, Williams, C. W.
Williams, F. J.
Willingham, "\Vilmot, Wilson, Wright, Yancey, Zellner.
Roney, Sheffield of Miller, Wall, Walton,

15Bfi

JOURNAL O.F THE HOUSE.

Mr. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and confirmed. Mr. Ivey stated that he voted yea on the call of the yeas and nays on the adoption of the resolution reported by th,e committee on yesterday, and had his vote so recorded. Mr. Phillips, of Cobb. made a personal explanation.
The special order for the day, a bill to amend the act creating a State Board of Health, was then taken up and read.
On motion of Mr. Livingston, the House went into the Committee of the Whole House for the consideration of the bill.
Mr. Redwine, chairman of the Committee of the .'\Vhole House, submitted the following report:

Mr. Speaker:
The Committee of the Whole House have under consideration the following bill, to-wit:
.A. bill to amend the act to create a State Board of Health, etc.
They have instructed me to report the bill back with a recommendation that it do not pass.
On the question of agreeing to the report of the Committee of the Whole House, :Mr. Perkins called for the yeas and nays.
The call was sustained, and on calling the roll the vote was as follows :

'fhose voting in the affirmative are Messrs.-

Barksdale,
Bell, Bennett, Bird, Born,

Greene of Madison,
Harp, Hogan, Howell of Lowndes, Hudson,

Phinizy
Poppell, Roberts, Sheffield of Early, Sikes,

THURSDAY, SEPTEMBER 18, 1879.

1537

Brintle, Burch of Laurens,
Burch of Towns,
Butt, Cox of Harris,
Cunningham,
Davison, DeLoach
Duggar, Elder, Fitzgerald,
Fletcher, Ford,
Fuller, Gammage, Garrard, Grant, _
Glover, Greene of Baldwin,

Humber, Irvine,
Ivey, Jordan of Crawford,
Kimsey,
King, Kirby, La-tg,
Luffman,
McAfee, 2\IcCounell,
:\IcCouirck, McLucas, 2\liller of Houston,
Oliver,
Patterson, Phillips of Carroll, Phillips of Coffee,

Simms, Smith of Butts,
Smith of Oglethorpe, Smith of 'Valton, Str;ckland of Bryan, Strickland of Clinch, Taliaferro,
Tate, Toole,
Walters, Weehunt, Welch,
Wheeler, Wilcox,
Williams, C. W. Williams, F. J
Wilmot, Wilson.

Those voting in the negative are Messrs.-

Adams, Anderson of Morgan, Awtry, Berry, Bleckley,
Butler, Cannon, Carr, Chambers, Chapman,
Colley,
Cook, Cox of Troup,
Crawford, Davis of Baker, Davis of Houston,
Dozier,
Dupree, Duvall, Farnell,
Fort,

Hammond,

Hamilton.

Hanks,

Harrell,

Harrison,

Hill,

Hulsey,

Hutchins,

Janes,

Johnson of Clay,

Kendrick,

Lamb,

Livingston,

Mathews,

Maund,

McDonald,

1\Iiller of Libertv,

Milner,



Mynatt,

Nisbet,

Northern,

Paine, Paull, Perkins, Phillips of Cobb,
Pol hill,
Pope, Redwine Reese, Riden, Roach, Rogers,
Russell, Shannon Sharman
Tarver, Thomas,
Turner of Coweta,
Vick, Williams of Columbia, Yancey.

Those not voting are Messrs.-

Anderson of Newton, Anderson of Pulaski, Barron, Branch,
Brantley, Buchan,
Clegg, Collins, Daniel, Dickin,

Henderson,
Hollis. Howell of Pickens, Johnson of Johnson, Jordan of Wilkes,
McCurry, McRae, 1\IcWhorter,
1\Iitchell, Pa.rk,

Rankin,
Roney, Scruggs, Sheffield of Miller,
Sibley, Strother,
Tatum, Turner of Brooks Wall, walton,

1538

JoURNAL OF THE HOUSE.

DuBose, Gray, Hall, Harr1s

Peacock, Pike.
Pre~cott,
Puckea,

Westbrook,
Willin~ham,
Wright, Zellner.

Yeas, 70. Nays, 62. Not voting 42.

So the report of the committee was agreed to, and the bill lost.
Mr. Red wine gave notice that at the proper time he would move a re-consideration of the action of the House just had.
Mr. Oliver moved to take from the table House bills Nos. 665 and 666.
The motion prevailed, and the bills were placed in their order on the calendar.
On motion of Mr. Oliver the rules were suspended, and the following bills read the third time and disposed of as hereinafter specified, to-wit:
A bill to incorporate the Dahlonega Air-Line Railroad Company, and for other purposes.
The report of the committee was agreed to ; the evidence of the publication of the notice required by law was exhibited, and the bill passed, as amended, by the requisite constitutional majority; yeas 94, nays none.
Also, a bill to incorporate the town of Mayesville, in the counties of Jackson and Banks, and to grant election powers and privileges to the same, and for other purposes.
The report of the committee was agreed to ; the evidence of the publication of the notice required by law was exhibited, and the bill passe1, as amended. by the requisite constitutional majority ; yeas 103, nays none.
Mr. Paine, Chairman of the Committee on Enrollment, submitted the following report:

THUR3DAY, 8EPTE)fBER 18, 1879.

1539

Mr. Speaker:
The Committae on Enrollment report as duly enrolled and ready for the si~nature of the Speaker of the House of Representatives, thfl following acts, towit:
An act to carry into eftect paragraph !5, section 2,
article o of the Constitution, and to prohibit the State
Treasurer, or any other officer of this State or county from using either directly or indirectly any money of the State, and for other purposes.
Also, an act for the relief of Benjamin F. Mathews, of the county of ChattahoocheE".
w. "\V. PAINE, Chairman.
The following message was received from the Senate through Mr. Harris, the Secretary thereof:

Mr. Speaker :

The Senate has passed the following House bill, towit:

A bill to repeal an act to prohibit the imposition of

more than fifty per cent. upon the State tax for county

purposes on any account whatever in the county of

Jackson.

The Senate bas also passed, with amendments, the

followmg House bills :



A bill to provide for the creation of Boards of Com-

missioners of Roads and Revenues in the counties of

Emanuel, Marion and Johnson.

Also, a bill to authorize the corporation of Bain-

briflge to ]Pvy a tax for maintaining and establishing

a system of public schools in said city.

Also, a 'bill to be entitlf'd an act to carry into effect

the last clause of paragraph 1, section 1, article 7 of

the Constitution of 1877.

The Senate has also adopted the report of the con-

ft:>rence committee on the Senate bill entitled an act to

1540

JOURNAL OF TB.E HoUsE.

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.
The Senate has also passed the following bills, and I am instructed to transmit them to the House forthwith.
A bill to prescribe the manner of granting license to sell liquor in the county of Bulloch.
Also, a bill for the relief of the Macon and Augusta Railroad from an over assessment of taxes for the years 1874, 1875, 1876 and 1877.
The following House bills were lost in the Senate, to-wit:
A bill to provide that every Judge of the Supreme, Superior, City, or County Court, who is the owner of any share or stock in a railroad company, or who is an officer or agent of such company, shall be disqualified to preside in the trial of any cause by or against any railroad company.
Also, a bill to prohibit the ~mployment of any person after notice from parent or guardian that such employment is contrary to his or her consent..
Mr. Hutchins, chairman of the Committee on Finance, submitted the foll0wing report :
Mr. Speaker:
The Committee on Finance have had under consideration the following bill, which they recommend do -pass, to-wit :
A bill to be entitled an act making appropriations for the payment of the expenses of the special com mittee on the investigation of the office of -Principal Keeper of the Penitentiary.
Also, a bill to be entitled an act to require the Judges of the Superior Court to give in charge to the Grand Jury in each county where a convict camp is located

THURSDAY, SEPTEMBER 18, 1879.

1541

all the laws respecting the inspection, management and control of the convicts of this State; to authorize the Grand Jury to appoint a commission composed of members of its own body and other persons; to pre scribe the duty of such commission and of the Grand Jury; to require the Grand Juries to prevent any person or persons who may violate any penal statute of this State relative to the management and control of the convicts, which they recommend do pass, as amended.
Also, a bill to be entitled an act to provide another asylum for the insane of Georgia, which they recommend do not pass.'
Also, a Senate bill to be entitled an act to carry into effect section 4, article 8, of the Constitution, which they recommend be referred to the Committee on Education.
The committee have also had under consideration the following resolutions, to-wit:
A resolution-
As to mileage, whieh they recommend be adopted. AlEo, a resolution in reference to the itemized statement by the Commissioner of Agriculture, etc., which they recommend do ptss, by substitute. The committee have also had underconsideration the following local and special bills, which they recommend do pass, to-wit: A bill to be entitled an act to amend an act to incorporate the Louisville Branch Railroad Company, so as to authorize said company to borrow money necessary for the construction and equipment of said road, and to secure the payment of the same by the issue of the first mortgage bonds upon said road, its equipment and franchises. Also, a bill to be entitled an act to authorize the Ordinary of Milton county, Georgia, to borrow money for

1542

JOURNAL OF THE HOUSE.

the purpose of paying for the building of a Court-House in said county, and to provide for the payment of said borrowed money.
Proper notices of intention to apply for the passage of said local and special bills have been published, as required by law.
The committee return the message of the Governor vetoing House bill No. 427, and recommend that it do lie on the table.
Respectfully submitted.
N. L. HuTCHINs, Chairman

The following Senate bill was, on motion of Mr. Hutchins, chairman of the Committee on Finance, recommitted to the Committee on Education, to-wit:
A bill to carry into effect section 4, article 8 of the Constitution .
.Mr. DeLoach moved to suspend the rules for the purpose of taking up a bill.
The motion prevailed, and the following bill was taken up and the Senate amendment concurred in, as amended, to-wit:
A bill to prescribe the method of granting licensA to sell spirituous or intoxicating liquors in the county of Bulloch, and to increase the fee tor the same to five thousand dollars.
Mr. Mynatt offered the following resolution, which was read, and on motion of Mr. Me \Vhol'ter, laid on the table, to-wit:
A resolution-
To appoint certain named members managers on the part of the House of the case against J. \V". Renfroe, Treasurer.
On motion of l\Ir. Phillips, of Cobb, the rules were suspended and the following resolutions read, and the substitute reported by the Finance Committee adopted

THURSDAY, ::3EPTEl\1BER 18, 1879.

1543

and referred to the special committee to investigate the Department of Agriculture, to-wit:

A resolution-

For the Committee on Finance to call to account the

Commissioner of Agriculture.

The special order for the day, the bill to prohibit the

running of express and passenger trains on the Sab-

bath day, was taken up.

Mr. Luffman moved to indefinitely postpone the bill.

The motion to indefinitely postpone was lost.

On motion of Mr. Livingston, the bill was recommit-

ted to the Committee on the Judiciary.



On motion of Mr. Phillips, of Cobb, the rules were

suspended and the following bill introduced, read the

first time and referred to the Committee on Finance:

By Mr. Phillips, of Cobb-

A bill to amend an act to establish a Department of

Agriculture for the State of Georgia, approved Feb-

ruary 24, 1874.

The following mtssage was received from his Excellency the Governor, through Mr. Avery, his Secretary, to-wit:

:J-Ir. Speaker:

His Excellency, the Governor, has approved and signed the following acts, to-wit:
..A.n act to amend an 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.
Aleo, an act to allow the Board of Commissioners of Newton county to assess an additional tax over and above the amount now allowed by law for the year 1879, and for so many years thereafter, as the Board may think proper, for the purpose of raising additional
revenue to reduce indebtedness of the county.

1544

JOURNAL OJ!' THE HOUSE.

Also, an act to exempt from jury duty ministers of Gospel, teachers of schools, physicians, apothecaries, millP.rs, ferrymen, certain railroad employes, all male persons over sixty years old, all telegraph operators, and certain firemen.
Also, an act to amend section 2 of an act to repeal an act to incorporate the town or Hillsborough, in the county ot Floyd, and for other purposes.
Also, an act to incorporate the Oconee River Steamboat Company.
Also, an act to amend an act to inc.orporate the town of Eastman, in the county of Dodge ; to define the limits of the same, etc., approved December 1!5, 1871.

Mr. Fort, of Sumter, chairman pro tem. of the Committee on the Judiciary, submitted the foHowing report:
Mr. Speaker :
The Committee on the J ndiciary have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to be entitled an act to repeal section 4687 of the Revised Code, and an act assented to on the 26th day of February, 1874, both of which prescribe the manner of changing the venue in criminal cases.
Also, a bill to be entitled an act to repeal an act to prescribe the mode of granting license to sell intoxicating liquors in the county of Muscogee, outside the corporate limits ot the city of Columbus, and within onehalf mile of the corporate limits of said city, approved
February 2a, 1876.
Also, a bill to be entitled an act to repeal an act entitled itn act to establish a County Court for the counties of Dougherty and Lee, approved August 24, 1872 so far as the same relates to the county of Lee.
The committee find that the proper notices required

THURSDAY, SEPTEMBER 18, 1879.

1545

by law have been given of intention to apply for the passage of the last two above mentioned bills.
The committee ha.ve also bad under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to amend section 279 of the Code of Georgia.
'fhe co111mittee have also had under consideration the following bill, which they recommend do pass, by substitute, to-wit:
A bill to be entitled an act to prescribe the duty of Judges of the Superior Courts in examining and approving bills for insolvent cost due the officers of the court, and for other purposes.
The committee have also had under consideration the following bills, which they report back with the recommendation that the introducers be allowed to withdraw them, to-wit:
A bill to be entitled an act to repeal section 1966 of Code of 1873.
Also, a bill to be entitled an act to carry into effect paragraph 9, section 4, article 6, of the Constitution of this t:;tate.
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 2844 of the Code of this State.
Also, a bill to be entitled an act to carry into effect section P, article 1, of the Constitution of Georgia.
Also, a bill to be entitled an act to declare it unlawful for any Solicitor General in this State to discharge a prisoner from the custody of the jailer, etc.
Also, a bill to be entitled an act to authorize the Ordinaries of the counties to hire out county convicts to private parties, etc.
98

1046

JOURNAL OF THE HoOSE.

Also, a bill to be entitled an act to allow attorneysat-law to become security on bail bonds in criminal cases and appeal bonds, etc.
Also, a bill to be entitled an act declaring it a misdemeanor for any person to employ, entice, persuade or decoy any servant to leave his employer, etc.
Also, a bill to be entitled an act to prevent the sale of ardPnt or spirituous liquors within one mile of any court-house, school-house, church, or public ferry, within this State, etc.
Also, a hill to be entitled an act to establish a County Board of Commissioners for the county of Glasscock.
Tt.e committee find that the proper notices, required by law, have not been given of intention to apply for the passage of the last named bill.
Also, a bill to be entitled an act to authorize the Clerk of the Superior Court of Chatham county, and the Clerk of the City Court of Savannah to require a deposit for payment of costs.
ALLEN F01n, Chairman pro tem.

On motion of Mr. Phillips of Cobb, the following resolution was taken from the table, and on motion of l\Ir. :Mynatt withdrawn, to-wit:

A resolution-
To appoint managers of the case of the House against J. W. Renfroe, Treasurer.
The following bill was read the third time; the report of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority ; yeas 96, nays none, to-wit:
A bill to amend section 281 of the Code. The following bill was read the third time ; the report of the committee was agreed to ; the evidence of the publil.:atiou of the notices required by law was exhibi-

'fHUR8DAY, SEPTE:~IBER 18, 1879.

1547

ted, and the bill passed, by the requisite constitutional
majority; yeas 101, nays none, to-wit: A bill to authorize the County Commissioners of Bibb
county to purchase property put up for sale for State and county taxes due in said county, and for other purposes.
The following bill was, on motion, withdrawn, towit:
A bill to incorporate G-ainesville College, etc. The following bill was read the third time ; the report of the com mittee was agreed to ; the evidence of the vublication of the notice required by law was exhibitt>d, and the bill passed, by the requisite constitu tiona! majority ; yeas 104, nays none, to- wit : A bill to repeal an act apvroved February 26, 1877, authorizing and requiring the County Commissioners of Bibb county to pay all necessary expenses incurred in conducting elections in said county. The following bills were tabled, to-wit: A bill to prevent imposition in the sale of commercial fertilizers; to authorize total or partial failure of consideration to be pleaded, etc.
Also, a bill to regulate the practice in certiorari cases to suspend the issuing of execution.
Mr. Oliver offered the following resolution, which was read and agreed to, to-wit;

A resolution-

Ordering an election for managers to conduct the impeachment trial of J. ,V. .H.enfroe, T1easurer, and making said election the special order for this afternoon at 3:30 o'clock.
The following bill was taken up, to-wit : A bill to carry into effect paragraph 4, section 1, artiele 11, of the Constitution. The amendments proposed by the committee were adopted, and then the House voted to adjourn.

1548

JOURNAL 01!' THE HOUSE.

The following leaves of absence were granted : To Messrs. Fort, Willingham, Mitchell, Smith of Oglethorpe, and Tate on business, and to Messrs. Clegg, Anderson of Pulaski, and Wilcox on account of sickness. The House then adjourned till3:30 o'clock P.M.

3:30 0' CLOCK P. M.
The House reassembled, and was called to order by the Speaker.
On motion of Mr. Luffman the rules were suspended and the following resolution was introduced, read the first time and referred to the Committee on Finance, to-wit:
A resolution-
Jnstructing the Governor to turn over the various specimens, etc., and all property used by the Geological Bureau to the Commissioner of Agriculture, except such as the Governor may deem best to sell.
On motion of Mr. Irvine, the following bill was taken up and the Senate amendments concurred in, to-wit:
A bill to carry into effect the last clause of paragraph 1, section 1, article 7 of the Constitution of 1877.
Mr. Livingston offered the following resolution, which was read, to-wit:
A resolution-
Authorizing the chairman of the J ndiciary Committee to appoint six members of said committee as man agers ot the trial of J. W. Renfroe, Treasurer, and be himself chosen as chairman of said board of managers.
For this resolution Mr. Tatum offered as a substi tute

THURSDAY, SEPTEl\fBER 18, 1879

1549

.A resolution-
That this House now proceed to elect seven managers of the impeachment case against J. '"" Renfroe byba.Uot.
The substitute was adopted. Mr. Harrison offered the following resolution, which was read and adopted, to-wit :
.A resolution-
That the seven candidates receiving the highest vote be declared elected and that candidates be put in nomination at once, and before the voting begins in the election of managers for the impeachment trial.
The Speaker announced as superintendents of the ballot Messrs. Mc.Afee, Bird, MeRae and Cunningham.
A number of nominations were made, and the House proceeded to ballot.
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 the Governor, the following acts, to-wit:
.An act for the relief of the Macon and Augusta Railroad from an over assessment of taxes for the years 1874, 1875, 1876 and 1877. =:Also, an act to repeal an act entitled an act to prohibit the imposition of more than fifty per cent. upon the State tax for county purposes on any account whatever in the county of Jackson.
W. W. PAINE, Chairman. The ballot resulted in the election of Messrs. Cox of Troup, Milner of Bartow, Fort of Sumter, Crawford of Muscogee, Nisbet of Bibb, Hutchins of Gwinnett, and

1550

JOURNAL OF THE .liOUSE.

Turner of Coweta, as managers on the part of the House to conduct the impeachment trial of ,"!ohn W. Renfroe, Treasurer.
The House then adjourned till 9 A. 'M. to-morrow.

ATLANTA, GEoRGIA,
Friday, September 19, 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 answered t') their names :

Those present were Messrs.-

Adams, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski,
Awtry, Barksdale,
Bell, Bennett, Berry,
Bird, Bleckley,
Born,
Branch, Brantley,
Brintle, Buchan, Burch of Laurens, Bnrch of Town~,
Butler, Butt,
Cannon, Carr, Chambers, Chapman, Clegg,
Colley, Collins,
Cook,

Greene of Baldwin, Greene of .:\fadison,
Hall, Hammond,
Hamilton, Hanke, Harrell,
Harp, Harrison, Henderson,
Hill, Hogan,
Howell of Lowndes,
Hudson, Hulsey,
Humber, Hutchins, Irvine,
Ivey, Janes, Johnson of Clay, John~on of Johnson, Jordan of Crawford, Kendrick. Kimsey,' King,
Kirby, Lamb,

Phillips of Carroll, Phillips of Cobb, Phillips of Coffee,
Phinizy,
Pike,
Pol hill, Pope,
Poppell, Pescott, Puckett,
Rankin, Redwine,
Reese, Riden, Roach, Roberts, Rogers,
Russell,
Scmw, Shannon, Rharman, Sheffield of Early,
~!ke11,
Stmms,
Smith of Buttll, Smith of Walton, Strickland of Bryan,
Strickland of Clinch,

FRIDAY, SEPTEMBER 19, 1879.

1551

Cox of Harris,
Cox of Troup, Crawford, Cunningham, Davis of Baker, Davis of Houston,
Davison, DeLoach,
Dickin,
Dozier,
DuBose, Duggar, Dupree, Duvall, Elder,
Farnell, Fitzgerald,
Fletcher,
Ford, Fort, Fuller,
Gammage, Garrard, Grant,
Gray, Glover,

Lang, Livingston,
Luffwan, Mathews,
Maund, l\fcAfee. l\IcConnell, )lcDonald,
1\IcGouirck, McLucas,
McRae, 1\IcWhorter )filler of Houston, Miller of Liberty,
Milner, Mynatt,
Nisbet, Northern, Oliver,
Paine,
Park, Patterson, Paull,
Peacock, Perkins,

Those absent were Messrs.-

Barron, Daniel, Harris, Hollis, Howell of Pickens,

Jordanof Wilkes, McCurrv Mitchell: Roney, Sheffield of l\Iiller,

Present 160. .A.hsent 14.

Strother, Taliaferro, Tavpr, Tate, Tatum, Thomas, Toole, Turner of Brooh, Turner of Coweta, Vick,
'Valter~,
Weehunt, 'Velch,
\Ve~tbrook,
"rheeler, 'Vilcox, Williams of Columb1a, Williams, C., W. Williams, F. J. Willingham, Wilmot, Wilson, Wright, Yancey, 7-ellner.
Sibley, Rmith of Oglethor}le, Wall, \\.'alton,

Mr. Welch, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and confirmed.
The following leaves of absence were granted: Messrs. .Anderson of Newton, Yancey and 'Villiams of Columbia, on business, and to Mr. Johnson of Johnson, on account of sickness. Mr. Redwine moved to reconsidP.r so much of the Journal as relates to the action of the House upon a biH to amend the act to create a State Board of Health.

1552

JoURNAL OF THE HOUSE.

Mr. Born moved to lay the motion to reconsider on the table, which motion was lost.
On motion of Mr. Turner, of Brooks, leave of absence was granted, for the morning on busine~s of the House, to Messrs. Hammond, Hall, Polhill, Cox of Troup, Mynatt and Mr. Turner of Brooks.
Mr. Born called for the previous question. The call was sustained, and the main question ordered. On the motion to reconsider, Mr. Sikes, of Houston, 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 Newton, Awtry, Berry, Bleckley,
Butler, Cannon, Carr, Chambers, Chapman,
Colley, Cook, Cax of Troup,
Dozier. DuBose, Dupree, Duvall, Farnell, Glo"t"er, Hall, Hammond,

Hamilton, Harrell, H ..rrison, Henderson, Hill, Hulsey, Hutchins, lvey,
Janes, Johnson of Clay, Kendrick, Kimsey, Lamb, Livingston, Mathews. Maund, McAfee, McDonald, McGouirck, Miller of Liberty, Milner,
Mynat~.

Nisbet, Northern, Paine, Park, Paull, Perkins, Polhill, Pope, Redwine, Reese, Riden, Roach, Rogers, Russell, Sharman, Tarver, Thomas, Turner of Brooks, Turner of Coweta, \Vest brook, Wright, Yancey.

Those voting in the negative are Messrs.-

Barksdale, Bennett,
Bird, Born, Branch, Brintle, Burch of Laurens, Burch of Towns,

Grant, Greene of Madison, Hogan, Howell of Lowndes, Hudson, Humber, Jordan of Crawford, King,

Puckett, Rankin, Roberts, Sikes, Simms, Smith of Butts Smith of Walton, Strickland of Bryan

FRIDAY, SEPTEJIBER 19, 1879.

1553

Butt, Cox of Harris, Cunningham, Davison, DeLoach, Duggar, Elder, :Fitzgerald, Fletcher, Ford, Fuller, Gammage, Garrard,

Lang, Luffman, McConnell, McLucas, McWhorter, Miller of Houston, Oliver, Patterson, Phi1lips of Coffee, Phinizy, Poppell, Prescott,

Tho~'3 not voting are MeJsrs.-

Anderson of Pulaski,
Barron, Bell, Brantley, Buchan, Clegg, Collins, Crawford, Danit!, Davis of Baker, Davis of Houston, Dickin, Fort, Gray, Greene of Ba.dwin,
Hanks,

Harp, Harris, Hollis, Howell of Pickens,
Irvine,
Johnson of Johnson, Jordan of Wilkes, Kirby, McCurry, McRae, Mitchel;.
Peacock;
Phillips of Canol!, Phillips of Cobb,
Pike, Roney,

Yeas 66. Nays 61. Not voting 47.

Strickland of Clinch, Taliaferro, Tate, Toole,
Vic~.
Walters, Weehunt, Welch, Wheeler, Williams, C. W.
Williams, F. J,
Wilson.
Scruggs, Shannon, Sheffield of Miller, Sheffield of Early, Sibley, Smith of Oglethorpe, Strother, Tatum, Wall, Walton, Wilcox:, Williams of Columbia, Willingham, Wilmot, Zellner.

So the motion to reconsider prevailed.
By permission, the following bill was withdrawn, towit:
A bill to have a survey made by the State ot certain lands in Clinch county.
On motion of Mr. Humber, the following bill wastaken from the table and placed in its order on the calender, viz : House bill No. 396.
The rules were suspended and the following bills introduced, read the first time and referred to appropriate committees, to-wit :

1654

JOURNAL OF THE HOUSE.

By Mr. AwtryA. bill to carry into Pffect section 4, article 8 of the Constitution. Referred to the Committee on Education. By Mr. Miller, of HoustonA bill to appropriate a sum of money sufficient to pay the expenses of the special committee to investigate the 'l'reasury. Referred to the Committee on Finance. Also, a bill to appropriate money to defray the contingent expenses of the House and Senate for the present adjourned session. Referred to the Committee on Finance. Mr. Barksdale asked leave to introduce and have read the first time, without reference to the Committee on Local and Special Bills, a local bill. On this question Mr. Reese 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.-

Anderson of Morgan, Awtry,
Barksdale,
Bell, Bennett, Berry,
Bird, Bleckley, Born, Branch, Brintle, Buchan,
Burch of Laurens, Burch of Towns,
Butler, Butt, Cannon,
Carr, Chambers,
Chapman, Colley, Collins,

Grant,
Gray,
Glover, Hammond, Harrell,
Henderson,
Hill, Hogan, Howell of Lowndes,
Hulsey, Humber, Hutchins,
Irvine, Ivey,
Janes.
Jordan of Crawford, Kendrick. Lamb, Livingston, Luffman,
Mathews, Maund,

Phinizv Pike.
Polhill,
Poppell,
Pre~cott,
Rankin, Redwine
Reese, Roach, Roberts, RogerR,
Russell, Scruggs, Shannon
Sharman
Sikes, Simms, Smith of Butts,
Smith of Walton, Strickland of Bryan, Strickland of Clinch, Taliaferro.

FRIDAY, SEPTEMBER 19, 1879.

1555

Cook, Cox of Harris,
Cox of Tl\oup, Cunningham, Davison,
DeLoach Dozier,
Dupree, Duvall,
Elde~,
Farnell, Fletcher,
Ford, Fuller,
Gammage, Garrard,

McConnell, }fcDonald,
McGouirck, McWhorter,
Miller of Houston, Miller of Liberty,
Mynatt, Nisbet, Northern,
Olher, Paine, Park, Patterson,
Paull, Perkins, Phillips of Coffee,

Tarver,
Tate, Tat'Jm,
Thomas,
Toole, Turner of Coweta,
Vick,
Walters, Weehunt, Welch,
Westbrook, Wheeler, Williams, C. W. Williams, F. J
Wilmot, Wilson.

Those voting in the negative are Messrs.-

DuBose,

Fitzgerald.

Those not voting are Messrs.-

Adams, Anderson of Newton, Anderson of Pulaski,
Barron, Brantley,
CleJllr, Crawford, Daniel, Davis of Baker,
Davis of Houston, Dickin, Duggar,
Fort, Greeneof Baldwin,
Greene of l\!adison, Hall, Hamilton.
Hanks, Harp, Harns

Harrison, Hollis,
Howell of Pickens,
Hudson. Johnson of Clay, Johnson of Johnson, Jordan of Wilkes,
Kimsey, King,
Kirby, Lang,
l\1cAfee, McCurry, l\fcLucas, McRae,
Milner, Mitchell, Peacock, Phillips of Carroll,

Phillips of Cobb,
Pope, Puckett,
Riden, Roney, Sheffield of Early,
Sheffield of Miller, Sibley,
Smith of Oglethorpe, Strother,
Turner of Brooks Wall,
Walton,
Wilcox, Williams of Columbia, Willingham, Wright, Yancey, Zellner.

Yeas, 114. Nays, 2. Not voting 58.

So the necessary two. thirds having voted in the affirmative, the bill was introduced, read the first time and referred to the Committee on Corporations, to-wit:
By Mr. BarksdaleA bill to prohibit the sale of intoxicating liquors

JOURNAL OF THE HoUSE.
, within two miles of Johnson's Church, in the county of Warren.
The Speaker announced the following committee of conference on the part of the House on a bill to appropriate money to pay expenses of the Special Joint Committee on Wild I~ands, Messrs. MeWhorter, Roberts and Prescott.
Mr. Colley, chairman of the Committee on Military .Affairs, submitted the following report, to-wit:
Mr. Speaker :
The Committee on Military .Affairs have had under consideration the following bill, which they direct me as their chairman to report back to the House, with the recommendation that it do pass, as amended, to-wit:
A bill to be entitled an act to exempt certain members ofthe Constitutional Guards from road duty in the county of Liberty.
Respectfully submitted. F. H. CoLLEY, Chairman.
Mr. Paine, chairman of the Committee on Enroll ment, submitted the following report:
Mr. Speaker :
The Committee on Enrollment report as duly enrolled, and rPady for the signature of the Speaker of the House of Representatives the following act, to-wit:
An act to carry into effect paragraph 1, section 1, article 7 of the Constitution of 1877.
W. W. P .A.INE, Chairman.
On motion of Mr. Harrison, the rules were suspended and the following bill was taken up and the Senate amendments concurred in, to-wit:
A bill to provide for the creation of Boards of nommissioners of Roads and Revenues in the counties of Emanuel, Marion and Johnson, etc.

FRIDaY, 8EPTEMBE.R 19, 1879.

1507

On motion of Mr. Harrell, the rules were suspended and the following bill taken up and the Senate amendments concurred in, to. wit :
A bill to authorize the corporate authorities of Bainbridge to establish public schools, and to levy a tax for the maintenance thereof.
On motion of Mr. Polhill, the rules were suspended and the following bill read the second time, to-wit:
A bill to amend an act to incorporate the Louisville Branch Railroad Company, so as to authorize said company to borrow money on a mortgage of the road, its equipment and franchises.
Mr. lvey offered the following resolution, which was read and agreed to, and ordered at once transmitted to the Senate, to-wit:
A resolution-
Authorizing and requmng the Governor to have printed three hundred copies of the bill for the lease or sale of the Macon and Brunswick Railroad to be sent to parties desiring them.
'rhe special order of the day, the reports submitted by the committee appointed to investigate the office of the Principal Keeper of the Penitentiary, was then taken up.
Mr.' Chambers offered the following resolution, to- wit:
A resolution-
That the report designated as number one, signed by the chairman of the committee appointed to investigate the office of the Principal Keeper of the Penitentiary, be adopted by this House.
Resolved further, His Excellency, the Governor, be requested to remove at once J. W. Nelms, the Principal Keepe1 of the Penitentiary from his office.
Mr. Luffman offered as a substitute the following :

1558

JouRNAL OF THE HousE.

Resolved, That his Excellency, the Governor, being clothed with the power by virtue of his high office to enforce the laws, it shall be his duty to make a rigid
investigation of all the charges against John vV. Nelms,
Principal Keeper of the Penitentiary, and if in his opinion the said J. W. Nelms has been guilty of a. violation of law, or a failure to discharge the duties of the office of Principal Keeper of the Penitntiary, his Ex.cellency, the Governor, shall dismiss him, the said John vV. Nelms, from o:fli"ce.
On motion of Mr. Cox, of Troup, the Board of Managersof the impeachment case against John W. Renfroe, Treasurer, were grantt d such leave of absence ~s they may think necessary and proper fur the purpose of preparing the case.
On motion of Mr. Cook, the furthE'r consideration of this matter was made the special order forthis afternoon at 3:30 o'clock.
Leave of absence was granted to Mr. Colley, Mr. Pike and Mr. Livingston.
The House then adjourned till 3:30 o'clock P. :x.

3:30 O'cLocK P. :x.
The House reassembled, and was called to order by the Speaker.
The business in order was the consideration of thereports submitted by the committee to inv,..stigate the office of the Principal Keeper of the Penitentiary.
The question before the House bem5 the adoption ot the substitute proposed by Mr. Luffman.
Mr. DuBose called for the previous question on the substitute proposed by Mr. Luffman.
The call was sustained, and the main question otderPd.

FRIDAY, SJWl'EMBER 19, 1879.

1559

Mr. \Vilson called fol' 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.-

Anderson of Newton, Bennett,
Bleckley, Born, Branch, Brintle,
Butt,
Collin8, Cox of Harris,
Cunningham, Duggar, Elder,
Farnell, Gammage, Grant,
Hamilton,

Hanks,
Harrell, Harp, Hogan,
Hudson, Hulsey,
lvey, Jordan of Crawford, Luftinan,
.Maund, McAfee, McConnell,
McGourick, McLu.:as, l\1c Whorter, Mynatt,

Oliver, Paine,
Patterson,
Poppell, Rankin, Roach,
Rns~<ell,
Smith of Butts, Smith of Walton Taliaferro..
Tatum, Vick,
Weehunt, Wheeler. Wilson

Those voting in the negative are Messrs.-

Adams,
Anderson of Morgan, Awtry, Barksdale,
.Bell, Berry,' Bird,
Burch of Laurens, Hurch of Towns, Butler, Carr,
Chambers Chapman,
Colley, Cook, Crawford,
Davis of Houston, navison, DeLoach, Dozier,
DuBose,
Dupree,~
Duvall, Fitzgerald,
Fletcher,
Ford,
Fuller,
Garrard,
Glover

Greene of Madison, Hall, Hammond
Ha~rison,
Henderson, Hill, Howell of Lowndes, Humber, Hutchins, Irvine, Janes, Kendrick, Kimsey, King, Kirby, Lamb, Lang, l\1athews, :\IcDonald, Miller of Houston, :Miller of Liberty, Milner, Sisbet, Northern, Park, Paull, Perkins,
Phillips of Cobb,

Phillips of Coffee, Pr2scott,
Redwine, Reese, Riden,
Roberts,
Rogers, Scruggs, Shannon, Sharman,
Sheffield of Early,
Sil~:!s,
Strickland of Clinch, Str:ckland of B1yan, Strother,
Tarver, Tate,
Thomas, Toole,
Turner of Brooks, Walters, Welc:t,
Williams of Columbia.,
Williams, C. W., Williams, F. J. Wilmot, Yancey,
Zellner.

1060

JOURNAL OF THE HOUSE.

Those not voting,are Messrs.-

Anderson of Pulaski,
Barron, Brantley, Buchan,
Cannon, Clegg,
Cox of Troup, Daniel,
Davis of Baker, Dick in, Fort,
Gray, Greene of Baldwin, Harris,

Hollis, Howell of Pickens, Johnson of Clay, Johnson of Johnson, Jordan of Wilke~, Livingston,
McCurry,
McRae, Mitchell,
Peacock, Phillip~ of Carroll,
Phinizy, Pike,
Polhill,

Pope, Puckett,
Roney, Sheffield of Miller, Sibley, Simms,
Smith of Oglethorpe,
Turner of Coweta, Wall, Walton,
westbrook,
'Wilcox,
Willingham, Wright,

Yeas 47. Nays85. Not voting, 42.

Mr. Pope paired with Mr. Dicken, who, if present, would have voted yea and Mr. Pope nay.
So the substitute was not adopted Mr. Harrison called for the previous question on the resolution. The call was not sustained. Mr. Northern offered a substitute. Mr. Riden called for the previous question on Mr. Northern's substitute. The call was sustained, and the main question ordered. Mr. DuBose 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.-

Anderson ef Morgan, Anders0r: of Newton, Awtry, Branch, Burch of fownR, Chapman, Colley, Collins, Cox of Harris. Cunningham,

Hall,
Hanks, Harrell,
Hogan, Hudson,
Hulsey, Irvine, lvey,
Jordan of_Crawford, Kimsey,

Northern,
Oliver, Patterson,
Phinizy, Roach,
Russell,
Scruggs, Shetlied of Earl v, Smith of Butt><,'
Smith of Walton,

FBIDA.Y, SEPD:MDR 191 1879.

1561

DuBose,
EFl~dleJr ,
Gammage,
Grant,

Luffinan1 Maund,
McAfee,
:M:cGouirck,
M.1natt,

Taliaferro,
William&, 0. W.
Wilson, Zellner.

Those voting in the negative are Messrs.-

Adams BarW'ale, Bell,
Bennett,
~
Bird, '
Bleckley, Brintle, Bumh of Laurens, Butler,
Butt, Carr, Chambers, Cook,
Cox of Troup, Cmwford, Davis of Hon'ltnn,
Davison,
DeLoach,
Doaier,
Duar. Dupree, Duvall Fit&geralO,
Fletcher,
F~
Fuller,
Garrard Glover,

Greene of :M:adison, Hamilton, P.arp,
Harrison,
Rmeune, erson'
Rowell of Lowndes, Hntrber,
Hutchins, j anes,
Kendrick, King, Kirby, Lamb, La'DJ', Mathews, McConnell,
1\:InDonald, McLucas,
~IcWhorter,
Miller of Houston, Miller of Liberty, 1\nlner, :Xisbet,
Paull, Perkins, Philips of Cobb, P~llips of Coflile, Polhi11,

~n,

Preaco.t, Rank:n,

Redwine,

Beese,

Riden,

RobertR,
~rs,

Shtinnon,

Shar!I'an1

Sikes Strickland

of

~an,

Strick1and of Chncb,

Strot;..er,

Tarver,

Tate,

Tatum,

Thomas

Toole,

Turner of Brookl'l,

Turner of Coweta,

Walters,

Weehunt,

Welch,

'\\"beeler

Williams of Columbia,
Williams, F. J.

Wilmot.

Those not voting are Messrs.-

Amierson of Pulaski,
Barrnu, Born, Bra.ntley, Buchan,
Cannon,
Clegg.
!>aniel.
Davis of Baker, DFoicrkt,in1 Gray, Greene of Baldwin,
Hammond,
Harri,

Hollis, Howell of Pickens, Johr'lon of Clay, Jolmsoa of Johnson, Jorl'an of Wilkes, J,ivingston, McCurry,
YcBae, llitchell, Paine,
Park, Peacock, Phillips of Carroll, Pike, Pope.

Puckett1 Roney, Shefli.ed of Miller, SSiibmlme~y, Smith of Oglethorpe Vick,
'\Vall. Walton, westbrook,
Wilcox, Willingham, Wright,
Yam:ey.

Yeas 44. Nays 86. Not voting 44. 99

1562

JoURNAL OF THE HOUSE.

Mr. Yancey said he would vote nay, but was paired with Mr. Livingston.
The substitute was not adopted. Mr. Williams, of Columbia, called for the previous question. The called was not. sustained. Mr Wilson offered the following as a substitute.
A resolution-
Refening the reports of the committee to investigate the office of the Principal Keeper ot the Penitentiary to the Committee on the Judiciary, with instructions to report articles of impeachment against said J. VV. Nelms, or such other proceeding as will vindicate the fair fame of Georgia, and at the same time do evenhanded justice to one of her citizens.
Mr. Brintle called for the previous question on the substitute.
The call was sustained, and the main question ordered.
Mr. vValters called for the yeas and nays. The call was sustained, and on calliog the roll the vote was as follows :

Those voting in the affirmative are Messrs.-

Anderson of Newton, Barksdale,
Bell, Bennett, Berry, Bird, Brintle, Burch of Towns, Butt, Cox of Harris, Davison, DeLoach, Dozier, Duggar, Dupree, Duvall, Elder, Farnell,

Hall, Harrell, Harp, Hogan, Hudson, Humber, Irvine, Ivey, Kendrick, Kimsey, Lang, Luffman, Maund, McAfee, McConnell, 1\fcGourick, McLucas, Mc\'Vhorter,

Phillips of Cobb, Phinizy, Poppell, Prescott, Rankin, Roberts, Russell, Scruggs, Sharman, Sheffield of Early, Smith of Butts, Smith of Walton, Taliaferro, Tate, Tatum, Vick, \Veehunt, 'Wheeler,

FRIDAY, S1wrEMBER 19, 1879.

1563

Fletcher, Grant, Glover,

Paine, Patterson,

Williams, C. W. Wilson.

Those voting in the negative are Messrs.-

Adams, Anderson of Morgan,
Bl<!ckley, Born, Branch, Burch of Laurens, Butler,
Chambers, Chapman, Collins, Cook, Crawford, Cunningham, Davis of Houston, DuBose, Fitzgerald, Ford, Fuller,
Garrard, Greene of Madison, Hammond, Hamilton, Hanks,

Harrison, Henderson, Hill, Howell of Lowndes, Hulsey, Hutchins, Janes, Jordan of Crawford, King, Kirby, Lamb, Mathews, McDonald, Miller of Houston, Miller of Liberty, Milner, Mynatt, Nisbet, Northern, Oliver, Paull, Perkins, Phillips of Coffee,

Pike, Polhill, Pope, Redwine, Reese, Riden, Roach, Rogers, Shannon, Sikes, Strickland of Bryan, Strickland of Clinch, Strother, Tarver, Thomas, Toole, Turner of Brooks, Walters, Welch,
Williams of Columb'a, Williams, F, J. 'ilmot, Zellner.

Those not voting are Messrs.-

Anderson of Pulaski, Awtry, Barron, Brantley, Bucban, Cannon, Carr, Clegg, Colley, Cox of Troup, Daniel, Davis of Baker, Dickin, Fort,
Gammage,

Gray, Green of Baldwm, Harris, Hollis, Howell of Pickens, Johnson of Clay, Johnson of Johnson, Jordan of Wilkes, Livingston, McCurry, McRae, Mitchell, Park, Peacock, Phillips of Carroll,

Yeas 61. Nays 69. Not voting 44.

Puckett, ]{oney,
Sheffield of Miller, Sibley, Simms, Smith of Oglethorpe, Turner of Coweta, Wall,
'alton, Westbrook, Wilcox, Willingham,
Wright, Yancey.

So the substitute was not adopted.

1564

JouRNAL o.F' THE HousE.

Mr. Humber offered the following as a substitute, to-wit:
A resolution-
That this House pronounces its unqnalified censure
upon the action of John w. Nelms. Principal Keeper
of The Georgia Penitentiary, in making a private contract with the lessees of the convicts of said penitentiary to deliver said convicts to them at a certain price per cap-ita, and in enforcing the ~arne contrary to law ; but it being shown to the House by the evidence in this case that his Excellency the Governor having been put in. possession of all the facts by Judge John L. Hopkins as to the demands of said Principal Keeper to have paid to him by certain lPssees a given amount of money, against which they entered their earnest protest, and as he refused to interf~>re, therefore be indirectly, if not directly, approved said action and is re sponsible for this wrong and unlawful procedure of said officer.
Mr. Mynatt, chairman pro tem. of the Committee on the Judiciary, submittE>d 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 carry into effect article o, section 5, para-
graph 6 of the Constitution of this State, in reference to appeals from one jury to another in the Superior Courts and City Couris of this State, and prescribing the manner in which the same shall be done.
Respectfully submitted. P. L. MYNATT, Chairman protem.
Leave.s of absence were granted to Messrs. McRae, and Miller of Houston.
'fhe House then adjourned till 9 A. l!. to- morrow.

SATURDAY, SEPTEl\!BER 20, 1879.

15S5

ATLANTA, GEORGIA,

Saturday, September 20, 1879.

The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Mr. Hanks.
The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams, Anderson of Morgan, Awtry, Barksdale,
Bell, Bennett, Berry, Bird, Bleckley,
Born, Branch, Brantley, Brintle, Buchan, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Colley, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, Daniel, Davis of Baker, Davis of Houston, Davison,
DeLoach, Dozier, DuBose,

Greene of Madison, Hall, Hammond, Hamilton, HankE, Harrell, Harp, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Hudson,
Hul~ey,
Humber, Hutchins, Irvine,
Ivey, Janes, Johnson of Johnson, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Livingston, Luffman, Mathews, Maund, McAfee. McConnell, McDo'lald, 2\fcGouirck, McLucas,

Phillips of CoBee, Phinizy, Pike, Polhill, Pope, Poppell, Prescott, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Sc1uggH, Shannon, Sharman, Sheffield of Early, Sikes, Simms, Smith of Butts, Smith of Walton, Strickland of Bryan, Strickland of Clinch, Strother, Taliaie:ro, Tarver, Tate, 'J'aturu, Thomas, Toole, Turner of Brook~, Turner of Coweta, Vick,

1566

JoURNAL OF THE HOUSE.

Duggar, Dupree,
Duvall, Elder, Farnell,
Fitzgerald, Fletcher,
Ford, Fort, Fuller,
Gammage, Garrard, Grant, .
Gray,
Glover,
Greene of Baldwin,

McRae,
McWhorter M1ller of Houston,
Miller of Liberty, 1\filner,
Mynatt,
Nisbet, Northern, Oliver,
Paine, Park, Patterson, Paull,
Perkins, Phillips of Cobb,

Those absent were Messrs.-

Anderson of Newton, Anderson of Pulaski, Barron, Dickin, Harris,
Howell of Pickens,

Johnson of Clay, Jordan of Wilkes, McCurry Mitchell, Peacock, Phillips of Carroll,

Present 157. Absent17.

Walters, Weehunt, 'Welch, Westbrook, Wheeler, Wilcox, Williams of Columbl!J-1 Williams, G., W. WilliamR, F. J. Willingham, Wilmot, Wilson, Wright, Yancey, Zellner.
Sheffield of Miller, Sib lev, Smith of Oglethorpe, Wall, Walton,

Mr. Kimsey, from the Committee on Journals, re-

ported the Journal of yesterday examined and ap

proved.

The Journal was then read and confirmed.

Mr. IvP,y moved to suspend the rules for the purpose

of taking up Honse bills numbers 807 ani 968.

The motion did not prevail.

On motion of Mr. Pike, the rules were suspended,

and the following bill introduced, read the first time,

and referred to the Committee on the Judiciary:

By Mr. Pike-

.

A bill to prohibit the charging, demanding or receiv-

ing any fee or perquisite other than his salary by the

Attorney-General, and to prescribe a punishment for

any violation of this law, carrying out paragraph 1,

section 13, article 6, of the Constitution.

The unfinished business of yesterday was taken up,

SATURDAY, SEPTEMBER 20, 1879.

1567

the immediate question being the substitute offered by

Mr. Humber for the resolutions of the committee.

Mr. Walters called for the previous question.

The call was sustained, and the main question or-

derPd.

.

On the substitute, Mr. Walters 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.-

Bennett, Bird, Born, Brintle, Collins, Farnell,

Gammage, Harp,
Humber, McAfee, McWhorter,

Park, Phillips of Cobb, Roberts, Sikes, Vick,

Those voting in the negative are Messrs.-

Adams, Anderson of Morgan, Awtry, Barksdale, Bell, Berry, Bleckley, Branch, Buchan, Burch of Laurens, Burch of Towns, Butler, Butt, Carr, Chambers, Chapman, Colley, Cook, Cox of Harris, Crawfo1"d, Cunning-ham, Davis of Baker, Davis of Houston, DeLoach Dozier, DuBose, Duggar, Dupree, Duvall, Elder,

Hammond, Hamilton. Hanks,
Harrison, Henderson, Hill, Hogan, Howell of Lowndes, Hudson. Hulsey, Hutchins, Irvine,
Ivey, Janes, .Tordan of Crawford, Kimsey, King, Kirl:iy,
Lamb, Lang, Livingston,
Luffman, Mathews, Maund, McDonald, McGo;Jirck, McLucas, Miller of Liberty, Milner, Mynatt,

Pike.

Pope,

Poppell,

Prescott,

Rankin,

Redwine

Reese,

Riden,

Roach,

RogerR,

Russell,

Scruggs,

Shannon

Sharman

Sheffield of Earlv,

Simms,



Smith of Butts,

Smith of Walton,

Strickland of Bryan,

Strickland of Clinch,

Strother,

Taliaferro,

Tarver,

Tatum,

Thomas,

Toole,

Turner of Brooks

Turner of Coweta,

Walters;

vVeehunt,

1568

JOURNAL OF THE HousE.

Fitzgerald. Fletcher,
Ford, Fuller,
Garrard, Grant, Gray, Glover,
Hall,

Nisbet, Northern,
Oliver, Paine,
Patterson, Paull, Perkins, Phillips of Coffee,
Phinizy

Welch,
Wheeler, Williams of Columbia, Williams, C. W.
Williams, F. J Wilmot, Wilson.
Zellner.

Those not voting are Messrs.-

Anderson of Newton,
Anderson of Pulaski, Barron, Brantley, Cannon, Clegg, Cox of Troup, Daniel,
Davison, Dickin,
Fort, Greene of Baldwin, Greene of Madison,
Harrell,

HarnR Hollis,
Howell of Pickens,
Johnson of Clay, Johnson of .Johnson,
Jordan of Wilkes, Kendrick.
McConnell,
McCurry, McRae, Miller of Houston,
Mitchell, Peacock, Phillips of Carroll,

Polhill,
Puckett, Roney, Sheffield of Miller, Sibley,
Smith of Oglethorpe, Tate,
\Vall,
Walton, Westbrook,
\Vi! cox, Willingham, Wright,
Yancey,

Yeas, 16. Nays, 116. Not voting 42.

So the substitute was not adopted. Mr. Duvall offered as a substitute to recommit the whole matter to a special committee of five with instructions. Mr. Cook called for the previous question on the substitute. The call was sustained, and the main question or dered. Mr. Duvall called for the yeas and nays. The call was not sustained. The substitute was not adopted. The follewing was offered as a substitute by Mr. Turner, of Brooks, to-wit:

A resolutionThat the testimony reported by special committee

SATURDAY, SEPTEMBER 20, 1879

1569

on the office of the Principal Keeper of the Penitentiary be transmitted to his Excellency the Governor for such action as he may deem proper.
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 act, to.wit:
An act to carry into effect paragraph 1, section 1, article 7, of the Constitution of 1877.
The following message iVas received from the Senate, through Mr. Harris, Secretary thereof :
Mr. Speaker :
The Senate has passed the following House bills, towit:
A bill to fix the time of holding the Superior Court in the county of Clinch.
Also, a bill to amend section 3623 of the Code. Also, a bill to make it the duty of freeholders, or their agents, to return the names of all tax payers residing upon their premises. Also, a bill to repeal an act to prohibit the sale of spirituous liquors in the corporate limits of the town Sharpsburg, Coweta county. Also, a bill to repeal an act to reduce the salaries of Tax-Receiver and Collector for the county of Forsyth. Also, a bill to repAal an act to regulate the pay of jurors in :Macon county. Also, a bill to change so much of the law in relation to grand jurors in Pulaski county. Also, a bill to repeal an act to require the registration of voters in Mcintosh county. Also, a bill to repeal an act to abolish the office of Treasurer of the county of Pulaski.

1570

J OURNA.L 01!' THE HoUSE.

Also, a bill to authorize the erection of a court-house for the county of Fulton, and the creation of a debt for that purpose.
Also, a bill to repeal the 43d section of an act to amend the several acts incorporating the city of Gaines-
villP. Also, a bill to authorize the Comptroller-General to
accept as a basis of taxation of the Upson County Railroad for the four years it is in default, the taxable value thereof as determined by arbitration for the year
1878. Also, a bill to divert the unexpended fund known as
the Ohoope River fund, to educational purposes in the county of Tattnall.
Also, a bill to amend the charter of the Barnard and Anderson Street Railroad.
Also, a bill to amend the road laws of this State, so far as they relate to the county of DeKalb.
Also, a bill to fix the compensation of Tax-Receiver and Collector of Cherokee county.
The Senate has also passed the following House bills, with amendments, in which tlwy ask the concurrence of the House, to-wit:
A bill to prevent the giving or promising to give by any.one, for himself or for others, any fee or interest to the State Treasurer or other officer, for the deposit or use of the money of the State.
Also, a bill to provide for the suspension of the Treasurer or Comptroller-General of the State, in certain cases.
Also, a bill to provide for the appointment of a prosecuting attorney for the county of Pulaski.
Also, a bill prescribe the method of granting license to sell liquor in the county of Bulloch.
Also, a bill to regulate the manner of letting out contracts to build or repair public buildings in the several counties of this State.

SATURDAY, 8EPTE111BER 20, 1879.

1571

.Also, a bill to incorporate the Savannah Safe and Trust Company.
The Senate has also agreed to the House resolution authorizing the Governor to have three hundred copies of the act providing for the sale of the Macon and Brunswick Railroad published.
The Senate has consented to the appointment of a conference committeA in the House bill appropriating money to pay the expenses of the Joint Wild Land Committee, and have appointed on said committe on the part or the Senate, Senators Harrison, Hudson and Duncan.
Mr. Davis of Houston, proposed to amend the substitute by inserting after the word "resolved" and before the word ''that'' the words ''that the report of the committee denominated report No. 1 be adopted and."
Mr. Colley called the previous question on the whole question.
The call was sustained, and the main question ordered.
Mr. Pike called for the yeas and nays. The call was not sustained. The amendment was not adopted. Mr. Westbrook called for the yeas and nays. The call was sustained. By unanimous consent the time of the House was extended till the vote could be taken. On calling the roll the vote, on Mr. Turner's substitute as the original proposition, was as follows :

Those voting in the affirmative are Messrs.-

Anderson of Morgan, Bell, Bennett, Berry, Bleckley, Born, Branch, Buchan, Burch of Laurens,

Hanks. Harrell, Harrison,
Hender~on,
Hill, Hogan, Howell of Lowndes, Hudson, Hulsey,

Perkins, Phillips of Cobb, Phillips of Coffee, Phinizy, Pope, Poppell, Prescott, Redwine, Roach,

1572

JOURNAL OF THE HoUSE.

Burch of Towns,
Butt, Chapman,
Colley, Cook, Cox of Harris, Cunningham, Duggar, Dupree, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fuller, Grant, Gray, Glover, Hall, Hammond, Hamilton,

Humber, Hutchins, lvey,
Janes, Jordan of Crawford, Kimsey, Lamb, Lang, Luffman, Maund, McAfee, McDonald, McGouirck, McLucas, McWhorter,
Mynat~,
Northern, Oliver, Paine, Park, Patterson,

Roberts, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Smith of Butts, Smith of Walton,
Strickland of Bryan Strother, Taliaferro, Tatum, Turner of Brooks, Viclr, Weehunt, Welch, Wheeler,
Williams, C. W. Wilmot, 'Wilson, Zellner.

Those voting in the negative are Messrs.-

Adams, Barksdale, Bird, Brintle, Butler, Carr, Chambers, Crawford, Davis of Baker, Davis of Houston, Davison, DeLoach, Dozier,

DuBose, Duv:.ll, Garrard, Greene of Madison, Irvine,
Kendrick, King, Kirby, Mathews. Miller of Liberty, Milner,
Nisbet, Paull,

Pike, Rankin,
Reese, Riden, Rogers, Sikes, Strickland of Clinch, Tarver,
Toole, Walters,
Westbrook, Williams F. J.
Yancey.

Tho~~ not voting are MeJsrs.-

Anderson of Newton, Harris,

Puckett,

Anderson of Pulaski, Hollis,

Roney,

Awtry,

Howell of Pickens, Sheffield of Miller,

Barron,

Johnson of Clay,

Sibley,

Brantley,

Johnson of Johnson, Simms,

Cannon,

Jordan of Wilkes,

Smith of Oglethorpe,

Clegg,

Livingston,

Tate,

Collins,

McConnell,

Thomas,

Cox of Troup,

McCurry,

Turner of Coweta,

Daniel,

McRae,

Vi all,

Dickin,

Miller of Houston, walton,

Fort,

Mitchell.

Wilcox:,

Gammage,

Peacock,'

\Viiliams of Columbia,

Greene of Ba.dwin, Phillips of Canoll, Willingham,

Harp,

Polhill,

Wright.

Yeas 90. Nays 39. Not voting 45.

MoNDAY, SEPTE~IBER 22, 1879.

1573

So the reEolution was adopted by substitute. The following leaves of absence were granted: To Messrs. Poppell, Polhill, and Livingston on busi ness, and to Messrs. DeLoach, Puckett, Strickland of Bryan, and Glover, on acount of sickness. The House then adjourned till 9 A. ~I. Monday.

ATLANTA, GEORGIA,
.Monday, September 22, 1879
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Mr. Oliver.
The roll was called, and the following members answered to their names :

Those present were l\fessrs.-

Adam~,
Anderson of Morgan, Anderson of Pulaski, Awtry, Barksdale, Barron, Bell, Bennett, Berry,; Bird, Bleckley, Born, Branch, Brantley, Brintle, Buchan, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Carr,
Chamber~
Chapman, Clegg,

GloYer Greene of Baldwin, Greene of l\fadison, Hall, Hammond Hamilton, Hanks, Harrell, Harr;s,
Harrison, Henderson, Hill, Hogan, Hollis,
Howell of Lowndes, Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey, Janes,
Jordan of Crawford, Kendrick, Kimsey,

Phillips of Cobb, Phillips of Cofiee, Phinizy, Pike, Polhill, Pope, Poppell, Prescott, Puckett, Rankin, Redwine, Heese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sikes, Simms,
Smith of Butts,

1574

JOURNAL OF THE HoUSE.

Colley, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham,
Daniel, Davis of Baker, Davis of Houston, Davison, Dick in,
Dozier, DuBose, Duggar,
Dupree, Duvall, Elder, Farnell,
Fletcher,
Fo~d,
Fort, Fuller,
Gammage, Garrard, Grant,
Gray,

King, Kirby, Lamb, Lang, Luffman, Mathews, Maund, McAfee, )fcConnell, McDonald, McGourick,
McLu~as,
McRae, Mc,Vhorter, Miller of Houston, Miller of Liberty, Milner, Mynatt, Nisbet, Northern Oliver, Paine. Park,
Patterson, Paull, Peacock, Perkins,

'rhose absent were Messrs.-

Anderson of Newton, DeLoach, Fitzgerald, Harp,
Ho.vell of Pickens, Johnson of Clay, Johnson of Johnson,

J ordau of WilkeR, Livingston,
McCurry, Mitchell, Phillip~ of Carroll,
Sheffield of Miller,

Present, 155. Absent, 19.

Smith of Walton Strickland of Clinch, Strother, Taliaferro Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta, Vick, vValters, vVeehunt, Welch, Westbrook, Wheeler. Wilcox, Williams, C. W., Williams, F. J. Willingham, Wilmot, Wilson vYright, Yancey, Zellner.
Sibley, Smith of Oglethorpe, Strickland of Bryan, Wall, Walton, Williams of Columbia.

Mr. Welch, from the Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal was then read and confirmed.
By unanimous consent of the House, Mr. Born, Mr. Gammage, and Mr. Collins, were allowed to change their votes on the question of adopting the substitute proposed by Mr. Humber for the resolutions offered by the committee, from aye to nay; and Mr. Humber was

MoNDAY, 8EPTEl\1BER 22, 1879.

1575

allowed to change his vote on the substitute oftered by Mr. Turner of Brooks, from aye to nay.
Mr. Cox, of Harris, offered the following resolution, which was read and referred to the Committee on Rules, to-wit:
A resolution-
Restricting speeches to ten minutes each on each question, except by unanimous consent of the House.
Mr. Toole offered the following resolution, which was read and agreed to, to-wit:
A resolution-
That the Home, the Senate concurring, appoint a committee of three, with a committee of two from the Senate, to take into conshleration the practicability of an early adjournment.
By permission tlle following bill was withdrawn, towit:
A bill to amend section 1455, and to amend the sections of the Code relative to a stock law, so far as Forsyth county is concerned.
On motion of Mr. Ivey House bill No. 807 was taken from the table and placed in its order on the calendar.
The roll of counties was called.
By a vote of two-thirds, yeas 88, nays none, the following bill was introduced, read the first time, and referred to the Committee on Counties and County Lines, to-w1t:
By Mr. ButlerA bill to repeal all laws and parts of laws closing the land office of Camden county, and for other purposes. By a two-thirds vote, yeas 92, nays none, the following bill was introduced, read the first time, and reterred to the Committee on the Judiciary, to-wit:

1576

JoURNAL OF THE HOUSE.

By Mr. HamiltonA bill for the relief of Thomas L. Latterstedt from all pains and penalties by reason of a second marriage. The following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to-wit: By Mr. BrintleA bill to regulate the time of holding the Superior Courts in the several counties composing the Rome Circuit. By Mr. AwtryA bill to amend section 3845 of the Code in reference to the payment of State's witnesses so as to make the provisions of said section apply to defendant's witnesses in certain cases. The following bill was read the third time, the evidence of the publication of the notice required by law, was exhibited, and the bill passed by the requisite constitutional majority; yeas 88, nays 1, to-wit: A bill to provide for the election of Judge of the County Court of Putnam countyofthe qualified voters of said county, and for other purposes. The following bill was read the third time ; the evidence of the publication of the notice required by law was exhibited, and the bill passed by the requisite constitutional majority ; yeas 89, nays none, to-wit: A bill to repeal an act to prescribe the mode of granting license to sell intoxicating liquors in the county of Muscogee, outside the corporate limits of the city of Columbus and within one-half mile of the corporate limits of said city, approved February-23,
1876. Mr. Northern, (lhairman of the Committee on Educa-
tion, submitted the following report :
Mr. Speaker:
The Committee on Education have had under con-

MONDAY, SEPTEMBER 22, 1879.

1577

sideration the following Senate bill, which they recommend do not pass, to-wit:
A bill to be entitled an act to carry into effect section 4, article 8, of the Constitution.
The committee have also considered the following bill, which they ask the House to allow the introducer to withdraw, to-wit :
A.n act for the relief of the Board of Public Education of the city of Americus.
\V. J. NoRTHERN, Chairman. Mr. Paine, chairman of the Committee on Enroltment, submitted the following report:
Mr. Speaker:
The Committee on Enrollment report as dnly enrolled, and ready for the signature of the Speaker of the House of Representatives, the following acts, towit:
An act to make it the duty of freeholders or their agents to return the names of all tax-payers residing upon their premises on the first day of April of each year.
Also, an 1.ct to authorize the corporation of the city of Bainbridge to levy a tax for the purpose of establishing and maintaining public schools in and for the municipality ot Bainbridge, under and in conformity to section 4, article 8 of the Constitution of Georgia, and to authorize the County School Commissioner of said county to pay over to the trustees of said city schools such. part of the State school fund as may be their just pro rata share thereof.
Also, an act to prescribe the method of granting license to sell spirituous or intoxicating liquors in the the county of Bulloch, and to increase the fee for the same to $5, OfJO.
Also, an act to amend section 3623 of the Code of 1873.
100

1578

JoURNAL OJ! THE HousE.

Al:5o, an act to change so much of the law in relation to Grand Juries in Pulaski county as provides for two panels of Grand Jurors, so as to reduce the same to one.
Also, an act to repeal an act to aboiish the office of Treasurer of the county of Pulaski; to vest the duties of said office in the Judge of the County Court, and for other purposes, approved February 4, 1875, and to provide for the discharge of the duties of said office until an election shall be held for said office.
Also, an act to authorize and require the ComptrollerGeneral to accept as a basis of taxation of the Upson County Railroad for the four years it is in default, the taxable valuE> tlu~reof as determined by arbitration for the year 1878, and to relieve said railroad from the penalties attached because of said default.
Also, an act to amend the charter of the Barnard and .Anderson Street Railroad, so as to extend the road bed.
Also, an act to repeal an act entitled an act to require the registration of voters of Mcintosh county.
Also an act to alter and amend the road laws of this State, so far as relates to the county of DeKalb, and to provide for the working of the 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.
Also, an act to repeal an act P.ntitlE'd an act to reduce tlu:J salaries of Tax-Receiver, Tax Collector and School Commissioner for the connty of Forsyth, State of Georgia, approved Pebrnary 27, 1877.
Also, an act to repeal the 43d section of an act entitled an act to amend the sP.veral acts incorporating the city of Gainesville, in Hall county, ancl an act to establish a City Court for the city of Gainesville, prescribe its powers and jurisdiction, and for other pur-

:MoNDAY, SEPTEl\lBER 22, 1879.

1579

poses, approved February 24, 1877, and the acts amendatory thereof so far as relates to the establishing of a Criminal Court in said city of Gainesville.
Also, an act to <'livert the unexpended part of the fund known as the Ohoopee River Fund, a fund provided for opening up the Ohoopee River, in the county of Tatnall, to educational purposes.
Also, an act to repeal a:n act to prohibit the sale of spirituous liquors in the incorporate limits of the town of Sharpsburg, Coweta county, approved February 24, 1877.
Also, an act to fix the compensation of Tax-Receiver and Collector of Cherokee county, and for other purposes.
Also, an act to repeal an act to regulate the pay of jurors in Macon county, approved February 23, 1876.
Also, an act to fix the time of holding the Superior Courts in the county of Clinch.
Also, an act to authorize the erection of a CourtHouse for the county of Fulton, and the creation of a debt by an issue of bonds or otherwise, and a levy of an extra tax for said purpose.
Also, an act to provide for the creation of a Board of Commissioners of Roads and Revenues in the counties of Emanuel, :Marion and Johnscn, to prescribe their powers and duties, and to limit the c0mpensation of officers employed by them.
Also, a resolution to authorize and require the Governor to have printed for distribution, among parties who may desire it, three hundred copies of the act pro-. viding for the lease or sale of the Macon and Brunswick Railroad.
W. W. PAINE, Chairman.

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

1580

JoURNAL OF THE HoUSE.

Mr. Speaker:

The Senate has ado:i,Jted the following resolution and asks the concurrence of the House therein, to-wit:

A resolution-
To appoint a committee of two from the Senate to confer with a committee of three from the House, to be appointed by the Speaker thereof, to examine the business now before the General Assembly, and report the earliest practical day the General Assembly can adjourn sine die, and I am instructPd to notify the House at once of this acti(\n on the part of the Senate.
The committee on part of the Senate: :Messrs. Rus sell and Grimes.
The following bill was read the third time ; the evidence of the publication of the notice required by law was exhibited, and the bill passed by the requisite constitutional majority, yeas 89, nays none, to-wit:
A bill to repeal an act to reduce the corporate limits of the town of Waycross, in the county of \Vare, approved February 19, 1876.
The following bill, the amendments proposed by the committee previously acted on and adopted, was taken up, read the third time, the report of the committee was agreed to and the bill passed, as amended, by therequisite constitutional majority ; yeas 96, 11ays none, towit:
A bill to carry into effect paragraph 4, section 1, article 11, of the Constitution.
On motion of :J\Ir. Adams all House bills amended in the Senate were taken up in order.
The Senate amendments to the following bill were concurred in, to-wit:
A bill to incorporate the Savannah Sate Deposit and Trust Company.

:MONDAY, SEPl'El\IBER 22, 1879.

1581

The Senate amendments to the following bill were concurred in, to-wit:
.A bill to provide for the appointment ot a prose-
cuting attorney for the county of Pulaski, and define his duti~s.
The Senate amendments to the following bill were concurred in, to-wit:
A bill to regulate the manner of letting out contracts to build or repair public buildings, bridges, etc., in this State.
Also, the following bill, to-wit: A bill to prevent the giving or promising to give to the State Treasurer any money as interest, fee or com mission for deposit of the State's money. .Also, to the following bill, to-wi: A bill to provide for the suspension of the Treasurer or Comptroller General in certain cases.
The following bill was read the third time; the report of the committe~, as amended, was agreed to, and the bill passed, as amended, by the requisite constitutional majoriy; yeas 96, nays none, to-wit:
A bill to define who are agents of insurance companies not incorporated by or under the laws of this State, and to fix their liability when not acting by authority of law.
On motion of Mr. Garrard the following bill was taken up, to wit:
A bill to reduce and regulate the fees of Tax-Re ceivers and Collectors in all the counties of the State, to repeal alllocallawR relating thereto, etc.
The report of the conference committee was agreed to.
The action of the House upon the above bill, and in concurring in the Senate amendments to the various bills above enumerated, was ordered at once transmitted to Senate.

1582

JoURNAL OF THE 1IOUSE.

By permission the following bill was withdrawn, towit:
..A bill for the relief of C. ..A. Nutting and John T. Grant.
Tlie following bill was read the third time; the evidence of the publication of the notice required by law was exhibited, and the bill passed by the requisite constitutional ma,iority; yeas 96, nays none; to-wit:
A bill to repeal an act to reduce the commissions of the Tax-Collector and Tax-Receiver of the county of Clay, and to repeal an act to reduce the commissions of the Treasurer of said county, approved February 28, 1!;76.
The following bill was read the third time ; the evidence of the publication of the notice required by law was exhibited, and the bill passed, by the requisite constitutional majority; yeas 88, nays none, to-wit:
A bill to prohibit hunting on the lands of another in the counties of Jones, Montgomery and Tatnall, and to prohibit fishing in the waters on the lands of another in the county of Tatnall.
The following bill was read the third time; thereport of the committee was agreed to ; the evidence of tha publication of the notice l'equired by law was exhibited, and the bill pass.,.d, by substitute, by the requisite constitutional majority; yeas 94, nays none, towit:
A bill to encourage the culture of fish in the natural and arttficial ponds and streams on the lands of David Dickson, of Hancock county, lying in the county of Hancock or 'Vashington, or both, and on the lands of Samuel C. Nicholson, lying in the county t>f Dodge, etc.
The following bill was read the third time, to-wit: ..A bill to fix the amount of license for selling or nmding spirituous or intoxicating liquors in the coun-

:MoNDAY, 8EPTEl\fJ3ER 22, 1879.

158R

ties of Wayne, Liberty, Coffee and AppJ ing, in this State, and to prescribe a punishment for any violation of this act.
Mr. Millt>r, of Liberty, submitted certain memorials from citizens of Liberty against the passage of the bill.
The proper legal notices were exhibited, and the biJl passed by the requisite constitutional majority ; yeas 91, nays none.
Mr. Strickland, of Clinch, offered the following resolution, which was read and agreed to, to-wit:
A resolution-
Instructing the Comptroller-General to make certain inquiries, and issue instructions in regard to the tax on liquors.
The following bill was read the third time; thereport of the committee was agreed to; the evidence of the publication of the notice required by law was exhibited, and the bill passPd, by the requisite constitu. tional majority; yeas 88, nays none, to-wit:
A bill to prescribe the method of granting licenseto sell spirituous or intoxicating liquors in the town of Eastman, in the county of Dodge, county of Tatnall and county of Taliaferro, in this State, and to fix the license therefor, and to prescribe a penalty for the violation of the reqnirements of this act, and for other purposes.
The following bill was read the third time, and lost for want of the requisite constitutional mnjority; yeas 85, nays 5, to-wit:
A bill to amend section 1416 of the Code. The following bill was read the third time ; the evidence of the publication of the notice required by laM was exhibited, and the hill passed by the requisite constitutional majority; yeas 93, nays none, to-wit: A bill to extend to the county of Burke the provis-

1584

JoURNAL OF THE HOUSE.

ions of an act entitled an act to provide for the payment of certain insolvent criminal costs in the Augusta Juclicial Circuit, approved February 15, 1873.
The following bill was read the third time, and passed by the requisite constitutional majority; yeas 8ti, nays none, to-wit:
A bill to provide for the incorporation of college libraries and other literary, charitable or social organizations which have no capital stock, and which are not organized for individual pecuniary gain.
The following bill was read the third time ; the evidence of the publication of the notice required by law was exhibited, and the bill passed, by substitute, by the requisite constitutional majority ; yeas 92, nays none, to-wit:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues for Crawford county.
The following bill was read the third time ; the evidence of the publication of the notice required by law was exhibited, and the bill passed by the requisite constitutional majority; yeas 89, nays none, to-wit:
A bill to repeal an act to change and regulate the school system in the counties of Ware, Echols, Lowndes, Berrien, Charlton, Dodge and Clinch in certain particulars, approved February 15, 1877, so far as applicable to Dodge county.
The following bill was read the third time, and the report of the committee amended and agreed to, towit:
A bill to amend and act to require the County School Commissioners of the several counties to make annual reports of school operations, and to submit their books for examination to the grand juries of their respective counties, approved February 21, 1877.
On the passage of the bill, Mr. Mathews called for the yeas and nays.

MONDAY, SEPTEXBER 12, 1879.

1585

The call was sustained, and on calling the roll the vote was as follows :

Those voting in the affirmative are 1\:fessrs.-

.A.nderson af ;1\IOl"pn, Gammqe,

Alvtry,

Greene of Baldwin,

Bell,

Greene of Madison,

Belmett,

Hall,

Berry,

Hamilton,

Bird,

Hanks,

Branoh,

Harrell,

Br1ntle,

Harris,

Buchan,

Henderson,

Burch of Laurens, Butler,

HHoigll~n,

Cannon,

Hollis,

Chambers,

Howell of Lowndes,

Chapman,

Hudson,

Coo\,

Hulgey,

Cos: of Harris.

Humber,

Crawford,

Hu:crins,

D~niel,

Ivev,

Davis of Baker,

Jord:m of Crawford,

Davis of lLtif>lftlU, Kimsey,

Dozier,

Kirby,

Dnuar,'

Lamb,

Dupree,

Lang,

Duvall

MathelvE~,

Elder,

McGouirck,

Famell,

1\lillerof Liberty,

Fletcher,

~isbet,

Ford,

Norihe.rn,

FOl't,

Oli\er,

Fuller,

Paine,

Park, Patterson,
Paull, Perldm, Pope, Prescott, Riden. Roach, Rogers, R011e1 Rul!llflli, Shannon,
Sharman,
Sikes, Smith of Ruttll, Smith of Walton, Strickland of Cliiwk, Strother,
Tar~er,
Thomas_ Toole,
Vick, Walters, '\Vestbrook,
Wheeler, Williams, C. W.
Williams, F. J.
Wilmot, WriJrht, Yancey.

Those voting in the negative are 1\'Iessrs.-

Bleckley, Born, Butt, Davison,
Irvine, Janes,

Kendrick, Xing, Luflinan,
McAiee,
Philips of Cobb.

Those not voting are Messrs.-

Philliys of Co1fee Redwme, Roberts,
Taliaferro, Weebant.

Adams, Anderse>r: of Newtnn, Ar..d.erRon of Pulaski, Barbdale, Barron,,
Brantley, Burch of rowlll',

Harrison, Rswell of Pickens, Johnson of Olav,
Johnson of Johnson, Jo>:dan nf Wilkes, Livingston, l\Iaund,

Puckett, R;on.Jdn,
Reese,
Scrufm~~,
Sheftied of Early, Sheilied of Miller, Sibley,

1586

J 0 U~NAL OF THE ROUSE..

Carr, Clegg, Colley, Collins, Cox of Troup, Cunningl>am,
DeLoach,
Dickin, DuBose, Fitzgerald.
Garrard,
Grant, Grav,
Glover, Hammond, Harp,

:McConnell, McCurry, McDonald,
l\fcLncas, l\IcRae,
l\lc'Vhorter, Miller of Houston,
Milner,
Mitchell, llfynat', Peacock,
Phillips of Carroll, Phinizy,
Pike, Pol hill,
Poppell,

YP-as 90.

Nays16.

Not voting, 68.

Simms, Smith of Oglethorpe Stric~land of Bryan,
Tate, Tatum, Turner of BrnnkP, Turner of Coweta, Wall, Walton, welch,
'Vilcox, Williams of Columbilt, Willingham, "\Vilson,
Zellner.

So the bill passed, as amended, by the requisite constitutional majority.
'l:'he following was, on motion, laid on the tahle, towit:
A bill to repeal sections 1631, 1632 and 1683 of the Revised Code.
On motion of Mr. Redwine, the following Senate resolution was taken up and concurred in, to-wit:

A resolution-
To appoint a committee to r.onsist oJ two from the
Senate and three from the House to examine the condition of the business now before the General Assembly with a view to an early adjournment.
The following bill was, by permission, withdrawn, to-wit:
A bill to transfer Stewart county from thB Chattahoochee to the Pataula Circuit.
Leave of absence was granted for a short time to the Committee on the Judiciary.
ThA following bill was laid on the table, to-wit: A bill to require the county authorities to publish itemized statements of expenses annually.

MONDAY, SEPTE:~IBER 22, 1879.

1587

The following bill was read the third time ; the report of the committee was amended and agreed to; and bill passed, as amended, by the requisite constitutional majority ; yeas 88, nays 9, to- wit :
A bill to prescribe the fees of the Clerk of the Superior Court for all services required in the appointment of Commercial Notaries Public.
Committee on Rules submitted the following report :
Mr. Speaker:
The Committee on Rules recommend that during the remainder of this session the call of counties for th~::~ introduction of new matter be dispensed with, and that the introduction of such matter be only allowed under a suspension of the rules.
The committee further recommend that during the remainder of this session no member shall speak at one time more than ten minutes unless otherwise allowed by a majority of those present.
A. 0. BACON, H. G. \VHIGIIT, H. G. TURNER. vVM. 1\f. HA:~moND,
Read and adJpted by the House. On motion of Mr. \Vl'ight) the following new Rules, reported previouly by the committee, were adopted: The committee recommend that Rule 14 of the House be amended by striking out the words "or to postpone indefinitely'' from the first clause of the same, so that the same shall read as follows : "The motion for the previous question shall take precedence of all other motions except a motion to adjourn, or to lay on the table," etc. The committee also recommend that Rule 38 of the Honse be amended by adding the following thereto : " 'Vhen in Committee of the vVhole, upon any sub-

H>SS

JouRNAL oF THE HousE.

ject, speeches shall be limited to ten minutes each, and no member shall be allowed to speak more than once to the same amendment so long as any other member desires to be heard on the same; and when going into Committee of the vVhole, it shall be competent for the House to indicate the time within which the committee shall rise and report to the House."
Mr. Turner, of Brooks, chairman of the Committee on the .Tudiciary, snbmitted the following report:
Mr. Speaker:
The Committee on the Judiciary, to whom was referred the report of the special committee on the Treasury Department of the State, with the testimony reported by said special committee, and with instructions to prepare and report suitable articles of impeachment against J. \V. Renfroe, 'freasurer of the State, report herewith said articles of impeachment, and recommend their adoption by the House.
Respectfully submitted. H. G. 'fuRNER, Chairman.

Articles exhibited by the Honse of Representatives of the State of Georgia in the name of themselves and in the name and behalf of all the people of Georgia against John \V. Renfroe, Treasurer of the State of Georgia, in maintanance and support of their impeachment against him for high crimes and misdemeanors in office.
ARTICLE I.
That said John vV. Renfroe, 'freasurer of the State of Georgia, unmindful of the duties of his office and of his oath of office and contrary to the laws of said State on the 3d day of July, in the year of our Lord, 18i8, in the city of Atlanta, in the county of Fulton, in said State of Georgia, did then and there corruptly

MONDAY, SEPTEMBER 22, 1879

1589

and illegally through the hands of one ce1tain V. R.
Tommey, received from a certain bank to-wit: the Georgia Banking and Trust Company of Atlanta, Georgia, and appropriate to his own use a certain fee, interest or reward, to-wit; the sum of $250, for the deposit in said bank of 830,000, or other large sum of the public funds of said State from the 1st day of January until the 1st day of July, of said year 1878.
'Vhereby, the said John ,V. Renfroe, Treasurer as
aforesaid, did then and there commit and was guilty of a high misdemeanor in office.

ARTICLE II.
That said John \V. Renfroe, Treasurer of the State of Georgia, unmindful of the duties of his office and of his oath of office, ~nd of the laws of said State on the 1st day of January, in the year of our Lord 1878, and on divers days after said day at Atlant~, in Fulton county, in said State, did wrongfully, illegally, and for his own lucre and gain receive and appropriate to his own use divers large sums of money from divers persons, banks, and corporations as fees, interest or reward for the deposit and Ui"e of large portions of the public funds of said State with such persons, banks and corporations such sums thus wrongfully, illegally and corruptly received and appropriated to his own use aggregating $5,300, or other large sums, all of which is more particulal'ly set forth in the several specifications hereinafter mentioned; that is to say,
Specification l-In this, to-wit: tl~at in the city of Atlanta, in said county of Ji'nlton, in said State of Geol'gia, the said J olm \Y. Renfroe, T1easurer as aforesaid, did on the 1st day of January, in the year 1878, and on divers other days between said 1st day of January, 1878, and the 6th day of November, 1878, unlawfully and corruptly receive and appropriate to his

1590

JoURNAL OF THE HOUSE.

own use divers large sums of money as interest or reward for the use and deposit of portions of the public

funds of said State which had theretofore been de posited by him, the said John \V. Renfroe, Treasurer, with the Bank of the State of Georgia, located in said city of Atlanta, which said sums so received as aforesaid by said Treasurer were paid and delivered to him, said Treasurer, by and through one John"' Murphy, then and there being the clerk and one of the sureties on the official bond of said Treasurer in the amounts and on the days following, to-wit:

On January 1, 1878, the sum of............... $176 11 On February 1,1878, the sum of.............. 182 72 On March 1, 1878, the sum of................. 165 17 On A pril2, 1878, the sum of. . . . ... .. .... . . . . . . . . 153 25

On May 1, 1878, the sum of.................... 129 85

On June 1, 1878, the sum of...... . . . . . . . . . . . . . . 148 11 On July 1, 1878, the sum of.................. 134 76

On August 1, 1878, the sum of. . . . . . . . . . . . . . . . On September 1, 1878, the sum of. . . . . . . . . . . . . On October 1, 1878, the sum of. . . . . . . . . . . . . . . On November 1, 1878, the sum of. . . . . . . . . . . . .

79 87 62 51 56 82 38 85

Total. ................................ Sl,i328 02
vVhich said sums said John \V. Renfroe, Treasurer as aforesaid, received and appropriated as aforesaid well knowing that the same were paid and delivered to him as fees, interest, or reward for the deposit of portions of the public funds of said State with the said Bank of the State of Georgia.
Specification 2-In this, to-wit: that in Atlanta, in said State, and county of Fulton, on the 3d day of January, 1S78, and on divers other days between said 3d day of January, 1878, and the 6th day of January, 1878, said John W. Renfroe, Treasurer of said State, did unlawfully and corruptly receive and appropriate

MoNDAY, S.I!:PTEMBER 22, 1879.

1591

to his own use divers large sums of money as interest or reward for the use or deposit of portions of the public funds of said State which had theretofore been deposited by him, said John "\V. Renfroe, Treasurer, with the Citizens Bank of Atlanta, Georgia, which sums so received by him as interest or reward as aforesaid were paid and delivered to him, said Treasurer, by and through one John vV. :Murphy, then and there being the clerk and one of the sureties on the official bond of said Treasurer, upon the dates and in the amounts following, to wit:
OnJanuary3, 1878 ......................... $163 79 On February 1, 1878. . . . . . . . . . . . . . . . . . . . . . . . 193 53 On March 2, 1878. . . . . . . . . . . . . . . . . . . . . . . . . . . 183 41 On April 2, 1878. . . . . . . . . . . . . . . . . . . . . . . . . . . 234 85 On May 3, 1878.............. ................ . . . . 203 12 On June 4, 1878 . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 62 On July 2, 1878. . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 98 On August 16, 1878.. . . . . . . . . . . . . . . . . . . . . . . . 150 82 On September 2, 1878. . . . . . . . . . . . . . . . . . . . . . . 104 70 On October 3, 1878. . . . . . . . . . . . . . . . . . . . . . . . . 102 40 On November 6, 1878....................... 78 95

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,743 17
Specification 3-In this, to-wit: that at Atlanta, in Fulton county, in said State, on the 5th day of January, 1878, and on divers days between said day and the 6th day of November, 1878, said John '\V. Renfroe, Treasurer as aforesaid, did unlawfully and corruptly receive and appropriate to his own use divers large sums of money as interest or reward for the deposit or use of portions of the fund of said State, which had been theretofore deposited by the Treasurer with the Atlanta Savings Bank of Georgia, a. bank located at Atlanta, Georgia, which sums so received by him as interest or reward, as aforesaid, were paid and deliv-

1592

JouRNAL OF THE HousE.

ered to said Treasurer by and through one John W. Murphy, then and there being the clerk and one of the sureties on the official bond of said Treasurer in the amounts and on the days following, to-wit:

January 5, 1878 ............................... $ 126 92 February 2, 1878. . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 21 March 9, 1878. . . . ...... . . . . . . . . . . . . . . . . . . . . . . 136 00 April 3, 1878...... ... .. . .. .. .. .. .. .. .. .. .. .. .. 140 00 May 2, 1878 . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . 109 97 June 5, 1878........ ......................... 140 82 July 2, 1876................. :. . . . . . . . . . . . . . . 133 15 August 6, 1878.... .. .. ............... _.. .. .. 89 70 September 9, 1878. . . . . . . . . . . . . . . . . . . . . . . . . . 89 70 October 4, 1878. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 53 November 6, 1878.......................... 47 91

Total. . . . . ............................ Sl, 235 90
Specification 4- In this, to-wit: that at Atlanta, in Fulton county, in said State, on the lOth day of January, 1878, and on divers other days between said dates and the 16th of November, said John vV. Renfroe, Treasurer as aforesaid, did, unlawfully and corruptly receivE> and appropriate to his own use divers large sums of money as interest or r3ward for the use and deposit of portions of the public funds of said State, which had thP-retofore been deposited by said T1easurer with a certian bank in the city of Atlanta, Georgia, named and known as the Georgia Banking and Trust Company, which sum so received by him as aforesaid, were paid and delivered to him by and through one V. R. Tommey, then and there being one of the sureties on the ofli(jial bond of said 'rreasurer and the President of said bank, in the amounts and at the times following, to-wit:

MoNDAY, S~.P rmmER 22, 1879.

1593

January 10, 1878 .......................... $ 250 00 February 1~, 1878 ........................ . 114 40 February 15, 1878 ........................ . 119 58 April 15, 1878 ............................ . 102 33 May 15, 1878 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 04 June 1!5, 1878 ............................ . 76 33 July 3, 1878 .............................. . 250 00 July 15, 1878 ............................. . 45 00 August 16,.1878 .......................... . 13 58 September 7, 1878 ........................ . 8 88 October 17, 1878\ ......................... . 4 81 November 16, 1878 . . . . . . . . . . . . . . . . . . . . . . . . 10 96

Total........ . . . . . ..................... $1,073 91
\Vhereby said John \V. Renfroe, Treasurerasaforesaid, did, then and there, commit, and was, tht>n and there, guilty of a high misdemeanor in office.
ARTICLE III.
That in January, lSif\, John \V. Renfroe was by the General Assembly of this State elected Treasurer of said State in, January, 1877, he was re-Plected Treasurer by the General Assembly for the full term of four years. Among the sureties who signed his official bond as Treasurer in 1876 were Y. R. Tomrney, B. J. wilson, S. B. Hoyt, R. H. Richards and J. \V. Murphy. These same gentlemen, with the exception of S. B. Hoyt and R. H. Richards, again signed the Treasurer's bond after his election in 1877.
Under the terms of the act of 1876, allowing the sureties \)n the Treasurer's bond to limit their liability, Y. R. Tommey bound himself on the bond ot 1876 for thirty thousand dollars, B. J. \Vilson for thirty thousand dollars, S. B. Hoyt for thirty thousand dollars, R. H. Richards for thirty thousand dollars, and J. VV. Murphy for five thousand dollars.
101

1594

JOURNAL OF THE HoUSE.

On the bond of 1877 V. R. Tommey bound himself for sixty thousand dollars, B. J. 'Vilson for ten thousand dollars, and J. W. Murphy for thirty thousand dollars.
At the date of the execution of the bond of 1876, Mr. Tommey was President and B. J. Wilson a Director of the Georgia Banking and Trust Company of Atlanta, Georgia, both also being large stor~kholders therein. S. B. Hoyt was President and R. H. Richards was Cashier of the Atlanta Savings Bank, and together they owned about one-half of the entire capitol stock thereof.
These four sureties signed the hond of 1'376 upon the condition, assented to by the Treasurer. that they, or certain of them, should select particular banks in which the Treasurer should deposit the public money, or at lei:lst a large portion thereof, in pursuance of this agreement. The Georgia Banking and 'rust Company, in which the 'freasurer was already depositing, and the .Atlanta Savings Bank WE're selected by them, and the Treasurer proceeded to deposit therein large amounts of the State funds. For the use of these deposits, the Georgia Banking and 1'rust Company paid on the average monthly balances a commission or interest of 5 per cent. pt>r annum, the payments being made monthly to B. J. Wilson, who paid over to the Treasurer two per centum thereof, and divided the remainder equally between himself and V. R. Tommey. This continued until the early part of 1871, when said Wilson withdrew from the arrangement, after which said bank paid V. R. Tommey for the year 1877, the fixed sum of firteen hundred dollars for the use of the State's deposits, and for the year 1R78 the same percentage thereon as for 1876, these payments being mad~ to V. R. Tommey, who -paid ever to the Treasurer one-third or the entire amount except the the last payment for 1878, of which the Treasurer received no part. For a like use of the

MoNDAY, SEPTE.:UBER 22, 1879.

1595

public funds deposited therein, the. Atlanta Savings Bank, during the year 1876, pR.id to B. T. \Vilson two per centum per annnm on the average monthly balances as commissions or interest thereon, and this entire amount so received by B. J. "-.,.ilson was by him paid over to the Treasurer. This continnec1 nntil the early part of 1877, when said 'Vilson withdrew from the ar. rangement, and a new agreement was 1na<le by the bank with J. W. MUl'phy. As has been stated, said Murphy signed"the Treasurer's bond in 1876, binding himselt for five thousand dollars, and ::~gain in 1877, binding h~rr1self for thirty thousand dollars.
In February, 1876, he was appointed by the Treasurer Clerk in the Treasury, and that po;;ition he has held from that date continuously up to the present time. In the early part of 1877 said MurpLy applied to the Trt>asnrer to be allowed to make with certain banks in Atlanta an arrangement similar to that made by the other suretit>s with the banks already named. 'l'o this the Treasurer assented, and with his permission said Murphy contracted with the l.Jitizens' Bank. The Bank of' the State of Georgia and the Atlanta Savings Bank that they should pay him, Murphy, five per centum ptr annum on the average monthly balance(of the pnblic deposits, said Murphy agreeing on his part that the 'rn,asurer should deposit large sums of the public monPy in said banks. These payments as commission or iuterest for the use of the State funds werd all m~de to said l\furphy, and one half of the entire amount received was by him paid over to the Treasurer. Under the arrangements above detailed the four banks named have paid to the Treasur...r, and three of his sureties the large sum of twenty-two thousand one hundred and ninety-eight dollars and sixty-five cents for the use of the public money deposited with them. Of this amount the Treasurer has received for

1590

JOURNAL OF THE HOUSE.

his share the sum of ten thousand"tbree hundred and fifty-eight dollars and eighty-one cents, the remainder having been received by the three sureties as follows: B. J. "\Vilson receiving six hundred and fifty-one dollars and forty-one cents; Y. R. Tommey receiving four thousand five hundrPd and eighty-two dollars and eleven cents, and J. "\V. Murphy receiving six thousand six hundred an.d seven dollar.:S and thirty-two cents. Of the amount received by the Treasurer five thousand and fifty-eight dollars and nineteen cents was paid to him prior to Decembn the 5th, 1877, and fi\e thousand three hundred dollars and sixty-two cents was paid subsequently to that date. '!'his money was received by the Treasurer for his individual benefit, and convertPd to his own use, with the full knowledge on his part that it was paicl by these banks for the use of the funds of the State deposited with them by him. All of which afore mentioned bargains, combinations ttnd actings on the part of said Treasurer were corrupt, illegal and hazardous to the Treasury of said State.
"\Vherebythe said John "\V. Renfroe, Treasurer aforesaid, did then and there commit, and was then and there guilty of a high misdemeanor in office.

AHTICLE IY.

That the said John \V. Renfroe, Treasurer of said State, unmindful of the duties of his office and his oat~ of office, and in violation of the Constitution and laws of said State, did, at the city of Atlanta, in the county of Fulton, in said State, and on the second day of February, in the year of our Lord, 18i8, under color of his said office, illegally, willfully and corruptly chal'ge, demand and recf>ive from one A. K. Childs, Prt>sident of the Northeastern Railroad Company, and from one R. L. 1\foss, Treasurer of said railroad company, for the performance by him, the said John vV. Renfroe,

MONDAY, SEPTEMBER 22, 1879.

1597

Treasurer, of an official act, incid.ent to his said office, and in~umbent upon him, as Treasurer aforesaid, by the laws of said State, the aggregate sum of two hundred and forty-seven dollars ; that is to say, for affixing his official signature as Treasurer aforesaid to the coupons attached and belonging to five hundred and twenty bonds, issued by the said N ortbeastern Railroad Company, and indorsed by the Governor of said State, said bonds being numbered from one to five bundl-ed and twenty, inclusive, and the principal of said bonds being payable at the agency of said railroad company in the city of New York, on the first day of May, in the year 1896, to each of which bonds were attachedtnirty-seven couvons, to each of which said coupons the said John "\V. Renfroe, Treasurer, had prior to said second day of February, 1878, and between the nineteenth da.y of January and the second day of Febrtiary, in said year, affixed his official signature as Treasurer aforesaid, for which said official act, incumbent upon and required -of him as such Treasurer by
the laws of said State, he, the said John ,V. Renfroe,
Treasurer aforesaid, did, on said second day of February, in the year 1878, in the manner aforesaid, willfully, unlawfully and corruptly charge, demand and receive from the said A. K. Childs, President, and the said R. L. :Moss, Treasurer of said railroad company, said aggregate sum of two hundred and forty seven dollars, which said sum of two hundred and forty-seven dollars so charged, demanded and received from the President and Treasurer of said railroad company, in the manner and on the day aforesaid, be, the said John
vV. Renfroe, Treasurer of said State, did then and there
willfully, unlawfu]]y and corruptly keep, retain and convert to his own use.
Whereby the said John ,V. Renfroe, Treasurer aforesaid, did then and there commit, and was then and there guilty of a high misdemeanor in office.

1598

JOURNAL OF THE HoUSE.

ARTICLEV.

..

That the said J ohil ,V. Renfroe, Treasnrer of the
State of Georgia, on the 15th day of May, 1879, ltnd on divers other days during said year of 1879, in the county of Rbhmond, and State of Georgia, unmindful of the duties of his office, did wrongfully and corruptly propose to E. P. Alexander, President of the Georgia Railroad and Banking Cornpa;ny, to deposit with said RailroaC: and Banking Company of the State's funds, to be taken from the Treasury of the State, large sums of money, varying from $50,000 to $100,000, to rP.main conditionally on deposit with said Railroad and Banking Company, upon the condition and in consideration that the said E. P . .Alt>xander, Prtsident as aforesaid, should appoint to some posi-
tion of employment and profit one r. J. Pritchard,
thereby contriving and attempting to use portions of the public funds in his keeping as said 'freasurer to accomplish his own private pnrposPs and designes.

\Vhereby, the said .fohn \V. Henfroe, 'freasurer as aforesaid, <lid then and there commit, and was guilty of a high misdemeanor in office.

ARTICLF YI.
That the said .Tohn ,V. Renfroe, Treasnrer as afore-
said, by the proceedings and conduct set forth in the furegoing articles and specifications, contrary to the high and important trust confided to him as Treasurer as aforesaid, has for the sake of lucre and gain and his own personal aggrandizement been disgracefully instrumental in establishing a precedent subversive of thP good faith which ought to be found in the actings and doings of all persons to whom the great concerns of this State, and of' the good people the1eof, may he hereafter confided.

'\Vhereby, said John '\V. Renfroe, Treasurer as

:MoNDAY, SEPTE~rBER 22, 1879.

1599

aforesaid, has committed, and is guilty of a high misdemeanor in office.
And the said Honse of Representatives, by'protes tation, reserves the liberty of exhibiting at any time hereafter any other accusation or impeachment of said John W. Renfroe, Treasurer as aforesaid; and also, of replying to any answer that he, said Treasurer, shall make thereto ; _and of offering proof of the premises, and of any other impeachment or accusation that shall be by said House of Representatives exhibited against
said John vV. Renfroe, Treasurer as aforesaid. And
they pray that said John 'V. Renfroe, said Treasurer
of the State of Georgia, may be put to answer all and every of said articles and the specifications thereof, and that such proceedings, trial and judgment may be had as may be agreeable to law and justice.
Read and adopted in House, September 22, 1879. A. 0. BACON,
Speaker House of Representatives. HENRY R. GOETCHIU8,
Clerk House of Representatives.

Mr Turner, of Brooks, offered the following resolution, which was read and agreed to, to-wit:
A resolution-
That the articles of impeachment reported by the Committee on the Judiciary against John W. Renfroe, Treasurer of this State, be adopted, and that the man agers heretofore appointed by the House proceed without delay to exhibit the same at the bar of the Senate, and that the Clerk of the House be instructed to inform the Senate forthwith of this action of the House_
The following bill was taken from the table, to-wit: A bill to repeal sections 1631, 1632 and 1633 of the Code of Georgia.



1600

JouRNAL OJ<' THE HousE.

Mr. Sikes 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 Elder S. H. Duran for this evening for Clevotional services, commencing at 7-;! P. :Jr.
Leave of absence was granted to Messrs. Hammond and Gammage on business.
On motion of Mr. Russell the following bill was taken up and recommitted to the Committee on the Judiciary, to- wit :
A bill to authorize the Clerk of the Superior Court of Chatham county, and of the City Court to require a deposit for costs.
'fhe House then adjourned till 3:30 o' dock P. :JL

3:30 0' CLOCK P. :JI.
The House reassembled, and was called to order by the Speaker.
The following Senate bills were read the second time, to-wit:
A bill to provide for the selection of a Judge to preside in cases where the presiding Judge is disqualified.
Also, 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.
Also, a bill to prescribe the manner of foreclosing certain chattel mortgages, and to confer jurisdiction on .Justices of .the Peace.
Also, a bill to prescribe fees of Solicitors of County Courts where the same are not now provided by law.
Also, a bill to carry into effect article 2, section 5, of the Constitution of this State, and to prohibit the sale

0

MoNDAY, SEPTE~IBER 22, 1879.

Hl01

or distribution of intoxicating liquors on days of election.
Also, a bill to amend an act to require the payment of moneys arising from fines and forfeitures in the county treasury, and to r"egulate the disbursement of the same.
Also, a bill to extend the mode of proving administration and guardianship.
Also, a bill to amend section 2fifl8 of the Code as to the sale of insolvent papers by administrators.
By unanimous consent the following bill was introduced, read the first time, and referred to the Commit tee on the Geological Department, to-wit:
By Mr. AdamsA bill to provide for the completion of the geological, mineralogical and physical survey of the State, and for the transfer of the material property and effects of the Geological Department to the "Gniversity of Georgia.
The Speaker appointed as the committee on the part of the Honse to examine into the state of the business before the General Assembly with a view to final adjournment, Messrs. Toole, Paine, anil. Kimsey.
The following tlenate bills were read the second time, to- wit:
A bill to authorize creditors of persons making a voluntary assignment to compel be assignee to give security to discharge his trust.
Also, a bill to carry into t-ffect paragraph 1, section 17, article 6 of the Constitution, so as to provide for change of venue in all cases either at law or in equity.
Also, a bill to amend section 3962 of the Code. Also, a bill to amend section 3~93 of the Code. Also, a bill to restore in the Code the true name of the writ whereby the judgment of the Supreme Court is remitted to the court below.

1602

JOURNAL OF THE .fiOUSE.

Also, a bill to prescribe the manner of fixing the compensation of jurors in all the counties of this State.
Also, a bill to amend sections 3B89 and 3390 of the CodP, concerning the forms of actions.
Also, a bill to prevent illegal voting in elections in this State, and to prescribe a penalty therefor.
Also, a bill to define the crime of poisoning, and prescribe a penalty for the same.
Also, a bill to provide for the return of special taxes by the collectors of this State.
Also, a bill to restore the offices of Tax-Receiver and Tax-Collector in all counties of this State where the same are held by one person.
Also, a bill to define by re-survey the county lines of this State, where the same are unknown or in dispute.

The following Senate bills were read the first time

and referred to appropriate committees. to-wit:



A bill to define the crime of lobbying, and to fix a penalty for the crime.
Referred to the Committee on the Judiciary.

Also, a bill to amend section 267 of the Codf.> with reference to the duties of Clerks of the Superior Courts.
Referred. to the Committee on the Judiciary.

Also, a bill to prevent the careless use of fire-arms in this State.
Referred to the Committee on the Judiciary.
Also, a bill to prevent the employment of females convicted of misdemeanors at work unsuited to their sex.
Referred to the Committee on the Judiciary.

Also, a bill to amend section 898 of the Code with reference to the redemption of land sold for taxes.
Referred to the Committee on the Judiciary.

Also, a bill to make certain inclosures therein de-

MONDAY, SEPI'El\IBER 22, 1879.

1603

fined, a lawful fence, and to extend to the same existing provisions of law on the subject of lawful fence.
Referred to the Committee on Agriculture. Also, a bill for the prevention of cruelty to animals; to repeal all existing laws on said subject. Referred to the Committee on Agriculture. Also, a bill to provide for recording all deeds and other writings under which title or right to realty is claimed, and prescribe the e:ftect of such record on the running of the statute of limitations in certain cases. RPft>ITed to the Committee on the Judiciary. Also, a bill to require the owners of property, whether real, personal or mixed, to give in and pay taxes upon the same in the county where the property is located. Referred to the Committee on Finance.
Also, a bill to define the mode of fixing the times ot
the nJOnthly sessions of J ustwes of the Peace and NotariPS Public.
Referred to the Committee on the Judiciary. On motion ot l\Ir. Cook, the following bill was recommittPd to the Committee on the J ndiciary, to-wit: A bill to provide for the compensation of jurors for services in Justices' Courts, and for other purposes. The Honse then adjourned till 9 A. M. to-morrow.

1604

JoURNAL OF' THE HousE.

ATLANTA; GEORGIA,

Tuesday, September 23, 1879

The House met pursuant to adjournment, was called to order by the Speaker, aud opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams,

Glover,

Anderson of Morgan, Greene of Baldwin,

Anderson of Newton, Greene of Madison,

Awtry,

Hall,

Barksdale,

Hammond,

Bell,

Hamilton,

Bennett,

Hank~,

Berry,

Harrell,

Bird,

Harris,

Bleckley,

Harrison,

Born,

Henderson,

Branch,

Hill,

Brintle,

Hogan,

Buchan,

Hollis,

Burch of Laurens,

Howell of Lowndes,

Burch of Towns,

Hudson,

Butler,

Hulsey,

Butt,

Humber,

Cannon,

Hutchins,

Carr,

Irvine,

Chambers,

Ivey,

Chapman,

Janes,

Clegg,

Jordan of Crawford,

Colley,

Kendrick.

Collins,

Kimsey, '

Cook,

King,

Cox of Harris

Kirby,

Cox of Troup,

Lamb,

Crawford,

Lan~,

Cunningham,

Livingston,

Daniel,

Luffman,

Davis of Baker,

Mathews,

Davis of Houston, Maund,

Davison,

McAfee.

DeLoach,

l\IcCon nell,

.Dickin,

McDonald,

Dozier,

McGouirck,

DuBooe,

McLucas,

Perkins, Phillips of Cobb, Phillips of Cotlee, Phinizy, Pike, Polhill, Pope, Poppell, Prescott, Rankin, Redwine, Reese, Riden, Roach, Roberts. Rogers, Roney, Russell, Scruggs, Shannon, Rharman, Sheffield of Early,
Sike~,
Simms, Smith of Butt~, Smith of Walton, Strickland of Bryan, Strickland of Clinch, Strother, Taliafbro, Tarver, rratum,
Thomas, Toole, Turner of Brook~, Turner of Coweta Vick
Walters,

TUESDAY, SEPTEl\IBER 23, 1879.

1605

Duggar,
Dupree, Duvall, Elder, Farnell,
Fitzgerald, Fletcher,
Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray,

:McWhorter
Miller of Houston, Miller of Liberty,
Milner, Mynatt, Nisbet,
Northern, Oliver,
Paine, Park, Patterson, Paull,
Peacock,

\Veehunt,
Welch,
Westbrook, Wheeler, wilcox, Williams, C., W. Williams, F. J. Willingham, \Vii mot, Wilson, Wright,
Yancey, Zellner.

Those absent were Messrs.-

Anderson of Pulaski, Barron, Brantley, Harp, Howell of Pickens, Johnson of Clay,
Johnson of Johnson,

Jordan of Wilkes, McCurry l\lcRae,
Mitchell, Phillips of Carroll, Puckett,
Sheffield of Miller,

Sibley,
Smith of Oglethorpe, Tate, Wall, Walton, Williams of Columbta,

Present 154.

Absent20.

Mr. Harrell, from the Committee on Journals, re-

ported the Journal of yesterday examined and ap-

proved.

The Journal was then read and confirmed.

Mr. Mathews moved to reconsider so much of the

Journal as relatp,s to the action of the House upon a

resolution instructing the Comptroller-General to issue

instructions to Ordinaries and Tax-Collectors in regard

t.l the special tax on liqnors.

The motion to reconsider prevailed.

Mr. Hall moved to n~consider so mnch of the Jour-

nal as relates to the action of the House upon a bill to

amend section 1416 of the Code.

The motion prevailed.

Mr. }fc,Vhorter moved to reconsider so much of the

Journal as relates to the action of the House upon a

resolution to appoint a joint committee to investigate

thP- state of the busin.,.ss of the General Assembly.

The motion prevailed.

1606

JouRNAL OF THE HousE.

On motion of Mr. McWhorter the resolution was then laid on the table.
Leave of absence was granted to Mr. Smith, of vValton, and Mr. Lamb, on account of sickness.
On motion of Mr. Mathews, t.he rules were suspended and the fellowing resolution taken up, amended, and agreed to, as amended, to-wit:
A resolution-
To instruct the Com ptrolle1:- General to issue circulars to the Ordinaries and Tax-Collectors in regard to the special tax on liquors.
The followinp; bill was laid on the tablP, to-wit : A bill to repeal section8 1631, 1632 and 1633 of the Code.

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 Senate bills, which they recommend do pass, to-wit:
A bill to be entitled an act to repeal section 3095 of the Code of Georgia, and substitute another in lieu thereof.
Also, a bill to be entitled an act to amend section 4161 of the Revised Code of Georgia of 1873, in relation to the practice in cases of garnishment in Justices' Courts, and for other purposes.
Also, a bill to be entitled an act to amend section 4159 of the Cude of 1873, in relathm to the trial of claim cases in Justices' Courts.
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 provide for allowing

TUESDAY, ~EPTEMBER 23, 1879.

1607

defendant's in cases of the levy ot Distress Warrants to replevy property distrained in forma pauperis.
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 amend section 31594 of the Code of 1873.
Also, a bill to be entitled an act to fix the fePs to be paid to Ordinaries and Surveyors by applicants for the homestead and exemption under the provisions of the Constitution of 1877.
Also, a bill to be entitled an act to provide for the cancellation of the record of deeds made to secure debts, mortgages, and other liens required by law to be recorded in the office of the Supel'ior Courts of this State. and for other purposes.
.Also, a bill to be entitled an act to repeal section 4528 of the Code of 1873, and to substitute another sec. tion.therefor.
Also, a bill to be entitled an act to make it a penal off'"!nse to poison any domestic animal, or to expose any poisonous snhstance with the intent that the life of any animal shall be destroyed thereby, or to procure, counsel, or command another to commit said crime.
The committee have also had under consideration the following resolution, which thE:'y report back with the recommendation that the introducer be allowed to withdraw it, to-wit:

A. resolution-

Requesting the Judiciary Committee to inquire into the sale of lottery tickets in this State.
The committee have also had under consideration the following resolutions, which they recommend do not pass, to-wit:

1608

JouRNAL OJ! THE HousE.

A resolution-
To authorize the Governor to subscribe for 350 copies of the Analytical Index of Georgia Supreme Court Re-
ports from volume 1 to 58, inclusive, prepared by vV.
D. Elam, Esq. Also, a resolution in relation to equalizing the labors
of the Judges of the Superior Courts of this State. Also, a resolution in reference to equalizing the la-
bors of the Judges of the Superior Courts of this State. Also, a resolution in relation to adding amendments
to the Constitution of 1877, so as to make legislation more easy.
Also, a resolution instructing the Committee on the Judiciary to report a general bill for the protection of game in this State. Respectfully submitted.
H. G. Tt:HXER, Chairman.
The following message 1vas received from the SenatP, through Mr. Harris, Secretary thereof :
Mr. Speaker: .
I am directed by the Senate to inform the House of Representatives that the Senate is now ready to receive the House of Representatives, or its Managers, for the purpose of exhibiting articles of impeachment against
John vV. Renfroe, Treasurer of the State of Georgia.
The following bill was read the third time, and passed by the requisite constitutional majority; yeas 91, nays none, to-wit:
A bill to amend section 1832 of the Code. On motion of Mr. Born, the following bill was taken from the table and recommitted to the Committee on the Judiciary, to-wit: A bill to require all land owners to have their lands surveyed every ten years, etc. The following bill was read the third time; there-

TuESDAY, 8EPTEMBER 23, 1879.

1609

port of the committee was a mended and agreed to, and the bill passt>d, as amended, by the requisite constitutional majority; yeas 94, nays non~, to-wit:. .
A bill to repeal an act requiring judgment creditors, in certain casl'ls, to have their judgments recorded in the county of defendant's residence, and in lieu thereof to require a proper docketing of the fl.fas. in such cases.

On motion of Mr. Turner, of Brooks, the Honse resolved itself into the Committee of the Whole for the purpose of proceeding to the bar of the Senate to present thA articles of impeachment against John W. Renfroe, Treasurer of the State.

Mr. 'rurner, of Brooks, chairman of the Committee of the Whole House, submitted the following report :
Mr. Speaker:
The House having resolved itself into the Committee of the \Vhole House for the purpose of presenting articles of impeachment against John \V. Renfroe, Treasurer, have instructed me to report to the House that that duty has been duly -performed.
The following bill 1vas read the third time, the evidence of. the publication of the notice required by law, was exhibited, and the bill passed by the requisite constitutional majority ; yeas 90, nays none, towit: A bill to amend an act to p1ohibit the killing of deer, wild turkeys and partridges at certain seasons in the counties of Lowndes, Thomas and Putnam in this State, approved February 28, 1876, so far as the same relates to the county of Thomas, so as to prevent the destruction of the nests of wild turkeys and partridges, and to fix the rules of evidence in cases of violation of this act.
102

1610

JoURNAL O.F THE HOUSE.

The following bill w:as, on motion, laid on the table, to-wit:
A bill to amend the act incorporating the town of Thomasvill'e, and to grant certain privileges.
The following message was received from the Senate through Mr. Harris, the Secretary thereof:

Mr. Speaker:

The Senate has iJassed the following House bills, to-

wit:

A bill to repeal an act to regulate the compensation

of Tax-Collector and Receiver of Calhoun county.

Also, a bill to repeal an act creating a Board of

Roads and Revenue for the county of Paulding.

Also, a bill to be entitled an act to establish rates of

toll for crossing the bridge across the Chattahoochee

River at Fort Gaines.

Also, a bill to be entitled an act to repeal section 1

of an act to amend the charter of the city of Milledge-

ville, approved February 15, 1876, to confer additional

powers, etc.

Also, a bill tp incorporate into the corporate lill)its

of Albany, Georgia, the grounds of the West Georgia

Industrial Association.

Also, a bill to be entitled an act to incorporate the

town of Social Circle in the county of \Valton, and to

a'{>point Commissioners for the same, and the mode of

electing Commissioners, etc.

Also, a bill to be entitled an act to entirely prohibit

the sale of spirituous or intuxicating liquors within

the limits of Irwin county.

The Senate has also passed the following House bills,

with amendments, in which they ask the concurrence

of the House.



A bill to change the time of holdjng the Superior

Court of Fayette county.

Also, a bill to empower the Commissioners of Coweta

TUESDAY, SEPTEMBER 23, 1879.

1611

county to purchase the bridge at Moore~s Ferry, on the ChattahoocheE~ River.
The Senate has also pas!"e1. the following St>nate bills, in which they ask the concurrence o1' the House.
A bill to prevent cruelty to children. Also, a bill to regulate the fees of Ordinarys Sheriffs and Clerks of the Superior Court for services rendered where there are no fees prescribed by law. The following message was received from his Excellency the Governor, throug;h Mr. Avery, his Secretary, to-wit: ]}Ir. Speaker:
His Excellency, the Governor, has approved and signed the following; acts, to-wit:
An act for the relief of the Macon and Augusta Railrl)ad Company from an over assessment of taxes for the years 1874, 1875, 1876 and 1877, and for other purposes.
Also, an act to carry into effect paragraph 1, section 1, article 7 of the Constitution of 18i7.
The committee of conference on the .disagreem~>nt of the two Houses on the bill of the Honse to be entitled an act appropriating money to pay the expensts of the Special Joint \Vild Land Committee, appointed at the present session, submitted the following; report:
Mr. Speaker:
The committee of conference to whom was referred a bill appropriating money to pay the expenses of' the Special Joint \Vild Land Committee, appointed by the present session, have had the same under consideration, and have agreed upon the following report:
1. Strike out "fifty cents per day" for Peter McMichael, porter, and insert 'one dollar per day" in lieu thereof.
2. Strike out "fifteen dollars" in same item, and insert "thirty-one dollars."

1612

JoURNAL OF THE HOUSE.

3. Amend section 2, line 18, by striking out "two dollars per day-sixty-four dollars," and inserting "three dollals per day-ninPty-six dollars,'' so that the line shall read : ''E. B. Thomas, Sergeant-atArms, three dollars per day, 32 days, ninety-six dollars.
4. Amend section 1 by striking out "$1,296.30" and inserting "$1,343.80" in lieu thereof.
R. L. McWHoRTEH, Chairman Rouse Committee.
GEORGE ROBERTS,
J. B. PRESCOT'r.
WM. HARRISON,
Chairman Senate Committee. I!'. M. DUNCAN, J. N. HUDSON.
On motion of Mr. MeWhorter, the report of the conference committee was adopted, and the House receded from its disagreement.
On motion of Mr. McvVhorter the action of the House was at once transmitted to the Senate.
The following bill was read the third time ; the report of the committee 'Yas agreed to, and the bill passed, by substitute, by the requisite constitutional majority; yeas 95, nays none, to-wit:
A bill to alter and amend section 1730 of the Revised Code, by striking out the words " a special jury se-
lected from the Grand Jury," and inserting in lieu
thereof the words, "a jury as in other common law cases."
The following bill was lost, the necessary constitutional majority not having voted in the affirmativeyeas 66, nays 28, to-wit:
A bill to amend section 4540 of the Codt-, in refer ence to gaming houses and tables.
The following bill was read the third time ; the re-

TuESDAY, SEPTEMBER 23, 1879

161S

port of the committee agreed to, and the bill passed,

by substitute, by the requisite constitutional majority;

yeas 100, nays none. to-wit:

:-

A bill to declare it illegal for the J11dge of any City

Court in this State to hold the. office of corporation

counsel or any other municipal office or appointment

in the city in whieh their said court is held.

The folio ning bill was, on motion, laid on the table; to-wit:
A bill to extend the provisions of an act to relieve .T. W. Grubbs, A. G. Inman, S. J. Bell and L. D. Matthews, securities on the bond of R. Columbus Wimberly, Tax-Collector of Burke county, so as to allow additional credits.

The following bill was read the third time; the evi~ dence of the publication of the notice required by law was exhibited, and the bill passed by the requisite con~ stitutional majority; yeas 107, nays none, to-wit:
A bill to amend an act to provide for the payment of the fees of the Solicitor-General of the Southern Judi~ cial Circuit of this State in cases of misdemeanor transferred to the County Courts in said circuit, and for other purposes: so as to provide also for the fees of the Clerk of the Superior Court and Sheriff of the county of Brooks in said cases.
The following bill was read the third time ; the re~ port of the committee agreed to, and the bill passed, as amended, by the requisite constitutional majority; yeas 101, nays none, to-wit:

A bill to amend the 837th section of the Code of Georgia.
The following bill was read the third time, and the report of the commit.tee was agreed to, to-wit: '
A bill to provide for the payment of certain insolvent costs in felony cases.

1614

JouRNAL oF THE HousE.

On the question of the passage of the bill, Mr. Harris called for the yeas and nays.
The call was sustained, and on calling the roll the vote was as follows :

Those voting in t5e affirmative are Messrs.-

Adams, Anderson of Morgan, Awtry, Berry, Branch, Burch of Laurens, Chambers, Chapman, Collins, Daniel, Dozier, DuBose, Duvall, Farnell, Fitzgerald. Fuller, Gammage,

Gray, Hall, Hanks, Harrell, Harrts
Harrison, Henderson,
Hogan, Hulsey, Janes. Living;;ton, l\Iathews, Miller of Liberty, Milner, Paine, Paull, Phillips of Coffee,

Pope, Reese,
Riden, RoneY. Russell, Sharman
Sikes,
Simms, Smith of Walton,
Strother,
Tarver, Tatum, Turner of Coweta, Williams, C. W. "Williams, F. J wilmot,
Zellner.

Those voting in the negative are Messrs.-

Bell, Bennett,
Bird, Bleckley, Born, Brintle,
Butler, Burch of Towns, Butt,
Cannon, Carr, Cook, Cox of Harris, Crawford, Davis of Houston,
Davison, Duggar, Dnpree, Elder,
Fletcher,
Ford, Garrard, Greene of Baldwin, Greene of Madison, Hill,

Hollis, Howell of Lowndes, Hudson. Humber, Hutchins, Irvine, Ivey, Jordan of Crawford, Kerdrick,
Kimsey, King, Kirby,
Lang,
Luffman, l\Ic.-\fee, McConnell, l\1c Donald, )IcGouirck,
1\IcLncas, Me Whorter, Miller of Houston, Nisbet, Northern, Oliver, Park,

Patterson, Perkins, Phillips of Cobb, Phinizv Pre,cott, Rankin, Redwine Roach, Roherts, RogerR,
Scruggs, Shannon Sheffield of Early, Smith of Butts, Strickland of Clinch, Taliaferro, Thomas, Vick, \Vall, IV alters, \Veehunt, Welch, \Vest brook, Wheeler, Willingham,

TUESDAY, SEPTEMBER 23, 1879.

1615

Those not voting are Messrs.-

Anderson of Newton, Anderson of Pulaski, Barksdale, Barron, Brantley, Bnchan, Clegg,
Colley, Cox of Troup, Cunningham, Davis of Baker, DeLoach Dickin, Fort, Grant, Glover,

Hammond, Hamilton. Harp,
Howell of Pickens, Johnson of Clay, Johnson of Johnson, Jordan of Wilkes, Lamb, Maund, McCurry, McRae, Mitchell, Mynatt, Peacock, Phillips of Carroll, Pike.

Poppell, Polhill, Puckett, Sheffield of Miller, Sibley, Smith of Oglethorpe, Strickland of Bryan, Tate, Toole, Turner of Brooks. Walton, Wilcox, Williams of Columbia, Wilson, Wright, Yancey.

Yeas, 51. Nays, 74. Not voting 49.

So the necessary constituiional majority not having voted in the affirmative, the bill was lost.
The following bill was read the third time, and passed by the requisite constitutional majority; yeas 93, nays nont~, to-wit:
A bill to prevent the maintaining or carrying on of any lottery, or agency of any lottery, in this State, and for other purposes.
The following bill was read the third time ; the evidence of the publication of the notice required by law was exhibited, and the bill passPd, by the requisite constitutional majority; yeas 93, nays none, to-wit:
A bill for the relief of James L. Fleming, to-wit, the withdrawal of his residence and lands from within the corporate limits of the village of Summerville, in Richmonl county.

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

Mr. Speaker:

The Senate has taken order fixing the hour of 10

1616

JouRNAL OF THE HousE.

o'clock Thursday next, the 25th instant, as the time for organizing itself into a Court of Impeachment to try the articles preferred by the Honse of Representatives against John W. Renfroe, Treasurer of the State of Georgia, and I am instructed so to inform the House of Representatives.

The following; bill was read the third time, and the report of the committee was agreed to, to-wit:
A bill to provide for the survival to and against the legal representatives of deceased persons of causes of actions, and actions for torts.

Mr. Harrison called for the yeas and nays on the passage of the bill.
The call was sustained, and the main question or dered.

Those voting in the affirmative are Messrs.-

Adams, Anderson of Morgan, Awtry, Bell, Berry, Bird, Born, Branch, Burch of Laurens, Butler, Chambers, Chapman, Cook, Crawford, Daniel, Davis of Houston, Dickin, Dozier, DuBose, Dugg2r, Duvall, Fitzgerald, Fletcher, Fuller, Garrard, Gray,

Hanks, Harrell, Harris, Harrison, Henderson, Hill, Hollis, Howell of Lowndes,
Hulsey, Irvine, lvey, Janes, Jordan of Crawford, Kendrick, Kirby, Lang, Livingston, Mathews, l\laund, McDonald, McLucas, Miller of Houston, Miller of Liberty, Milner, Mynatt, Nisbet,

Paull, Peck ins, Phillips of Coffee, Pope, Prescott, Rankin, Reese, Riden, Roach, Rogers, Roney, Russell, Shannon, Sharman, Sheffield of Early, Sikes, Simms, Strother, Tarver, Tatum, Thomas, Turner of Coweta, Williams, C. W. Williams, F. J. Wilma:.

TUESDAY, SEPTEMBER 23, 1879.

1617

Those voting in the negative are Messrs.-

Barksdal~, Bennett, Blcckley, Brintle, Burch of Towns, Butt, Cannon, Carr, Cox of Harris, Davison, Elder, Fort, Green of Baldwm, Greene of Madison, Hall,

Hogan, Hu'lson, Hutchins, Kimsey, Luffman, McAfee, McConnell, cGourick, Mc\Vhorter, Northern, Oliver, Park, Patterson, Phillips of Cobb,

Phinizy, Redwine, Roberts, Smith of Butts, Taliaferro, Turner of Brooks, Vick, Walters, Weehunt, Welch, Westbrook, Wheeler, Willingham, Zellner.

Th0se not voting are Messrs.-

Anderson of Newton, Anderson of Pulaski, Barron, Brantley, Buchan, Clegg, Colley, Collins, Cox of Troup, Cunningham, Davis of Baker, DeLoach, Dupree, Farnell, Ford, Gammage, Grant, Glover,

Hammond, Hamilton, Harp, Howell of Pickens, Humber, Johnson of Clay, Johnson of Johnson, Jordan of Wilkes, King, Lamb, McCurry, McRae, Mitchell, Paine, Peacock, Phillips of Carroll, Pike, Polhill,

Poppell, Puckett, Scruggs, Sheffield of Miller, Sibley, Smith of Oglethorpe, Smith of Walton, Strickland of Bryan, Strickland of Clinch, Tate, Toole, Wall, \Valton, wilcox,
\Villiams of Columb'a, Wilson, Wright, Yancey.

Yeas 77. Nays 43. Not voting 54.

So the necessary constitutional. majority not having voted in the affirmative, the bill was lost.
On motion of Mr. Duvall, the following bill was taken from the table, read the tird time, the report of the committee was amended and agreed to, to-wit:
A bill to incorporate the Augusta Sa.vings Bank. Mr. Duva.ll called for the yeas and nays.

1618

JouRNAL oF THE HousE.

The call was sustained, and on calling the roll the tTOte was as follows :

Those vot.i.ag in the affirmative are Messrs.--

Adams, Anderson of Morgan, Awtry, Barksdale,
Bell, .Berry, Bird, Bleckley, Branch, Brintle, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Carr, Chambers, Chapman, Cook, Cox of Harris, Dan it!, Davis of Houston, Dickin, Dozier, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fuller, Garrard, Gray, Greene of Ba,dwin, Greene of Madison, Hanks, Harrell, Harris,

Harrison, Henderson, Hill, Hogan, Hollis, flowell of Lowndes, Hudson, Hulsey, Humber, Irvine, lvey, Janes, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lang, Livingston, Luffman, Mathews. Maund, McAfee, McConnell, McDonald, McGouirck, McLucas, McWhorter, Miller of Houston, Miller of Liberty, Milner, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Perkins, Phillips of Cobb,

Phillips of Coffee, Phinizy, Pope, Prescott, Rankin, Redwine,
Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Shannon, Sharman, Sheffield of Early, Sikes, Simms, Smith of Butts, Smith of Walton, Strickland of Clinch, Strother, Taliaferro, Tarver, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta, Vic I<, Walters, Weehunt, Welch, Westbrook, Williams, C. W. Williams F. J. "Willingham,
Wilmot, Zellner.

Those voting in the negative are Messrs.-

Bennett,

Davison,

Wheeler,

Tho~~ not voti.ng are Me.3srs.-

Anderson of Newton, GloYer,

Anderson of Pulaski, Hall,

Barron,

Hammond,

Pike, Polhill, Poppell,

TUESDAY, SEPTEMBER 23, 1879.

1619

Born, Brantley, Buchan, Clegg, Colley, Collins, Cox of Troup, Crawford, Cunningham, Davis of Baker, DeLoach, DuBose, Fort, Gammage, Grant,

Hamilton, Harp, Howell of Pickens, Hutchins, Johnson of Clay, Johnson of Johnson, Jordan of Wilkes, Lamb, McCurry, McRae, 1\'IitcheJJ,
Myna~~.
Peacock, Phillips of Canol!,

Yeas 119. Nays3. Not voting 52.

Puckett, Scruggs, Sheffield of Miller, Sibley, Smith of Oglethorpe,
Strickland of Bryan.. Tate, Wall, Walton, Vlilcox, Williams of Columbia, Wilson, Wright. Yancey.

So the bill was passed by the requisite constitutional majority.
On motion of Mr. Paine, the rules were suspended and the following resolution, to-wit:

A resolution-

To authorize Peterson Thweatt to sue the State, was

taken up.

,

Mr, Paine offered an amendment, which was read

and adopted.

Mr. Me Whorter offered an additional amendment,

which was not adopted.

Mr. Me\Vhorter moved to indefinitely postpone the

resolution, and on this motion called for the yeas and

nays.

The call was sustained, and on calling the roll the

vote was as follow.:> :

Those voting in the affirmative are Messrs.-

Awtry,
Bell, Bennett, Brintle, Burch of Laurens,
Burch of Towns,

Kendrick, Kimsey, King, Kirby,
Mathews, McAiee,

Redwine, Riden, Roberts, Sikes,
Simms,
Smith of Walton,

1620

JouRNAL o.F THE HousE.

Butt, Da.vis of Hon~tJm, Dav:son, Dnggar, Elder, Fletcher, Ford, Greene of Madison, Hogan, Hutchins,

McConnell, McGouirck.
McWhortei; Miller of Houston, :Mynatt,
~isbet,
Patterson, Perkins,
Phillips of Coffee Rankin,

Taliaferro, Turner of Brook~,
Vick, walters,
"\Veelmnt.
Welch, Westbl'ook, wheeler,
Willingham,

Those voting in the negative are Messrs.-

Adam:;, Barksdale, Berry, Bird, Born, Branch, Butler,
Ca=on, Can, Chambers, Chapman, Collins,
Cook, Cox of Harris. Daniel, Dickin, Dozier, DuBose, Dupree, Duvall Farnell, Fitzge1-ald. Ful1er, Garrard,
Gray, Greene of Baldwin,

Hall,
Hanks, Harrell,
Harris, Harrison,
Henderson,
Hill, Hollis,
Howell of Lowndes, Hudson, Hulsey, Humber,
Irvine, lvey,
Janes, , Jordan of Crawford, Lang,
Livingston,
~laund,
:McDonald, l\icLucas, 1\liller of Liberty,
. Northern, Oliver,
Paine,

Prull,
Peacock, Philips of Cobb, Phinizy,
Pope, Prescott, Reese, Roach, Rogers. Roney,
Russell, Shannon, Sharman,
Sheffied of Early, Smith of Kutt~,
Strickla.11d of Clinch, Strother, Tarver,
Tatum, Thomas
Toole,
Turner of Coweta, Williams, F. J. Wilmot, Zellner.

Those not voting are Messrs.-

Anderson ef :Morga!!, Clover,

Anders<>r: of Ne,vton, Hall'moi!d,

AI!:l.erso.a of Pulaski, Hamilton,

Barron,

Harp,

Bleckley,

Howell of Pickens,

Bra11tley,

Johnso:1 of Clay,

Buchan,

Johnson of Johnson,

Clegg,

Jordan of Wilkes,

Colley,

Lamb,

Cox of Troup,

Luffman,

Crawford,

McCurry,

Cunningham,

McRae,

Davis of Baker,

Milner,

Polhill, Poppell, Pucke.t,
Scruggs, Sheffied of Miller, Sibley, Smith of Oglethorpe
Stric 1land of Bryan, Tate, Wall, walton,
Wilcox,
Williams of Columbia,

TuESDAY, SEPTEl\IBER 23, 1879.

1G21

DeLoach, Fort, Gammage, Grant,

Mitchell, Park, Phillips of Carroll, Pike,

Yeas 47. Nays76. Not voting, 51.

Williams, C. W. Wilson, '"right, Yancey.

So the motion to indefinitely postpone the resolution did not prevail.
The further consideration of this matter was post poned and made the special order for this afternoon at 3:30 o'clock.
Leaves of absence were granted to Messrs. Cunningham, Scruggs and Shannon.
The House then adjourned till 3:30 o'clock P.l\1.

3:30 O'CLOCK P. 1\1.
The House reassembled, and was called to order by the Speaker.
The special order, the resolution to allow Peterson Thweatt to sue the Statt>, was the business in order.
Mr. Paine moved to postpone the further consiil.eration of this question till to-morrow morning at 10 o'clock.
The motion prevailed. The following SenatE\ bills were read the first ti!ne and referred to the Committee on the Judiciary, to wit: A bill to amend section 2638 of the Code with reference to contracts for future delivery of goods. Also, a bill to alter and amend section 4370 of the Code of Georgia with reference to the offense of shooting at another. Also, a bill to provide that motions for new trials in the Superior Courts of this State shall not be entered

1622

JouRNAL Ol!' THE HousE.

upon the minutes except by order of the presiding
Judge. Also, a bill to provide for the choice of arbitrators in

cases of disagreement upon retul'ns of corporations,

companies, persons or institutions required by law to

make returns for taxation to the Comptroller-General

and of assessments by the Comptroller General.

.Also, a bill for the prevention of cruelty to children.

Also, a bill to amend section 1458 of the Code in re-

lation to the penalty for setting fire to woods without

notice. Also, a bill to amend chapter 3, title 16, paragraph

1 of the Code, embracing sections 1394 to 1409, inclusive.

.Also, a bill to alter and amend section 4'373 of the

Code in reference to the abandonment of his child or

children by a father, and to provide for the trial and

punishment of such father.

Also, a bill to define the crime of being a tramp, and

to provide for the trial and punishment of the same.

Also. a bill to declare the effect upon third partie::; of

the record of mortgages in certain cases.

The following bill was read the first time, and-re-

ferred to the Committee on Pinance, to-wit:

A bill to regulate and fix the fe~>s of Ordinaries,

Sheriffs and Clerks of the Superior Courts for services

to he rendered where no feE's are now prescribed by

law ; to provide who shall pay said fees, and to amend

section 3696 of the Code of Georgia.

t

The following bill was read tile first. time, and re-

ferred to the Committee on Military Affairs, to-wit :

A bill to provide for the better organization, govern-

mf'nt. and discipline of the volunteer troops of this

State, and to repeal all that part of the Code of Geor-

gia, consisting of articles 2 and 3, of chapter 2, title 12,

part 1, and comprising all those sections numbered

from 1075 to 1103, both included, relating to the volun-

teer corps of the State, and for other purposes.

WEDNESDAY, 8EPrEll:lBER 24, 1879. 1623
Leave of absence was granted to Mr. Walters, of Dougherty, after Fl'iday next.
The House then adjourned till 9 A. 111. to-morrow.

ATLANTA, GEORGIA,

VVednesday, September 24, 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 the following members answered to their names:

Those present were Messrs.-

Adams, Anderson of Morgan, Awtry, Barksdale, Ilell, Ben,nett, Berry,! Bird Bleckley, Born, Branch, Brintle, Buchan, Burch of Laurens, Burch of Towns, Butler, Butt., Cannon, Carr, Chambers Chapman, Clegg, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, l.Janiel,
Davis of Baker,

Glover Greene of Baldwin, Greene of Madison, Hall, Hammond Hamilton, Hanks, Harrell, Harris, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey, JaneR, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lang, Livingston,

Patterson, Paull, Peacock, Perkins, Phillips of Cobb, Phillips of Coftee, Phinizy, Pope, Prescott, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers,
Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sikes, Simms,o
Smith of Butts, Smith of Oglethorpe, Smith of Walton Strickland of Clinch, Strother, Taliaferro;

1624

JOURNAL OF THE H.oUSE.

Davis of Houston, navison, Dickin,
Dozier,
DuBose, Duggar, Dupree,.
Duvall, Elder, Farnell, Fitzge1 ald,
Fletcher, Ford, Fort,
Fuller, Gammage, Garrard,
Grant, Gray,

Luffman,
Mathews, Maund,
McAfee, McConnell, McDonald,
McGourick, McLu.:as,
Mc\Vhorter, liiller of Houston,
Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern
Oliver, Paine,
Park,

Tarver, Tatum,
Thomas, Toole,
Turner of Brooks,
Turner of Coweta, Vick, \Valters,
Weehunt, Welch,
Westbrook, Wheeler.
Williams, C. W., Williams, F. J. Willingham,
Wilmot, Wilson Wright,
Zellner.

'fhose absent were Messrs.-

Anderson of Newton, Anderson of Pulaski, Barron, Brantley, Colley, DeLoach, Harp, Johnson.of Clay, Johnson of Johnson,
Present, 147.
Absent, 27.

,Jordan of WilkeR, Lamb,
McCurry, McRae, Phillip~ of Carroll, Pike, Polhill, Poppell,
Puckett,

Sheffield of Miller, Sibley,
Strickland of Bryan, Tate,
Wall, Walton,
'Vilcox, Williams of Columbia, Yancey.

Mr. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and ap proved.
The Journal was then read and confirmed. On motion of Mr. Kendrick, the use of the Hall of the House of Representatives was tendered to D. B. Clayton for religious services at 7-! o'clock P.M.
Mr. Gray, cllairman of the Committee on the Geo-
logical Bureau, submitted the following report :
Mr. Speaker:

The Committee on the Geological Bureau have bad under consideration the following bill, which they recommend do pass, to- wit :

WEDNESDAY, 8Jl'l'EMBER 24, 1879. 1625

A bill-to be entitled an act to provide for the completion of the gt-ological, mineralogical and physical survey of the State, and for the transfer of the material, property and effects of the Geological Depart ment to the University of Georgia, and for other purposes.
Respectfully submitted. A. H. GRAY, Chairman.

Mr. Wilson, chairman of the Committee on the Pen itentiary, submitted the following report:

Mr. Speaker:

The Committee on the Penitentiary have had under consideration the following resolution, which they direct me to report back with the recommendation that it do pass, to-wit:

A resolution-

Relative to furnishing comicts to the :Marietta and

North Georgia Railroad Company.

On motion of Mr. Hulsey House bill No. :35 wa.s

taken from the table and placed in its order on the

calendar.

On motion of Mr, Miller of Houston, the report of

the Committee on the Penitentiary and the accompany-

ing resolution were referred to the Committee on the

Judiciary.

The followiug bill was taken up, to-wit:

A bi}l to establish the Middle Georgia Military and

Agricultural Col1ege.

Mr. Hulsey proposed to amend the substitute by

striking out sections 3 and 6.

'fhe amendment was adopted.

ThA report of the committee was agreed to, and the

bill read the third time.

Mr. Duggar called for the previous q nestion.

103

.

1626

JouRNAL OF THE HousE.

The call was eustained, and the main question ordered.
On motion of Mr. Miller of Houston, the yeas and nays were ordered on the passage of the bill, and on calling the roll the vote was as foll<?ws :

'hose voting in the affirmative are Messrs.-

Anderson of Morgan,
Awtry, Barksdale,
Bell, Berry, Bird,
Bleckley, Branch, Burch of Laurens,
Burch of Towns, Butler, Butt,
Cannon, Chambers, Chapman,
Collins, Cook, Cox of Troup, Crawford, Daniel,
Davis of Houston, Davison,
Dozier,
Duggar, Dupree, Duvall, Elder,
Farnell,
Fitzgerald,
Fletcher, Ford,
Fort, Fuller,

Gammage, Grant, Greene of Baldwin,
Hall, Hamilton,
Hank~,
Harrell,
Harris, Harrison, Henderson,
Hill, Hogan,
Hudson, Hulsey,
Humber,
Ivey; Janes,
Kendrick, Kimsey, King,
Livingston,
Maund, McAfee.
McDonald, McLucas,
)!cWhorter
Mijler of Liberty,
Mitchell,
Mynatt, Nisbet,
Northern, Paine, Park,

Patterson,

Paull,

Perkins,

Phillips of Coftee,

Phinizy,

Pope,

Prescott,

Redwine,

Reese,

Riden,

Roach,

Rogers,

Roney,

Russell,

Shannon,

Sharman,

Simms,

Smith of ButlP,

Strother,

Tarver,

Tatum,

Thomas,

Turner of Brook~,

Turner of Coweta,

Vick,

\:Valters,

\Veehunt,

Welch,

Williams, Wilmot,

(;1

W_

Wilson,

Zellner.

Those voting in the negative are Messrs.-

Bennett, Brintle,
Cox of Harris Gray,
Hollis,
Howell of Lowndes, Hutchins, Irvine,
Jordan of Crawford,

Kirby, Lang,
Luffman, McConnell, 1\IcGouirck, Mtller of Houston, Rankin, Roberts,

Sheffield of Early,i
Sikes, Strickland of Clinch, Taliaferro, Toole,
Wheeler, Williams, F. J_
Willingham.

WEDNESDAY, SEPTEMBER 24, 1879. 162?'

'fhose not voting are Messrs.-

Adams, Anderson of Newton,
Anderson of Pulaski,
Barron, Born, Brantley,
Buchan, Carr,
Clegg, Colley, Cunningham,
Davis of Baker,
DeLoach, Dickin,
DuBose, Garrard,
Glover,

Greene of Madison,
Hammond, Harp, Howell of Pickens, Johnson of Clay)
JohllliOn of .Johnson, Jordan of Wilkes, Lamb,
Mathews,
McCurry McRae, Milner,
Oliver,
Peacock, Phillips of Carroll,
Phillips of Cobb; Pike,

Polhill, Poppell, Puckett, Scruggs, Sheffield of Miller, Sibley, Smith oi Oglethorpe, Smith of Walton, Strickland of Bryan,
Tate, Wall,
wWaelsttobnro, ok,
wilcox,
Williams of Columb1a, Wright, Yancey.

Yeas 98. Nays 25. Not voting 51.

So the necessary constitutional majority having voted in the affirmative, the bill passed.
On motion of Mr. Paine the bill was ordered at once transmitted to the Senate.

On motion of Mr. Adafns, the following bill was made the special order for Thursday, the 25th instant, immediately after the reading of the Journal, to wit:
A bill to amend the act to create a State Board of Health.
By consent, the following bill was introduced, read the first time, and 'referred to the Committee on the Judiciary, to-wit:
By Mr. MeW horterA bill to declare illt>gal, null and void certain wild land.fi. fas. transferred by the late Comptroller-General, and to declare a.ll sales under them void. The following message was received from the Senate, through W. A. Harris, Semetary thereof:

1628

JouRNAL OF THE HousE.

Mr. Speaker:
The Senate has passed the following House bills, towit:
A bill t:> prohibit the sale of spirituous, malt and in-
toxicating liquors in certain localities in this State.
Also, a bill to authorize a reduction of capital stock of the Bank of Augusta.
Also, a bill to repeal so much of an act as relates to the county of Lowndes, entitled an act to change and regulate the school system in the countieR of Ware, Lowndes, Berrien, Dodge and Clinch, in certain particulars.
Also, a bill to amend section 4637 of the Code in reference to the statement of prisoners in cases of felony.
Also, a bill to incorporate the Dublin Telegraph Company.
Also, a bill to incorporate the Hutchison Island Canal Company, of Chatham county.
.Also, a bill to incorporate the Thomasville Railroad Company, and to grant certain privileges to the same.
The Senate has also passed the following House billli!, with certain amendments, in which they ask the concurrence of the House, to- wit :
A bill to repeal the several acts establishing Commissioners of Roads and Revenue in the counties of Jones, Chattahooehee, Douglas, Floyd, Bulloch and Heard, respectively.
Also, a bill to carry out the true intent and meaning of the third section of an act approved December 22, 1877, to lay out and organize the county of "Wilcox, and to declare the duties of the county authorities, and to locate the county site.
Also, a bill to provide for the creation of Boards of County Commissioners for the counties of Cobb, Dooly, Henry, Telfair and Washington, in this State.

'V'EDNESDAY, SEPTEMBER 24, 1879. 1629
Also, a bill to incorporate the Gate City Street Railroad, and for other purposes.
The Senate has ag1eed to the report of the conference committee on a bill appropriating money to pay the expenses of the Special Joint Wild Land Committee, appointed at the present session.
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 and resolution, which they recommend do -pass, to-wit:
A bill to be entitled an act to appropriate a sufficient sum of money to pay the expenses incurred by the special committee of the Honse appointed at the present session of the General Assembly to investigate the conduct of the office of Comptroller-General, and for other purposes.
Also, a bill to be entitled an act to appropriate money to defray the expenses of the special committee on the inve~tigation of the State Treasury.
Also, a bill to be entitled an act to appropriate money to defray the contingent expenses of the House and Senate for the present adjourned session.
Also, a resolution ap-propriating money to defray the expenses of the committee from the Senate and House, who accompanied the remains of the Hon. J. C. Clements, late Senator, to Montgomery county.
Respe'Ctfully submitted. N. L. HuTCHINS, Chairman
On motion of Mr. A.wtry, the following bill was taken up and made the special order for Friday, the 26th inst., immediately after the reading of the Journal, to-wit:

1630

JouRNAL 011 THE HousE.

A bill to regulate and restrict the rate of interest, and for other purposes.
The special order was then taken up, and the resolution read, as amended, to-wit:
A resolution-
To authorize Peterson Thweatt to sue the State for his unpaid salary.
Mr. Tatum called for the previous question. The call was sustained, and the main question ordered. Mr. MeWhorter 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, Barksdale, .Berry, Bleckley, Born, Branch, Butler, Cannon, Chambers, Chapman, Collins, Cook, . Cox of Harris, Danitl, Davis of Baker, Dozier, DuBose, Dupree, Farnell, Fitzgerald, Fort, Fuller, Gammage, Garrard,

Gray, Greene of Ba.dwin, Hall, Hamilton, Hanks, Harrell, Ha,ris, Harrison,
Hender~on,
Hill,
Hollis, Howell of Lowndes, Hudson, Hulsey, Humber, Irvine, lvey,
Janes, Jordan of Crawford, Lang, Livingston, Maund, Miller of Liberty, Northern,

Oliver, Paine, Paull, Perkins, Phinizy, Pope, Prescott, Reese, Roach, Rogers, Roney, Russell, Shannon, Sheffield o Early, Smith of Butts Strickland of Clinch, Strother, Tarver, Tatum, Thomas, Turner of Coweta, Walters, Wilmot, Zellner.

Those voting in the negative are Messrs.-

Awtry,
Bell, Bennett, Brintle,

Hogan, Hutchins,
Kendrick, Kimsey,

Phillips of Coffee, Rankin, Redwine, Riden,

wEDNESDAY, SEPTEl\IBER 24, 1879. 1631

Buchan, Burch of Laurens, Burch of Towns, Butt, Davis of Houston, Davison, Duggar, Elder, Fletcher, Ford, Grant, Greene of Madison,

King, Kirby, Luffman, McAfee, McConnell, McDonald, McGouirck, McWhorter, Miller of Houston, Nisbet, Patterson, Phillips of Cobb,

Tho~"l not voting are Me.3srs.-

Anderson of Newton, Anderson of Pulaski,
Barron, Bird, Brantley, Carr, Clegg, Colley, Cox of Troup, Crawford., Cunningham, DeLoach, Dickin, Duvall, Glover, Hammond, Harp, Howell of Pickens,

Johnson of Clay, Johnson of Johnson, Jordan of Wilkes, Lamb, Mathews, McCurry, McLucas, McRae, Milner, Mitchell. Mynat~,
Park, Peacock, Phillips of Canoll, Pike, Pol hill, Poppell, Puckett,

Yeas 73. Nays48. Not voting 53.

Roberts, Sharman, Sikes, Simms, Smith of Oglethorpe, Taliaferro, Turner of Brooks, Weehunt, Welch, \Vheeler, Williams F. J. Willingham.
Scruggs, Sheffield of Miller, Sibley, Smith of Walton, Strickland of Bryan Tate, Toole, Vick, VIall, \Val ton, Westbrook, Wilcox, Williams of Columbia, Williams, C. W, \Vilson, Wright, Yancey.

So the resolution was adopted.
On motion of Mr. Strother, the action of the House was ordered at once tran~mitted to the Senate.
On motion of Mr. Daniel, the following bill was taken up and the Senate amendments concurred in, towit:
A bill to repeal the several acts establishing Commissioners of Roads and Revenues in the counties of Jones, Chattahoochee, Douglas, Floyd, Bulloch and Heard.

1632

JouRNAL oF THE HousE.

The action of the Honse oh this bill was ordered at once transmitted co the Senate.

The Senate amendments to the following bills were

concurred in, to-wit:



A. bill to change the times of holding the Superior

Courts of Fayette county.

Also, a bill to empower the County Commissioners

of Coweta county to purchase the bridge at Moore's

Ferry, on the Chattahoochee River, and for other pur

poses.

Also, a bill to incorporate the Gate City Street Rail-

road Company.

Also, a bill to provide for the creation of Boards of

Commissioners of Roads and Revenues in the counties

of Cobb, Dooly, Henry, Telfair and Washington, ill

this State.

Also, a bill to review and carry out the true intent

and meaning of the 3d section of an act to lay cut and

organize the county ot 'Vilcvx.

On motion of Mr. Walters, House bill No. 757 was taken from the table and placed in its order on the cal en dar.

On motion of Mr. MevVhorter, the following bill was

taken up and recommitted to the Committee on the

Judiciary, to-wit:

A bill to amend section 2844 of the Code of this State.

On motion of Mr. Northern, t.he following bill was

taken up and withdrawn, to-wit:

A bill to protect game and fish in this State.

The following bill for a third reading was, on motion,

laid on the table, to-wit:

.

A. bill to prevent the driving off and penning the cat-

tle of another, and to prescribe a punishment.

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

WEDNESDAY, SEPTEllfBER 24, 1879

16R3

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 amend section 1920 of the Code of Georgia, which authorizes the formation of limited partnerships, for the transaction of any mercantile, commercial, mechanical, manufacturing, min ing or agricultural business, so as to authorize the formation of such partnerships for the purpose of banking.
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 for the relief of Varney A. Gaskill.
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, President of the Senate, and delivered to the Governor, the following acts, to-wit:
An act t<;> carry into eff~ct paragraph 5, section 2, article 5 of the Constitution, and to prohibit the State Treasurer, or any other officer of this State or county, from using, either directly or indirectly, any money of the State, and for other purposes.
Also, an act for the relief of Benjamin F. Matthews, of the county of Chattahoochee.
Also, an act for the relief of the Macon and Augusta Railroad Company, and for other purposes.
Also, an act to make it the duty offreeholders or their agents to return the names of all tax-payers residing

1634

JoURNAL OF THE HOUSE.

upon their premises on the first day of April of each year.
Also, an 1.ct to authorize the corporation of the city of Bainbridge to levy a tax for the purpose of establishing and maintaining public schools in and for the municipality ot Bainbridge, in conformity with the Constitution, and for other purposes.
Also, an act to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Bulloch, and for other purposes.
Also, an act to amend section 3623 of the Code o 1873.
Also, an act to repeal an act to reqnire the registra tion of voters of Mcintosh county.
Also, an act to change so much of the law in relation to Grand Juries in Pulaski county as provides for two panels of Grand Jurors, so as to reduce the same to one.
Also, an act to repeal an act to abolish the office of Treasurer of the county of Pnlaski; to vest the duties of said office in the Judge of the County Court, and for other purposes, approved February 4, 1875, and to proviCJ.e for the discharge of the duties of said office until an election shall be held for said office.
Also, an act to authorize and require the Comptroller General to accept as a basis of taxation of the Upson County Railroad for the four years it is in default, the taxable valuE' thereof as determined by arbitration for the year 1878, and to relieve said railroad from the penalties attached because of said default.
Also, an act to amend the charter of the Barnard and Anderson Street Railroad, so as to extend the road bed.
Also, an act to alter and amend the road laws of this State, so far as relates to the county of DeKalb, and to

WEDNE~DAY, SEPTEl\IBER 24, .1879. 1SB5

provide for the working of the public roads, and for

other purposes.

.

Also, an act to repeal an act to reduce the salaries of

Tax-Receiver, Tax Collector and School Commissioner

for the county of Forsyth, approved February 27, 1877.

Also, an act to repeal the 43d section of an act en-

titled an act to amend the several acts incorporating

the city of Gainesville, and an act to establish a City

Court for the city of Gainesville, and for other purposes,

approved February 24, 1877, and the acts amendatory

thereof, so far as relates to the establishment of a Crimi-

nal Court in said city. Also, an act to divert the unexpended part of the

fund known as the Ohoopee River Fund, a fund pro-

vided for opening up the Ohoopee River, in the county

of Tatnall, to educational purposes.

Also, an act to repeal an act to prohibit the sale of

spirituous liquors in the town of Sharpsburg, Coweta

county, approved February 24, 1877.

Also, an act to fix the compensation of Tax-Re-

ceiver and Collector of Cherokee county, and for other

purposes.

Also, an act to repeal an act to regulate the pay of

jurors in Macon county, approved February 23, 18'16.

Also, an act to fix the time of holding, the Superior

Courts in the county of Cliq.ch, etc.

Also, an act to authorize the erection of a Court-

House for the county of Fulton, and the creation of a

debt by an issue of bonds or otherwise, and a levy of

an extra tax for said purposes.

Also, an act to provide for the creation of Boards of

Commissioners of Roads and Revenue in the counties

of Emanuel, Marion and Johnson ; to prescribe their

powers and duties, and to limit the compensation of

the officers employed by them.

Also, a resolution to authorize and require the Gov-

Hi36

JouRNAL oF THE HousE.

ernor to have printed for distribution three hundred copies of the ~ct providin:g for the lease or sale of the Macon and Brunswick Railroad.
Also, an act to repeal an act to prohibit the imposition of more tha.n fifty per cent. upon the State tax for county purposes in the county of Jackson, and for other purposes.
Also, an act to carry into eff~ct paragraph 1, section 1, article 7 of the Constitution of 1877.
W. \V. PAINE, Chairman.
The following bill was read the third time ; the report of the committee was agreed to ; and bill passed by the requisite constitutional majority; yeas 97, nays none, to-wit :
A bill to provide a mode of proof of service when made by publication.
On motion of Mr. Hudson, the action of the House jnst had in concurring to the Senate amendments to House bills was ordered at once transmitted to the Senate.
The following bills were laid on the table, to-wit: A bill to require County Commissioners to give bond. Also, a bill to regnlate the traffic in farm produce in Thomas county outside of corporate towns. The following bill was read the third time and lost, the necessary constitutional majority not having voted in the affirmative; yeas 75, nays 13, to-wit: A bill to amend section 611 of the Code, in relation to road bands. The following bill was read the third time and lost, the necessary constitutional majority not having voted in the affirmative ; yeas 82, nays 14, to-wit: A bill to authorize and require the Governor to furnish to counties whose Court-Houses have been burned certain copies of the Supreme Court Reports and Standard Weights and Measures.

WEDNESDAY, SEPTEMBER 24, 1879.

1637

~he following bill was read the third time, and the necessary constitutional majority not voting in the affirmative, was lost; yeas 65, nays 26, to-wit:
A bill to amend section 655 of the Code, by allowing Road Commissioners to resign.

The following message was received from his Ex~el lency, the Governor, through Mr. Avery, his Secretary, to-wit:
lYir. Speaker :
His Excellency, the Governor, has approved and signed the following acts, to-wit:
An act for the rPlief of Benjamin F. Matthews, of the county of Chattahoochee.
Also, an act to repeal an act entitled an act to prohibit the imposition of more than fifty per Mnt. upon the State tax for county purposes on any account whatever, in the county of Jackson.
The following bill was read the third time; the evidence of the publication of the notice required by law was exhibited, and the bill passed by the requisite constitutional majority; yeas 90, nays none, to-wit:
A bill to prevent depredation of hogs m the county of Morgan, and to prescr-ibe a penalty for the same.
The House went into the Committee of the whole House.
Mr. Mc,Vhorter, chairman of the Committee of the whole House, submitted the following report:
Mr. Speake1:
The Committee of the Whole House have had under consideration a bill to appropriate money to defray the ex'penses of the survey of the State line between Georgia and North Carolina, so far as the same is the lin~ between Rabun county, in Georgia, and Macon county, in North Carolina, which they have instructed me to

1638

JouRNAL oF THE HousE.

report back with the recommendation that it do pass, as amended.
The report of the committee was agreed to, and on the passage of the bill, the yeas and nays were required to be recorded.

The roll was called, and the following members answered to their names :

'fhose voting in the affirmative are Messrs.-

Adams, Anderson of Morgan, Awtry, Barksdale,
Bell, Bennett, Berry,
Bird, .Bleckley, Born, Burch of Laurens, Burch of Towns,
Butler, Butt, Cannon,
Chambers, Chapman,
Cook, Cox of Harris,
Daniel,
Davis of Houston, Davison, Dozier,
Duggar,
Dupree, Elder, Farnell, Fitzgerald. Fletcher,
Ford, Fuller,
Gammage, Garrard,
Grant, Gray,
Greene of Baldwin, Greene of Madison, Hall, Hamilton. Hanks,

Harrell, Harns Harrison, Henderson, Hill, Hogan, Hollis. Howell of Lowndes, Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey, Janes, Jordan of Crawford, Kendrick. Kimsey,
King, Kirby, Lang, Livingston, Luffman, Mathews, Maund, :\fc.Afee, :McConnell, McDonald, )IcGouirck, McLucas, 2Uiller of Houston, Miller of Liberty, l\Iitchell, Nisbet, Northern, Oliver, Paine, Patterson, Paull,
Perkins,

Phillips of Cobb, Pb illips of Coffee, Phinizv Pike.
Pope, Prescott, Rankin, Redwine Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Shannon, Sharman, Sheffield of Early, Sikes, Simms, Smith of Butts, Strickland of Clinch, Strother, Taliaferro, Tarver, Turner of Brooks
Turner of Coweta, Vick, 1Nalters, weehunt, Welch, vVestbrook, wheeler, Williams, C. W. "Williams, F. J
Willingham, Wilmot, wilson, Zellner.

WEDNESDAY, ::;EP'.rEMBER 24, 1879.

1639

Those not voting are Messrs.-

Anderson of Newton, Anderson of Pulaski, Barron, Branch, Brantley, Brintle, Buchan, Carr, Clegg, Colley, Collin,s' Cox of Troup, Crawford, Cunningham, Davis of Baker, DeLoach Dickin, DuBose," Duvall,

Fo~t,

Glover,

Hammond,

Harp,

Howell of Picken~,

Johnson of Clay,

Johnson of .Tohnson,

Jordan of Wilkes,

Lamb,



McCurry,

McRae,

McWhorter,

Milner,

Mynatt, ~

Park,

Peacock,

Phillips of Carroll,

Polhill,

Poppell, Puckett, Scruggs, Sheffield of Miller, Sibley, Smith of Oglethorpe, Smith of 'Valton, Stricklar.d of Br.r.an,Tate, Tatum, Thomas, Toole,
'Vall, "\Val ton, Wilcox, Williams of Columbia,
Wri~1t,
Yancey

Yeas, 119. Nays, 00. Not voting 55.

So the bill was passed, as amended, by the requisite constitutional majority.
The following bill was read the third time; thereport of the committee was agreed to; the evidence of the publication of th~ notice required by law was exhibited, and the bill passed, as amended, by the requisite constitutional majority ; yeas 99, nays none, towit:
A bill to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Tatnall, and to increase the fee for tbe same to twentyfive hundred dollars.
By unanimous consent, the following bills were introduced, read the first time, and referred to the Committee on Finance, to- wit :
By Mr. PikeA bill to amend section 99 of the Revised Code of 1873, which prescribes the bond of the ComptrollerGeneral.

1640

JouRNAL OF THE HousE.

The following bill was read the third time; the report of the committee, as amended, was agreed to, and the bill passed, by substitute, by the requisite constitutional majoriy; yeas 93, nays 8, to-wit:
A bill to amend section 3845 of the Code, in reference to pay of non-resident witnesses for the State.
The following bill was read the third time; the evidence of the publication of the notice required by law was exhibited, and the report of the committee amended and agreed to, and the bill passed, as amended, by the requisite constitutional majority ; yeas 90, nays 7, towit:
A bill for the protection of game and birds in the county of Bibb ; to prohibit the killing, trapping or netting the same, or buying, selling or oftering tor sale during certain months, and to provide penaltie~.
The following bill was read the third time, and passed by the requisite constitutional majority; yeas 100, nays none, to-wit:
A bill to change the time of holding Superior Court in the county of Henry.
. The following bill was read the third time, and passed by the requisite constitutional majority; yeas 95, nays none, to- wit :
A bill to require section bosses or overseers of railroad companies to remove stock killed by the running of engines, cars, or other machinery of railroads, to a point at least two hundred yards from public roads and from dwelling houses, and to prescribe a penalty for a failure to do so, the place of trial, and for other purposes.
The following bill was re-ad the third time, and passed by the requisite constitutional majority; yeas 97, nays none, to-wit:
A bill to amend section 3540 of Revised Code of 1873.

vVEDNESDAY, SEPTEMBER 24, 1879.

1641

The following bill was read the third time ; the report

of the committee was agreed to, and the bill passed, by

substitute, by the requisite constitutional majority;

yeas 96, nays none, to-wit:

,

A bill to give the consent ot the State to the condem-

nation of certain property of the State on Spring street,

in the city of .Atlanta.

The following bill was read the third time, and

passed, by substit11te, by the requisite constitutional

majority; yeas 88, nays none, to-wit:

A bill to regulate and prescribe the compensation of

the 8ecretary of the Senate and Clerk of the House of

Representatives for the State of Georgia, and their as-

sistants, and for other purposes.

'!'he following bill was read the third time, and passed

by the requisite <10nstitutional majority ; yeas 91, nays

none, to-wit:

A bill to repeal section 191 of the Code, which pro-

vides for L1e pay of members of the Legislature who

die during the session, or afterwards, without having

received the whole or any portion of their pay.

Mr. Hall offered the following resolution, which was

read and agreed to, to- wit :

A resolution-

Tbat the Speaker appoint a committee of five to inquire into the rigut of the Marietta and North Georgia Railroad to the proceeds of the hire of convicts.
Leaves of absence were granted to Messrs. Northern, Peacock and Davis, of Houston.
The House then adjourned till 9 A. l\1. to-morrow. 104

1642

JOURNAL OF ra.K Hor~E.

ATLANTA, GEorGIA,

Thursday, September 25, 18790
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 :m swered b their names :

Those present were Messrs.-

Adams, Anderson of Morgan,
Awtry, Barksdale,
-Barron, Bell, Bennett,
Berry, Bird,
Bleckley, Born, Branch, Brantley,
Brintle, Burch of Laurens,
Burch of Towns, Butler,
Butt, Cannon, Carr,
Chambers
Chapman,
Collins, Cook, Cox of Harris, Cox of Troup,
Crawford, .uaniel, Davis of Baker,
Davis of Houston, navison, Dick in,
Dozier,
DuBose, Duggar, Dupree, Duvall,
Elder,

Greene of Madison,
Hall, Hammond
Hamilton, Hanks, Harrell,
Harris,; Harrison,
Henderson, Hill, Hogan,
Hollis, Howell of Lowndef1 Hudson, Hulsey, Humber, Hutchins, Irvine,
Ivey, Janes,
Jordan of Crawford,
Kendrick, Kimsey, King, Khby, Lang,
Livingston, Luffman, Mathews,
Maund, McAfee, McConnell, McDonald, l\1cGourick,
1\:lcLuea.~,
McWhorter, Miller of Houston,
1-filler of Liberty,

Phillip~ of Carroll,
Phillips of Cobb, Phillips of Coflee, Phinizy, Pike,
Pope, Prescott, Rankin,
Redwine, Reese, Riden,
~oach,
Roberts,
Rogers, Roney, Russell,
Shannon, Sharman,
Sheffield o\. Early . Sikes,
Simm~,
Smith of Butts, Smith of Oglethorpe, Strickland of Clinch, Strother, Taliaferro, Tarver, Tate, Tatum,
Thomas, Toole,
Tumer of Brooks, Turner of Coweta, Vick,
'Valters,
'Valton, 'Veehunt, Welch,

THUHSDAY, SEPTEl\rBER 25, 1879.

1643

Farnell, Fitzgerald, Fletcher,
Ford,
Fort, Fuller, Gammage, GarraJ:d,
Grant, Gray,
Glover Greene of Baldwin,

Milner, )fitchell, Mynatt, Nisbet, :Northern Oliver, Paine. Park,
Patterson, Paull, Peacock, Perkin.,,

Those absent were .Messrs.-

Anderson of Xewton, Anderson of Pulaski, Buchan, Clegg, Colley, Cunningham, DeLoach, Harp,

Howell of Pickens,
.Johmon of Clay, Johnson of Johnson, .Jordan of Wilkes,
Lamb, )lcCurry, )lcRae,
l'olhill,

Present, 150. A_bsent, 24.

Westbrook, wheeler, WWilillcioax~s of Columbia, ~'illiams, C. W., Williams, F. J. Willingham, wilmot, Wilson Wright, Yancey, Zellner.
Poppell, Puckett, Scruggs, Sheffield of ~!iller, Sibley, Smith of Walton Strickland of Bryan, Wall.

Mr. 1\IcAfee, from the Committee on Journals, reported the J otirnal of yesterday examined a.nd ap proved.
The Journal was then read and confirmed.
Mr. Strother moved to reconsider so much of the Journal as relates to the action of the House upon a bill t.o amend section t>ll of tht> Code relating to the distribution of road hands.
'l'he motion to reconsider prevailed. Mr. Ford moved to reconsider so much of the Journal as relates to the action of the House upon a bill to require the Governor to furnish certain copies of the Supreme Court Reports, and Standard vVeight~ and Measures to counties whose Court-Houses have teen burned. 'fhe motiJn to reconsider prevailed. Mr. Awtry moved to reconsider so much ofthe Jour-
nal as relates to the action of the House upon a bill to

1644

'JouRNAL oF THE HousE.

amend section 655 of thfl Code, so as to allow Road

Commissioners to resign after two years' consecutive

service.

The motion to reconsider prevailed.

Mr. Cox of Troup, moved to suspend the rules for

the purpose of taking up res(!}lution No. 141 in relation

to the improvement of the Chattahoochee River. The motion prevailed.

The resolution was read and agreed to.

House bill No. 753 was, on motion of Mr. Northern,

taken from the table.

On motion of Mr. Adams the special order for the

day, the bill to amend the act creating the State Board

of Health, was laid on the table.

By .consent, the following bills were introduced, read

the first time, and referred to the Committee on the

Macon and Brunswick Railroad, to-wit:

By l\Ir. Fort-

,..

A bill to constitute the lessees of the Macon and

Brunswick Railroad, in the event said road is leased,

agents of the State for certain purposes

Also, a bill to explain and declare the true intent

and meaning of the 1st and 13th ser.tions of an act to

authorize the lease or sale of the :Macon and Bruns-

wick Railroad, etc., approved September 3, 1879.

The following leaves of absence were granted :

To Messrs. Bell, Phinizy, Jordan of Crawford, Vick

and Kendrick.

The following message ~vas received from the Senate,

through Mr." Harris, Secretary thereof :

Mr. Speaker :

'rhe Senate has passed the following House bills, towit:
A bill to authorize the Commissioners of Bibb county to purchase property put up for sale for State and county taxes due in said county.

THURSDAY, SEPTEl\IBER 25, 1879.

1645

Also, a bill to repeal an act approved February 26, 1877, requiring the County Commissioners of Bibb county to pay all necessary and proper expenses incurred in conducting elections in said county.
Also, a bill to amend section 281 of the Code. Also, a bill to incorporate the Athens Transfer Railroad Company. The Senate has also passed the following Senate bills, with certain amendments, in which they ask t.he concurrence of the House: A bill to establish a system of public schools in the city of Cartersville. Also, a bill to incorporate the Dahlonega Air Line . Railroad Company. Also, a bill to incorporate the town of Benton, in the counties of Hall and Banks. Also, a bill to repeal the seYeral acts establishing County Courts for the counties of Dooly, Campbell, Floyd, Rockdale and Clarke. The Senate has concurred in the House resolution in relation to the collection of the special liquor tax in this State. The following House bills were not passed, to-wit: A bill to prevent the dismissal of cases in the Supreme Court for want of the certificate of the Judge. Also, a bill to amend section 3409. Also, a bill to preserve order on the railroads of this State. Also, a bill to define and enlarge the duties of the Attorney-General of this State. Mr. Hutchins, chairman of the Committee on Finance, submitted the following report :

Mr. Speaker :

The Committee on Finance have had under consid-

eration the following bills, which they recommend do

not pass, to- wit :



1646

JouRNAL OF THE ROUSE.

Senate bill No 186 to be entitled an act to regnlate and fix the fees of Ordinaries, Sheriffs and Clerks of the Superior Courts for services to be rendered where no fees are now presc1ibed by law; to -provide who shall pay said fees, and to amend section 3696 of the Code of 1873.
.Also, House bill No. 322, to be entitled an act 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 committee have also had under consideration the following bill, which they rPcommend do pass, by substitute, to-wit :
House bill No. 865, to be entitled an act to encourage immigration to Georgia, and for other purposes.
Respectfully submitted. N. L. HuTCHINS, Chairman.

Mr. Paine, chairman of the Committee on Enrollment, submitted the following report :
Mr. Speaker:
The Committae 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, th~ following act, to-wit:
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.
W. "\V. PAINE, Chairman.

On motion of 1\fr. "\Vilson, the following bill was taken up, and the Senate amendments concurred in, to-wit:
A bill to repeal the several acts creating, organizing and establishing County Courts for the counties of

THURSDAY, 8EP1'E1tiBER 25, 1879.

1647

Dooly, Campbell, Floyd, Rockdale and Clarke, and to provide for the proper disposition of the business pending in said courts, and for other purposes.
The following biJl was read the third time, and the report of the committee was agreed to, to-wit :
A bill to amend that part of the school law of August 23, 1-872, which relates to the examination of and licensing teachers, the object being to secure a. highl3r grade of qualification of teachers.
Mr. Northern called for the yeas and nays on the passage of the bill.
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, Awtry, Barksdale, Bird, Branch, Burch of Laurens, Butler, Cannon, Carr, Chambers, Chapman, Cook, Cox of Harris, Daniel, Dozier, Dupree, Elder, Fitzgt>rald, Fletcher, Ford, Fuller, Garrard,

Gray, Green of Baldwm,
Hall. 1 Hamilton, Hanks,
Harrell, Harris, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes,
Humber, Irvine,j Ivey,
Janes, Jordan of Crawford, Kendrick, Kirby,
Lang, Livingston, Mathews,

McDonald, McLucas, Mc,Vhorter, Miller of Houston, Mitchell, Nor!hem, Oliver, Phillips of Carroll,
Pope, Roach, Rogers,
Roney. Russell, Shannon, Strother, Turner of Brooks, Walters, Williams of Columb'a, Williams, C. W. Wilmot. Wilson, Zellner.

Those voting in the negative are Messrs.-

Bennett, Bleckley, Brintle, Burch of Towns, Butt, Collins, Davison,

McConnell, 1\fcGourick, Miller of Liberty,
Park, Patterson. Phillips of Cobb, Phillips of Coffee,

Sheffield of Early, Sikes, Simms, Smith of Butts, Strickland of Clinch, Taliaferro, Tarver,

1648

JOURNAL OF THE .IIOUSE.

Duggar, Grant,
Greene of Madison, Kimsey, King, Luffman, liaund, McAfee,

Pike, Prescott, Rankin, Redwine, Reese, Riden, Roberts, Sharman,

Tate, Tatum, \Veehunt, Welch, \Vest brook, \-Vheeler, Willingham,

Those not voting are Messrs.-

Anderson of Newton, Anderson of Pulaski, Barron, Bell, Berry, Born, Brantley, Buchan,
Clegg, Colley, Cox of Troup, Crawford, Cunningham, Davis of Baker, Davis of Houston, DeLoach, Dickin, DuBose, Duvall, Farnell, Fort,

Gammage, Glover, Hammond,
Harp, Howell of Pickens, Hu-:lson, Hulsey, Hutchins, Tohnson of Clay, Johnsc::n of Johnson, . Jordan of Wilkes, Lamb, McCurry, McRae, Milner, Mynatt, Nisbet, Paine, Paull, Peacock,
Pekins,

Phinizy, Polhill, Poppell, Puckett, Scruggs,
Sheffield of Miller, Sibley, Smith of Oglethorpe, Smith of Walton,
Strickland of Bryan, Thomas, Toole,
Turner of Coweta, Vick, Wall,
\Valton, \Vilcox,
Williams, F. J.
Wright,
Yancey.

Yeas 68. Nays 44. Not voting 62.

So the requisite constitutional majority not having voted in the affirmative, the bill was lost.
The following bill was read the third time, and the report of the committee was agreed to, to wit:
A bill to amend an act to prevent the burning of ginhouses in this Stat~, by requiring the Governor to offer a reward for the apprehension of' incendiaries, and for other purposes, approved .March 6, 1875.
On the question of' the passage of' the bill, Mr. Miller, of Houston, called for the yeas and nays.
The call was sustained, and on calling the roll the vote was as follows :

Tuu~sDAY, SEPTEli!BER 25, 1879.

1649

Those voting in the affirmative are Messrs.-

Adam~,
Anderson ef ;Morgan, Awtry, Bennett, Berry, Bird, Bleckley,
Branch, Briritle, Burch of Laurens, Burch of Town~,
Butler, Butt, Cannon, Carr, Chambers, Chapman, Cook, Cox of Harris. Davison, Dickin, Dozier, Duggar, Dupree, Elder, flitzgeralc. Ford, Fuller, Garrard, Grant, Gray, Greene of Baldwin, Greene of Madison, Hall, Hamilton, Hanks,

Harris, Harrison, Henderson,
Hill, Hogan,
Howell of Lowndes, Irvine, Janes, Jordan of Crawford, Kimsey, King, Kirby,
Lrrn.g, Livingston, Luffman, Mathews, :J[aund, :\1c -\fee, :\IcConnell, :JicDonald, ::\IcGouirck, :JicLncas, :\Ic \Yhorter, )filler of Houston, }filler of Liberty, C\Iitchell, Xorthern, Oliver, Patterson, Perkins, Phillips ol Carroll, Philips of Cobb, Phillips of Coffee, Pike, Pope, Prescott,

Redwine, Reese, Riden, Roach, Roberts, Rogers. Roney,
Russell, Shannon, Sharman, Sheffied of Early, Sikes, Simms, Smith of P.utt~, Smith of Oglethorpe, Strickland of Clinch, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas Turner of Brook~, IV alters, "Teehunt.
Welch, \Ve:;tbrook, \Vheeler, Williams of Columbia, Williams, C. W. Williams, F. J. \Villingham, Wilmot, \Vilson, Zellner.

Those voting in the negative are Messrs.-

Duvall. Fletcher,

Harrell, Ivey,

Kendrick, Iiankin,

Those not voting are Messrs.-

Andersf'I: of Xewton, At!d.er,on of Pulaski,
Barl~"llale,
Barron, Bell, Born, Brantley, Buchan, Clegg,

Gammage, Glo\er Hamlll'ond,
Harp, Hollis, Howell of Pickens, Hudson, Hulsey, Humber,

Park, Paull,. Peacock, Phinizy, Pol hill, Poppell, Puckett, Scruggs, Sheflied of Miller,

1650

JouRNAL o~ THE HousE.

Colley, Oollins, Cox of Troup, Crawford,
Cnnnin.~ham,
Daniel, Davis of Raker, Davis of Honotnn,
DeLoach, DuBose, Farnell, Fort,

Hutchins, Johnson of Clay, Johnson of Johnson, .Torclan of \Yilkes, Lamh, 1\fcCnrry,
l\fcRae, :Milner, )!_matt, Xisbet, Paine,

Yeas 1G7. Nays6. Not voting, 61.

Ribley, Smith of \Valton, Rtric land of Bryan,
Tool!', Tnrner of Coweta,
Vick, \Vall, "ralton, 'Wilcox, Wright, Yancey.

So the requisite constitutional majority having voted in the affirmative, the bill passed by substitute.
On motion of Mr. Phillips, of Cobb, House bills amended in the Senate were taken up, and the following bill was first in order, to-wit:
A bill to incorporate the town of Benton, in the counties of Hall and Banks.
On the question of concurring in the Senate amendment, Mr. Ollver called for the yeas and nays.
The call was sustained, and on calling the roll the vote was as follows:

Those votiag in the affirmative an~ Messrs.--

Anderson of Morga~, Awtry, Rark<;dale, Bennett, Berry, Bird Bleckley, Born. Brintle, Burch of Laurens, Burch of Towns, Butler, Butt, Chambers, Cook, Cox of Harris, Daniel,

Hanks, Harris, Harrison, Hill. Hollis, Howell of Lowndes, Humber, Hutchins, Ivey, Jordan of Crawford, Kendrick,
l>!msey,
K1n~.
Kirby, Lang, Livingston, Luffman,

Pike, Prescott, Rankin, Redwine, Riden, Roberts, Rogers, Roney, Russell, Sharman, Sikes, Simms, Smith of Butts. Strickland of .Clinch, Strother, Taliaferro,
Tarver,

TIIURSD.A.Y, SEPTE1fBER 25, 1879.

] (951

Davison, Dozier. Duggar, Dupree, Duvall, Fitzgerald, Fletcher, Fort, Fuller, Garrard, Grant, Gray, Hall, Hamilton,

Mathews. Maund, McAfee, McConnell, 1\lc Donald, McGouirck, Miller of Houston, ~Iill~r of Liberty, 1\IitchelJ..
Northern, Paull, Perkins,
Phillips of Canoll, Phillips of Coffee,

Tate. Tatuin, Thomas, Walton, Welch, wheeler, Willhms, C. W.
Williams F. J. Willingham, Wilmot, \Vilson, Yancey, Zellner.

Those voting in the negative are Messrs.-

Branch, Cannon, Carr, Chapman, Elder, Ford, Greene of Ba.dwin, Greene of Madison,

Henders<>n, Hogan, Irvine,
Janes, McLucas, McWhorter, Oliver, Patterson,

Phillips of Cobb, Pope, Roach, Shannon, Sheffield of Early, Turner of Brooks, \Veehunt.

Tho~~ not voting are Me.3srs.-

Adams, Anderson of Newton, Anderson of Pulaski,
Barron, Bell, Brantley, Buchan, Clegg, Colley, Collins, CGx of Troup, Crawford, Cunningham, Davis of Baker, Davis of Houston, DeLoach, Dickin, DuBose, Farnell, Gammage,

Glover, Hammond, Harrell, Harp, Howell of Pickens, Hudson, Hulsey, Johnson of Clay, Johnson of Johnson, Jordan of Wilkes, Lamb, McCurry, McRae, :\filner,
Myna~~.
Nisbet, Paine, Park, Peacock, Phinizy,

Yeas92. Nays23. Not voting 59.

Polhill, Poppell, Puckett, Reese, Scruggs, Sheffield of Miller, Sibley, Smith of Oglethorpe, Smith of Walton,
Strickland of Bryan Toole, Turner of Coweta, Vick:, VIall, \Valters, Westbrook, \Vilcox, Williams of Columbia, Wright.

So the Senate amendment was concurred in.

1652

JOURNAL OF THE HoUSE.

The Senate amendments to the following bills were concurred in, to-wit:
.A bill to establish a system of public schools for the city of (1artersville, and to provide for the support and m~;~,intenance thereof, and for other -purposes.
.Also, a bill to incorporate the Dahlonega Air-Line Railroad Company, and for other purposes.
On motion of 1\fr. Northern, the action of the House in concurring in Senate amendments to tl~e above bills was ordered at once transmitted to the Senate.
By consent, the following resolution was introduced, read and agreeCJ to, and referred to the Committee on the Lunatic .Asylum.
By Mr. King-
.A resolution-
Instructing the Committf'e on the Lunatic .Asylum to inquire into the treatment of Bryan l\forris while an inmate of said asylum.
On motion of 1\fr. Butler, the following bill was recommitted to the Committee on Corporations, to-wit:
.A bill to repeal an act amending the charter of the ~ town of St. Mary's.
By unanimous consent, the following bills were introduced, read the first time, and referred to appropriate committees :
By l\fr. Pike.A bill to require certain parties to give in their taxes to the Secretary of State, and requiring the Comptroller-General to collect the same, and prescribing the manner in which said taxes shall be giw~n in and collected, and the manner in which certain books shall be kept, and for other purposes. Referred to the Committee on Finance. By Mr. A dams.A bill to amend an act to encourage the propagation

THURSDAY, tiEPTEllfBER_ 25, 1879.

1653

of fish in the waters of the State of Georgia, and for other purposes.
Referred to the Committee on the Judiciary. The following bill was laid on the table, to-wit: A bill to enlarge the facilities for education furnished by the University ot Georgia, by creating a new school to be a part thereof, and to be known as the Georgia State N onnal College.
1\fr. 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 Senate bill, which they recommend do pass, to-wit:
A bill to be entitled an act to amend section 2042 and 2043 of the Code of 1873, the former of which provides for laying off and platting the homestead allowed by said Code, and the latter of which provides for the trial of objections to the survey of the same.
'l'he committee have also had under consideration the ._ following bill, which they recommend do pass, to-wit:
A bill to be entitled an act to create a Board of Com- ' missioners of turnpike roads in this State, and for other purposes.
'l'he committee have also had under consideration the following bill, which they recommend do pass, by substitute, to-wit :
A bill to be entitled an act to amend section 1407 of. the Revised. Code, so as to authorize physicians in practice under legal diplomas or license to open and keep drug or apothecary ston~s without license.
'l'he committee have also had under consideration the following bills, which they report back with the recommendation that tile introducer be allowed to with draw them, to-wit:

1654

JouRNAL OF THE HousE.

A bill to be entitled an act to carry into effect paragraph 3, section 18, article 6 of the Constitution of the State of Georgia, fixing the compensation of jurors in

the Superior Courts of this State. Also, a bill to be entitled an act.to organize a County
Court; definu its jurisdiction, affix the fees of its officers, and for other purposes.
Also, a bill to be entitled an act to exempt certain numbPr of acti\'e firemen from jury duty.

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 repeal an act entitled

an act to repeal section 4323 of the Revised Code of

1873 ; to prescribe the punishment of persons convicted of murder, and for other purposes, approved December 16, un8, and t) re-enact and declare of full force

said section 4323, which prescribes the punishment for

the crime of murder in this State.



Also, a bill to be entitled an act to define the crime of

being a tramp, and to provide for the trial and punish-

ment of the same.



The committee have also had nuder consideration

the following bills, which they recommend do not pass,

to-wit:

A bill to be entitled an act to regulate and restrict the rate of interest in this State; to prescribe a forfeit-

ure for over-charge of interest, and for other purposes.

Also, a bill to be entitled an act to point out the du-

ties of Clerks of the Superior Courts of this State in relation to settling mortgages, and for other purposes.

Also, a bill to be entitled an act to preserve the right of trial by jury in cases for personal damages against

corporations, and to prohibit the Judges from setting aside the verdict ot the jury and granting more tllan

one new trial.

THURSDAY, SEPTEMBER 25, 1879.

1655

Also, a bill to be entitled an act to define and punish tramps.
'l'he committ~e have also had under consideration the following resolution, which they report back with the recommendation that it do not pass, to-wit:
A resolution-
In reference to the revision of the Code of Georgia, the committee being satisfied that the time has not arrived for another revision of the Code.
Respected submitted. H. G. TuRNER, Chairman.
The following message was received from the Senate through Mr. Harris, the Secl"etary thereof:
Mr. Speaker:
The Senate has adopted the following resolution, which I am ordered to transmit to theHouse of Representatives forthwith:
Resolved, That the Senate request the return from thP- House of House bill No. 791, that the sa:ne may be amended in the Senate. . Mr. Livingston, chairman of the Committee on Agriculture, submitted the following report:
lJtir. Speaker :
The Committee on Agl'iculture have had under consideration the following bills, which they report back to the House with the recommendation that the authors be allowed to withdraw the same, to-wit:
A. bill to be entitled an act to furnish all maimed Confederate soldiers who lost a limb in the late war between the States artificial limbs, as provided by the Constitution.
Also, a bill to be entitled an <1 ct to require all land owners to have their lands surveyed every ten years, and for other purposes.

1656

JouRNAL OF THE HousE.

The committee have also bad unJer consideration the following Senate bills, which they recommend do pass, to-wit:
A bill to be entitled au act for the prevention of cruelty to ~nimals, and to repeal all existing laws on said subject, to-wit: The act entitled an act for the prevention of cruelty to animals, approved March 1, 1H75, and an act to alter and amend an act for the prevention of cruelty to animals, approved March 2~, 1876.
Also, a bill to be entitled an act to make certain en.closures a lawful fence, and to extend thE> same existing provisions of law on the subject of lawful fence.
Also. the following bill of the House, to-wit: A hill to be entitled an act to authorize J. B. Watson to erect gates on the public road leading from Aderhold's Ferry to the Campbellton road, in the county of Douglas, in the State ofGeorgia, which they recommend do pass. Also, the following bill, which they recommend do pass, as amended, to-wit: A bill to be entitled an aet to l'epeal an act which prohibits the sale of spirituous liquors in the towns of Carrollton, Bowden, whitesburg, and Villa Rica, in the county of Carroll.
Also, the following bill, which they recommend do not pass, to-wit:
A bill to be entitled an act to amend an act to amend an act entitled an act to render more efficient and economical the inspection and analysis vf fertilizers, and to amend the laws in relation to the inspection, analysis a.nC: sale of the same, approved February 26, 1S'i7.
The committee have had under consideration a resolution relative to the road laws of this State, and request to be discharged from the further consideration of the sam~.

THUl'tSD.A.Y, SEPTEMBER 25, 1879.

1657

They have also considered the memorial ot H. L. Stuart in reference to encouraging co-operative colonization in Georgia, for which they recommend a sub-
stitute. Respectfully submitted. L. F. LIVINGSTON, Chairman.

The following bill was read the third time; the report of the committee agreed to, and the bill passed, as amended, by the requisite constitutional majority; yeas 99, nays none, to-wit:
A bill granting the right of way to the Cinninnati Southern Railway where its route adjoins that of the Western and Atlantic Railroad.
The following bill was rt>ad the third time ; the requisite constitutional majority not having voted in the affirmative-yeas 83, nays 17-the bill was lost, towit: A bill to provide for the selection and empannelling of juries in capital cases.
The follo ..ving bills were, on motion, laid on the table, to-wit:
A bill for the relief of william Rich from a judg ment rendered against him in favor of the Governor.
Also, a bill to prescribe the manner of fixing the compensation of jurors in all the counties of this State.
On motion of Mr. Phillips, of Cobb, the rules were suspended for the purpose of reading House bills a second time.
The following hills were read the second time, to wit:
A bill to carry into effect article P, section 4, paragraph 6, of the Constitution in reference to a.ppeals from one jury to another in the Superior and City Courts.
Also, a bill to prescribe the duty of the Judges of 105

1658

JouRNAL oF THE HousE.

the Superior Courts in examining and approving bills

for insolvent costs.

.Also, a bill to repeal section 4687 of the Code and

an act assented to February 26, 1874, in reference to

the change of venue in criminal cases.

Also, a bill to reduce the bond gf the Sheriff of

Wayne county in this State, and for other purposes.

Also, a bill jo authorize J. B. VVatson to erect gates

on the public road leading from Aderhold's Ferry to

the Campbellton road.



Also, a bill to carry into effect paragraph 1, section

2, article 4, of the constitution for the regulation of

freight and passenger tariffs.

Also, a bill to repeal an act which prohibits the sale

of spirituous liquors in the towns of Carrollton, Bow-

den, Whitesburg and Villa Rica in Carroll county.

The following message was received from his Ex~el lency, the Governor, through Mr. Avery, his Secretary, to-wit:

Mr. Speaker :

His Excellency, the Governor, has approved and signed the following acts, to-wit:
An act to repeal an act to abolish the office of Treasurer of the county of Pulaski; to vest the duties of said office in the Judge of the County Court, and for other purposes, approved February 4, 1875, and to provide for the discharge of the duties of said office until an election shall be held for said office.
Also, an act to change so much of the law in relation to Grand Juries in Pulaski county as pwvides for two panels of Grand Jurors, so as to reduce the same tJ one.
Also, an act to repeal an act to regulate the pay of jurors in Macon county, approved February 23, 1876.

Also, an act to fix the time of holding the Superior

. THURSDAY, :::lEPTEMBER 25, 1879.

1659

Courts in the county of Clinch, and for other purposes.

Also, an act to fix the compensation of Tax-Receiver

and Collector of Cherokee county, and for other pur-

poses. Also, an act to amend the charter of the Barnard

and Anderson Street RaiLroad, so as to extend the

road bed.

Also, an act to amend section 3623 of the Code of

1873. Also, an act to repeal an act to reduce the salaries of

Tax-Receiver, Tax-Collector and Schoo} Commissioner

for the county of Forsyth, approved February 27, 1877.

Also, an act to repeal an act entitled an act to re-

quire the registration of voters of Mcintosh county.

Also, an act to divert the unexpended part of the

fund known as tbe Ohoopee River Fund, a fund pro-

vided for opening up the Ohoopee River, in the county

of Tatnall, to educational purposes in said county. Also, an act to carry into effect paragraph 5, section 2,

article 5 of tbe Constitution, and to prohibit the State

Treasurer, or any other officer of this State or county,

from using, either directly or indirectly, any money of the State, and for other purposes.

Also, an act to alter and amend the road laws of this State, so far as relates to the county of DeKalb, and to

provide for the working of the public roads of said

county by convict labor, and to authorize the Ordinary

of said county to levy and collect a tax for said pur-

pose.

Also, an act.to prescribe the meth_od of granting license to sell spirituous or intoxicating liquors in thE:'

county of Bulloch, and to increase the fee for the same

to five thousand dollars.

Also, an act to provide for the creation of Boards of

Commissioners of Roads and Revenue in the counties

of Emanuel, Marion and Johnson ; to prescribe their

1660

JOURNAL OF THE HoUSE.

powers and duties, and to limit the compensation of the officers employed by them.
..Also, a resolution authorizing and requiring the Governor to have printed for distribution among parties who may desire it, three hundred copies of the act providing for the lease or sale of the Macon and Brunswick Railroad.
Mr. Paine, chairman of the Committee on Enrollment, submitted the following report:

.Mr. Speaker :
'fhe Committee on Enrollment report as duly enrolled, and ready for the signature of the Speaker of the House of Representatives, the following acts, towit:
An act to provide for the appointment of a County Solicitor for the county of Pulaski.
Also, an act to repeal section 1 of an act entitled an act to amend the charter of the city of Milledgeville, ap.iJroved February 16, Hi76, to confer additional power on the Mayor and Council of said city, and to change the time of holding elections for the Mayor, Alderman and Clerk of the same.
..Also, an act to entirely prohibit the sale of spirituous or intoxicating liquors within the limits of Irwin county .
..Also, an act to repeal an act creating a Board of County Commissioners of Roads and Revenues for the county of Paulding, approved December 13, 1871.
Also, an act to incorporate into the corporate limits of the city of Albany, Georgia, the grounds and premises of the Southwest Gecrgia Industrial ..Association for park and police purposes, and to authorize said city to keep said grounds in repair.
Also, an act to carry into effect paragraph 18, section 1, article 5 of the Constitution of 1877 ; to provide for

THURSDAY, SEPTEMBER 25, 1879.

1661

the suspension of the Treasnrer or Comptroller-G~>neral of the State from the discharge of the duties {.>f their office in c~>rtain cases, and also for the appointment of suitable personH to discharge the duties of the same.
.Also, an act to establish the original rates of toll for crossing the bridge across the Chattahoochee River at the town of Fort Gaines.
Also, an act to repeal an act entitled an act to regulate the compensation of Tax-Collector and Tax-Receiver for 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.
Also, an act to prevent the giving, or promising to give, by any person for himself or for another, or for any bank or corporation, any fee, interest or reward to the State Treasurer, or &.ny other person whatever, for the deposit or use of money of the State, and to prescribe a penalty therefor.
.Also, an act to regulate the manner of letting o~t contracts to build or repair public buildings, bridges, causways, or other public works in this State, and for other purposes.
.Also, an act to incorporate the Savannah Trust and Safe Deposit Company.
Also, an act to incorporate the Gate City Street Railroad Company, and for other purpo!'les.
Also, an act to appropriate a sufficient amount of money to pay the expenses incurred by the Spec~al Joint Wild Land Committee, appointed at the present session.
Also, an act to incorporate the Hutchison Island Canal Company, of Chatham Qounty.
Also, an act to incorporate the Dublin Telegraph Company.
Also, an act to authorize a reduction of the capital

1662

JoURNAL OF THE HoUSE.

stock of the Bank of Augusta, and to more clearly define and specify the powe'r and authority of said bank.
.Also, an act to repeal so much of an act as relates to the county of Lowndes, entitlt>d an act to change and regulate the school system in the counties of Ware, Echols, Lowndes, Berrien, Charlton, Dodge and Clinch in certain particulars.
Also, an act to empower the County Commissioner of Coweta county to purchase the bridge at Moore's Ferry, on the Chattlahooc~ee River.
Also, an act to cany out the true intent and meaning of the third section of an act approved December 22, 1857, entitled an act to lay out and organize the county of Wilcox, and to declare the duties of the county authorities and citizens relative to locating the county site.
Also, an act to repeal the several acts establishing Commissioners of Roads and Revenues in the counties of Jones, Chattahoochee, Douglas, Bulloch, Heard and Lumpkin, respectively.
Also, an act to amend section 4637 of the Code of Georgia in reference to the statements of prisoners in cases of felony, and the act of 1874 ~meniatory thereof entitled an act to amend. section 4637 of the Code of Georgia, by striking out the words "for a felony" in the second line of said section of said last mentioned act, approved February 28, 1874.
Also, an act to incorporate the Thomasville Railroad Company, and to grant certain privileges to the same.
Also, an act to change the times of holding the Superior Courts of Fayette county.
Also, an act to amend an act entitled an act to incorporate the town of Sccial Circle, in the county onValton, and to appoint Commi~sioners for the same, and to point out the mode of electing Commissioners, and for other purposes, approved March 18, 1869, w~erein

THURSDAY, SEPTEMBER 25, 1879.

1663

the taxing power conferred by said act.incorporating said town shall be enlarge<}~, and furtheT corporate powers and privileges herein named may be exercised by said town.
Also, an act to provide for the creation of Boards of Commissioners of Roads and Revenue in the counties of Cobb, Dooly, Henry and Telfair. in this State, and for other purposes.
W. W. PAINE, Chairman.

Mr. Duval offered the foJlowing resolution, which

ms read and agreed to, to-wit :



A rt>solution-

That House bill No. 791 be immediately transmitted to the Senate, in accordance w1th the request of the Senate.
On motion of Mr. Hulsey the following bill was withdrawn, tv-wit:
A bill tor the relief of Varney A. Gaskill. On motion of Mr. Turner of Brooks, the consideration of bills for a third reading was resumed. The following bill was recommitted to the Committee on the Judiciary, to-wit: A bill to amend section 1407 of the Code in reference to physicians and druggists. Tbe following bill was laid on the table, to-wit: A bill to grant to the Great Southern Railway Company an extension of ten years for the completion of its road from the expiration of the time in the act incorporating said company. The following bill was, on motion, laid on the table, to-wit: A bill to alter and amend section 1456 of the Code relative to the firing of the woods. The House went into the Committee of the Whole House.

1664

JouRNAL o.F THE HousE.

Mr. Pike, chairman of the Committee of the Whole House, submitted the following report:

Mr. Speaker:

The Committee of the 'Vhole House have had under

consideration a bill to appropriate money to pay the

salary of the Physician of the Penitentiary, appointed

by the Governor.



They have instructed me to report the bill back with

a recommPndation that it be recommitted to the Com-

mittee on Finance.

The report of the committee was adopted.

.

On motion of Mr. Paine the following bill was with-

drawn, to-wit:

A bill to declare the true meaning of the third sec-

tion of the tax act of 1875, approved March 3, 1875.

The following bill was read the third time ; the evidence of the publication of the notice rPquired by law was exhibited, and the bill passPd, by the requisite constitutional majority; yeas 107, nays none, to-wit:
A bill to repeal an act approved February 26, 1877, creating a Board of County Commissioners for the county of \Vare.
On motion of Mr. Strother, the following bill was made the special order for Tuesday next, immediately after the 1eading of the Journal, to wit :
A bill to carry into effect paragraph 1, section 9, article 6, of the Constitution, so far as the same relates to County Courts.

The following bill was made the special order for Saturday, the 27th instant, immediately after the. reading of the Journal, to-wit:
A bill to encourage immigration to Georgia, and for other purposes.

The House went into Committee of the Whole House.

THURSDAY, SEPTEMBER 25, 1879.

1665

Mr. Cook, chairman of the Committee of the Whole House, submitted the following report :

Mr. Speaker:

The Committee of the "\Vhole Honse have had under consideration a bill to appropriate money to pay the expenses of the committee to investigate the office of the Principal Keeper of the Penitentiary.
They have instructed me to report that they have made some progress and ask leave to sit again.

The following hill was read the third time; the evidence of the publication of the notice required by law was exhibited, and the bill passed by the requisite constitutional majority; yeas 91, nays none, to-wit:
A bill to amend an act to incorporate the Louisville Branch Railroad Company so as to authorize said company to borrow money necessary for the construction and equipment of said road, and to secure the payment of the same by the issue of first mortgage bonds upon said road, its equipment and franchises.

The following bill was read the third time, and the report of the committee was a~:;reed to, to-wit:
A bill to amend section 611 of the Code of 1873, which reads as follows: The same road hands shall not be required to work on more than one public road which shall come within three miles of their residence, excP.pt in opening a new road, when all the road hands of the district a1,;e subject to work upon it.

On motion of Mr. Strother, the time of the House was extended ten minutes.

Mr. Strother called for the yeas and nays.
The call was sustained, and on calling the roll the vote was as follows :

1666

JoURNAL OF THE HOUSE.

Those voting in the affirmative are Messrs.-

Adams,

Awtry,

Bennett,

Berry,

Bird,

Bleckley,

Born,

Branch,

Brintle,

Burch of Laurens,

Burch of Towns,

Butt,

Carr,

..

Chambers,

Chapman,

Cook,

Crawford,

Davis of Houston,

Davison,

Dozier,

Duggar,

Dupree,

Elder,

Fitzgerald,

Fletcher,

Ford,

Fuller,

Greene of Madison,

Hamilton,

Hanks,

Harrell,

Harrison, Henderson,
Hill, Hogan, Howell of Lowndes, Hulsey,
Humber, Irvine,
Ivey,~
Janes, Jordan of Crawford, Kimsey,,
King, Lang, Luffman,
Mathews, Maund,
McDonald, McGouirck, McLucas,
1\flller of Houston,
Miller of Liberty, Mitchell, Northern, Paine, Patterson,
Phillips of Co:ftee,
Pike, Pope, Prescott,
Reese,

Riden,
Roach, Roberts,
Rogers, Russell, Shannon, Sharman, Sheffield of Early,;
Sikes, Simms, Smith of Oglethorpe,
Strickland of Clinch, . Strother, Taliaferro,
.Tarver, Tate, Thomas,
Toole, Turner of Brook~,
Walters, Walton, Weehunt,
Welch,
Wheeler, Williams of Columb1a, Williams, C. W. Williams, F. J.
'Vi! mot, Wilson, Yancey,
Zellner.

Those voting in the negative are ~essrs..-

Cannon, Cox of Harris
Duvall, Garrard, Greene of Baldwin,

Hollis,
Hudson, Kendrick. McAfee.
Oliver,

Paull, Phillips of Carroll,
Smith of Butts, Tatum.

Those Ttot voting are Messrs.-

Anderson of Morgan,
Anderson of Newton, Anderson of Pulaski, Barksdale,
Barron, Bell,
Brantley, Buchan, Butler, Clee;g, Colley, Collins,

Gray, Glover,
Hall, Hammond,
Harp, Harris, Howell of Pickens,
Hutchins, Johnson of Clay, Johnson of Johnson, Jordan of Wilkes, Kirby,

Ptacock, P'erkins, Phillips of Cobb,
Phinizy, Pol hill,
Poppell, Puckett,
Rankin, Redwine, Roney, Scrugj!s, Sheffield of Miller,

THURSDAY, SEPTE~fBER 25, 1879.

16l67

Cox of Troup, Cunningham, Daniel, Davis of Baker,
DeLoach, .Dickin, DuBose,
Farnell,
Fort,
Gammage,
Gr~nt,

Lamb, Livingston, McConnell, McCurry McRae, 1\fcWhorter Milner, Mynatt, Nisbet, Park,

Yeas 93. Nays 14. Not voting 67.

Sibley, Smith of Walton, Strickland of Bryan, Turner of Coweta
Vick, Wall, vVestbrook, Wilcox, Willingham, Wright.

So the bill was passed by the requisite constitutional majority.
Mr. Tarver offerred the following resolution, which was read and agreed to, to wit:
A resolution-
That the use of this Hall be anil is hereby tendered to any member who is a minister of the Gospel for the purpose of holding divine worship any evening ouring the session, when the same is not otherwise occupied.
Leaves of absence was granted to Mr. Russell and Mr. Janes, of Polk.
The House then adjourned till 3:30 o'clock P. IlL

3:30 O'CLOCK P. M.
The House reassembled, and was called to order by the Speaker.
The business in order was the reading of House bills a second time, favorably reported.
The following Senate bills were read the second time, to-wit:
A bill to amend the act incorporating the town of Marietta, in the county of Cobb.

1668

JOURNAL OF THE HOUSE.

Also, a bill to exempt cNtain members of the Constitutional Guards from Road duty in til~:~ county of Liberty.
Also, a bill to encourage immigration to the State of Georgia.
Also, a bill to repeal an act establishing a County Court in the counties of Dougherty and Lee, so far as the same relates to the county of Lee.
Also, a bill to prohibit the making or selling of any spirituous liquors within two miles of any church or place of public worship in Sheffield District, in Rockdale county..
Also, a bill to require the Judge of the Superior Court of any county where a convict camp is located to give in charge to the Grand Jury the laws in reference to the management of convicts, and to authorize the Grand Jury by a committee composed of members of their own b0dy, and others, to inspect said camps, and report thereon.
Also, a bill to provide for the compensation of the Ordinary of \Vashington county.
Also, a bill to provide for the sale of property of a perishable nature, or that is liable to deteriorate from keeping, or is attended with expense in keeping by order of the County Court.
Also, a bill to incorporate the Carnesville Railroad Company.
Also, a bill to appropriate money to pay the expenses ot the special committee appointed to investigate the office of the Comptroller-General.
Also, a bill to promote the sanitary condition of this State, by prescribing the terms upon which dams may be erected.
Also, a bill to regulate the practice in the Supreme Court of this State.

THURSDAY, SEPTEl\IBER 25, 1879.

1669

Also, a bill to amend section 279 of the Code, in relation to the appointment of County Judges.
Also, a bill to create a Board of Commissioners of turnpike roads in this Stat~>.
Also, a bill to make appropriations for the payment of the expenses of the special committee to investigate tigate the office of the Principal Keeper of the Penitentiary.
Also, a bill to authorize the Ordinary of Milton county to borrow money to pay for the building of a Court-House, and provide for the payment of the same.
Also, a bill to appropriate money to pay the expenses of tne special committee to investigate the office of the State Treasurer.
Also, a bill to appropriate money to pay the c::mtingent expenses of the present adjourned session of the General Assembly.
Also, a bill to provide for the completion of the geological, mineralogical and physical survey of the State, and to turn over the specimens, etc., to the State University.
Mr. Harris, chairman pro tem. of the Com~ittee on the Macon and Brunswick Railroad, submitted the following report :
Mr. Speaker:
The Committee on the Macon and Brunswick Railroad have considered the following bills, to wit :
A bill to be entitled an act explanatory of, and to declare the true meaning of the first and the tenth sections of an act to authorize the l~>ase or sale of the Macon and Brunswick Railroad, and to confer certain chartered powers and privileges upon the lessees of said road, to build extensions of the same from Macon to Atlanta, from Brunswick to Florida line, and from Hawkinsville or Eastman to Americus, and to appoint Commissioners to run the same, and prescribe their

1670

JouRNAL Ol!' THE HousE.

powers and duties, and for other purposes, approved September 3, 1879, which they recommend do pass.

r The committee have also considered the. following bill, which they recommend do pass, as amended, towit:
A bill to be entitled an act to constitute the lessees of the Macon and Brunswick Railroad, in the event said road is leased, agents of the State for certain purposes therein named, and for other purposes.
C. J. HARRra, Chairman protem.

Mr. Cox, of Troup, chairman of the Board of Man-
agers of the impeachment case against J. vV. Renfroe,
Treasurer, submitted the following replication and res-
olution, both of which were read and adopted by tlle
House.

In the House of Representatives of the State of Georgia, September 26, 1879 :
Replication, by the House of Representatives of t!:e
State of Georgia to the answer of John vV. Renfroe,
Treasure!' of said State, to the several articles of impeachment against him, by them exhibited in the name ~t themselves, and in the name and behalf of all the people of Georgia, and reserving to themselves all advantage of exception to the insufficiency of his said answer to ear.h and all of the several articles aforesaid, do deny each and every averment in said answer or answers, which denies or traverses the acts, intents or misdemeanors charged against said John W. Renfroe, Treasurer, in the said articles of impeachment or either of them ; and for replication to said answer, do say,
that said John vV. Renfroe, Treasurer of the State o
Georgia, is guilty of the high misdemeanors in office, mentioned in said articles, and that the House of Rep resentatives are ready to prove the same.

THURSDAY, SEl:'EMBER 25, 1879.

1671

Read and adopted in the House, September 25,

1879.

A. 0. BACON,

Speaker House of Representatives.

HENRY R. GogTcHrus,

Clerk House of Representatives.

In the House of Representatives of the State of Geor-

gia, September 26, 1879:

Resolved, That a message be sent to the Senate, by

t.he Clerk of the House, that the House of Represen-

tatives has adopted a replication to the answer of John

W. Renfroe, Treasurer of the State of Georgia, to the

articles of impeachment exhibited against him, and

that the same will be presented to the Senate by the

managers m the part of the House.

The following Senate bills were read the first time

and referred to appropriate committees, as hereinafter

specified, to-wit:

A bill to prevent fishing with seins or nets of any

description within one-half mile below or above any

dam erected across any navigable stream in this State,

and to make the same a penal offense.

,

Referred to the Committee on Agriculture.

Also, a bill to regulate the practice in the Superior,

City and other courts in this State in cases where the

cause of action is superior to the right of homestead

and exemption; to provide for the enforcement of exe-

cutions issued in such cases, and for other purposes.

Referred to the Committee on the J ndiciary.

Also, a bill to amend t=ection 1646 of the Code of

Georgia in reference to the fees of Solicitors-General.

Referred to the Committee on the Judiciary.

Also, a bill to provide for the more speedy hearing

of cases in which the State is a party plaintiff in this

State.

Referred to the Committee on the Judiciary.

1672

JOURNAL OF THE HOUSE.

Also, a bill to amend section 64 of the Code authorizing the Governor to buy property in certain cases by
striking out the words "except tax fl. fas."
Referred to the Committee on Finance.
Also, a bill to prevent and suppress the introduction, exhibition and circulation of obscene literature, etc.
Referred to the Committee on the Judiciary.
Also, a bill to declare and establish the flag of the State of Georgia.
Referred to the Committee on Military Affairs.
Also, a bill to require the Governor to appoint a competent physician as one of the Board of 'frustees of the Lunatic Asylum.
Referred to the Committee on the Lunatic Asylum. Also, a bill to require Receivers and Collectors of taxes in this State to return by name dealers in spirituous, vinous, or malt liqnors or bitters, and to give the ameunt of special tax paid by each, and the date of payment. R~:Jerred to the Committee on Finance. Also, a bill to change the time of holding the Supe rior Courts of' Douglas county. Referred to the Committee on the Judiciary. Also, a bill to amend section 661 of the Code of Georgia. Referred to the Committee on Internal Improvements. Also, a bill to fix the time for holding the Fall terms of the Superior C~mrts in the counties of Union and Towns. Referred to the Committee on the Judiciary. Also, a bill to define and regulate the jurisdiction of county and other inferior courts. Referred to the Committee on the Judiciary. The speaker announced the following special com.

FRIDAY, 8EPTEMBER 26, 1879.

1673

mittee to report on the rights of the Marietta and North Georgia Railroad :
Messrs. Hall, Phillips of Cobb, Hammond, Turner of Brooks, and Roney.
The following Senate bills were read the second time, to wit:
A bill to repeal section 3095 of the Code of 1873. Also, a bill to provide for allowing defendants in cases of levy of distress warrants to replevy property distrained informa pa1.tperis. Also, a bill to make certain enclosures therein defined a lawful fence, and to extend thE> same the-existing provisions of law on the subject of lawful fence. Also, bill for the prevention of cruelty to animals, and to repeal all existing laws on said subject, to-wit: The act for the prevention of cruelty to animals, approved March 1, 1H75, and an act to amend said act, approved March 23, 1876.

Leave of absence was granted to Messrs. Oliver, Hudson and F. J. Williams.
0
The House then adjourned till 9 A. :u. tomorrow.

ATLANTA, GEORGIA,
Fl'iday, September 26, 1879.
'fhe House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
'fhe roll was called and the following members answered to their names :
106

1674

JOURNAL OF THE HoUSE.

Those present were Messrs.-

Adams, Anderson of Morgan,
Awtry, Barksdale, Bell,
llennett, Berry, Bird
.Bleckley, Born, Branch, Brintle, Burch of Laurens, Burch of Towns,
Butler, Butt,
Cannon, Carr, 4
Chambers,
Chapman, Vlegg,
Colley, Collins
Cook, Cox of Harris,
Cox of Troup, Crawford, Cunningham, Daniel, Davis of Baker,
Davis of Houston, Davison,
Dickin, Dozier,
DuBose, Duggar,
Dupree, Duvall,
Elder,
Farnell, Fitzgerald.
Fletcher, Ford,
Fort, Fuller,
Gammage, Garrard, Grant,
Gray, Greene of Baldwin,

Greene of Madison, Hall,
Hammond, Hamilton. Hanks,
Harrell, Harns Harrison,
Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens,
Hudson. Hulsey,
Humber, Hutchins,
Irvine,
lvey, Janes,
Jordan of Crawford, Kimsey,
King, Kirby,
Lang, Livingston, Luffman. Mathews, Maund,
McAfee, McConnell,
McDonald, McGouirck,
McLucas, McWhorter,
Miller of Houston, }.!iller of Liberty,
Milner,
Mitchell, Mynatt,
Nisbet, Northern,
Oliver, Paine,
Park, Patterson, Paull,
Peacock, Perkins,

'l'bose absent were Messrs.-

Ande:cson of Newton, Johnson of .Johnson, Anderson of Pulaski, Jordan of Wilkes,

Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike. Pope, Prescott, Rankin, Redwine Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sikes, Simms, Smith of Butts, Smith of Oglethorpe, Strickland of Clinch, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks Turner of Coweta, Walters, 'Valton, Weehunt, Welch, vVestbrook, Wheeler, Williams of Columbia, Williams, C. W. Williams, F. J Willingham, Wilmot, Wilson, Wrig}lt, Yancey, Zellner.
Puckett, Sheffield of 1\:Ii ller,

FRIDAY, SEPTEl\IBER 26, H!79.

Hi75

:Barron, Brantley, Buchan, DeLoach, Glover, Harp, Johnson of Clay,
Present 149.
Absent25.

Kendrick. Lamb,
McCurry, McRae, Polhill, Poppell,

Sibley, Smith of Walton,
Stricklar.d of Bryan, Vick, Wall, Wilcox.

Mr. Sikes, from the Committee on Journals, re ported the Journal of yesterday examined and ap '}Jroved.
The Journal was then read and confirmed.

Mr. Mathews moved to reconsider so much of the Journal as relates to the action of the House upon a bill to amend the school law of August, 1872, with reference to the examination and licensing of teachers.
Mr. Riden moved to lay the motion to reconsider on the table, which motion prevailed.
On motion of .Mr. Harris, House bill No. 606 was taken from the table and placed in its order upon the calendar.
The following message was received from the Senate,
through vV. A. Harris, Secretary thereof:
Mr. Speaker:
The Senate has passed the following House bills, towit:
A bill to amend an act, approved February 24, 1874, entitled an act to amend section 4441 of the Code of 1873, in reference to illegal hunting.
Also, a bill to amend section 3408 of the Code. Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenue in the counties of Floyd, Effingham, Schley, Sumter and Greene, so far as it !'elates to the county of Sumter. The Senate has also passed the following House bills1

1676

JouRNAL OJ! THE HousE.

with certain amendments, in which they ask the concurrence of the House, to- wit :
A bill to carry into eftect paragraph 5, section 12, article 3 of the Constitution.
Also, a bill to amend section 4141 of the Code. Also, a bill to repeal an act to make minors parties to proceedings in the courts of this State.
Also, a bill to prohibit the retail of spirituous liquors, except for medical purposes, in the county of Morgan.
Also, a bill to incorporate the town of Mnysville, in the counties of Jack.soa and Banks.
The Senate has passed the following House bill, by substitute, in which they ,ask the concurrence of the House, to-wit:
'A bill to carry into effect pa1agraph 2, section 18, article 6 of the Constitution.
The following House bills were lost in the Senate: A bill to authorize any Coroner of this State to appoint a deputy. Also, a bill to declare more fully the intention of the General Assembly, expressed in paragraph 14, section 2 of the act to collect a tax for the support ot the State government, approved December 16, 1878.

Mr. Yancey, chairman pro tem; of the Committee on Education, submitted the following report:

Mr. Speaker:
The Committee on Education have had under consideration the the following bill, which they recommend do pass, by substitute, to-wit:
A bill to carry into effect section 4, article 8 of the Constitution.
Also, the following bill, which they recommend that the introducer be allowed to withdraw it, to-wit:
.~.\. bill to establish a system of public schools for the

FRIDAY, SEPrE~rBER 26, 1879.

1677

cities of this State, and to provide for the support and maintenance thereof.
B. 0. Y ANOEY, Chairman pro tem.
By unanimous consent, Mr. Harris introduced the following resolution. which was read and referred to the Committee on Wild Lands, to-wit:
A resolutionThat the Judges of the Superior Courts charge the Grand Juries specially with reference to the sales of wild lands under taxfl. {as. By a two-thirds vote, yeas 92, nays none, the following bill was introduced, read the first time, and reterred to the Committee on Finance~ to-wit:
By Mr. HutchinsA bill to amend an act to incorporate the Lawrenceville Branch Railroad Company, and for other purposes, etc., so as to authorize said company to issue bonds to aid in the construction of said road, and for purposes. By request of the committee, Mr. Hanks was added to the committee to investigate the office of the Attorney-General. The special order for the day, the bill to regulate and restrict the rate of interest in this State, and for other purposes, was taken up, and the report of the committee adverse to the passage of the bill disagreed to, and the bill read the second time. The following bill was read the third time ; the report of the committee agreed to, and the bill passed by the requisite constitutional majority; yeas 94, nays 5, to-wit: .A. bill to amend an act to prevent monopolies in the transportation of. freights, and to secure free competition in the same, approved 28th February, 1874, and to add an additional section to the same, and for other purposes.

1678

Jou:rtNAL OF THE HousE.

The following bill wn s read the third time, and passed by the requisite constitutional majority; yeas 89, nays 3, to-wit:

A bill to authorize and reqnirP the Governor to furnish to counties whose Court-Houses have bel'n burned certain copies of thP- Supreme Court Reports of this State, Code ot Georgia, and Standard Weights and Measures.

'l'he following bill was read the third time, and passed

by the requisite constitutional majority; yea c: 00, nays

9, to-wit:

A bill to amend section 655 of the CodP, by adding

a proviso allowing Commissioners of Public Roads to

resign after two years' c.msecutive service.

The following bill was, on motion, laid on the tablP,

to-wit:



A bill to carry into effect article 6, section 4, para-

graph 6 of the Constitution in n-lference to appeals from

one jury to another in the Superior and City Courts,

and prescribing the manner in which the same shall be

done.

Leave of ab.sence was granted to the committee t.o in-

vestigate the fees paid the Attorney-General.

The following bill, on its third reading, was indefin-

itely postponed, to-wit: A bill to prescribP- the duty of the Judges of the 8u-
perior Court in examining and approving bills for insolvent costs due to officers of court.
The following bill was laid on the table, to-wit ; A bill to repeal section 4otH of the Code, and an act assented to on the 26th of February, 1874, in reference to the manner of changing the venue in criminal cases. The following bill was, on motion, recommitted to the Committee on Agriculture, to-wit: A bill to authorize J. B. \Vatson, Sr.; to erect gates on the road from-Aderhold' s ferry to Campbellton road.

FRIDAY, SEPTEMBER 26, 1879.

1679

The following bill was, on motion, laid on the table, to-wit:
A bill to recluce the bond of thB Sheriff of vVayne county, and for other purposes.
Mr. Paine, from the committee to examine into the state of business, with a view to an early adjournment, submitted the following report of the joint committee:

To the Senate and Honse of Representatives:

We, the undersigned joint committee, appointed by resolution to look into business now before the General Assembly and ascertain and report some early day for the final adjt!>urnment, report that we have examined the business on the desks of the two houses, as well as such new m<Ltter as will necessarily have to be considered, and we see no reason why all necessary business may not be disposed of by the 10th day of October.
vVe, therefore, recommend that the General Assembly do adjourn sine die on the lOth proximo, at 12 o'clock l\L
We respectfully submit m this connection, that this report is based on the idea that both Houses will use the utmost dispatch in disposing of the business before them, for without this much important matter will be undisposed of even by the lOth October.
D. A. RussELL,
T. w. GRIMES,
On part of Senate. W. ,V. pAINE, I~AAC L. TooLE,
JOHN J. KIMSEY,
On part House Representatives.

The following bill was, on motion, laid on the table, to-wit:
A bill to carry into effect paragraph 1, section 2,

lfi80

J OURN.AL OF THE HOUSE.

article 4 of the Constitution with reference to the rt>gulation of freight and passenger tariffs.
'rhe Ssnate amendments to the following bill were concurred in, to-wit:
A bill to incorporate the town of 1\faysvillf', in the counties of Jackson and Banks, and for other purposes.
The following bill was read the third time, the evidence of the publication of the notice required by law, was exhibited, and the bill passed by the requisite constitutional majority; yeas 94, nays 1:one, towit:
A bill to repeal an act which prohibits the snle of spirituous liqiwrs in the towns of Carrollton, Bowden, Whitesburg and Villa Rica, in the county of Carroll.
1\fr. Hudson offered the following resolution, which was read and laid over under the rules, to- wit :
A resolution-
By the House, the Senate concurring, that this General Assembly do adjourn sine die on the lOth day of October next at 12 o'clock M.
On motion of Mr. Harris, the House refused to concur in the Senate amendments to the following bill, towit:
A bill to repeal an act to make minors parties to proceedings in the courts of this State, approved February 25, 1876.
The Senate amendment to the following bill was concurred in, to-wit:
A bill to alter and amend SP.ction 4141 of the Code of Georgia, which provides for the dating and serving of summonses in the Justices' Courts in this State.
The following bill was read the third time; the evidence of the publication of the notice required by law was exhibited, and the bill passed by the requisite constitutional majority; yeas 88, nays none, to-wit:

FRIDAY, SEPTEMBER 26, 1879.

1681

A bill to amend an act to incorporate the town of Marietta, in the county of Cobb, and for other purposes.
'l:'he following bill was read the third time, and the necessary constitutional majority not voting in the affirmative, was lost; yeas 77, nays 11, to-wit:
A hill to exempt the Constitutional Guards from road duty.
The following hills were laid on t:w table, to-wit : A bill to encourage immigration to Georgia, and for
other purposes. Also, a bill to prohibit the making or selling of any
spirituous liquors within two miles of any church or place of public worship in Sheffield District, in Rockdale county.
Also, a bill to repeal an act to establish a County Court for the counties of Dougherty and Lee, approved August 24, 1872, so far as the same relates to the county of Lee.
The following bill was read the third time ; the report of the com mittee was agreed to; the evidence of the publication of the notice required by law was exhibited, and the bill passed, as amended, by the requisite constitutional majority;. yeas 89, nays none, towit:
A bill to provide for the compensation of the Ordinary of "Vashington county for services rendered by him without compensation, which were formerly per-formed by the Commissioner of said county.
On motion, the following bill was laid on the table, to-wit:
A bill toreqnireJudges ofthe SuperiorConrtinany county where a convict camp is located to give in charge to the Grand Jury, in each county, all the laws respecting the inspection, management and control of the convicts of this State ; to authorize the Grand

1682

JOURNAL OF THE RoUSE.

Jury to appoint a comm1ssion, and to prescribe the duties of said Commission.
The following bill was read the third time; the report of the committee, was agreed to, and the bill passed, as amended, by the requisite constitutional majoriy; yeas 99, nays none, to-wit:
A bill to provide for the sale of property of a perishable nature, or that is liable to deteriorate in value from keeping. or that is attended with expense in
keeping when levied on by tax fl. fas., or fl. fas.
from County Courts.
The following bill was read the third time; the evidence of the publication of the notice required by law was exhibiten, and the report of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority; yeas 99, nays none, to-wit:
A bill to incorporR.te the Carnesville Rail~oad Company, said r-.~al to run from Carnesville to \Vest Bowersville, in Franklin county, Georgia.

Mr. Turner, of Brooks, chairman of the Committee on the .Judiciary, snbmitted the following report:
Mr. Speaker:
The Committee on the Judiciary have bad under consideration the following bills, which they recommend do pass, to-wit:
A bill to be entitled an act to prohibit the charging, demanding or receiving any fee or perquisite, other than his salary, by the Attorney-General, and to -prescribe a punishment for any violation of this law, carrying out paragraph 1, section 13, article 6, of the Constitution, and for other purposes.
Also, a bill to be entitled an act to amend an act entitled an act to amend an act entitled an act to establish a County Court. in Coweta county, approved March

FRIDAY, SEPTEJ\IBER 26, 1879.

1683

2, 1874, which amendatory act was approved Februa.ry
16, 1876.
'fhe committee find that t)je proper notices required by law have been given of intention to apply for the passage of the last bill. 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 change and fix the ttme of holding the Spring term of the Superior Court of the county of .Milton, and for other purposes.
Also, a bill to be entitled an act to authorize the Clerk of the Superior Court of Chatham county, and the Clerk of the City Court of Savannah to require a deposit for payment of costs, and for other purposes.
The committee find that the proper notices required by law have been given of intention to apply for the passage of the last biil.
The committee have also had under consideration the following bill, which they recommend do pass, by
substitute, to-wit: A bill to be entitled an act to amend section 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.
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 2965 of the Code of 1873, by adding an additional section thereto, and for other purposes.
Also, a bill to be entitled an act to change section 191 of the Code of 187:-3, relative to the pay of members of the General .Assembly.
Also a bill to be entitled an act to amend section 3845 of the Revised Code of 187R, in reference to the

1684

JouRNAL OF THE HousE.

payment of State's witnesses, so as to make the provisions of sad section apply to defendant's witnesses in certain cases.
Also, a bill to be entitled an act to amend an act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, so far as the same applies to the county of Elbert, and to prescribe therein for the appointment of a Solicitor for the County Court of Elbert county, and to define his duties, and for other purposes.
The committee find that the proper notices required by law have been given of intention to apply for the passagP. of the last bill.
Respectfully submitted. H. G. Tumnm. Chairman.

On motion of Mr. Carr, House bill No. 917, tabled this morning, was taken from the table, read the third time ; the evidence of the publication of the notice required by law was exhibited, and the bill passe1, by the requisite constitutional majority; yeas 95, nays none; the title which is as follows, to-wit:
A bill to prohibit the making or sell of any spirituous liquors within two miles of any church of place of public worship in Sheffield District, in Rockdale county, of this State.
The following bill was recommitted to the Committee on Finance, to-wit:
A bill to appropriate a sufficient sum of money to pay the expenses incurred by the special committee to investigate thP conduct of the office of QomptrollerGeneral.
The following bill was read the third time and lost, the necessary constitutional majority not having voted in the affirmative; yeas 70, nays 20, to-wit:
A bill to promote the sanitary condition of this

FRIDAY, SEPTEMBER 26, 1879.

1685

State by prescribing the conditions upon which dams may be erected across running streams, and to provide a penalty for a violation of tLe same.
'fhe following bill was read the third time ; the report of the committee was agreed to ; and bill passed as amended. by the requisite constitutional majority.; yeas 98, nays 1, to-wit:
A bill to regulate the practice in the Supreme Court of this State.
The following bill was read the third time; the report of the committee was amended and agreed to ; the evidence of the publication of the notice required by law was exhibited, and the bill passed, as amended, by the requisite constitutional majority; yeas 99, nays none, to-wit:
A bill to authorize the Ordinary of Milton county, Ga., to borrow money for the purpose of paying for the building of a Court -House in said county, and to provide for the payment of said borrowed money..
The Honse went into the Committee of the Whole House.
Mr. Colley, chairman of the Committee of the Whole Honse, submitted the following report:
Mr. Speaker : The CommitteE' of the Whole House have had under
consideration the following bill, to-wit: A bill to make appropriations for the payment of
the expenses of the special committee on the investigation of the office of the Principal Keeper of the Penitentiary.
They have instructed me to report the bill back with a recommen~ation that it do pass.
The report of the committee was agreed to, and on the passage of the bill, the yeas and nays were required to be recorded.
The roll was called and the vote was as follows :

1686

JouRNAL OF THE HousE.

Those voting in the affirmative are Messrs.--

Adams, Bell, Bennett, Berry, Bleckley, Born, Branch, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Chambers, Chapman, Colley, Collins, Cox of Harris, Dan it!, Davis of Baker, Davis of Houston, Davison, Dozier, Dupree, Duvall, Elder, Fitzgerald, Fuller, Grant, Gray; Greene of Ba.Jwin, Greene of Madison, Hall, Hammond, Hamilton, Hanks, Harrell,

Harris, Harrison, Henderon, Hill, Hogan, Hollis, Howell of Lowndes, Hulsey, Humber, Hutchins, Irvine, lvey, Jordan of Crawford, Kimsey, King, Kirby, Lang, Livingston, Luffman, Mathews. Maund, McConnell, McDonald, McLucas, McWhorter, Miller of Houston, Miller of Liberty, Nisbet, Oliver, Paine, Park, Patterson, Paull, Phillips of Cobb, Phiilips of Coffee, Pike,

Pope, Prescott, Rankin, Redwine, Reese, Roach, Roberts, Rogers, Roney, Shannon, Sharman, Sheffield of Early-, Sikes, Simms, Smith of Butts. Smith of Oglethorpe, Strickland of Clinch, Strother, Taliaferro, Tarver, Tate. Tatu.m,
Thomas, Toole, Turner of Brooks, Turner of Coweta, \Val ton, IV elch, \Vestbrook, Williams, C. W. Willingham, wilmot,
\Vii son, Yancey, Zellner.

Those voting in the negative are Messrs.-

Cunningham, DuBose, Duggar, Fletcher,

Ford, Howell of Pickens, McAfee, Phillips of Can oil,

Riden, \Veehunt, Wheeler.

Thot>"l not voting are Me3srs.-

Anderson of Morgan, Anderson of Newton, Anderson of Pulaski,
Awtry, Barksdale, Barron, Bird. Brantley,

Gammage, Garrard, Glover, Harp, Hudson, Janes, Johnson of Clay, Johnson of Johnson,

Perkins Phinizy;, Polhill, Poppell, Puckett, Russell, Scruggs, Sheffield of Miller,

FRIDAY, SEPTEMBER 26, 1879.

1687

Brintle, Buchan, Carr, Clegg, Cook, CGx of Troup, Crawford, DeLoach, Dickin, Farnell, Fort,

Jordan of Wilkes, Kendrick, Lamb, McCurry, McGouirck, McRae, Milner, Mitchel;,
Myna!~,
Northern, Peacock,

Sibley, Smith of Walton,
Strickland of Bryan Vick, Wall, Walters, Wilcox:, Williams of Columbia,
Williams. F. J.
Wright.

Yeas107. Naysll. Not voting 56.

So the requisite constitutional majority having voted in the affirmative, the bill passed.
The following bill was read the third time ; the report of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority ; yeas 101, nays none, to-wit:
A bill to amend section 279 of the Code of Georgia. The House went into the Committee of the Whole
House. Mr. Luffman, chairman of the Committee of the
Whole House, submitted the following report:

Mr. Speaker:

The Committee of the Whole House have bad under COJ?Sideration the following bill, to-wit:
A bill to appropriate a sum of money sufficient to pay the contingent expenses of the present adjourned session of the General Assembly.
They have instructed me to report that they have made someprogre.ss, and ask leave to sit again.

lVlr. Smith, of Oglethorpe, chairman of the Committee on Internal Improvements, submitted the following report:

hir. Speaker:

The Committee on Internal Improvements have con-

1688

J OURN.AL OF THE HoUSE.

sideration the following bill, which they recommend do not pass, to-wit:
A bill to be entitled an act to declare Tocc )a River a navigable stream for certain purposes.
JAMES M. Sl\IITH, Chairman.

The following leaves of absence were granted to Messrs. McAfee, DuBose, Davis of Baker, King and Riden on business, and to Messrs. Elder, Anderson and Bennett on account of sickness.
The House then adjourned till.3:30 o'clock P.M.

3:30 0' CLOCK P. l\1,
The House reassembled, and was called to order by the Speaker.
By a two-thirds vote, yeas 90, nays none, the following bill were introduced, read the first time, and referred to the Committee on Corporations;:
By Mr. ReeseA bill to amend the act incorporating the city of Rome, and the several acts amendatory thereof, so as to extend the provisions of the same over the city park, located north of said city, and to" alter the limits of the town of Forestville, so as to include a part thereof within the corporate limits of the city of Rome. By a two-thirds vote, yeas 92, nays none, the following bill was introduced, read the first time, and re.. ferred to the Committee on Corporations : By Mr. ReeseA bill to incorporate the Rome Street and City Park Railroad Company, and for other purposes. Mr. Adams, by consent, introduced the following resolution, which was read and agreed to, to-wit :

FRIDAY, SEPTEMBER 26, 1879.

1&89

A resolut.ion-
Tendering the thanks of this Honse to Capt. John R. F. Tatnall for copies of the Life and Services of Commodore Josiah Tatnall, presented by him.
The following l;>ill was read the second time, to-wit: A bill to amend section 1407 of the Code, so as to authorize physicians, in pra;}tice under legal diplomas, to open and keep drug or apothecary stores.
Mr. Paine, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
The Committae on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, President of the Senate, and delivered to the Governor th~ following acts, to-wit:
An act to provide for the appointment of a County Solicitor for the county of Pulaski.
Also, an act to repeal section 1 of an act entitled an act to amend the charter of the city of Milledgeville-, ap:iJroved February 16, lo76, to confer additional power on the Mayor and.Council of said city, and to change the time of holding elections for the Mayor, Alderman and Clerk of the same.
.Also, an act to entirely prohibit the sale of spirituous or intoxicating liquors within the limits of Irwin county.
Also, an act to repeal an act creating a Board of County Commissioners of Roads and Revenues for the county of Paulding, approved December 13, 1871.
.Also, an act to incorporate into the corporate limits of the city of Albany, Georgia, the grounds and premi ses of the Southwest Gecrgia Industrial Association for park and police purposes, and to authorize saiti. city to keep said grounds in repair.
Also, an act to carry into effect paragraph 18, section
107

1690

JouRNAL oF THE HousE.

1, article 5 of the Constitution of 1877 ; to provide for

the suspension of the Treasurer or Comptroller-General

of the State from the discharge of the duties of their

office in certain cases, and also for the appointment of

suitable persons to discharge the duties of the samfl.

Also, an act to establish the original rates of toll for

crossing the bridge across the Chattahoochee River at

the town of Fort Gaines.

Also, an act to repeal an act entitled an act to regu-

late the compensation of Tax-Collector and Tax-Re-

ceiver for 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 Feb-

ruary 27, 1877, and for other purposes.

Also, an act to prevent the giving, or promising to

give, by any person for himself or for another, or for

any bank or corporation, any fee, interest or reward to

the State Treasurer, or to any other officer of the State,

or to ~ny other person whatever, for the deposit or use

of money of the State, and to prescribe a penalty.

therefor. Also, an act to regulate the manner of letting out

contracts to build or repair public buildings, bridges,

causways, or other public works in this State, and for

other purposes.

.

Also, an act to incorporate the Savannah Trust and

Safe Deposit Company.

Also, an act to incorporate the Gate City Street Rail-

road Company, and for other purpol'les.

Also, an act to appropriate a sufficient amount of

money to pay the expenses incurred by the Special

Joint Wild Land Committee, appointed at the present

session. Also, an act to incorporate the Hutchison Island Ca-

nal Company, of Chatham county.

Also, an act to incorporate the Dublin Telegraph Company.

FRIDAY, SEPTEMBER 26, 1879.

1691

Also, an act to authorize a reduction of the capital stock of the Bank of Augusta, and to more clearly detine and specify the power and authority of said bank.
.Also, an act to repeal so much of an act as relates to the county of Lowndes, entitled an act to change and regulate the school system in the counties of Ware, Echols, Lowndes, Berrien, Charlton, Dodge and Clinch in certain particulars.
Also, an act to empower the County Commissioner of Coweta county to purchase the bridge at Moore's . Ferry, on the Chattahoochee River.
Also, an act to carry out the true intent and meaning of the third section of an act approved December 22, 1857, entitled an act to lay out and organize the county of vVilcox, and to declare the duties of the county authorities and citizens relative to locating the county site.
Also, an act to repeal the several acts establishing Commissioners of Roads and Revenues in the counties of Jones, Chattahoochee, Douglas, Bulloch, Heard and Lumpkin, respectively.
Also, an act to amend section 4637 of the Cod~ of Georgia in reference to the statements of prisoners in cases of felony, and the act of 1874 amen.iatory thereof entitled an act to amen"d section 4637 of the Code of Georgia, by striking out the words "for a felony" in the second line of said section of said last mentioned act, approved February 28, 1874.
Also, an act to incorporate the Thomasville Railroad Company, .and to grant certain privileges to the same~
Also, an act to change the times of holding the Superior Courts of Fayette county.
Also, an act to amend an act entitled an act to incorporate the town of Sccial Circle, in the county of Wal0 ton, and to appoint Commissioners for the same, and to point out the mode of electing Commissioners, and

1692

JoURNAL OF TRE HousE.

for other purposes, approved March 18, 1869, wherein

the taxing power conferred by said act incorporating

said town shall be enlarged, and further corporate

powers and privileges herein named may be exercised

by said town.

Also, an act to provide for the creation of Boards of

Commissioners of Roads and Revenue in the counties

of Cobb, Dooly, Henry and Telfair in tbis State, and

for other purposes.



W. W. PAINE, Chairman.

On motion of Mr. Hntchins leave was granted to withdraw the memorial submitted with the bill for the relief of C. A. Nutting and John T. Grant.
On motion of Mr. Butler, the following bill was recommitted to the Committee on Corporations, to-wit:
A bill to amend an act to authorize and require the registration of voters in Camden county, in this State, and for other purposes, approved February 26, 1877.
The following bills were read the second time, towit:
A bill to amend an act to amend an act to establish a County Court in Coweta county, approved March 2, 1874, which amendatory act was approved :b,ebruary
16, 1876. Also, a bill to change and fix the time of holding the
Spring term of the Superior Court in the county of Milton.
Also, a bill to authorize the Clerk of the Superior Court of Chatham county, and the Clerk of the City Ooutt of Savannah to require a deposit for payment of costs.
Also, a bill to carry into effect section 4, article 8 of the Constitution.
Also, a bill to constitute the lessees of the Macon and Brunswick Railroad agents of the State forcer-
tain .purposes.

FRIDAY, SEPTEMBER 26, 1879.

1693

Also, a bill to prohibit the chaqoging-, demanding or receiving any fee or perquisite other than his salary by t)le Attorney-General, and to prescribe a penalty.
Also, a bill to explain and declare thP. true intent and meaning of the first and thirteenth sections of an act to authorize the lease or sale of the Macon and Brunswick Railroad, and to confer certain chartered powers.
The following Senate bills- were read the second time, towit:
A bill to amend section 4161 of the Code of Georgia of 1873 in relation to the -practice in cases of garnishment in Justices' Courts, and for other purposes.
Also, a bill to amend section 2042 ana 2043 of the Code of 1873, in reference to laying off homesteads, etc.
Also, a bill to amend section 1920 of the Code of 1873.
Also, a bill to amend section 4159 of the Code of 1873.
Leave of absence was granted to Mr. Farnell. The House then adjourned till 9 A. M. to-morrow.

1694

JolittNAI.o Ol!' TllE HousE.

ATLANTA, GEORGIA,
Saturday, September 27, 1879.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Mr. Taliaferro.
The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams, Awtry, Barksdale, Bell, Berry, Bird, Bleckley,
Born, Branch, Brantley, Brintle, Burch of Laurens, .Burch of Towns, Butler, Butt, Cannon, Carr, Chambers
Chapman,
Colley, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, .uaniel, Davis of Baker, Davis of Houston, navison, Dickin, Dozier, DuBose,
Duggar, Dupree,; Duvall, Elder,

Hall, Hammond Hamilton, Hanks, Harrell, Harris, Harrison, Henderson, Hill,
Ho~an,
Hollis, Howell of Lownde~, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey, Janes, Kimsey,
Kin~,
Kirby, Lang, Livingston, Luffman, 1\lathe\VS, Maund, McAfee, )lcConnell, :'lie Donald, 1\IcGourick, 1\IcLnt!as, l\Ic \Vhorter, Miller of Houston, l\Iilner, Mitchell,

Phillips of Cobb, Phillips of Coffee,
Pike, Pope,
Prescott, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Shannon,
Sharman, Sheffield o. Early
Sikes, Simms, Smith of Butts, Smith of Oglethorpe,
Smith of Walton Stricklaud of Clinch, Strother, Taliaferro, Tarver,
Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta, \Valters, \Valton, \Veehunt, Welch, westbrook, Wheeler,

SATURDAY, SEPTEMBER 27, 1879.

1695

Farnell, Fitzgerald, Fletcher,
Ford, Fort, Fuller, Garrard, Grant, Gray, Greene of Baldwin, Greene of Madison,

Mynatt, Nisbet, Oliver, Paine. Park,
Patterson,
Paull, . Peacock, Perkins, Phillip~ of Carroll,

Wilcox, . c Williams of Columbia,
Williams, C. W., Williams, F. J. Willingham, Wilmot, ,Wilson Wright, Yancey, Zellner.

Those absent were Messrs.-

Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Rarron,
Bennett, Buchan, Clegg,
DeLoach, Gammage, Glover Harp,

Johnson of Clay, Johnson of Johnson, Jordan of Crawford, .Tordan of Wilkes,
Kendrick, Lamb, McCurry, :McRae, Miller of Liberty, Northern Phinizy,

Polhill, Poppell, Puckett, Russell, Scruggs, Sheffield of Miller, Sibley, Strickland of Bryan, Vick, Wall.

Present, 142. Absent, 32.

Mr. vVelch, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and confirmed.

Mr. Harris moved to reconsider so much of the Journal as relates to the action of the House upon a bill to exempt certain members of the Constitutional Guards of Liberty county from road duty.
'fhe motion prevailed. By consent, the following bill was introduced by a two-thirds vote, yeas 90, nays none, and read the first ~ime, and referred to the Committee on Finance, to-wit: By Mr. Greene, of BaldwinA bill to increase the salary of the Treasurer of !)aldwin county to $500 a year. Upon the request of the committee, Mr. Phillips, of

1696

JoURNAL OF THE HoUSE.

Cobb, was added to the committee to investigate fees paid to the Attorney-General.
Mr. Wright, chairman of the Committee on Railroads, subm:tted the following report:
Mr. Speaker:
The Committee on Railroads have had under consideration the following bill, which they recommend do pass, towit:
A bill to be entitled an act to compel the appearanct> of railroad companies, and other corporations, when indicted for a violation of any law of this State.
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 provide for a uniform assessment of railroad property in this State, and for the collection and return of taxes thereon.
Respected submitted. H. G. "\VRIGIIT, Chairman.

Mr. Paine, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
The Committee on Enrollment report as duly enrolled, and ready for the signature of the Speaker of the House of Representatives the followin~ acts, to-wit:
An act to incorporate the town of Bellton, in the counties of Hall and Banks, and for other purposes.
Also, an act to establish a system of public schools for the city of Cartersville, and for otlwr purposes.
Also, an act to repeal the several acts creating, organizing and establishin5 County Courts for the connties of Dooly, Campbell, ~'loyd, Rockdale and Clarke, and for the proper disposition of business in said court, and for other purposes.

SATURDAY, S:~wr.EMBER 27, 187:9.

1697

Also, an act to incorporate the Dahlonega Air-Line

Railroad Company, and for other purposes.

.Also, an act to authorize the County Commissioners

of Bibb county to purchase property put up for sale

for State and county taxes, and for other purposes.

.Also, an act to repeal an act, approved February 26,

1877, authorizing and requiring the County Commis-

sioners of Bibb county to pay all necessary and proper

expenses. incurred in said county in conducting elec:

tions.

Also, an act to incorporate the .Athens Transfer Rail-

road Company.

.Also, an act to amend section 281 of the Code of

Georgia.

Also, an act to amend an act, approved February 24,

1874, entitled an act to amend section 4451 of the Code

of Georgia, in reference to illegal hunting with dogs,

fire-arms or otherwise through enclosed lands.

~'ilso, an act to am~>nd an act to create a Board of

Commissioners of Roads and Revenue in the counties

of Floyd, Effingham, Schley, Sumter and Greene, so

far as the same relates to the county of Sumter.

Also, an act to amend section 3408 of the Code of

Georgia., with reference to the suits against insurance

companies having more than one place of business in

this StatP, and for other purposes.

Also, an act to incorporate the town of Maysville, in

the counties of Jackson and Banks, and to grant elec-

tion powers and privileges to the same, and for other

purposes.

.Also, a resolution in relation to the collection of the

specialliqnor tax in this State.

Also, an act to amend section 4141 of the Code of

1873.

,V. W. PAINE, Chairman.

The following message was received from his Excel-

1898

JOURNAL 0.1!' THE HOUSE.

lency the Governor, through Mr. Avery, his Secretary, to-wit:
Mr. Speaker :
His Excellency; the Governor, bas approved and signed the following acts, to-wit:
An act to authorize and require the ComptrollerGeneral to accept as a basis of taxation of the Upson County Railroad for the four years it is in default, the taxable value thereof as determined by arbitration fqr the year 1878, and to relieve said railroad from the penalties attached because of said default.
Also, an act to repeal the 43d section of an act entitled an act to amend the several acts incorporating the city of Gainesville; prescribe its 'Powers and jurisdiction, and for other purposP.s, a'J)proved February 24, 1877, and the acts amendatory thereof, so far as relates to the P.stablisbment of a Criminal Court in said city of Gainesville.
Also, an act to repeal an act entitled an act to prohibit the sale of spirituous liquors in the town of Sharpsburg, in tbfl county Coweta, approved February 24,1877.
Also, an act to make it the duty of freeholders or their agents to return the names of all tax-payers residing upon their premises on the first day of April of each. year.
Also, an act to authorize the erection of a CourtHouse for the county of Fulton, and the creation of a debt by an issue of bonds or otherwise, and a levy of an extra tax for said purposes, so far as may be necessary.
Also, an 1-ct to authorize the corporation of the city of Bainbridge to levy a tax for the purpose of establishing and maintaining public schools in and for the municipality ot Bainbridge, under and in conform.ity to section 4, article 8 of the Constitution of Georgia, and

SATuRDAY, SEPTEMBER 27, 1879.

1699

to authorize the County School Commissioners of said county to pay over to the Trustees of said city schools such part of the State school fund as may be their just pro rata share thereof.

Mr. Turner, of Brooks, chairman of the Committ~e on the Judiciary, submitted the following report:
Mr. Speaker:
The Committee on the Judiciary have had under con sidt!ration the following Senate bill, which they report back with the recommendation that the introducer be allowed to withdraw it, to-wit:
A bill to be entitled an act to amend the Constitution ot this State, by striking therefrom paragraph 15 oi section 7 of article 3.
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 protect the people ot this State against impositions in the use of weights and. measures, and to repPal sections 1588, 1589 and 1590 ot the Revised Code of Georgia of 1873.
Respectfully submitted. H. G. TURNER, Chairman.
The followin.!S message was received from the Senate through Mr. Harris, the Secretary thereof:
lv.fr. Speaker:
The Senate has passed the following bill, and asks the concurrence of the House therein, to-wit:
A bill to define the j urisdietion, powers and proceedings of every County Court, and of the Judge thereof.
The Senate has also passed the following House bills, to wit:
A bill to repeal an act approved February 19, 1876,

1700

JouRNAL oF THE HousE.

reducing the corporate limits of the town of Waycross. Also, a bill to repeal an act to prescribe the mode of
granting license to sell liquors in the county of Muscogee.
Also,, a bill to proviJe for the election of Judge of the County Court of Putnam.
Also, a bill to prohibit bunting on the lands of another in the counties of Jones, Montgomery and Tatnall.
Also, a bill to encourage the culture of fish in the natural and artificial ponds of David Dickson.
Also, a bill to amend an act to create a Board of Commis~:~ioners of Roads for Crawford county.
Also, a bill to prescribe the fees of Clerk of the Superior Court for all ser