JOUt1NAL ;} tllJ" nF nn: STATE OF (~EORGlA, ~lE~ i~RAL ASSl~Jll3L ,f, -r:::=)T ~ F ~...J.::'-1 .:::::::....,..,0,. -.. -,,D ...___. ~ \._ .._"' ATLANTA. C:-:<>1<101.\ .i.\S. 1'. l!AIUUI-- ''- ~rn~o: I'Ir. Fnrnrll, 1-'itz~.:rnld, :VIrtt>ht'T, :Vullt>r1 C:unmol);e1 (l:trr:ml, Grnnt, (1:lnv<'r1 Grrrnc nf Bnltt, :o\orthlrn, lllitr, t"ii:l'C, i',.rk, t 111tlt'r!>llll, Paull Peacock, \\' r ...... 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+:'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 hmitted 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 ~~., 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 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, 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\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.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, HenderSnate 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!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 Hrooince 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, McLuate 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, Hre 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:.. 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 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, :\fcLnler, \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, Johny, 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 of l\fadi~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. Barksring 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 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\:IcLus 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 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 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, 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. CoLstigate 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, Puckenate. 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~<,' 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, Blre, 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 1naasnrer 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, 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 follgal, 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 mgulation 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 services required of him in the appointment of Notaries Public. Also, a bill to amend section 1832 of the Code. Also, a bill to make it illegal after January 15, 1880, for the Judge of any City Court to hold any municipal office in the city where the court is held. Also, a bill requiring judgment creditors to have their judgments rendered in the county of defendant's residence. Also, a bill to alter and amend section 1730 of the Code. Also, a bill for the relief of James L. Fleming, of the county of Richmond. The Senate has also passed the following House bills, with ct>rtain amendments, in which they ask the concurrence of the House : .A. bill to declare and amend the laws of this State touching the jurisdiction and modes of procedure in the Superior Courts in certain cases in counties having more than 10,000 inhabitants. Also, abm to define who are agents of insurance comp~nies in this State. SATURDAY, SEPTEMBER 27, 1879. 1701 Also, a bill to fix the amount of license to sell liquors in the counties of Wayne, Liberty, Coffee and Appling. Also, a bill to prescribe the method ofgranting license to sell liquor in the town of Eastman, in the county of Dodge. Also, a bill to amend an act to prohibit the killing of partridges, turkeys and deer in the counties of Lowndes, Thomas and Putnam. Also, a bill to regulate the practice in the courts of this State as to requests to charge the jury. The following House bills were lost in the Senate: .A bill to require the Judge of the Superior Court of Macon county to transfer misdemeanor cases to the County Court of said county. Also, a bill to authorize Clerks of Tax-Receivers to administer oaths. I am instructed by the Senate to return to the House the b1ll to prohibit the sale ofliquors in certain counties of this State, which bill was returned to the Senate at the Senate's request. Mr. MeWhorter, chairman of the Committee on Wild Ll:Lnds, submitted the following report: Mr. Speaker: - The Committee on wnd Lands have had under consideration the following resolution, which they recommend do pass, as amended. Resolution 222, requiring the Judges of the Superior Court of this State to give in special charge to the Grand Juries the law punishing traud in connection with wila lands. R. L. MeWHORTER, Chairman. On motion of Mr. Duggar, the rules were suspended and the following bill taken up and read the second time, t~-wit: ' 1702 JouRNAL oF THE HousE. A bill to declare the Toccoa River a navigable stream for certain purposes. The report of the committee adverse to the passa.ge of the bill was disagreed to. The special order for the day, the bill to encourage immigration to Georgia, was taken up. Mr. Miller of Houston, offered a substitute. 'rhe bill was, on motion, laid on the table. The next business in order was the unfinished busi ness of yesterday. The House went into Committee of the Whole Honse. Mr. Luffman, chairman of the Committee of the ~Whole House, submitted the following report: ..1. 1r. Speaker: The Committee of the 'Vhole House have had under consideration 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 the bill 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, and on calling the roll the vote was as follows: Those voting in the affirmative are Messrs.- Adams, Awtry, Barksdale, Bell, Berry, Bird, Bleckley, Branch, Brintle, Burch of Laurens,. Burch of Towns, Butler, Butt, Fuller, Garrard, Grant, Gray, Green of Baldwm, Hall, Hammond, Hamilton, Hanks, Harrell, Harris, Harrison, Henderson, Paull, Peckins, Phillips of Cobb, Phillips of Coffee, Pike, Prescott, I<.ankin, Reese, Roberts, Rogers, I<.oney, Sharman, Sheffield of Early, SATURDAY, 15EPTEMBER 27, 1879. Cannon, Carr, Chapman, Colley, Collins, Cook, Cox of Harris, Cox of Troup, Cunningham, Daniel, Davison, Dickin, Dozier, Duggar, Dupree, Duvall, Farnell, Fitzgerald, Fletcher, Ford, Fort, Howell of Lowndes, Howell of Pickens, Hulsey, Humber, Hutchins, Irvine, lvey, Kirby, Luffman, Mathews, 1\iaund, McConnell, McDonald, McLucas, McWhorter, Miller of Houston, Mynatt, Nisbet, Oliver, Paine, Patterson, Sikes, Simms, Smith of Butts, Strickland of Clinch, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta, walters, \Valton, \Veehunt, vVImof, Wilson, Wright, Yancey, Zellner. 1'hose voting in the negative are Messrs.- Hogan, Lang, McAfee, lV!cGourick, Phillips of Carroll, welch. Those not voting are Messrs.- Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Barron, Bennett, Born, Brantley, Buchan, Chambers, Clegg, Crawford, Davis of Baker, Davis of Houston, DeLoach, DuBose, Elder, Gammage, Glover, Greene of Madison, Harp, Hill, Hollis, Yeas 102. Nays 6. Not voting 66. Hu(lson, Ja!les, Johnson of Clay, Johnsun of Johnson, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Lamb, Livingston, McCurry, McRae, Miller of Liberty, Milner, Mitchell, Northern, Park, Peacock, Phinizy, Polhill, Pope, Poppell, Puckett, Redwine, Riden, Roach, Russell, Scruggs, Shannon, Sheffield of Miller, Sibley, l::lmith of Oglethorpe, Smith of Walton, Strickland of Bryan, Vick, Wall, Westbrook, Wheeler, Wilcox, Williams of Columb'a, Williams, C. W. Williams, F. J. Willingham. 1704 JOURNAL OF THE HOUSE. So the bill was passed by the requisite constitutional majority. On motion of :Mr. Mynatt, the following resolution was taken up and read the third time, to-wit: A resolution- To appropriate money to pay H_ J. G. williams for transcrbiing certain numerical land books in the Executive Department. The House went into Committee of the \Vhole House. Mr. \Vestbrook, 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 resolution to appropriate money to pay H. J. G. \Villiams for transcribing certain books in the Executive Department, which they have instructed me to report back with the recommendation that it d , pass, by substitute. The report of the committee was adopted, and on the passage of the resolution the yea~ 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, Awtry, Bell, Bleclcley, Branch, Burch of Laurens, Butt, Cannon, Chambers, Chapman, Collins, Cook, Cox of Harris Cunningham, ,Daniel, Davison, Dozier, Harrell, Harris, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Humber, Irvine, lvey, Kimsey, Kirby, Lang, Livingston, Lutli:nan, Phillips of Cotlee, Pike, Pope, Prescott, Rankin, Redwine, Roach, Rogers, Roney, Sharman, Sheffield of Miller, Sikes, Simms, Smith of Butt., Smith oi Oglethorpe Strickland of Clinch, Strother, SATuRDAY, SEPTElrBER 27, 1879. 1705 Duggar, Dupree, Dutall, Fletcher, Ford, Fuller, Grant, Greene of Baldwin, Greene of 1\iadison, Hall, Hammond, Hamilton, Hank~, Mathews, Maund, McDonald, McLucas, Me \Vhorter l\Itller of Houston, Mynatt, Olive1, Paine, Patterson, Paull, Perkins, Phillips of Cobb, TarYer, Tate, Tatum, Thomas, Toole, Turner of Brooh, walt.on, Welch, Willingham, \Vii mot, Wilson, Yancey, Zellner. Those voting in the negative are .Messrs.- Brintle, Fitzgerald, McAfee. McConnell, McGouirck, Phillips of Carroll, Sheffield of Early, Those not voting are Messrs.- Taliaferro, Weehunt, Wheeler. Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Barksdale, Barron, Bennett, Berry, Bird, Born, Brantley, Buchan, Burch of Towns, Butler, Carr, Clegg, Colley, Cox of Troup, Crawford, Davis of Baker, Davis of Houston, DeLoach, Dickin, DuBose, Elder, Farnell, Yeas 90. Nays 10. Not voting 74. Fort, Gammage, Garrard, Gray, Glover, Harp, Hudson, Hulsey, Hutchins, Janes, Johnson of Clay, Johnson of JohnHon, Jordan of Crawford, Jordan of Wilkes, Kendrick, King, Lamb, McCurry McRae, l\filler of Liberty, Milner, l\fitchell, Nisbet, Northern, Park, Peacock, Phinizy, Pol hill, Poppell, Puckett, Reese, Riden, Roberti!, Russell, Scrugg~, Shannon, Sibley, Smith of Walton, Strickland of Bryan, Turne1 of Coweta Vick, Wall, \Valter~, vVestbrook, vVilcox, Williams of Columbta, Williams, l. W. Williams, F. J. Wright. So the resolution was passed by the requisite constitutional majority. lOS 1706 JoURNAL O.F THE .fiOUBE. Mr. Thomas offered the following resolution, which was read and referred to the Committee on Finance, to- wit: A re' solution- To relieve Job A. Gresham, of Burke county, from the penalty _on a fl. fa. issued by Comptroller-General for unpaid taxes. On motion of Mr. Yancey, the following bill was withdrawn, to-wit: A bill to amend the charter of the State University, so as to make the Lucy Cobb Institute a part thereof. The Senate amendments to the following bills were concurred in, to-wit: A bill to fix the amount of license for selling or vend- ing spirituous liqnors in the counties of Wayne, Liberty, Coffee and Appling, and to prescribe a punishment. Also, a bill to prescribe the method of granting license to sell spirituous liquors in the town of Eastman and the county of Dodge. Also, a bill to amend an act for the protection of game in the co,mty of Thomas. Also, a bill to regulate the practice in the Courts of this State as to req Ut>sts to charge the jury. Also, a bill to declare and amend the laws of this State touching the jurisdiction and modes of procedure in the Superior Courts, so far as relates to counties having a city of ten thousand or more inhabitants. Also, a bill to define who are agents of insurance companies not of this State. The following bill was, on motion, laid on the table, to-wit: A bill to amend section 1407 of the Code. The following bill was taken up, to-wit: A bill to regulate and restrict the rate of interest in this State. SATURDAY? ~EPTEMBER 27, 18-9. l7C7 Mr. Fitzgerald moved to indefinitely postpone the bill. Lost. Mr. Phillips, of Cobb, moved to make the bill the special order for Monday next, immediately after the reading of the Journal, which motion prevailed. Mr. Hutchins, chairman of the Committee on Finance, submitted the follGwing report : Mr. Speaker: The Committee on Finance have had under consideration the following biU, which tht>y recommend do pass, to-wit: A bill to be entitled an act to amend an act to incorporatPthe Lawrenceville Branch Railroad Company, and for other purposes, etc., so as to authorize said company to issue their bonds to aid in the construction pf said road, and for other purposes. Also, the following bill, which they recommend do not pass, to- wit : A bill to be entitl:>d an act to amend section 99 of the Revised Code of 1873, which prescl"ibes the bond of the Com r t r o l l e r - G e n e r a l . Also, the following bill, which they recommend the introducer be allowed to withdraw, to-wit: A bill to be entitled an act to provide for the payment of fourteen tOllpons of $35 each, and thirteen coupons of $17.5(} each, due January 1, 1873, for interest on bonds of the Macon and Brunswick Railraad Company, indorsed by the State, the ~ame being held by James Hunter; also ten coupons of $35 each, due January 1, 1873, held by Geo. J. Mill::;; also two coupons of $35 each, one due January 1, 187;:$, and one due July 1, 1872, held by Augustus Borie. Also, the following bill, which they recommend do. pass, as amendend, to- wit : 1708 JouRNAL OJ!' THE HousE. A. bill to be entitled an act to appropriate a sufficient sum of money to pay the expenses incurred by the spe cial committee of the House, appointed at the present session of the General Assembly, to investigate the conduct of the office of Comptroller General, and for other purposes. Respectfully submitted. N. L. HuTCHINS, Chairman. By consent, the following bill was introduced, read the first time and referred to the Committee on Finance, to-wit: By Mr. DuvallA. bill to appropriate money to fit up the new apartments selected by the State Library. The following bill was, on motion, la.id on the table, to-wit: A. bill to amend the act establishing a County Court in Coweta county, and the act amendatory thereof. , The following bill was read the third time ; the re.. port of the committee agreed to, to-wit: A. bill to change the time of holding Superior Court in Milton county. Mr. Miller, 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.- Adam81 Awtry, Bell, Berry, Bird, Branch, Brintle, Burch of Laurens, Burch of Town~, Butler, Butt, Cannon, Chapman, Collins, Hanks, Harrell, Harris, Harrison, Henderson, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Irvine, Ivey, Kimsey, Kirby, Lang, Prescott, Rankin, Redwine, Reese, Roach, Rogers, Sharman, Sheffied of Early, Sikes, Simms, Smith of Hutt~, Strickland of Clinc'1, Strother, Tarver, SATURDAY, SEPTEMBER 27, 1879. 1709 Cox of Harris. Cunningham, Daniel, Davison, Dozier, Duggar, Dupree, Duvall. r, Farnell, Fitzgerald. Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray, Glover, Greene of Baldwin, Hogan, Hollis. Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey, Janes. Kimsey, King, Kirby, Lang, Livingston, Luffman, 1\Iathews, Maund, llcAfee, 1\IcConnell, llcDonald, ::\IcGouirck, McLucas, )lc Whorter, l\Iiller of Houston, l\Iiller of Liberty, )Ii!ner, :Mitchell, l\Iynatt, NiAbet, Northern, Oliver, Paine, Park, PatterAon, Paull, Peacock, Perkins, Those absent were Messrs.- Anderson of Newton, Anderson of Pulaski, Barron, Buchan, Butler, DuBose, Elder, Harp, Johnson of Clay, Present 148. Absent26. Johnson of .Tohmon, Jordan of Crawford, Jordan of Wilkes, Kendrick, Lamb, ' McCurry, McRae, Poppell, Russell, Redwine Reese, Riden, Roach, Roberts, Rogers, Roney, Scruggs, Sharman, Sheffield of Early, Sikes, Simms, Smith of Butts, Smith of Oglethorpe, Stricklar.d of Bryan, Strickland of Clinch, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brook.~ Turner of Coweta, Walters, Walton, vVeehunt, Welch, Westbrook, "'rheeler, Wilcox Williams, C. W. Willingham, vYilmot, Wilson, Wrig~1t, Yancey, Zellner. Shannon, Sheffield of Miller Sibley, Smith of Walton, Vwicakn,, Williams of Columbia, Williams, F. J. 1714 JOURNAL OF THE RoUSE. 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. Mathews, Honse bill No. 47, to amend section 1407 of the Code of 1873, was taken from the table and placed in its order on the calendar. The special order, the bill to regulate and restrict the rate of interest, was thP.n taken up. Mr. Phillips of Cobb, called for the yeas and nays on the passage of the bill, the bill having been rE>ad the third time. 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, Bleckley, Branch, Brintle, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Chapman, .vaniel, navison, DeLoach, Duggar, Dupree, Fletcher, Ford, Fort, Fuller, Gammage, Grant, Gray, Glover Greene of Baldwin, Greene of Madison, Hall, Hamilton, . Hanks, Henderson, Hollis, Howell of LowndeP, Howell of Pickens, Irvine, King, Kirby, Lang, LivingstQn, Luffman, McConnell, McLucas, McWhorter, Mitchell, Patterson, Perkins, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Prescott, Puckett, Rankin, Redwine, Roach, Roberts, Rogers, Sikes, Simms, Smith of Oglethorpe, Strickland of Bryan, Strother, Taliaferro, Tate, Tatum, Thomas, Weehunt, Welch, Westbrook, Wheeler, 'Wilcox, 'Villiams of Columbia, Willingham, Yancey, Zellner. Those voting in the negative are Messrs.- Anderson of Morgan, Hulsey, Chambers Humber, Collins, Ivey, Polhill, Pope, Roney, MoNDAY, SEPTEMBER 29, 1879. 1715 Cox of Harris, Dozier, Duvall, Hammond Harrell, Harris, Harrison, Hill, Hogan, :1\fathews, J'viaund, McDonald, l\IcGourick, Miller of Houston, Mynatt, Northern. Pau 11, Phillip~ of Carroll, Sharman, Sheffield o. Early Smith of Butt~, Strickland of Clinch, Tarver, Turner of Brooks, Williams, C. W., Wilson Wright, Those not voting are Messrs.- Adams, Anderson of Newton, Anderson of Pulaski, Barksdale, Barron,~ Bennett, Born, Brantley, Buchan, Carr, Cleg-g, Colley, Cook, Cox of Troup, Crawford, Cnnningham, Davis of Baker, Davis of Houston, Dick in, DuBose, Elder, Yeas, 78. Nays, 36. Not voting 62. Farnell, Fitzgerald, Garrard, Harp, HudRon, Hutchins, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Jordan of WilkeR, Kendrick, Kimsey, Lamb, McAfee, McCurry, }feRae, Miller of Liberty, Milner, Xis bet, Oliver, Paine, Park, Peacock, Poppell, Reese, Riden, Russell, Scruggs, Shannon, Sheffield of Miller, Sibley, Smith of Walton: Toole, Turner of Coweta, Vick, Wall, Walters, 'Valton, Williams, F. J. Wilmot. On this bill Mr. Fitzgerald was paired with Mr. Oliver, who, if present, would vote yea and Mr. Fitzgerald nay. So the requisite constitutional majority not having votPd in the affirmative, the bill was lost. The following bills were taken up and the Senate amendments concurred in, to-wit; A bill to prohibit the retail of spirituous liquors, except for medical or menhanical purposes, in the county of Morgan. Also, a bill to carry into effect paragraph 5, section 12, article X of the Constitution. 1716 JOURN.A.L OF THE HoUSE. By a two-thirds vote, yeas 88, nays none, the following bill was introduced, read the first time, and referred to the Committee on Finance, to-wit: By Mr. Brantley- A bill to create a Board of Commissioners of Washington county, and for other purposes. The House went into the Committee of the Whole House. Mr. Duvall, chairman of the Committee of the Whole House, submitted the following report: Mr. Speaker : The Committee of the Whole House have had under consideration a bill to make appropriations to pay the expenses of the special committee appointed to investigate the office of the Comptroller-General. They have instructed me to report the bill back with the recommendation that it do pass, as amended. The report of the committee was a,greed to, and on the passage of the bill 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, Anderson of Morgan, Awtry, Blcckley, Born, Branch, Brintle, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Chambers, Chapman, Colley, Cox of Harris, Cunningham, Daniel, Davison, Hamilton, Hanks, Harris, Harrison, Henderson, Hogan, Howell of Lowndes, Howell of Pickens, Hulsey, Irvine, lvey, King, Kirby, Livingston, Luffman, M:aund, McDonald, 1\fcGourick, McLucas, Pope, Prescott, Puckett, Rankin, Redwine, Roach, Roberts, Rogers, H.oney, Sharman, Sikes, Simms, Smith of Butt<;, Strickland of Bryan, Strickland of Clinch, Strother, Taliaferro, Tarver, Tate, MoNDAY, S1!:Pl'EMBER 29, 1879. 1717 Dickin, Dozier, Dupree, Duvall, Fitzgerald, Fletcher, Ford, Grant, Gray, Glover, Green of BaJd,vm, Greene of Madison, Hall, Hammond, McWhorter, Miller of Houston, Mynatt, Nisbet, Nor!hem, Paine, Patterson, Paull, Perkins, Phi.Jlips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Tatum, Thomas, Toole, Walton, Weehunt, Welch. \V estbrook, Wilcox, Williams of Columba, Willingham, \Vilmot, Wilson, Wright, Zellner. Those voting in the negative are Messrs.- Bird, Duggar, Lang, Sheffield of Early, Wheeler. Those not voting are Messrs.- Anderson of Newton, Anderson of Pulaski, Barksdale, Barron, Bell, Bennett, Berry, Brantley, .Buchan, Carr, Clegg, Colhns, Cook, Cox of Troup, Crawford, Davis of Baker, Davis of Houston, DeLoach, DuBose, Elder, Farnell, Fort, Fuller, Gammage, Garrard, H'lrrell, Harp, Hill, Hollis, Hudson, Humber, Hutchins, Janes, Johnson of Clay, Johnsun of !ohnson, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, Lamb, Mathews, McAfee, McConnell, McCurry, McRae, Miller of Liberty, Milner, Mitchell, Oliver, . Park, Peacock, Phillips of Carroll, Poppell, Reese, Riden, Russell, Scruggs, Shannon, Sheffield of Miller, Sibley, 8mith of Oglethorpe Smith of Walton, Turner of Brooks, Turner of Coweta, Vick, Wall, Walters, Williams, C. W. Williams, 1.<'. J. Yancey, Yeas 99. Nays 5. Not voting 70. So the bill was passed by the nece3sary constitutional majority, as amended. 1718 JOURNAL OF THE HousE. The following message was received from his Exnellency, the Governor, through Mr. Avery, his S;:)cretary, to-wit: Mr. Speaker: His Excellency, the Governor, has approved and signed the following acts, to-wit: 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 Wilcox, and to declare the duties of the county authorities and the rights of the citizens of said county relative to locating the ~.:om1ty site ot wilcox county, and for other purposes. 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, approved February 15, 1877. 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 amenjatory 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 Hutchison Island Canal Company, of Chatham county. Also, an act to carry into effect paragraph 18, section 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 offices in certain cases, and also for the appointment of suitable persons to discharge the duties of the same. Mr. Paine, Chairman of the Committee on Enrollment, submitted the following report: MoNDAY, SEPTEJ\BER 29, 1879. 1719 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 th~ following 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 othE:>r purposes. Also, an act to repeal the several acts creating, organizing and establisbin6 County Courts for the counties of Dooly, Campbell, Ployd, Rockdale and Clarke, and for the proper disposition of business in said court, and for other purposes. Also, an act to amend an act, approved February 24, 1874, entitled an act to amend section 4441 of the Code of Georgia, in reference to illegal hunting with dogs, fire-arms or otherwise through enclosed lands. Also, an act to amPnd 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 venue of 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 election powers and privileges to the same, and for other purposes. 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, 1720 JOURNAL OF THE HoUSE. 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, a resolution in relation to the collection of the special liquor tax in thl.s State. Also, an act to amend section 4141 of the Code of 1873. vV. \V. pAINE, Chairman. Mr. King offered for Mr. Smith of Oglethorpe, the following resolution, to-wit: A resolution- To authorize the special committee appointed to investigate the office of the Commissioner ot Agriculture to print one thousand copies of the evidence taken by said committee. Mr. Awtry moved to strike, out "one thousand" and insert "three hundred." Mr. Harrison moved to strike out "one thousand" and insert "five hundred." Mr. Hanks moved to lay the resolution on the table. The motion was lost. The amendment of Mr. Harrison was not adopted. The amendment ot Mr. Awtry was not adopted. The original resolution was agreed to. Mr. Mynatt, chairman of the Committee on Corporations, submitted the following report : Hr. Speaker: The Committee on Corporations have had under consideration the following bill, which they herewith re. MoNDAY, S:KPrEMBER 29, 1879. 1721 port to the House with th~ recommendation that it do pass, as amendt>d, to-wit: .A. b1ll 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 H, 1874. P. L. MYNATT, Chairman. 'l'he following message was received from his Excellency the Governor, through Mr. .A.very, his Secretary, to-wit: Mr. Speaker : His Excellency, the Governor, has approved and signed the following acts, to-wit: .A.n act 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 . .A.lso, an act to incorporate the Dublin Telegraph Company. .A.lso, an act to regulate the manner of letting out contracts to build or repair public buildings, bridges, causways, or other public works in the several counties in this State, and for other purposes. 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 ; to prescribe their powers and duties, and to fix their compensation and the pay of officers employed by them. Mr. Miller of Houston, by consent, introduced the. following resolution, which was read and referred to the Committee on Finance, to-wit: A resolution- Requesting the Governor to investigate the facts rela tive to certain coupons of the valid Macon and Brunswick Railroad bonds. 109 1'722 JouRNAL oF TH.I!l HousE. By consent, Mr. :MeWhorter introduced the following resolution, which was read and referred to the Committee on Finance, to-wit: A resolution- That the Governor instruct the Comptroller-General to suspend all issuing offl. jas. against wild lands and all sales of wild lands under tax fl. jas. By a two-thirds vote, yeas 88, nays none, the following bill was introduced, read the first time, and re ferred to the Committee on the Judicary, to-wit: By Mr. CarrA bill to create a Board of Commissioners for the county of Rockdale; to provide for their appointment, and to prescribe and define their powers and duti~s, and for other -purposes therein named. 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, as amended, by the requisite constitutional majority ; yeas 101, nays none, towit: A bill to amend 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. 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 tllfl signature of the Speaker o f the House of Representatives, the following acts, to wit: An act to regulate the practice in the courts of this State as to requests to charge the jury. Also, an act to amend an act creating a Board of MoNDAY, SEPT.EM.BER 29, 1879. 1i23 Commisoioners of Roads and :kevenue for Crawford county, approved March 2, 1874. .Also, an act to fix the amount of license for selling or vending spirituous liquors in the counties of Wayne, Liberty, Coffee and Appling, in this State. . .Also, an act to amend section 1832 of the Code of 187~ . .Also, an act to l'epE>al an act to prescribe the monce, and in lieu thereof to require a proper docketing of the fl. fas. in such cases, app1oved February 28, 1874. Also, an act to proviJe for the election of Judge of the County Court of Putnam county, and for other purposes. .AlsD, an act to repea.l an act, approved February 19, 1876, reducing; the corporate limits of the town of Waycross in the county of Ware. Also, an act to make it illegal after Jan ua1y 15, 1880, for the Judge of any City Court in this State to hold any municipal office or appointment in the city where such court is held. Also, an act to prescribe the fees of Clerk of the Superior Court for all services required of him in the 1724 JOURNAL OF THE HoUSE. appointment of CommQ}rcal Notaries Public, and for other purposes. Also, an act to define who are agents of insurance companies not incorporated by or under the laws of this State, and for other purposes. Also, an act to declai.e and amend the laws of this State touching the jurisdiction of modes of procedure in the Superior Courts in certain cases, so far as relates to counties having therein a city of 10,000 or more in- habitants. Also, an act to amend an act entitled an act to prohibit the killing of partridges, wild turkeys or deer at certain seasons in the counties of Lowndes, Thomas and Putnam, in this State, approved February 28, 1876, so far as relates to the county of Thomas, and for other purposes. Also, an. act to prescribe the method of granting license to sell spirituous liquors in the town of East- man, in the county of Dodge, in this State, and for other purposes. Also, an act ~or the relief of James L. Fleming, to wit: the withdrawal of his residence and lands from within the corporate limits of Summerville of Richmond county, G~orgia; :Also, an act to prohibit hunting on the lands or another in the counties of Jones, Montgomery and Tatnall ; to prohibit fishing in the waters on the lands of another in the county of Tatnall, and to provide a punishment therefor. , W. W. PAINE; Chairman. The following bill was read the third time; the evidence of the publication of the notice required by law was exhibited, and the bill was lost, the necessary constitutional majodty not having voted in the affirmative, yeas 78, nays 18, to-wit: MONDAY, SEPTEMBER 29, 1879. 1725 A bill to declare the Toccoa River a navigable stream for certain purposes. Mr. Duggar gave notice of a motion to reconsider the action of the House just had. On motion of Mr. Awtry: the" following bill'was recommitted to the Committee on the Judiciary, to-wit: A bill to carry into effect section 4, article 8 of the Constitution. Mr. Miller, of Houston, offered the following resolution, which was read and agreed to, to-wit: A resolution- That the standing order providing for afternoon ses sions be so modified as to permit the transaction of the regular business of the House without limitation. or restriction as to the class of matter taken up. The following bill was read the third time, and passed by the requisite constitutional maJority ; yeas 88, nays 1, 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, car rying out paragraph 1,- section 13, article 6, of the Constitution. The following bill was, on motion, made the special order for Thursday next, immediately after the reading of the Journal, to-wit: A bill to provide for the completion of the geological, mineralogical and physical survey of the State. On motion of Mr. Miller, of Houston, the fo1lowing bill was made the special order for Tuesday next at 3:HO o'clock P. 1\I., to-wit: A bill to amend an act to regulate the leasing out of Penitentiary convicts by the Governor, approved Feb. ruary 26, 1876. 1726 JouRNAL oF THE RousE. Leave of absence was granted to Mr. Garrard until Wednesday, and to Mr. Kimsey on account of sickness. The House then adjourned till3:30 o'clock P.M. 3:30 O'CLOCK P.M. The House reassembled, and was called to order by the Speaker. On motion of Mr. Colley, the rules were suspended to read certain Honse bills the second time, and certain Stmate bills the first. time. The following House bills were read the second time, to-wit: A bill to compel the appearance of railroad com panies, and other corporations, when indicted for a violation of any law of this State. Also, a bill to provide for a uniform assessment of railroad property in this State, and for the colle::tion and return ot taxes thereon. Also, a 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 their bonds to aid m the construction of said road. The following bill was, on motion, laid on the tablP, to-wit: A bill to regulate local or way freights and passenger tariffs. The following Senate bills were read the first time, and referred to the Committee on the Judiciary, to wit: A bill to make it unlawful to kill wild deer under certnin circumstances. Also, a bill to define the jurisdiction, powers and MoNDAY, SEPTE~BER 29, 1879. 1727 proceedings of every County Court and of the Judge thereof, and the qualification and appointment of such, and the force and eftect of the process, j ndgment and decree of s:tid court, etc. The following bi1l was read the third time, and the report of the committee was agreed to, as amended, to wit: A bill to amend section 1407 of the Code of 1873, in relation to the sale of drugs and medicines. On the question of the passage of the bill, Mr. Can non 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.- Anderson of Morgan, Bell, Berry, Branch, Buchan, Butler, Chambers, Chapman, (',olley, Daniel, Dozier, Dupree, Duvall, Fitzgerald, Fletcher, Ford, Fuller, Gammage, Glover, Hamilton, Hanks, Hollis, Humber, Irvine, Ivey, Livinjlston, Luffman, Mathews, Jl.faund, McAfee. McDonald, Perkins, Polhill, Reese, Roach, Roberts, Rogers, Roney, Sharman, Sikes, Smith of Butt~, Strother, Taliafeao, Tarver, Tatum, Thomas, Toole, Turner of Broob, Walton, 'Vestbrook, Williams of (',olumbta, Wilmot,, Yancey. Those voting in the negative are Messrs.- Adams, Bird, Brintle, Burch of Laurens, Burch of Towns, Butt, Cannon, Cox of Harris Davison, Henderson, Howell of !A>wndes, Howell of Pickens, Hudson, Kirby, Lan~, McConnell, McGouirck, McLucas, Davis of Houston, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Prescott, Puckett, Rankin, Simms, Strickland of Bryan, Strickland of Clinch, Tate, Weebunt, Welch, Wheeler, Wilcox, Willingham, Wright. 1728 JOURNAL OF 'rHE H.oUSE. Those not voting are Messrs.- Anderson of Newton, Anderson of Pulaski, Awtry, Barksdale, Barron, Bennett, Bleckley, Born, Brantley, Carr, Clegg, Collins, Cook, Cox of Troup, Crawford, Cunningham, Davi~ of Baker, ~Idler of Houston, DeLoach, Dickin, Duggar, DuBose, Elder, Farnell, Fort, Garrard, Grant, Gray, Greene of Baldwin, Greene of i\iadison, Hall, Hammond, Harrell, Harp, Harris, Harrison, Hill, Hogan, Hulsey, Hutchins, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Lamb, McCurry McRae, l\Ic W h o r t e r Miller of Liberty, Milner, Mitchell, Mynatt, Yeas 5~. Nays 38. Not voting 83. Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Pope, Poppell, Redwine, Riden, Russell, Scruggs, Shannon, Sheffield of Early, Sheffield of Miller, Sibley, Smith of Oglethorpe Smith of Walton, Turner of Coweta. Vick, "\Vall, Wa.lters, Williams, C. W. Williams, F. J. 'Wilson, Zellner. So the necessary constitutivnal majority not having voted in the affirmative, the bill was lost. The following bills were, on motion, laid on the table, to-wit: A bill to declare thR true intent and meaning of the first and thirteenth sections of an act for the lease or sale of the Macon and Brunswick Railroad. Ah;o, a bill to constitute the lessees of the Macon and Brunswick Railroad agents of the State under certain circumstances. Also, a bill to exempt the Constitutional Guards from road duty. Mo~DAY, SEPTEMBER 29, 1879. 1729 Also, a bill to regulate and restrict the rate of interest, etc. The following bills were withdrawn, to-wit: A bill to fix and make uniform the rate of interest at 7 pev cent. Also, a bill to execute article 6, section 9 of the Constitution. Also, a bill to fix the rate of interest in this State. Also, a bill to prohibit the taking of more than 7 per cent. interest, and to J>rovide for the recovery of any excPss that may be paid. Also, a bill to provide for the allowing insolvent lists fo" poll tax. Also, a bill to amend section 3940 of the Code of 18'i3. Also, a bill to authorize the Governor to commute or change the sentence of persons convicted of misdemeanor. Also, a bill for the relief of E. V Johnson, of Bartow county. Also, a bill for the relief of Thomas C. McCrary. Also. a bill to require all land owners to have their lands surveyed every ten years. Also, a bill to require a license of vendors of pistols, bowie-knives, etc. Also, a bill to reqnire Judges of the Superior Courts to make certain entries on their dockets. Also, a bill to refund W. P. Herring money paid for Macon and Brunswick Railroad bonds. Also, a bill to pay John vV. Cain, and others, for arresting Augustus w. Johnson. Also, a bill to suspend j ndgment of Justices of the Peace in certiora1i cases. Also, a bill to carry into effect article 9, section 1, paragraph 1 of the Constitution. 1730 JoURNAL Olr THE HoUSE. Also, a bill to organize a County Court, and define its jurisdiction. Also, a bill to provide for appeal trial in Justices Courts. Also, a bill to prevent the taking of extra fees or compensation by the officers of this State. Also, a bill to carry into effect paragraph 2, section 6, article 7 of the Constitution. At his request, Mr. Phillips, of Cobb, was relieved from serving on the committee to report on the rights of the Marietta and North GPorgia Railroad. The Speaker appointed Mr. Adams in his place on said committee. The following bills were laid on the table, to-wit: A bill to supply limbs to maimed Confederate soldiers. Also, a bill to authorize the issue of bonds by cities for the redemption of bonds now outstanding. Also, a bill to provide for the registrntion of electors in all general elections. Also, a bill requiring Ordinaries or authorities toestablish election precincts, etc. Also, a bill to require Surveyors to run lines with reference to the variation of the magnetic needle, etc. .t\.lso, a bill to amend section 4155 of the Code. Also, a bill to establish the right of appeal from one jury to another in the Superior Court. Also, a bill to carry into effect paragraph 6, section 2, articl" 1 of the Constitution. Alse, a bill to prevPnt guardians from encroaching upon the corpus of the estates of their wards. Also, a bill to reduce and regulate the fees of TaxReceivers and Collectors. Also, a bill for the more just and economical compensation of Tax-Receivers and Collectors. Also, a bill to declare and define what misrepresentations will void a policy of insurance. MO)fD.A.Y, SEPTEMBER 29, 1879. 1731 Also, a bill to pay w. P. Howell & Co. $474.55 for publishing wild land sales. Also, a bill to regulate Constables' sales. Also, a bill to regulate the granting of license to sell spirituous liquors in Georgia. Also, a bill to fix the limitation for all suits for the recovery of usury. Also, a bill to compensate physicians for postmortem examinations. Also, a bill to enforce paragraph 2, article 7 of the C<;mstitution. Also, a bill to amend an act relative to the appointment of stenographic reporters. Also, a bill to authorize the Clerks ot Superior and City Courts to demand a deposit for costs. Also, a bill to provide for the election of a keeper of the Archives of the Ext>cutive Department. Also, a bill to amend section 887 of the Code. The following bills having been adversely reported upon by the committees, the reports were agreed to, and the bills lost, to-wit: A bill to compel all persons entitled to vote to vote in their own districts. Also, a bill to prohibit any person from holding two offices, etc. Also, a bill to give Justices' Courts jurisdiction over Sheriffs', Constables' and Coroners' bonds in certain cases. Also, a bill to abolish all County Courts not established under the general County Court act. Also, a bill to amend secti0\1. 3796 of the Coae ofl873. Mt. 'Htunilton offered the following resolution, which was read and referred to the Committee on the Peniten. tiary, to wit : A reRolutionLooking to the appointment of a joint committee to 1732 JoURNAL OF THE HousE. visit Stone Mountain and report in regard to t.he purchase thereof. The following bills were withdrawn, to-wit: A bill to prohibit appropriations or extra payments to county officers. Also, a bill to enlarge the powers and regulate procedure in the Superior Courts of this State. Also, a bill to authorize securities on forthcoming bonds to re-deliver the property for which they are securities. On motion of Mr. Hanks, the the House then adjourned till 9 A. M. to morrow. ATLANT.A,_ GEOJ'GIA, Tuesday, September 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 followi'lg members answered t:-l their names : Those present were Messrs.- Adams, Anderson of Morgan, Anderson of Newton, Awtry, Barksdale, Bell, Bennett, Berry, Bird, Bleckley, Born, Branch, Brantley, Brintle, Buchan, Burch of Laurens, Hall, Hammond, Hamilton. Hanks. Harrell, Harns Harrison, Hendersolt, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson. Hulsey, Humber, Phinizy, Pike. Polhill, Pope, Poppell, Prescott, Puckett, Rankin, Redwine Reese, Roach, Roberts, Rogers, Roney, Rus~ell, Scruggs, TUESDAY, ~EPTEMBELt 20, 18-9. 1783 . Burch of Towns, Butler, Butt, Cannon, Chambers, Chapman, Colley, Collins Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham Daniel, Davison, DeLoach, Dickin, Dozier, Duggar, Dupree, Duvall, Elder, Fitzgerald. Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray, Glover, Greene of Baldwin, Greene of Madison, Hutchins, Irvine, lvey, Janes, King, Kirby, Lang, Livingston, Luffman, 1\Iathews, Maund, Mc-\.fee, McConnell, McDonald, McGouirck, McLucas, McWhorter, Miller of Houston, :&!iller of Liberty, 1\!ilner, l\!itcbell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Perkins, Phillips of Carroll, Phillips of Cobb, Phillips of Cofiee, Shannon, Sharman, Sheffield of Early, Sikes, Simms, Smith of Butts, Smith of Oglethorpe, Stricklar...d of Bryan, Strickland of Clinch, Strother, Taliaferro. Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks Turner of Coweta, Walto~, Weehunt, Welch, Westbrook, Wheeler, Wilcox Williams of Columbia, Williams, C. W. Williams, F. J. Willingham, wilmot, Wilson, Wrigh, Yancey, Zellner. Those absent were Messrs.- Anderson of Pulaski, Barron, Carr, Clegg, Davis of Baker, Davis of Houston, DuBose, Farnell, Harp, Johnson of Clay, Johnson of .Tohn8on, Jordan of Crawford, Jordan of Wilkes, Kendrick. Kimsey, Lamb, McCurry, McRae, Peacock, Riden, Sheffield of .Miller Sibley, Smith of Walton, Vick, Wall, Walters, Present 148. Absent26. Mr. Barksdale, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved. The Journal was then read and confirmed. 1734 JomtNAL OF THE HousE. Mr. Redwine moved to reconsider so much of the Journal as relates to the action of the Huuse upon a bill to regulate and restrict the rate of interest in this State. 'l'he motion prevailed. Mr. Duggar moved to reconsider so much of the .Journal as relates to the action of the House upon a bill k declare the Toccoa River a navigable stream for certain purposes. The motion prevailed. Mr. Paine, chairman of the Committee on Enrollment, submitted the following report : Mr. Speaker: The Committee on Enrollment report as duly enrolled, and r~:>ady for the signature of the Speaker of the House of Representatives the following acts, to-wit : An act to prohibit the retail of spirituous liqnors, except for medical or meehanical purposes, in the county of Morgan. Also, an act to carry into effect paragraph 5, section 12, article H of the Constitution of Georgia. Also, an act to prohibit the sale of spirituous, malt or intoxicating liquors for a valuable consideration in certain localities in this State, and to preseibe a penalty therefor. vV. "\V. PAINE, Chairman. Mr. Wilson, chairman of the Committee on the Pen itentiary, submitted the following r~port: Mr. Speaker: The Committee on the Penitentiary have had under consideration the following resolution, to-wit: A resolutionTo appoint a joint committee of the House ~nd Sen- TUESDAY, SEPTEMBEH 30, 1879. 1735 ate to examine the Stone Mountain with a view to its purchase by the State for a permanent site for the Penitentiary, and recommend that the same be adopted. J. M. \VrLSON, Chairman. The followin'5 message was received from the Senate through Mr. Harris, the Secretary thereof: Mr. Speaker: I am instructPd by the Senate to inform the House that the Senate insists on its amendment to the House bill to repeal an act to make minors parties to proceedings in the courts of this State, approved February 25, 1876, and have appointed as a conference committee on the part of the Senate: Messrs. McDaniel, DuBose and Head. 'fhe Senate has passed the foll owi11g resolution, in which they ask the concurrence of the House, to-wit: A resolution- To memoralize Congress to appropriate money to clean out the Savannah River, so as to make it navigable for steamboats. The following House bills were lost in th8 Senate, towit: A bill to repeal an act for the relief of Elizabeth Turner. Also, a bill to make it penal for any officer or official of Georgia to make any contract, except the contract by which the oflieial holds his office, with the Governor of the State, or any other official of the State in and about the State's business, and to receive any pay for the same. Also, a bill to authorize the Board <:f Commissioners in the several counties in this State to appoint a clerk. Also, a bill to amend an act to require the County 1736 JouRNAL oF THE HousE. School Commissioners of the several counties to make annual r"'ports of school operations, and to submit their books for examination to the Grand Juries of their respective counties. The Senate has concurred in the following House resolutions, to-wit: A resolution- In reference to the opening of the Chattahoochee River. Also, a resolution to auth,orize Peter:::on Thweatt tJ sue the State. The following message was received from his Exnellency, the Governor, through Mr. Avery, his Secretary, to-wit: JVIr. Speaker: His Excellency, the Governor, has approveJ and signed the following acts, to-wit: An act to declare and amend the laws ol this State touching the jurisdiction and modes of procedure in the Superior Courts in certain cases, so far as relates to counties having therein a city 1)f 10,000 or more inhabitants. Also, an act to amend section 281 of the Code of Georgia. Also, an act to repeal the several acts creating, organizing and establishin5 County Courts for the counties of Dooly, Campbell, .f!'loyd, Rockdale and Clarke, and to lJrovide for the proper disposition of business in said courts, and for other purpose8. Also, an act to amend an act, approved February 24, 1874, entitled an act to amend section 4441 of the Code of Georgia, in reference to illegal hunting with dogs, fire-arms or other implements in and through any en closed lands, etc. TUESDAY, SEPTEMBER 30, 1879. 1737 Also, an act to amend section 4141 of the Code of 1873. Also, an act to amP-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 venue of suitsagainstinsurauce companies having more than one place of business in this Stat~>, and for other purposes. Also, an act 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 said county in conducting elections. Also, a resolution in relation to the collection of the special liquor tax in this State. Also, an act to incorpOI:ate the Savannah Trust and Safe Deposit Company. Also, an act to carry into effect paragraph 18, section 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 offices in certain cases, and also for the appointment of suitable persons to discharge the dutiesof the same. Also, an act to amend an act entitled an act to incorporate the town of Sccial Circle, in the county of,Valton, and to appoint Commissioners for the same, and to point out the mode of electing Commissioners, and for 9ther purposes, approved :March 18, 1869, wherein the taxing power conferred by said act incorporating said town shall be enlargecl, and further corporate powers and privileges herein named' may be exercised by said town. Mr. Turner, of Brooks, chairman of the Committee on the .Tudiciary, submitted the following report : 110 1738 . JouRNAL O.l! THE HousE. Mr. Speaker: 'l'he Committee on the Judiciary have had under consideration the following Senate bill, which they recommend do pass, to wit : A bill to be entitlt~,l an act to alter and amend sec tion 43i0 of the Revised Code of Georgia, which relates to the description and -punishment of the offense of shooting at another. 'fhe committee have also had under consideration the following Senate bills, which they recommend do pass, as amended, to- wit : A bill to be ~~ntitled an act to add to and amend section 898 of the Code of 1873, in relation to the mode of redeeming land sold under tax fl. j'as., and for other purposes. Also, a bill to be entitled an act to provide for the compensation of jurors tor s~rvices inJustices' Courts, and for other purposes. Also, a bill to be entitled an act for the prevention of crudty to children. 'fhe 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 prohibit the employment of females convicted of misdemeanor and sentenced to work in a chain-gang in any labor unsuitable to their sex. Also, a bill to be entitled an act to provide for recOlding all deeds and other writings under which title or right to realty is claimed, and prescribe the effect of such record on the ruuniug of thl:' statute of limitation in certain cases. Also, a bill to be entitled an act to define the mode of fixing the times of the monthly sessions of Justices oi the Peace ":tnd Notaries Public. A.lsv, a bill to be entitled an act to amend section TuESDAY~ ::;EPTE.MB~R 20, 1879. 1739 2638 of the Code of 1873, which renders void contracts for the sale of goods for future delivery, where the parties are aware that th~ seller expects to purchase himself to fulfill his contract, being a mere speculation on chances, by providing that no agent of purchaser or seller in cases of such illegal transaction shall recover from his principal money advanced to the latter, or expended for his benefit in connection with such contract, and that either party may recover from the other, or from the agent of either party any money or other thing of value hypothecated or paid in furtherance or in conSf3quence of the contract. Respectfully submitted. H. G. TURNER, Chairman. On motion of Mr. Dugger, the rules were suspended and the bill just reconsidered taken up and read the third time, to- wit : A bill to declare the Toccoa River a navigable stream for certain purposes. .The yeas were 102, and nays 5; so the bill was passed by the requisite constitutional majority. The following Senate bill was, on motion of Mr. Sikes, recommitted to the Special Committee on the Macon and Brunswick Railroad, to-wit: A bill to provid.e when and how certain suits may be brought against the Macon and Brunswick Railroad. On motion of Mr. Northern, all bills tabled heretofore were taken up and placed in their proper order on the calendar. Mr. Pope, of Jasper, offered the following resolution, which was read and laid over under the rules, to-wit: A resolution- Relative to the celebration of the Jasper Centennial in Savannah. 1740 JoURNAL OF THE HOUSE. The special order for the day, the bill known a.s the general County Court bill, was taken up. On motion of Mr. Hall, the bill was laid on the table. On motion of Mr. Mynatt, the following rosolution was taken up and read the second time, to-wit: A resolution- Relative to mileage of members of the General .Assembly for the adjourned session. Mr. Wheeler called for the previous question. The call was sustained, and the main question ordered. Mr. Miller, of Houston, called for the yeas and nays. The uall was sustained, and on calling the roll the l'ute was as follows : 'rhose voti.ag in the affirmative are Messrs.- Adams, Hammond, Anderson of Newton, Hamilton, Awtry, Harrell, Barksdale, Harris, Bell, Harrison, Bennett, I-Iender~on, Berry, Hogan, Branch, Hollis, Brantley, Howell of Lowndes, Brintle, Howell of Pickens, Burch of Laurens, Hudson, Burch of Towns, Hutchins, Butler, Ivey, Chambers, Janes, Collins, Kirby, Cook, Lang, Cox of Harris, Luffman, Crawford, Mathews. Danit!, Maund, DeLoach, McAfee, Dickin, McConnell, Dozier, McDonald~ Dupree, McLucas, Duvall, McWhorter,' Elder, Miller of Houston, Fitzgerald, Milner, Fletcher, Mynat!, Ford, Nisbet, Fuller, Northern, Gammage, Oliver, Phiilips of Coffee, Polhill, Poppell, Prescott, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Smith of Butts. Strickland of Bryan Strickland of Clinch, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, 'Walton, Weehunt, Westbrook, Wilcox:, Williams of Columbia, Williams, C. W. Williams, F. J. Wilmot, TUESDAY, SEPTEMBER 30, 1879. 1741 Gray, Glover, Greene of Ba.dwin, Greene of Madison, Hall, Paine, Park, Patterson, _Perkins, Wilson, Wright, Yancey, Zellner. Those voting in t~e negative are Messrs.- Bleckley, Butt, Cannon, Cunningham, Davison, Duggar, Grant, Hanks, Humber, Irvine, King, McGouirck, Paull, Phillips of Can oil, Phinizy, Pike, Thoe;~ not voting are Me.3srs.- Anderson of Morgan, Anderson of Pulaski, Barron, Bird, Born, Buchan, Carr, Chapman,. Clegg, Colley, Cex of Troup, Davis of Baker, Davis of Houston, DuBose, Farnell, Fort, Garrard, Harp, Hill, Hulsey, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, Lamb, Livingston, McCurry, McRae, Miller of Liberty, :M:itchelit Yeas103. Nays24. Not voting 47. Pope, Puckett, Redwine, Simms, Turner of Brooks, Welch, Wheeler, Willingham, Peacock, Phillips of Cobb, Rankin, Reese, Riden, Sheffield of Miller, Sibley, Sikes, Smith of Oglethorpe, Smith of Walton, Toole, Turner of Coweta, Viclr, VIall, Walters. So the resolution was adopted. The Speaker announced that he had received a package addressed to him and marked "testimony in con- tested election from Bryan county," but which was still unopened. The package was referred to the Committee on Privileges and Elections. The unfinished business of yesterday was then taken up, t~-wit: 1742 JouRNAL o.F THE HousE. A bill to repeal paragraph 5 of section 3854 of the Code of Georgia. The report of the committee, adverse to the passage of the bill was agreed to, and the bill lost The following bill was read the third time, and report of the committee agreed to, to-wit: A bill to compel the appearance of railroad companies, and other corporations, when indicted for any violation of an:y law of this State. Mr. Hanks 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.- Awtry, .Bell, Bennett, Bleckley, Born, Branch, Brintle, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Chambers Chapman, Colley, Cook, Cox of Harris, Cunningham, J.Janiel, Duggar, Dupree, Duvall, Elder, Fitzgerald, Fletcher, Ford, Fuller, Grant, Gray, Glover Hamilton, Hanks, Harrison, Howell of LowndeE1 Humber, Irvine, King, Livingston, ' Luffman, McConnell, l\:IcGourick Miller of Houston, Mitchell, Mynatt, Prescott, Redwine, Reese, Riden, Roberts, Rogers, Shannon, Sharman, Sheffield o. Early Sikes, Simms, Smith of Butts, Strickland of Clinch, Strother, Taliaferro, Tatum, Toole, Walton, Welch, Wheeler, wilcox, Williams, C. W., Willingham, Wilmot,. Wilson Wright. Those voting in the negative are Messrs.- Adams, Berry, DeLoach, Dozier, Greene of Baldwin, Greene of Madison, Hall, Ivey, Lang, Mathews, Maund, Mewhorter, Oliver, Paine, Polhill, Poppell, Roach, Roney, Russell, Strick~and of Bryan, Tarver, TuESDAY, SEPTE11f:l3ER 30, 1879. 1743 Hammond Harrell, Harris, Henderson, Hill, Hogan, Hudson, Park, Patterson, Phillip~ of Carroll, Phillips of Coffee, Phiuizy, Pike, Those not voting are Messrs.- Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Barksdale, Barron, Bird Bran'tley, Buchan, Carr, Clegg, Collins, Cox of Troup, Crawford, Davis of Baker, Davis of Houston, Davison, Dick in, DuBose, Farnell, Fort, Gammage, Garrard, Yeas, 70. Nays, 40. Not voting 64. Harp, Hollis, Howell of Pickens, Hulsey, Hutchins, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, .Tordan of WilkeR, Kendrick, Kimsey, Kirby, Lamb, McAfee, 1\'l:cCurry, "McDonald, McLucas, McRae, Miller of Liberty, Milner, Tate, Thomas, Turner of BrookA, 'Villiams of Columbia, Yancey, Zellner. Nisbet, Northern Paull, Peacock, Perkins, Phillips of Cobb, Pope, Puckett, Rankin, Scruggs, Sheffield of Miller, Sibley, Smith of Oglethorpe, Smith of Walton Turner of Coweta, Vick, Wall, Walters, Weehunt, WeRtbrook, Willia~s, F ..J. So the necessary constitutional majority not having voted in the affirmative, the bill was lost. On motion of Mr. Paine the rules were suspended and the following resolution read the second time, towit: A resolution- To pay the expenses of the committee of the House and Senate sent to convey the remains of Senator Clements to his former home. The following hill was taken up for a third re_ading, to-wit: 1744 Jornl.NAL OF THE HousE. .A. bill to carry into effect article 6, section 4, paragraph 6 of the Constitution in reference to appeals from one jury to another in the Supe~ior and City Courts of this State, and prescribing the manner in which the sam!'} shall by done. Mr. Harrison proposed to indefinitely postpone the bill. 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 Senate bills, which they recommend do pass, to-wit: A bill to be entitled an act to declare and establish the flag of the State of Georgia. Also, a bill to be entitled an act to provide tor the better organization, government and discipline of the volunteer troops of thi8 State, and to repeal all that part of the Ootle of Georgia consisting of articles 2 and 3 of chapter 2, title 12, part 1, and comprising all those sections numbered from 1,075 to 1,103, both included, in the Revised Code of 1873, relating to the volunteer corps of thA State, and for other purposes connfcted therewith. Respectfully submitted. Cor,LEY, Chairman. Mr. Paull, chairman of the Committee on the Luna tic .Asylum, submitted the following repvrt: Mr. Speaker: The Committet' on the Lunatic Asylum have had under consideration the following bill, which they recommend do pass, to wit : .A. bill to be entitled an act to require the Governor to appoint a competent physician as one of the Board of Trustees of the Lunatic .Asylum. TUESDAY, SEPTEUBER 30, 1879. 1745 The committee have also had under consideration a resoh1tion of the House charging the committee ~ith the duty of inquiring into the manner of treatment received by a lunatic son of Bryan Morris, a resident of the county of Floyd, whilst an inmate of the Luna- tic Asylum, as well as the treatment bestowed upon the inmates of the .Asylum generally, and the com- mittee in order to carry out the instructions contained in said resolution, direct me to ask the House to adopt the following resolution, to. wit: Resolved, That Messrs. King, Rankin and Perkins are appointed as a special committee to visit the Luna- tic Asylum for the purpose of examining the condition of the same, and inquiring into the manner of the treatment of the inmates thereof, and especially as to the manner of the treatment ot a lunn.tic son of Bryan Morris whilst he was an inmate of the institution, and that this special committee report the result of their investigation to this House .as early as practicable. Respectfully submitted. 0. H. PAULL, Chairman. On motion of Mr. Paull the resolution contained in said report was adopted. On motion of Mr. Hulsey the use of the Hall of the House of Representatives was tendered to Professor J. M. Goss for Wednesday next at 7i o'clock P. M. Leave of absence was granted to Messrs. Bell and Tarver on account of' sickness in their families. 'rhe House then adjourned till 3:30 o'clock P. M. 3:30 O'cLOCK P. M. The Honse reassembled, and was called to order by ~he Speaker. 1746 JOURNAL OF THE HoUSE. The following communication was received with an accompanying document : EXECUTIVE DEPARTl\IENT, ATLANTA. GA., September 30, 1879. Mr. Speaker: I have the honor to transmit herewith what -purports to be the evidence in the case of R. F. C. Smith vs. Wm. H. Strickland, contested election for Representative of the county of Bryan. It was received through the mails this day. ALFRED H. COLQUITT. On motion, the accom-panying document was referred to the Committee on PrivilegAs and Elections. By consent, the following bill was introduced, read the first time, and referred to the Com mittee on Finance, to-wit: By Mr. Pike- A bill to require the Comptroller-Gen8ral to examine the title of owners of wild lands who desire to claim the excess for which their lands may have been sold under taxji.jas., and to require the Governor to draw his warrant therefor, and to require the Treasurer to pay the same out of the wild land fund, and for other purpOS2S. By consent, the following bill was introduced, read the first time and referred to the Committee on Public Printing, to-wit : By Mr. HarrisonA bill to amend section 1031 of the Code of 1~73, and to reduce the number of copies of the Journals and Public Laws to be published by the State Printer. On motion of Mr. Miller, of Houston, the special order for. this hour, the bill to amend the act regulating the leasing out of penitentiary convicts, was made the TUESDAY, SEPTEMBER 30, 1879. 1747 special order for Thursday next, immediately after the special order already set for that day is disposed of. On motion of Mr. Livingston, the rules were suspended for the purpose of reading Senate bills favorably reported on the second time. The following Senate bills were read the second time, to-wit: A bill to amend section 898 of the Code of 1873, in relation to the mode of redeeming land sold under tax fi.fas. Also, a bill to provide for the compensation of jurors for service in Justices' Courts. Also, a bill to alter and amend section 4370 of the Revised Code of Georgia, which relates to the description and punishment of the offense of shooting at another. . Also, a bill for the prevention of cruelty to chilC:ren. Also, a bill to declare and establish the flag of the State of Georgia Also, a bill to require the Governor to appoint a competent physician as one of the Board of Trustees of the Lunatic Asylum. Also, a bill to provide for the better organization, government and discipline of the volanteer troops of this State, and to repeal a.ll that part of the Code consisting of articles 2 and 3, of chapter 2, title 12, part 1, comprising all those sections numbered trom 1075 to 1103, both included, in the Code of 1873. On motion of Mr. Russell, the rules were suspended and the following bill was introduced, read the first time, and reterred to the Committee on the Judiciary, to-wit: By Mr. RussellA bill to give the authority to any municipal corporation of the State of Georgia to create thA office of Fire Marshal. 1748 JouRNAL oF THE HousE. On motion of Mr. McWhorter, the following resolution was taken up, read and adopted, to-wit: A resolution- To appoint a committee to visit Stone Mountain and report on its fitnPSS for a permanent penitentiary. Mr. Wright demanded a call of the roll of the House. The roll was called and a quorum found to be present. Under a suspension of the rules. the following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to-wit: By Mr. Turner, of CowetaA bill to prescribe an additional mode other than that now provided by law, by which the Treasurer of Georgia may give security for the faithful performance of his duty. Also. a bill to change the time of holding the Supt-rior Court of the county of Washington. On motion of Mr. Paine, the rules were suspended for the purpose of reading Senate bills, unfavorably reported on, the second time, and the following bills were read, the reports of the committees agreed to, and the bills lost, to-wit: A bill to exempt from taxation such property and persons as paragraph 11, section 11, article 7 of the Constitution. Also, a bill to throw restrictions around the reception of pauper affidavits in judicial proceedings, and for other purposes. Also, a bill to amend section 3854 of the Code concerning witnesses. On motion, the following Senate bills were laid on the table, to-wit A bill to alter and amend the 4th section of an act to render more efficient and economical the inspection and analysis of fertilizers, approved February 26, 1877. \ VVEDNESDAY, OCTOBER 1, 1879. 1749 Also, a bill to carry into effect section 4, article 8 of the Constitution. The following Senate bill, adversely reported on, Wll;S lost, to-wit: A bill to alter and amend the garnishment laws. On motion of Mr. Strother, the House then adjourned till 9 A.M. to-morrow. ATLANTA, GEORGIA, Wednesday, October 1, 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, Bell, Bennett, Berry, Bird, Bleckley, Born, Branch, Brantley, Brintle, Buchan, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Chambers, Glover, Greene of Baldwin, Greene of Madison, Hall, Hammond, Hamilton. Hanks, Harrell, Harrts Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike. Polhill, Pope, Poppell, Pre8cott, Puckett, Redwine Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, 1750 JOURNAL OF THE HOUSE. Chapman, Clegg, Colley, Collins' Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham Daniel, Davis of Baker, Davison, DeLoach, Dickin, Dozier, DuBose, Duggar, Dupree, Duvall, Elder, Fitzgerald. Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray, Janes, Johnson of Clay, Kendrick, Kimsey, Kirby, Lang, Livingston, Luffman, Mathews, Maund, McAfee, McConnell, McDonald, McGouirck, McLucas, Mc-Whorter, Miller of Houston, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Phillips of Carroll, Those absent were Messrs.- Anderson of Pulaski, Barron, Carr, Davis of Houston, Farnell, Harp, Howell of Pickens, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, King, Lamb, McCurry, McRae, :M:iller of Liberty, Perkins, Present 150. Absent24. Sikes, Simms, Smith of Butts, Smith of Oglethorpe, Stricklar..d of Bryan, Strickland of Clinch, Strother, Taliaferro, Tarver, Tate, Thomas, Toole, Turner of Brooks Turner of Coweta, walton Weehu~t, Welch, 'Vest brook, Wheeler, Wilcox Williams of Col urnbia, Williams, C. W. Williams, F. J. Willingham, Wilmot, Wilson, Wrig1lt, Yancey, Zellner. Rankin, Sheffield of Miller Sibley, Smith of Walton, Tatum, Vick, Wall, Walters, 1\fr. Sikes, from the Committee on Journals, reported the Journal of yesterday examined and approved. The Journal was then read and confirmed. Leave of absence was granted to Messrs. King, Rankin and Perkins, to visit the Lunatic Asylum at Mil- WJmNJSDAY, Ool'OBER 1, 1879. 1751 ledgeville, and to Mr. Howell, of Pickens, on account of sickness. On motion of Mr. Luffman, the rules were suspended and the following bill introduced, read the first time, and referred to the Committee on the Judiciary, to-wit: By Mr. LuffmanA bill to repeal all laws and resolutions granting State aid to the Northeastern Railroad Company. 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 thA signature of the Speaker of the House of Representatives, the following resolutions, to wit: A resolution- In reference to the opening of the Chattahoochee River. Also, a resolution to authorize Peterson Thweatt to sue the State. W. W. PAINE, Chairman. 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 bills, which the committee report have been properly advertised prior to the introduction thereof, to-wit: A bill to be entitled an act to incorporate the Rome Street and City Park Railroad Company, and for other purposes, which they recommend do pass, as amended. 1752 JOURNAL OF THE HoUSE. .Also, a bill to be entitled an act 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 authorities of the city of Rome, which the committee recommend do pass. .Also, a bill to be entitled an act to incorporate the Waycross and Florida Railroad Company, which the committee report was not advertisei as a local bill, and upon which they therefore make no recommendation . .Also, a bill to be entitled an act to prohibit the sale of intoxicating liquors within two miles of Johnson's Church, in the county of Warren, which the commit tee report was properly advertised prior to the introduction thereof, and whict. they recommend do pass. Respectfully submitted. P. L. MYNATT, Chairman. Mr. Harris, chairman pro tem. of the Committee on the Macon and Brunswick Railroad, submitted the following report : .ff.fr. Speaker : The Committee on the Macon and Brunswick Rail- road have had under consideration the following bill, to wit: .A bill to be entitled an act to provide when and how certain suits may be brought against the Macon and Brunswick Railroad, who recommend that the same do pass. C. J. HARRIS, Chairman, pro tern. Mr. Russell presented a memorial from the City Council of St. Mary's, which, without being read, was referred to th~ Committee on_Privileges and Elections. WEDNESDAY, 00TOBER 1, 1879. 1753 The first business in order was the unfinished business of yesterday, the consideration 0f a bill to authorize appeals from oue jury to another in the Superior and City Courts of this State. The motion to indefinitely postpone the bill was withdrawn. By the consent of the House, the substitute proposed by the Judiciary Committee was withdrawn. Mr. Turner, of Brooks, offered a substitute for the the original bill. Mr. Hall offered an amendment to the substitute. Adopted. The substitute, as amended, was adopted. Mr. Harris moved to indefinitely postpone the bill. Motion lost. The report of the committee, as amended, was agreed to. Mr. Cannon called for the yeas and nays on the ques- tion of the passage ot the bill 'fhe 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, Bell, Berry, Bleckley, Born, Branch, Buchan, Butt, Chambers, Chapman, Colley, Collins, Cook, Daniel, Davis of Baker, Davis of Houston, DeLoach, Elder, 111 Hamilton, Hanks, Harrison, Hill, Hogan, Howell of Lowndes, Irvine, Ivey, Janes, Kendrick, Kimsey, Kirby, Mathews, McAfee, McDonald, 1\icGourick, McLucas, Mitchell, Mynatt, Nor.hem, Pope, Poppell, Prescott, Redwine, Reese, Riden, Roberts, Roney, Russell, Sharman, Sheffield of Early, Sikes, Simms, Smith of Butts, Tate, Thomas, Turner of Brook Turner of Cowet Welch, Wilcox, 1754 JOURNAL OF TB.K HOUSE. Fitzgerald, Ford, Fuller, Gray, Glover, Green of Baldwm, Hall, Paine, Patterson, Phillips of Cobb, Phinizy, Pike, Polhill, Williams of Columbia, Williams, C. W. Wilson, Wright, Yancey, Zellner. Those voting in the negative are Messrs.- Bennett, Brantley, Brintle, Burch of Laurens, Burell of Towns, Butler, Cannon, Cox of Harris, Dozier, Duggar, Dupree, Duvall, Fletcher, Gammage, Garrard, Grant, Harrell, Harris, Henderson, Hollis, H.1dson, Humber, Johnson of Clay, Lang, Luffman, JI:Iaund, McConnell, McWhorter, Miller of Houston, Oliver, Park, Paull, Peacock, Phillips of Carroll, Phillips of Coffee, Puckett, Roach, Rogers, Scruggs, Shannon, Strickland of Bryan, Strickland of Clinch, Taliaferro, 'Valton, Weehunt, Wheeler, Williams, F. J. Those not voting are Messrs.- Anderson of Newton, Anderson of Pulaski, Barksdale, Barron, Bird, Carr, Clegg, Cox of Troup, Crawford, Cunningham, Davison, Dickin, DuBose, Farnell, Fort, Greene of Madison, Yeas 79. Nays 47. Not voting 48. Hammond, Harp, Howell of Pickens, Hulsey, Hutchins, Johnsvn of ~ohnson, Jordan of Crawford, Jordan of Wilkes, King, Lamb, Livingston, McCurry, McRae, Miller of Liberty, Milner, Nisbet, Perkins, Rankin, Sheffield of Miller, Sibley, Smith of Oglethorpe Smith of Walton, Strother, Tarver, Tatum, Toole, Vick, Wall, Walters, Westbrook, Willingham, Wilmot, So the necessary constitutional majority not having voted in the affirmative, the bill was lost. By permission of the House the following bill was withdrawn, .to-wit : WEDNESl~.l.Y, 0CTOBE1~ 1, 1879. 1755 A bill to amend an act chartering the Board of Trustees of Mount Vernon Institute, and incorporating the town of Riddlesville. On motion of Mr. Harrison, the following bill was indefinitely postponed, to-wit : A bill to provide for the levying of a tax on dogs, etc. On motion of Mr. Harris, the House insisted on its disagreement to the Senate amendments, and acceded to the request of the Senate for a committee of conference on the following bill, to-wit : A bill to" repeal an act to make minors parties to proceedings in the courts of this State, approved February 25, 1876. On motion of Mr. Cannon, the following bill was laid on the table, to-wit: .A bill to provide for a uniform assessment of railroad property in this State, and for the collection and return of taxes th~reon. The following bill was read the third time, and the report of the committee was agreed to, to-wit: .A bill to -prescribe the practice in claim cases. The substitute reported by the committee was adopted, and on the question of the -passage of the bill, by substitute, Mr. Hall 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, Cannon, Chapman, Colley, Davis of Houston, Dozier, Duggar, Fitzgerald, Ford, Fuller, Hall, Hamilton, Harris, Hogan, Irvine, hey, Janes, Johnson of Clay, l\:bller of Houston, Phinizy, Polhill, Riden, Roney, Russell, Sharman, Sikes, Strother, westbrook, Williams of Columb1a. 1756 JoURNAL OF THE HoUSE. Those voting in the negative are Messrs.- Anderson of Morgan, Anderson of Newton, Bell, Bennett, Bleckley, Born, Brintle, Buchan, Burch of Laurena, Burch of Towns, Butler, Butt, Chambers, Ccllins, Cox of Harris: Cunningham, Daniel, Davis of Baker, DeLoach, Dupree, Duvall, Elder, Garrard, Grant, Gray, Glover, Greene of Baldwin, Greene of Madison, Hammond, Hanke, Harrell, Harrison, Henderson, Howell of Lowndes, Hulsey, Humber, Kendrick, Kimsey, Kir~y, Lang, Lutlinan, l\Iathews, Maund, McConnell, McDonald, l\IcGouirck, l\Ic Whorter'j Mynatt, Park, Patterson, Paull, Peacock, Phillips of Carroll, Phillips of Coftee, Pike, Poppell, Prescott, Puckett, Redwine, Roach, Roberts, Rogers, Shannon, Simms, Smith of Butt!~, Strickland of Bryan, Strickland of Clinch, Tate, Thomas, Toole, Turner of Brook~, Walton, Weehunt, Welch, Williams, F. J. Willingham, Wilson, Wr'ght, Yancey, Zellner. Those not voting are Messrs.- Anderson of Pulaski, Awtry, Barksdale, Barron, Berry, Bird, Branch, Brantley, Carr, Clegg, Cook, Cox of Troup, Crawford, Davison, Dickin, DuBose, Farnell, Fletcher, Fort, Gammage, Harp, Hill, Hollis, Howell of Pickens, Hudson, Hutchins, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, King, Lamb Livingston, l\IcAfce, McCurry. McLucas, McRae, Miller of Liberty, Milner, . Mitchell, Nisbet, Nortlern, Oliver, Paine, Perkins, Phillips of Cobb, Pope, Rankin, Reese, Scruggs, Sheffield of Early, Sheffield of Miller, Sibley, Smith of Oglethorpe Smith of Walton, Taliaferro, Tarver, Tatum, Turner of Coweta, Vick, Wall, Walters, Wheeler, Wilcox, Williams, C. W. Wilmot. Yeas 29. Nays 80. Not voting 65. WEDNESDAY, OcTOBER 1, 1879. 1757 So the bill was lost. By consent, the following bill was introduced, by a two-thirds vote, yeas 90, nays none, read the first time and referred to the Committee on the Judiciary, to-wit: By Mr. Strickland, of ClinchA bill to organize a County Cou:rt for the county of Clinch, in this State ; to define its jurisdiction, and to make applicable to the same certain provisions of the Code of 1873. On motion of Mr. Hall, the following bill was laid on the table, to-wit: A bill to repeal section 4687 of the Code, and an act assented to February 26, 1874, both of which prescribe the manner of changing the revenue in criminal cases. 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 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 therein named. Also, 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. Mr. Hutchins, chairman of the Committee on Finance, submitted the following report : Mr. Speaker: The Committee on Finance have had under consid- 1758 JoURNAL OF THE HOUSE. eration the following bills and resolution, which they recommend do not pass, to-wit: House bill No. 1005, to be entitled an act to appro- priate money to fit up the new apartment selected for the State Library. Also, House bill No. 1004, to be entitleiJ an act to increase the salary of the Treasurer of Baldwin county to $500 a year. Also, resolution No. 228, in reference to the sale of wild lands for taxes. The committee have also had under consideration the following bill, which they recommend do pass, by substitute, to-wit : House bill No. 958, to be entitled an act to appropriate money to pay the salary of the Physician of the Penitentiary. Also, bill No. 984, to be entitled an act to amend an act to establish a Department of Agriculture for the State of Georgia, approved l~ebruary 24, 18i4. Also, the following bill, which they recommend do pass, as amended, to-wit: House bill No. 304, to be entitled an act to authorize the registration of the bonds of this State, and for other purposes. Also, the following resolution, which they recommend i1o pass, to-wit: Resolution No. 227, requesting the Governor to in vestigate the facts relative to certain coupons of the valid Macon and Brunswick Railroad bonds. Respected submitted. N. L. HuTCHINS, Chairman. The following bill was, on motion, withdrawn, towit: A bill to provide for the election of a Keeper of the Executive Archives, etc. WEDNESDAY, OcTOBER 1, 1879. 1759 On motion, of Mr. Mathews, the following bill was laid on the table, to wit : 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. The following bill was read the third time ; the evidence of the publication of the notice required by law was exhibited, and the bill passt->d, by the requisite constitutional majority; yeas 89, nays none, to-wit: A bill to reduce the bond of the Sheriff of Wayne county, and for other purposes. On motion of Mr. McWhorter, the following bill was laid on the table, to-wit: A bill to amend section 1456 of the Code. The following bill was, on motion, made the special order for Friday next, immediately after the reading ofthe Journal, to-wit: A bill to regulate and restrict the rate of interest in this State. The following bill was taken up, and the House refused to concur in the Senate amendmet, to-wit: A bill to carry into effect paragraph 2, section 18, articltJ 6 of the Constitution, so as to provide for the re vision of the jury box, and for other purposes. The following bill, a bill once lost andreconsidered, was taken up and put upon its passage. Mr. Mynatt called for the yeas and nays on the ques tion of the passage of the bill, to-wit: A bill for the relief of Wm. Rich from a judgment on a penal bood of five hundred dollars in the City Court of Atlanta. The call was sustained, and on calling the roll the vote was as follows : 1760 JOURNAL OF THE RoUSE. Those voting in the affirmative are Messrs.- Anderso:r: of Newton, Barksdale, Bennett, Berry, Bleckley, Branch, Brintle, Burch of Laurens, Burch of Towns, Butler, Butt, Chambers, Collins, Cunningham, DeLoach, Dozie, D..1g5ar, Dupree, Elder, Ford, Gammage, Grant, Greere of Baldwin, Hamilton, Henderbon, Hogan, Hulsey, Ivey, Johnson of Clay, Kimsey, Kirby, Lang, Livingston, J,uffman, Maund, McAfee, McConnell, McDonald, McGo..1hck, McLucas, l\IcWhorter, Mitchell, Mynatt, Oli' er, Paine Patterson, Peacock, Phillips of Coffee, Poppell, Prescott, Puckett, Reese, Roach, Robertq, Rogers, Russell, Scruggs, Shanron, Sharman, Stric!{.and of Bryan, Strickland of Clinch, Taliaferro, Thomas Walton, Weehunt. Welch, Wilcox, "Wilson, Those voting in the negative are Messrs.- Adams, Bell, Buchan, Canron, Chapman, Cox of Harris. Daniel, D-vis of Hon~ton, Duvall, l"itzgerald. Fletcher, Fuller, Gar. ard, Glo\er, Hall, Hammond, Hanks, Harrell, Harrison, Howell of Lowndes, Humber, Irvine, Kendrick, Mathews, Miller of Houston, Northern, Paull, Phillips of Carroll, Those not voting are Messrs.- Phillips of Cobb, Phinizy, Pol hill, Red":ne, Sikes, Simms, Tate, Too'e, Turner of BrookP, Wheeler, Williams of Columbia, Williams, F. J. Zellner. Anderson ef Morgan, Ac.derson of Pulaski, Awtry, Barron, Bird, Born, Brantley, Carr, Clegg, Colley, Cook, Harris, Hill, Hollis, HtJwell of Pickens, Hudson, Hutchins, Janes, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, King, Riden, Roney, Sheflied of Early, Sheflied of Miller, Sibley, Smith of Rutt.~, Smith of Oglethorpe, Smith0 of walton, Strother, Tarver, Tatuw, WEDNESDAY, OCTOBER 1, 1879. 1761 Cox of Troup, Crawford, Davis of Baker, Davison, Dickin, DuBose, Farnell, Fort, Gray, Greene of Madison, Harp, Lamb, ~lcCurry, McRae, Miller of Liberty, 1\Iilner, x:sbet, Park, Perkins, Pike, Pope, Rankin, Yeas <8. Nays41. Not voting, 65. Turner of Coweta, Vick, Wall, 'Valters, Westbrook, Williams, C. W. Willingham, 'Vi! mot, Wright, Yancey. So the necessary constitutional majority not having voting in the affirmative, the bill was lost. The Speaker appointed as the committee of conference on the -part of the House 1\fessrs. Harrison, Kimsey and Henderson, on the bill to repeal the act to make minors parties to proceedings in the Courts of this State, approved February 25, 1876. By permission, the following bill was withdrawn, towit: A bill to change the time of holding Superior Court in Bulloch county. The following bills were, on motion, laid on the tablE', to-wit: A bill to exempt from jury duty certain persons therein named. Also, a bill to increase and regulate the time of holding Superior Court in the county of Bibb. Also, a bill to provide for the selection and empanelling of juries in capital cases. 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 incorporating said company. Also, a bill to carry into effect paragraph 1, section 1762 Jom~NAL OF THE HOUSE. 2, article 4 of the Constitution for the purpose of regulating freight and passenger tariffs. 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 to regulate the practice of the courts of this State as to requests to charge the jury. Also, an act to amend an act creating a Board of Commiseioners of Roads and Revenue for Crawford county, approved March 2, 1874. Also, an act to fix the amount of license for selling or vending spirituous liquors in the counties of Wayne, Liberty, Coffee and Appling, in this State. Also, an act to amend section 1832 of the Code of 1873. Also, an act to repeal an act to prescribe the mode of granting license to sell spirituous liquors in the county of Muscogee, outside the corporate limits of the city of Columbus, approved February 2S, 1876. Also, an act to alter and amend section 1730 of the Revised Code of 1873, by striking out the nords "a special jury selected from the Grand Jury" and inserting "a jury as in other common law cases.'' Also, an act to encourage the culture of fish in the natural and artificial ponds on the plantations of David Dickson, Hancock county, and Washington county, in this State. Also, an act to repeal an act requiring judgment creditors in certain cases to have their judgments recorded in the county of defendant's residence, and in WEDNESDAY, OCTOBER 1, 1879. 1768 lieu thereof to require a proper docketing of the fl. las. in such cases, approved February 28, 1874. Also, an act to provide for the election of Judge of the County Court of Putnam county, and for other purposes. Also, an act to repeal an act, approved February 19, 1876, reducing the corporate limits of the town of Waycross in the county of Ware. Also, an act to make it illegal after January 15, 1880, for the Judge of any City Court in this State to hold any municipal office or appointment in the city where such court is held. Also, an act to prescribe the fees of Clerk of the Superior Court for all services required of him in the appointment of Commercal Notaries Public, and for other purposes. Also, an act to define who are agents of insurance companies not incorporated by or under the laws of this State, and for other purposes. Also, an act to declare and amend the laws of this State touching the jurisdiction of modes of procedure in the Superior Courts in certain cases, so far as relates to counties having therein a city of 10,000 or more inhabitants. Also, an act to amend an act entitled an act to prohibit the killing of partridges, wild turkeys or deer at certain seasons in the counties of Lowndes, Thomas and Putnam, in this State, approved February 28, 1876, so far as relates to the county of Thomas. Also, an act to prescribe the method of granting license to sell spirituous liquors in the town of Eastman, and in the county of Dodge, in this State, and for other purposes. Also, an act for the relief of James L. Fleming, to wit: the withdrawal of his residence and lands from 1704 JOURNAL OF THE HOUSE. within the corporate limits of Summerville of Richmond county, Georgia. Also, an act to prohibit hunting on the lands or another in the counties of Jones, Montgomery and Tatnall ; to prohibit fishing in the waters on the lands of another in the county of Tatnall, and to provide a punishment therefor. Also, an act to prohibit the retail of spirituous liquors, except for medicai or mechanical purposes, in the county of Morgan. Also, an act to carry into effect paragraph 5, section 12, article B of the Constitution of Georgia. Also, an act to prohibit the sale of spirituous, malt or intoxicating liquors for a valuable consideration in certain localities in this State, and to prescibe a penalty therefor. Also, a resolution to authorize Peterson Thweatt to sue the State. Also, a resolution in reference to the opening of the Chattahoochee River. "\V. "\V. PAINE, Chairman. The following bill was taken up for a third reading, to wit: A bill to prevent the driving oft or penning of the the cattle of another, and to prescribe a penalty therefor. Mr. Burcd, of Laurens, moved to indefinitely postpone the bill. Mr. Oliver moved to lay the bill on the table, which motion did not prevail. 'fhe motion to indefinitely postpone prevailed. The following bills were laid on the table, to-wit: A bill to amend section 1456 of the Code in relation to the firing of woods, and to amend section 1458 of the Code in relation to the punishment therefor. VVEDNESDAY, OCTOBER 1, 1879. 1765 Also, a bill to encourage immigration to Georgia, and for other purposes. Also, a bill for the mutual protection of purchasers and vendors of fertilizers in this State, and to prevent fraud in the manufacture and the sale of the same. Also, a bill to prevent imposition in the sale of commercial fertilizers; to authorize total or partial failure of consideration to be phaded against notes given for the purchase of worthless fertilizers, etc. The following bill was read the third time; thereport of the committee was agreed to ; the necessary constitutional majority not having voted in the affirmative, yeas 82, nays 8, the bill was lost, to-wit: A bill to regulate the practice in certiorari cases; to suspend the issuing of execution, and for other purposes. The following bill were, on motion, laid on the table, to-wit: A bill to exempt the Constitutional Guards, of Liberty county, from road duty. Also, a bill to encourage immigration to Georgia, and for other purposes. The following bill was read the third time, to-wit : A bill to repeal sections 1631, 1t:i32 and 1633 ot the Code of Georgia. 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.- Awtry, Bell, Berry, Bleckley, Born, Branch, Buchan, Burch of Towns, Butler, Butt, Hamilton, Hanks, Henderson, Hill, Howell of Lowndes, Hulsey, Humber, Irvine, Janes, Kimsey, Riden, Roach, Roberts, Rogers, Roney, Shannon, Sharman, Sheffield of Early, Simms, Smith of Butts, 1766 JouRNAL oF THE HousE. Chapman, Colley, Cook, Cunningham, Daniel, Dozier, Duggar, Duvall, Elder, Fitzgerald, Ferd, Fuller, Gray, Hall, Hammond, Kirby, Luffman, McAfee, McGouirck, McLucas, Mynatt, Oliver, Patterson, Paull, Phillips of Cobb, Phi1lips of Coffee, Phinizy, Pike, Polhill, Poppell, Strickland of Bryan: Taliaferro, Tate, Thomas, Toole, Turner of Brooks, \Valton, \Veehunt, vVelch, \Vheeler, wilcox. Williams of Columbia, \Vright, Zellner. Those voting in the negative are Messrs.- Adams, Bennett, Brantley, Brintle, Cannon, Chambers, Cox of Harris, DeLoach, DuBose, Dupree, Fletcher, Garrard, Grant, Greene of Ba,dwin, Harrell, Hogan, Hudson, Ivey, McConnell, Miller of Houston, Northern, Phillips of Canoll, Puckett, Sikes, Strickland of Clinch, \Vest brook, Williams, C. W, Williams F. J. Willingham. Tho~~ not voting are Me3srs.- Anderson of Morgan, Hollis, Peacock, Anderson of Newton, Howell of Pickens, Perkins, Anderson of Pulaski, Barksdale, Barron, Bird. Hutchins, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Pope, Prescott, Rankin, Redwine, Burch of Laurens, Jordan of Wilkes, Reese, Carr, Kendrick, Russell, Clegg, Collins, Cox of Troup, Crawford, King, Lamb, Lang, Livingston, Scruggs, Sheffield of Miller, Sibley, Smith of Oglethorpe, Davis of Baker, Davis of Houston, Davison, Dickin, Farnell, Fort, Gammage, Glover, Greene of Madison, Harp, Harris, Mathews, Maund, McCurry, McDonald, McRae, McWhorter, Miller of Liberty, Milner, Mitchell, Nisbet, Paine, Smith of Walton, Strother, Tarver, Tatum, Turner of Coweta, Vick, VIall, \Valters, Wilmot, \Vilson, Yancey. Harrison, Park, Yeas74. Nays 29. Not voting 71. WEDNESDAY, OCTOBER 1, 1879. 1767 So the necessary constitutional majority not having voted in the affirmative, the bill was lost. 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 none, to-wit: A bill to amend an act to incorporate the Lawrenceville Branch Railroad Company, and for other pur- poses, so as to authorize said company to issue their bonds to aid in the construction of said road, and for other purposes. The following bill was, on motion, laid on the table. A bill to require the authorities in charge of the county finances to publish an itemized statement of ex- penses annually Leave of absence was granted to Mr. Tatum, of Dade, on accounc of sickness, and indefinitely to Mr. Wilmot on account of sickness. Mr. Polhill moved that the House adjourn till 9 o'clock to-morrow morning. On this question Mr. Sheffield of Early, called for the yeas and nays. The call was sustained. On motion of Mr. Polhill the time of the morning session was extended till the roll could be called. On calling the roll the vote was as follows : Those voting in the affirmative are Messrs.- Anderson of Morgan, Awtry, Barksdale, Bennett, Berry Blechley, Born, Branch, Brantley, Brintle, Buchan, Butler, Butt, Cannon, Gray, Greene of Baldwin, Greene of l\1adison, Hall, Hammond Hamilton, Hanks, Hollis, Hulsey, Hutchins, Janes, Johnson of Clay, Kimsey, Kirby, Park, Patterson, Paull, Phillips of Cobb Pike, Polhill, Poppell, Prescott Puckett Redwine Roberts, Roney, RuBBel!, Scruggs, 1768 JouRNAL O.l!' THE HousE. Chambers Colley, vaniel, Davis of Baker, Davis of Houston, DeLoach, DuBose, Duggar, Dupr-ee, Duvall, Fletcher, Fuller, Garrard, Grant, Luffman, Mathews, Maund, l\IcAfee, McConnell, McLucas, l\Ic \Vhorter, Miller of Houston, Milner, Mitchell, :Mynatt, Nisbet, Northern, Paine, Shannon, Sharman, Simms, Strother, Taliaferro, Thomas, Toole, "'Walton, Welch, \Vilcox, Williams, F. J. Willingham, "'Wilson Yancey. Those voting in the negative are Messrs.- Bell, Burch of Laurens, Burch of Towns, Chapman, Cook, Cox of Harris, Cunningham, Dozier, Elder, Fitzgerald, Ford, Hill, Hogan, Howell of Lowndee, Hudson, Irvine, Ivey, Lang, 1\lcDonald, l\IcGourick, Oliver, Peacock, Phillip~ of Carroll, Phillips of Coffee, Phinizy, Rogers, Those not voting are Messrs.- Sheffield o. EarIy SikeR, Smith of Butts, Strickland of Clinch, Strickland of Bryan, Tate, Turner of Brooks, \Veehunt, 'Vestbrook, 'Vheeler, Williams, C. W., \Vright, Zellner. Adams, Anderson of Newton, Anderson of Pulaski, Barron, Bird, Carr, Clegg, Collins, Cox of Troup, Crawford, Davison, Dickin, Farnell, Fort, Gammage, Glover Harrell, Yeas, 84. Nays, 39. Not voting 51. Harp, Harris, Harrison, Henderson, Howell of Pickens, Humber, Johnson of J ohn~on, Jordan of Crawford, Jordan of Wilkes, Kendrick, King, Lamb, Livingston, McCurry, McRae, Miller of Liberty, Perkins, Pope, Rankin, Reese, Riden, Roach, Sheffield of Miller, Sibley, Smith of Oglethorpe, Smith of Walton Tarver, Tatum, Turner of Coweta, Vick, Wall, 'Valters, Williams of Columbi Wilmot. So the House adjourned till 9 A. M. to-morrow. THURS::.\.Y, OCTOBER 2, 1879. 1769 ATLANTA,, GEOPGIA, Thursday, October 2, 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 followirrg members an. swered to their names : Those present were 1\fessrs.- Adams, Anderson of Morgan, Anderson of Newton, Awtry, Barksdale, Bell, Bennett, Berry, Bird, Bleckley, Born, Branch, Brantley, Brintle, Buchan, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Chambers, Chapman, Clegg, Colley, Collins' Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, Dozier, 112 Greene of Baldwin, Greene of Madison, Hall, Hammond, Hamilton. Hanks, Harrell, Harp, Harns Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lo\vndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, lvey, Janes, Johnson of Clay, Jordan of Crawford, Kendrick, Kimsey, Kirby, Lang, Livingston, Luffman, Mathews, 1\faund, l\1c.Afee, l\IcConnell, l\IcCurry, McDonald, Phillips of Carroll, Phillips of Cobb, Phillips of Coflee, Phinizy, Pike. Polhill, Pope, Poppell, Prescott, Puckett, Redwine Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sikes, Simms, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Stricklar.d of Bryan, Strickland of Clinch, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks 1770 JoURNAL OF THE HOUSE._ DuBose, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald. Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray, Glover, McGonirck, McLucas, McW'horter, Miller of Houston, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, PatterRon, Paull, Peacock, Perkins, Turner of Coweta, Walton, Weehunt,: _:- __ Welch, ~.::.3 Westbrook, Wheeler, Wilcox Williams of Colt:Onbia, Williams, C. W. Williams, F. J. Willingham, Wilson, Wrigl-lt, Yancey, Zellner. Those absent were Messrs.- Anderson of Pulaski, Barron, Carr, Johnson of .Tohnson, Jordan of Wilkes, King, Present 158. Absent16. Lamb, McRae, Miller of Liberty, Raukin, Sheffield of Miller; Sibley, Vick, Wall, Walters, Wilmot, Mr. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and approved. Thfl Journal was then read and confirmed. Mr. Daniel moved to reconsider so much of the J onrnal as relates to the action of the House upon a bill to regulate the practice in certiorari cases, and to suspend the issuing of ex~cution. Tile motion prevailed. l\fr. Harrison moved to reconsider the action of the House upon a bill to authorize an appeal from one jury to another in the Superior Court. The motion was lost. Mr. Phillips, of Cobb, moved to reconsider so much of the Journal as r~lates to the action of the House upon a bill to repett.l sections 1631, 16:~2 and 1633 of the Code of Georgia. The motion p1evailed. TnuilS~AY, OoToBElt 2, 1879. 1771 Mr. Awtry, chairman of the Committee on Public Printing, submitted the following report : Mr. Speaker: The Committee on Public Printing have had under consideration the following bill, which they recommend do pass, to-wit: A bill to be entitled an act to amend section 1031 of the Code of Georgia (1873), and to reduce the numb~r of the Journals and Public Laws to be published by the State Printer. Respectfully submitted. J. F. AwTRY, Chairman. The following message was received from the Senate, through '\V. A. Harris, Secretary thereof : Mr. Speaker: 'rhe Senate has passed the following Senate bill, in which they ask the concurrence of the House, to-wit: A bill to provtde for the improvement of the Savan nah River. The Senate has passed the following House bill, towit: A bill to regulate the practice in cases of writs enjoining Sheriffs' sales. Mr. Hutchins, chairman of the Committee on Finance, submitted the foll0wing report : Mr. Speaker: The Committee on Finance h:1ve had under consideration the following bill, which they recommend do 'Pass, to-wit: Senate bill No. 195, to be entitled an act to amend section 64 of the Code of Georgia, authorizing the Governor to buy property in certain cases, by striking ont the words "except tax fi. j'as.," in the third line of said section. 1772 JOURNAL O.F THE flOUSE. Also, Senate bill No. 201, to be entitled an act requiring Receivers and Collectors of taxes in this State to return by name dealers in spirituous, vinous or malt liquors or intoxicating bitters, and to give the amount of special tax paid by such dealer or firm, or from any person from whom a special tax has been received, and the date of said payment, etc. Also, House bill No. 1006, entitled an act to create a Board of five Commissioners for the county ot Wash- ington, and for other purposes. Proper notice of intention to apply for the passage of said bill having been published, as required by law. 'fhey have also had under consideration Senate bill No. 152, to be entitled an act to require the owners of property, whether real, personal or mixed, to give in and pay the tax upon the same in the county where the property is located, kept or used, which bill they recommend do pass, as amended, by them. Also, House resolution No. 225, relieving J. .A. Gresham, former Tax-Collector of Banks county, from certain penalty, which resolution the committee recommend do not pass. Respectfully submitted. N. L. HuTCHINs, Chairman, Leave of absence was granted to Mr. Howell, of Lowndes, for a few days after Saturday next. On account of physical inability to serve, at his request, Mr. Hanks was relieved from serving on the committee to investigate the fees paid to the Attorney-General in railroad tax cases. The special order for the day, a bill to provide for the completion ot the geological, mineralogical and physical survey of the State, and to turn over all specimens, books, etc., to the State .University, was taken up. THURSDAY, 00TO:BER 2, 1879. 1773 Mr. Luffman moved to recommit the bill with in- structions. The motion was lost. The report of the committee was agreed to. Mr. Adams called for the yeas and nays on the pas- sage of the bill. The call was sustained. Before the call of the roll was completed, Mr. Adams, by consent of the House, withdrew the bill. The next special order was taken up, to-wit: A bill to amend the act regulating the leasing out of penitentiary convicts of this State, and to provide for the better inspection, management and control of the convicts of this State, and for other purposes. The substitute reportAd by the special committee for the original bill was taken up by sections for amendment. The substitute, as amended, was adopted, and the report of the committee, as amended, was agreed to. Mr. Phillips, of Cobb, moved to postpone the further consideration of the bill till Saturday. Lost. Mr. Luffman moved that the House go into the Committee of the Whole. Lost. This being a bill which appropriates money, the yeas and nays were ordered. Mr. Oliver called for the previous question. The call was sustained, and the main question ordered. On calling the roll the vote was as follows : Those voting in the affirmative ~re Messrs.- Adams, Bell, Berry, Brantley, Buchan, Glover, Hall, Hanks, Harris, Harrison, Pope, Prescott, Reese, Riden, Rogers, 1774 Jom~NAL OF THE HOUSE. Burch of Laurens, Butler, Chambers, Chapman, Cook, Cunningham, Daniel, Davis of Baker, Davis of Hon11t.on, Davison, DuBose, Fitz~erald. Ford, Fuller, Garrard, Henderson, Hill, Howell of Lowndes, Janes, Kimsey, Livingston, Mathews, Mitchell, Miller of Houston, Northern, Paine, Paull, Phillips of Carroll, Phillips of Coffee, Polhill, Roney, Shannon, Sikes, Smith of Rntt~, Stricdand of Bryan Strickland of Cline 1, Strother, Toole, Welch, Westbrook, W"heeler, Williams, C. W. Williams, F. J. Yancey. Those voting in the negative are Messrs.- Anderson ef Morgan, Andersoc of Newton, Bennett, Bleckley, Born, Branch, Brintle, Burch of TownR, Butt, Cannon, Cox of Harris. DeLoach, Dickin, Dozier, Duggar, Duvall, Elder, Fletcher, Gammage, Grant, Gray, Greene of Baldwin, Hammond, Hamilton, Harrell, Harp, Hogan, Howell of Picken~, Hudson, Irvine, Ivey, Johnson of Clay Jordan of Crawford, Kendrick, Lang, Luffman, 1\Iaund, McAfee, McConnell, McGouirck, McLucas, ~1c\Vhorter, l\fynatt, Oliver, Park, Those not voting are Messrs.- Patterson, Phiuizy, Pike, Poppell, Redwine, Reach, Rcberts, Russell, Sharman, Sheffiecl of Early, Simms, Smith of . Oglethorpe, 1 Smith of Walton, .. Taliaferro, Tate, Thomas, 'Walton, vVeehunt, Wilcox, Willingham, \Vilson, Zellner. Anderson of Pulaski, Awtry, Barksdale, Barron, Bird, Carr, Clegg, Colley, Collins, Cox of Troup, Crawford, Hulsey, Humber, Hutchins, Johnson of Johnson, Jorpan of Wilkes, Kirby, King, Lamb, McCurry, McDonald, McRae, Phillips of Cobb, Puckett, Rankin, SShcreuf in the county of Pierce and town of Blackshear. The following message was received from his Exnellency, 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 p1escribe the fees of Clerk of the Superior Court for all services required of him ln the appointment of Cornmercal Notaries Public, and for other purposes. Also, an act to fix the amount of license for selling or vending spirituous, intoxicating or malt liquors in the counties of Wayne, Liberty, Cuffee and Appling, in this State, and to prescribe a punishment for any violation of this act, and for other purposes. Also, an act to encourag-e the culture of fish in the natuml and artificial ponds on the plantations of David Dickson, of the county of Hancock, and in the county of Washington, or both, in this State, and for other purposes. Also, an act to regulate the practice in the courts of thib State as to requests to charge the jury. Als.:>, an act to repeal an act, approved February 19, 1876, reducing the corporate limits of the town of Waycross in the county of Ware. Also, an act to Jnovide ior the electivn of Judge of 113 1786 JOURNAL OF THE HoUSE. the County Court of Putnam county, by the qualified voters of said county, and for other purposes. Also, an act to amend an act entitled an act to prohibit the killing of partridges, wild turkeys or deer at certain seasons in the counties of Lowndes, Thomas and Putnam, in this State, approved February 28, 1876, so far as relates to the county of Thomas, and to prohibit the destruction of the nests of partridges and wild turkeys, and to make the proof of the possession of any of the game protected by said prirnafaola evidence of guilt. Also, an act 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 proper docketing of the fl. f'as. in such cases. Also, an act to establish a system of public schools for the city of Cartersville, and to provide for the support and maintainance thereof, and for other purposes. Also_ an act to incorporate the Athens Transfer Railroad Company. Also, an act to incorporate the town of Bellton, in the counties of Ball and Banks, and for other purposes. Also, an act to alter and amend section 1730 of the Revised Code of 1873, by striking out the .vords "a special jury selected from the Grand Jury" and inserting in lieu thereot the words "a jury as in other common law cases." Also, an act to prohibit hunting on the lands or another in the counties of Jones, Montgomery and Tatnall ; to prohibit fishing in the waters on the lands of another in the county of Tatnall, and to provide a punishment therefor. Also, an act for the relief of James L. Fleming, to wit: the withdrawal of his residence and lands from within the 9orporate limits of Summerville of Richmond county, Georgia. :FlU.lLi, OC'J:OBER 3, 1879. 1787 Also, a resolution to authorize Peterson Thweatt to sue the State. The following message >\'"as received from the Senate, through Mr. Harris, Secretary thereof : Mr. Speaker: The Senate has passed the following bills of the House, to-wit: A bill to amend an act to establish a City Court for Atlanta. Also, a bill to make the liqnor license in Tatnall county for all dealers twenty-five hundred dollars. Also, a bill to provide for the incorporation of collegc>s, libraries, and other like organizations, which haYe no capital stock. Also, a bill to repeal an act to clutnge and l'egulate the school system in the counties of "\Vare, Echols, Lowndes, Berrien, Charlton, Dodge and Clinch. Also, a bill to amend an act entitled an act to provide for the paymeut of the fees of the Solicitor-General of the Southern Circuit in cases of misdemeano1 trans. ferred to the County Courts in said circuit, so as to providP- also for the fees of the Clerk and Sheriff. Also, a bill to carry into operation paragraph 4, section 1, article 11 of the Constitution. Also, a bill to repeal an act to reduce the commissions of the Tax-Collector and Receiver of the county of Clay. Also, a bill to repeal an act, approved February 26, 1877, creating a Board of CounLy Commissioners for the county of Ware. Also, a bill to amend an act incorporating the Louisville Branch Railroad Company, and for other purposes. The Senate bas also passed the following Honse bills with certain amendments, in which they ask the concmrence of the House: 1788 JouRNAL oF TIIE HousE. A bill to empower the authorities of the city of Darien to compel wharf owners to keep their wharves in good repair. Also, a bill to repeal an act to better prevent the sale of intoxicating liqtwrs within the corporate limits of the town of "\Vhitesbnrg. The Senate refuses to recede from its amendments to the House bill to carry into effect paragraph 2, section 18, article 6 of the Constitution, so as to provide for the revision of the jury box ; and agrees to a committee of conference, and has appointed on the part of the Senate Messrs. McDaniel, DuBose and Clements. Mr. Harris, chairman of the special committee to investigate the claim of Hon. James A. Greene, submitted the following report : Mr. Speaker: The committee, the undersigned who were appointed by your honorable body to take into consideration the memorial of Hon. James A. Greene, of the county of Baldwin, touching a fee of 810,844.54 pint resolution of the General Assembly of Georgia, acts 1876, page 411, the following : Resolved by the General Assembly of the State of Georgia, That whereas a resolution is now pending in Congress to re-open and correct the settlement of accounts between the United States and the several States foundPd on advances by the States for the prosecution of the war of 1812, and pay-rolls and other papers show that Georgia is entitled to be paid the sum of $130,000 iu this behalf, and before the late civil war Col. James FRIDAY, OCTOBER 3, 1879. 1~89 A. Greene, of Milledgeville, was appointed agPnt of the State of Georgia in this matter, and still has the papers in his hant.s connected therewith ; therefl)le the agency of the said James A. Greene is hereby renewed with authority to settle finally with the United States, eithPr in the Court of Claims, or otherwise, and to receive and receipt for all moneys found due the State of Georgia for advances of money, clothing, or other valuables in any former war of the United States, and shall be com- pensated therefor out of any sums he may actually re- cover at such rate and amount as the Governor may nllow: Provided, that no other sum shall be liable for his compensation or expenses, but that actually recov- eren by him for the State. [Signed] THOl\rAS HARDEMAN, JR., Speaker House Representatives. T. J. SIMMONS, President Senate. J A:liES M. SMITH, Governor Your committee report that they have failed to discover any rt"peal .of' the resolution of the General Assembly above mentioned, and in view of that fact are of opinion that at the time of the appointment of W. 0. Tuggle, Esq., by Governor Colquitt, as agent of the State of Georgia for the collection of certain claims against the general government, which was subsequent to the date of the resolution above referred to, that the Hon. James A Greene was the legally qualified agent of the State of Georgia. Section 3815 of the Code declares that all resolutions are public laws. In the absence of any public law or resolution upon this subject, it may ba true that the Governor of the State has the power to appoint, especially for an emergency; but in the face of such a resolution unrepealed, we are clearly of the opinion that the Governor bad no power to make the appointment in question. 1790 J o rTJtNAL OF THE HOUSE. The language of the resolution of 1876 is broad enough, and does include, in our judgment, the claim collected by W. 0. Tuggle, Esq.; in fact, the language of that resolution is as broad as can be made. The agency is renewed as to the tresevant claim with authority to settle with the United Stat~s, either in the Court of Claims, or otherwise, and to receive and receipt for all moneys found due the State of Georgia, for adva.nres for clothing, moneys, or other valuables in any former wars of the United States. This certainly does not refer to any war formf>r to the war of 1812, for there was but one such war, to-wit, thH R~=>volutionary war, and the Ron..James A. Greene, by rHsolution of Decr>mber 11, 18!'58, of the General Assembly of Georgia, hail already bef.'n appointed the agent to collect that claim. That was th~> tre~vant claim, and ht> was to be allowed 25 -per cent. upon whatever he might recover. This claim was the only one which the State of Georgia had against tbe United States guvernment prior to 1R12; therefore the resolution of 1876, in using the language: "Any former war" could not have referred to that alone. Greene's power, as to that claim, was clear and broad, and the joint resolution of 1876 did not, in our opinion, and could not have referred to that war. The language of the resolution of 1876, by using the languap;e: "Any former war" mnst mean any war previous to the -passage of the resolution. It enlarged State his powers, viz. : to col1ect all moneys due the from any former wars, and it fix,~d his compensation, instea(l of 25 per cent., as in th(~ resolution of 1858, in regard to the Revolutionary, or trt>svant claim, at such rate or amluntas the Governor may determine. It enlarged his powers and made a new contract. It may be true, as stated by his Excellency A. H. Colquitt, in his m.,ssage to tht> Gt>neral Assembly, that FRIDAY, OcTOBER 3, 1879. 1791 the resolution of 1876 stated which was not correct, namely: That James A. Greene had previously been appointed an agent for the State of Georgia for claims growing out of the war of 1812. Still, the resolution was so broad in its terms that it clearly included that war as well as all other wars prior to its passage, and the reason for the appointment was stated in the resolution, "because a resolution was then pending in Congress to re-open and correct the s.~ttlement of accounts between the United States and tile several States, etc." By reason then of this pending resolution in Con gress the importance of havinQ' an agent duly and legally appointed to represent the State in all such mattPl'S was felt by the Legislature of 1876, and James A. Greene was appointed with full power to act, ani whether the claims were for the original SllmS due by the general government, or whether for interest. d ne upon the same, or both, can make no difference. The money collected by "\V. 0. Tuggle, Esq., was for an amount found due upon re-opening and correcting the sPttlement of accounts between the United States and the State of Georgia as to the war of 1836, 1837 and 1838, as to a mistake of interest ; still it was a war claim, and a claim as to a war former to the resolution of 1876 appointing Greene. His Excellency further says in the message which was referred to your committee that the Hon. James A. Greene was elected a Representative from the county ot Baldwin on the 5th day of December, 1tl77, and that his election as such revoked the agency under the resolution of 1876. "\Ve have examined the letters as copied in the memorial of Hon. James A. Greene referred to us, be- 1792 JOURNAL OJ! THE HoUSE. tween himself and his Excellency, but fail to find this point raised against him. 'l'he first appearance or mention of this objection was made by his Excellency after the memorial was introduced into the General Assembly, and in response to the resolution of inquiry, and we think it technical, and not at all meeting the merits of this question. In reply to it, however, we are clearly of the opinion that the election of Greene as a Representative from Baldwin did not revoke the agency conferred upon him by the resolution of the General Assembly of 1876. Article 3, section 4, paragraph 7 of the Constitution of 1877 (which 1epeals all laws in conflict with it) is in these words : "Nor shall any Senator or Representative, after his qualification as such, be elected by the General Assembly, or appointed by the Governor, etc." Greene was not appointed after his qualification as a member. He was appointed by the General Aesembly in 1876. He was qualified as a memb...r of the present General Assembly in the year 1878. Besides this, we do not think this provision of the Constitution intended to include such an agency as Gre~-:ne' s, namely: For the collection of money ; the adjustment of an account, or agencies or ap-pointments of that character. It evidently refers to an office with specified functions and duties with, perhaps, a fixed salary or perqnisites, and not such an agency as this. If tllis position of his Excellency be true an attorney or agent who happens to be employed by the Governor in the prosecution of a claim, could not be elected to the General Assembly afterwards and before the termination of the agency. Code, 129--4cited by his Excellency does not apply in this case, for Greene is not an officer of the Unit.Pd States, or an officer of either of tile other several States, nor is he an officer ol any foreign State. Neither dot'S section 1:-34-4 of the Code apply, FRIDAY, OcTOBER 3, 1879. 1~93 for Mr. Greene was placed in no such position of ineligibility, and no tribunal has so declared. Section 135 and 7 of the Code, also cited in the message, cannot apply, because the evidence before us shows that he had not abandoned the agency-that he had not ceased to perform its duties, but on the contrary, had appointed with him sub-agents in the city of Washington in proving his various claims, and that l:.e had been to Washington upon the business of these claims. It is true that with this l'>articular claim collected by W. 0. Tuggle, Esq., he (Greene) does not appear to have had anything to do, but he says that he was only appointed in the year 1876, and that it requires much time and attention to bring forward the proofs as to any claim against the government. The servicrs performed by W. 0. Toggle, Esq., to the State of Georgia, we agree with those members of Congress whose letters have been submitted to us, was active and efficient, and we think he is entitled to the thanks of the people of the State for the results obtained. At the same time it is to be regretted that when the money was paid into the Treasury of the State the settlement and payment of the fees of the contestants had not been postponed and the matter referred to the Legislature. Had this course been pursued by his Excellency there would have been no complaint perhaps by either, and the dispute fairly and equitably adjusted to the satisfaction of both. Each of these gentlemen, in our judgment, have rights ; the one a clear; legal right to the agency in question, the other an equitable right for compensation for money actually collected and paid into the Treasury, and in view of the fact that a full and ample fee has been paid exclusively to ,V. 0. 'fuggle, Esq., in justice to the tax-payers of the State, we cannot recom- 1794 JoURNAL OF THE HOUSE. mend that another fee be drawn from the Treasury for the compensation of Hon. James A. Greene, but propose to leave the contestants to the courts of the country. It being in our judgmf'nt important that the q uestion should be settled as to which of these gentlemen is now the agent of the State for the further prosecution of these claims against the United States Government, as there is certainly a conflict between the two, and without at all deciding their respective merits as claim agents, we recommend that the Hon. James A. Greene be recognized as the agent of t~1e State of Georgia, because he was first appointed by a joint resolution of the General Assembly, the same never having been repealed. It is trne that the resolution of the General Assembly of 1876, appointing the Hon. James A. Greene, left it to the discretion of the Governor as to the amount of compensation to be paid in case of a recovery, but in our opinion a sound, legal construction of this power means that the Governor should have the right to fix the rate of percentage to be paid in case of recovery, and that it does not mean that the Governor should have the power or discretion to refuse all com pensation whatever. To refuse any compensation under such a power would be to violate and abuse the discretion lodged in the Governor, wl1ich was never contemplated by the language of the resolution; that l:mguage means, evidently, a sound legal discretion, and not an arbitrary one. So that, in our opinion, the fact that the resolution of 1876 was worded in this way does not affect the legal 1ight to the agency in question, for if Greene had actually collected this money without the aid of J\fr. Tuggle, and paid it into the Treasury, in our judgment, the Governor could not have arbitrarily FRIDAY, OCTOBER 3, 1879. 1795 refused to pay him any compensation whatever, but would have been bound, in that event, to have paid him a fair, reasonable compensation. His Excellency, in his message responding to the resolution of inquiry concerning: the memorial of Hon. James A. Greene and the Tuggle fee, cites several instances of appointments of claim agents by former Executives of the State, but we apprehend that it will not be claimed by any one chat in the cases alluded to there had been any previous appointment by act or resolution of the General Assembly, as in the case now under consideration. An Executive, in the absence of such action, and in a case of importance or emergency, may, perhaps, have such power, but in our opinion he clearly has not, whilst there is standing unrepealed upon the statute book au act or resolution having the force and effect of a public law. In conclusion, we recommend the adoption by the the Gen~>ral Assembly of the accompanying resolution. CHARLES J. HARRis, Chairman; Ron-r. C. Hu::~mER, H. T. HoLLIS. The following resolution was read the first time: Resolved by the House of Representat-ives ofthe State of Georgia, the Senate conc'ltrring, That the agency of the Ron. James A. Greene, of the county of Baldwin, as appears from a joint resolution of the General Assembly of the year 1876, in reference to the collection of certain claims of the State of Georgia against the governmPnt of the United States, is hereby reaffirmed, the same never having been repealed, and that the Ron. James A. GreenE>, of the county of Baldwin, be hereby recognized as the agent of the Stat~ for the collection of said claims. 1796 JoURN.AL O.F THE HoUSE. The following bills were taken up, and the Senate amendments concurred in, to wit : A bill to carry into operation paragraph 4, section 1, article 11 of the Constitution. Also, a bill to repeal an act to better prevent the sale of intoxicating liquors within the corporate limits of the town ot Whitesburg. On motion of Mr. McvVhorter, three hundred copies of the report submitted by the special committee on the memorial of Hon. James A. Greene were ordered printed, and the resolution reported by said committee was then referred to the Committee on the Judiciary. On motion of Mr. Davis, of Houston, the House insisted on its disagreement to the Senate amendment, acceded to the request of the Senate for a committee of conference on the following bill, to- wit : A bill to carry into effect paragraph 2, section 18, ar ticle 6 of the Constitution, so as to provide for the revision of the jury box, and for other purposes. On motion of Mr. Humber, the resolution fixing Friday, the lOth of October, as the day for adjournment sine die, was taken up. Mr. vVestbrook moved to amend by striking out "Friday, the lOth instant, and inserting "Saturday, the 18th inst., or sooner if practicable." Mr. Livingston called for the previous question. The call was sustained, and the main question ordered. The amendment was not adopted. Mr. King moved to lay the resolution on the table, which motion prevailed. -Mr. Harrison offered a resolution fixing the hours of meeting and adjournment, which was read and referred to the Committee on Rules. By consent, .Mr. Cannon introduced the following FRIDAY, OcTOBER 3, 1879. 1797 resolution, which was read the first time and referred to the Committee on the Judiciary, to-wit: A resolution- With reference to the assignment of long term, able bodied convicts. Mr. King moved to suspend the rules for the purpose of having a resolution taken up and read the second timP. Motion lost. Mr. Russell introduced the following resolution, which was read and referred to the Committee on Rules, to-wit: A resolution- Limiting speeches to five minutes each. 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 amend section 1832 of the Code. Also, an act to carry into effect paragraph 5, section 12, article B of the Constitution of Georgia. Also, an act to define who are agents of insurance companies not incorporated by or under the laws of this State, and to fix their liability when acting without authority of law. Also, an act to prohibit the retail of spirituous liquors, except for medical or mechanical purposes, in the county of Morgan. Also, a resolution in reference to the opening of the Chattahoochee River. The Speaker announced the following committee of 1798 JOURNAL OF THE .l:i.OUSE. conference on House bill No. 633, to- wit: Davis, of Houston, Zellner and Phillips, of Cofte~. The special order for the day, the bill to regulate and restrict the rate of interest in this State, was taken up. Mr. Westbrook offered certain amendments, so as to make the limit 10 per cent instead of 8. Mr. Reese called for the previous question on t~1e bill and the pending amendments. The call was sustained, and the main question ordered. Mr. Daniel called for the yeas and nays on the amendments. 'fhe call was sustained, and on calling the roll the vote was as follows : 'fhose voting "in the affirmative are :Messr-3.- Adams, Anderson of l\forgan, Branch, Brantley, Chambers, Chapman, Collins, Cook, Cox of Harris Davison, Fitzgerald, Fletcher, Ford, Fuller, Hammond, Harrell, Harrison, Henderson, Hill, Hogan, lvey, Mathews Maund, ' l\lynatt, 1'\isbet, Patterson, Perkins, Philliprl of Carroll, Phinizy, Polhill, Prescott, Roney, Russe'l, Smith of Butt!!, Smith of \\'alton, Turner of Brook~, \Vestbrook, Williams of Columb1a, Williams, C. W. Those voting in the negative are Messrs.- Anderson of Newton, Awtry, Bell, Bennett, Berry, Bleckley, Born, Brintle, Burch of Towns, Butler, Butt, ()annon, Carr, Hanb, Harp, Hollis, Howell of Lowndes, Hudson, Irvine, Janes, Johnson of Clay, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Phillips of Coflee Pike Poppell, Puckett, Rankin, Redwine, Reese, Riden, f{oach, Roberts, Rogers, Shannon, Simms, FH.IDAY, OcTOBll:H 3, 1879. 1799 Cunningham, Daniel, DeLoach, Dickin, Dozier, Duggar, Dupree, Duvall, Elder, Grant, Gray, Glover, Greene of Baldwin, Hall, Hamilton, Lang, Livingston, Luffman, 1\IcA,ee. l\fcCol'nell, McDonald, l\IcGonirck, McWhorter Mitchell, Nocthern, Oliver, Park, Paull, Phillips of Cobb, Those not voting are Messrs.- Strickland of Bryan, Strothe":", Taliaferro, Tate, Thomas, \Valton, Vveehunt, Welch, w~.eeler, Wl.COX, Williams, F. J. \Vright, Yancey, Zellner. Anderson of Pulaski, Barksdale, Barron, Bird, Buchan, Burch of Laurens, Clegg, Colley, Cox of Troup, Crawford, Davis of Baker, Davis of Houston, DuBose, Farnell, Fort, Gammage, Garrard, Greene of Madison, Yeas, 3fl. Nays, 82. Not voting 53. Harris, Howell of Pickens, Hulsey, Humber, Hutchins, Johnson of Johnson, Jordan of Wilkes, Lamb, McCurry McLucas, .i\fcRae, .Miller of Houston, :Miller of Liberty, l\filner, Paine, Peacock, Pope, Scruggs, Rharman, Sheffield of Early, Sheffield of Miller, Sibley, . Sikes, Smith of Oglethorpe, Strickland of Clinch, Taner, Tatum, Toole, Turner of Coweta, wVaic.nk: \Valters, Willingham, \Vilmot, Wilson. So the amendment was not adopt~ d. By unanimous consent Mr. Hall was allowed to offer a substitute for the fourth section of the bill. The substitute was not adopted. Mr. MevVhorter called for the yeas and nays on the question of the passage of the bill. The call was sustained, and on calling the roll the vote was as follows : 1800 JOURNAL OF THE HoUSE. Those voti.ag in the affirmative are M~ssrs.-- Anderson of Newton, Awtry, Bell, Bennett, Berry, Bleckley, Born, B1:tnch, Bantley, Brintle, Burch of Laurens, Burch of Towns, Butt, c_nnon, Carr, Chapman, Colley, Cunningham, .vaniel, Davis of Baker, Davis of Houston, DeLoach, Duggar, Dupree, Elder, Fletcher, Ford, Fort, Fuller, Gammage, Grant, Gray, Glover Gree.1e of Baldwin, Greene of Madison, Hall, Hamilton, Hank~, Harrell, Harp, Henderson, Hollis, Howell of Lowndes, I. utchins, Irv:ne, Janes, Jol nson of Clay, Jorda1 oi Crawford, Kimsey, King, Kirby, Li,ingston, Luflinan, 1\IcAfee, McConnell, l\IcLueas, 1\Ic Who_ter, ~rtchell, Oliver, Pari., Patterson, Perki'ls, Phillips of Cobb Phillips of Coffee, Phinizy, Pike, Poppell, Prescott Puc! ett Rankin, Redwine Reese, Riden, Roach, Roberts, Shannon, Simms, Smith of Walton Str:ckland of Bryan,j Strother, Taliaferro, 'I ate, Thoma~, weehunt, Welch, " 'estbrook, 'Vheeler, Wilco Williams of Columbi Williams, F. J. Yance;, Zellner. Those voting in the negative are Messrs.- Adams, Anderson of Morgan, Chambers Cox of Harris, Oavison, Dickin, Dozier, DuBose, Fitzgerald, Hammond F. arris, Harrison, Hill, Hogan, Hudson, Ivey, Kendrick, Lang, l\Iathews, 1\Iannd, l\IcDonald, J.\IcGour:ck, :Miller of Houston, l\ ynatt, Nisbet, Paull, Those not voting are Messrs.- Ptlacock, Phillip~> of Carroll, Pol hill, RHoon.".,eerys,' Sharman, Smith of ButtK, Turner of Brooks, ' V a l ton, Williams, C. W., Wilson Wright. Anderson of Pulaski, Barksdale, Barron, Bird, Hulsey, H u m be.-, Johnson of Johnson, Jordan of Wilke~,l Sheffield of Miller, Sibley, Sikes Smith of Oglethorpe, Fm DAY, OcToBElt 3, 1879. 1801 Buchan, Butler, Clegg, Collins, Cook, Cox of Troup, Crawford, Duvall, Farnell, Garrard, Howell of Pickens, Lamb, McCurry, 1\fcRae, l\1iller of Liberty, Milner, Northern Paine, Pope, Russell, Scruggs, Sheffield o. Early Yeas 91. Nays 38. Not voting 45. Strickland of Clinch, Tarver, Tatum, Toole, Turner of Coweta, Vick, Wall, 'Valters, Willingham, Wilmot. So the bill was passed by the necessary con~titu tional majority. On motion of Mr. Westbrook, the rules were suspended and the following bill read the third time and passed by the requisite constitutional majority, as amended; yeas 90, nays none, to-wit: A bill to require J udgfls of the Superior Co nrt to give in charge to the Grand Jury in each county where a convict camp is located all the laws respecting the inspection, management and control of the convicts, and to authorize the Grand Jury to appoint a commission composed of menbers of its own body, and other, to prescribe the duty of such commission, and to prescribe the duties of such commission. Mr. Turner, of Brooks, chairman of the Committee on the .Tudiciary, snbmitted the following report : Mr. Speaker : 'fhe 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 for the compensation of Auditors. Also, a bill to be entitled an act fixing the license fees for the sale of spirituous, intoxicating and malt 114 1802 J 0 n~NAL OF THE HOUSE. liquors in the county of Pierce and town of Black:>hear in said county, 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 named bill. The committee have also had under consideration . th1 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 prescribe the time for serving declarations at common law ; provide for appeals from the verdict of one jury to another; prescribe the manner of trying other issues, and for other purposes. The committee have also had under consideration the following bills, which they recommend do not pass, to-wit : A bill to be entitled an act to carry into effect section 18, paragraph 2, of article 6, of the Constitution of 1877, and to vrovide for the drawing of juries, and the regulation of the jury system. Also, a bill to be entitled an act to carry into effect section 5, of article 2, of the Constitution of this State. Also, a bill to be Entitled an act to provid~=~ for the drawing of juries and the summoning of tales jurors where the jury boxes have not been revised according to law, and also to lt>galize certain drawings of juries, and summoning of tales jurors heretofore done. Also, a bill to be entitled an act to prohibit the running of passenger and express trains by railroad companies or other persons or associations on the Sabbath day, and to prescribe penalties theretor. Also, a bill to be entitled an act to prescribe what shall form the issue on claims, illegalities and other like defenses, to the final processes of the court ; and FRII.:.l.Y1 OCTOBER 9, 1819. 1803 what proof oa.n be introduced in such cases, and torepeal all con:flicting laws. Also, a bill to be entitled an act for the relief <.. f Thomas L. Latterstedt nom all pains and penalties by reason of a second marriage. Respectfully submitted. H. G. TuRNER, Chairman. The following leaves of absence were granted to Messrs. McLucas, Howell of Pickens, Dicken, Dozier, Toole, Wheeler and Hulsey. Th~ House then adjourned till 8:80 o'clock :P.M., to- day. 9:30 O'oLoc:tt P. M. The House reassembled, and was called to order by the Speaker. By permission of the House, the following bill was withdrawn, to-wit: A bill to presoribe fees of Sheriffs in certain cases, and for other purposes. The special order, the bill known as the Penitentiary bill, was taken up. Mr. Livingston moved that the House go into the Committee of the Whole. The motion prevailed, and the House went into Committee of the \-Vhole. :1\ir. Yancey, chairman of the Committee of the Whole Rouse, submitted the following report: Mr. 1!/pealuJ'I': The Committee of the Whole House have had under consideration the following bill, to-wit: A bill to perfect the present convict lease system of 1804 JOU'RlfAL OF TliE HOUSE. this State, and to provide for the better inspection, management and control of the convicts of this State, and lor other purposes. They have instructed me to report that they have made some pro5ress, and ask leave to sit again. Mr. Hall offered the following resolution, whlch was read and agreed to~ to-wit: A resolution- That bills unfavorably report on be read only by their titles, unless the reading is demanded. The following communication was read and ordered 1pread upon the Journal, to-wit: BAVAWNAH, GA., October 2. 1879. Tka Honorable A. 0. Bacon, Bpeali:ar qf tlte House qf Re:preiJenf.afiues, (}enaral A.s&emlJly qf GtJorgia: SxR-I have the honor to acknowledge the receipt of a copy of the resolution of the House of Representa.tives, tendering me its thanks for copies of " The Life and Services of Commodore Josiah Tatnall," presented by me to the members of the House and its oflicers. I very highly appreciate the oompliment oonveyed to me by the resolution. Very respectfully, J Dl!llf R. F. 0. TATWALL. The following bills were read the second time, to-wit: A bill to provide for the compensation of Auditors. Also, a bill fixing the license fees for the sale of spirituous, intoxicating and malt liquo1-s in the county of Pieroe, and town of Blaokshe.a.r, in sa.id oounty, and for other purposes. The House then adjourned till 9 .A. M. to-morrow. SATURDAY, OoToaER 4, t8'i9. 1805 ATLANTA. GEOJ'GIA, Saturday, October 4, 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.- Anderson of Morgan, Anderson of Newton, Awtry, Barksdale, Bell, Bennett, Berry. Blec.-ley, Born, Branch, Brantley, Brintle, Burch of Laurens, Burch of Towns, Butt, Cannon, Carr, Chambers, Chapman, Colley, Collins, Cook, Cox of Harris, CGx of Troup, Crawford, Cunningham, Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, Dozier, DuBose, Duggar, Dupree, Duvall, Hall, Hammond, Hamilton, Hanks, Harrell, Harp, Harris, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey, Janes, Johnson of Johnson, Jordan of Crawford, Jord?n of Wilkes, Kendrick, Kimsey. King, Kirby, Lang, Livingston, Luffman, Mathews. Maund, McAfee, McConnell, McDonald, McGouirck, Patterson, Peacock, Perkins, PhiWps of Car1oll, Phillips of Coffee, Phinizy, Polhill, Pope, Poppell, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Rol\ey, Russell, Scruggs, Shannon, Sharman, Sibley, Sikes, Simms, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Strickland of Bryan~ Strickland of Clinch, Strother, Taliaferro, Tate, Thomas, Turner of Brooks, Tur.ner of Coweta, Vic!!:, "Valton, 1806 JOURNAL OF THE HOUSE. Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Grant, Glover, Greene of Ba.dwin, Greene of Madison, McLucas, McWhorter, Miller of Houston, Miller of Liberty, Milner, Mitchell, Myr?.tt, Nisbet, Northern, Oliver, Paine, Park, 'rhose absent were Messrs.- Adams, Anderson of Pulaski, Barron, Bird, Buchan, Butler, Clegg, Garrard, Gray, Johnson of Clay, Lamb, McCurry, McRae, Paull, Phillips of Cobb, Pike, Prescott, Puckett, Sheffield of Early, Present, 146. Absent, 28. Weehunt, welch, Wilcos:, Williams of Columbia, Williams, C. W. Williams F. J. Willingham. Wilmot, wilson, Yancey, Zellner. Sheffield of Miller, Tarver, Tatum, Toole, Wall, Walters, \Vest brook, \Vheeler, Wright. Mr. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and ap proved. Th8 Journal was then read and confirmed. The following leaves of absence were granted to Mr. Hamilton, Mr. Zellner, Mr. Rogers and Mr. Butler. On motion of Mr. Rankin, House bill No. 236 was taken from the ta,ble and placed in its order on the calendar. The House went into Committee of the Whole House. Mr. Yancey, chairman of the Committee of the "'\Vhole House, submitted the following report: MT. Speaker: The Committee of the Whole House have had under consideration the following bill : A bill to perfect the present convict lease system of SATURDAY, 00TOBER 4, 1879. 1807 this State, and to provide for the better inspection, management and control of the convicts of this Stnte. Thq have instructed me to repm-t the bill back with the recommendation that it do pass by substitute, as amended. Mr. Smith, of Oglethorpe, offered an amendment, which was adopted. Mr. Oliver called for the previous question. The call was sustained, and the main question or de red. This being a bill for the appropriation of money! the yPas and nays were required to be recorded, and on calling the roll tb.e vote was as follows : Those voting in the affirmative are Messrs.- Adams, Anderson of Morgan, An1erson of Newton, Awtry, Berry, Bleckley, Born, Bra 1ch, Bl<''ltley, Brintle, Burch of Towns, Butt, Cannon, Chapman, Colley, Collins, Co : of Harris, Crawford, Cunningham, Davis of Baker, Davis of Houston, Duggar, Dupree, Elder, Fort, Fuller, Gammage, Glover, Green of Baldwm, Hall, Hanks, Henderson, Howell of Lowndes, H.1dson, Hutchins, Irvine, I ey, Janes, Kendrick, Kirby, Lang, Livingston, Mathews, McAfee, Mille of Houston, Mitchell, Nisbet, Northern, Paine, Patterson, Paull, Peacock, Perkins, Phillips of Carroll, Phillips of ('..obb, Phillips of Coffee, Polhill, Pope, Poppell, Prescott, Redwine, Riden, Roger,::, Russell, Scruggs, Shannon, Sikes, Smith of Butt, Strickland of Clinch, Strother, Taliaferro, Thomas, Weehunt, Westbrook, Wright, Yancey, Those voting in the negative are Messrs.- Bell, Bennett, Burch of Laurens, Chambers, Hollis, Humber, Johnson of Clay, Jordan of Crawford, Rankin, Roch, Roney, Sharman, 1808 JouRNAL OF THE HousE. Davison, DeLoach, Duvall, Fitzgerald, Fletcher, Ford, Garrard, Grant, Hammond, Harp, Harrison, Hogan, Kimsey, King, Luffman, Maund, McConnell, McDonald, l'l[cGourick, McvVhorter, Oliver, Phinizy, Pike, ThiJse not voting are Messrs.- Anderson of Pulaski, Barksdale, Barron, Bird, Buchan, Butler, Carr, Clegg, Cook, Cox of Troup, Daniel, Dickin, Doz;er, DuBose, Farnell, Gray, Greene of Madison, Hamilton, Harrell, Harris, Hill, Howell of Pickens, Hulsey, Jo'lnson of !ohnson, Jorc'!an of Wilkes, Lamb, McCurry, McLucas, McRae, Miller of Liberty, Milner, Mynatt, Park, Puckett, Reese, Yeas 76. Nays 46. Not voting 52. Simms, Smith of Oglethorpe Smith of Walton, Strickland of Bryan, Tate, Walton, Wilcox, Williams, C. W. Williams, F. J. Wilson, Zellner. Roberts, Sheffield of E rlv Sheffield of Miller, Sib1ey, Tarver, Tatum, Toole, Turner of BrookFt, Turner of Coweta, Vick, Wall, Walters, Welc.h, Wheeler, Williams of Columb a, Willingham, Wilmot. So the necessary constitutional majority not having voting in the affirmative, the bill was lost. Mr. Yancey moved to suspend the rules for the pur pose of taking up a bill for second reading. The motion did not prevail. Mr. Hall moved to suspend the rules for the purpose of reading House and Senate bills unfavorably reported on the second time. The motion prevailed. The following message was received from the Senate, through W. A. Harris, Secretary thereof: SATURDAY, OcToBER 4, 18'79. 1809 Mr. Speaker: The Senate has passed the following House bills, to-wit: .A. bill to amend section 3845 of the Code. Also, a bill to repeal an act to consolidate the offices of Sheriff and Tax-Collector, of Clerk of the Superior Court and Receiver, and of Ordinary and Treasurer of the county of Calhoun. Also, a bill to appropriate money to defray the expenses of the 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, in North Carolina. .Also, a bill to appropriate a sufficient amount of money to pay the expenses incurred by the special committee to investigate the office of ComptrollerGeneral. Also, a bill to appropriate money to defray the expenses of the committee to investigate the State Treasury. Also, a bill to authorize the Ordinary of Milton county to borrow money to build a Court-House. Also, a bill to authorize the Governor to sell and convey to the city of Atlanta certain property of the State. The Senate has also passed the following House bills, with certain amendments, in which they ask the concurrence of the House : A bill for the protection of game and birds in the county of Bibb. Also, a bill to prescribe the compensation of the Secretary of the Senate, and Clerk of the House of Representatives. The Senate has passed the House bill to make it a felony for the President or other officers of any bank 1810 JouRNAL o.F THE HousE. to fail to pay the depositors, by a substitute, in which they ask the concurrence of the House. Mr. Livingston, chairman of the Committee on Agriculture, submitted the following report : Mr. Speaker: The Committee on Agriculture have had under consideration the following Senate bill, which they recommend do pass, to- wit : A bill to be entit1ea an act 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, and for other purposes therein named. Also, the following House bill, which they recommend do pass, to-wit: A bill to be entitled an act to create a lien on mares and their colts in favor of owners of stallions and jacks under certain circumstances, and for other purposes. They have also considered the following House bill, which they recommend do not pass, to-wit: 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 Campbellton road, in the county of Douglas, in the State of Georgia. Respectfully submitted. L. F. LIVINGSTON, Chairman. The following message was received from his Exr.ellency, 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 amend an act entitled act to create a Board . Constitution; to define lobbying, and prescribe a penalty therefor. Also, a bill to be entitled an act to provide for the holding of elections relative to the incurring of any new debt by any county, municipality, corporation or di- vision of the State, in compliance with the Constitution, article 7, section 7. Also, a bill to be entitled an act to carry into effect paragraph 1, section 7, article 7 of the Constitution of 1877, so as to provide how debts may be incurred by counties and municipal corporations, and the manner of holding elections to determine the same. Also, a bill to be entitled an act to authorize the Gov- S.ATURDA Y, OCTOBER 4, 1879. 1813 ernor of this Sta~e to appoint AssPssors to act with Assessors appointed by the land owners, and to condemn property for a site for a State Capitol. Also, a bill to be entitled an act to declare invalid, illPgal, null and void certain wild land fi.fas. transferred by the late Comptroller GPneral, and also to declare null and void all sales of wild lands in this State, made untler and by virtue of said wild land fl. fas. Also, a bill to be entitled an act to repeal all laws and resolutions granting State aid to theNortheastern Railroad Company. Also, a bill to be entitled an act to organize a County Court for the county of Clinch, in this State; to define its jurisdiction, and to make applicable to the same certam provisions of the Code of 1870, and for other purposes. Respectfully submitted. H. G. TuRNER, Chairman. The report of the committee adverse to the passage of the bill, on each of the following bills, was agreed to, and the bill lost, to-wit: A bill to carry into effect section 18, paragraph 2, article 6 of the Constitution. Also, a bill to amend an act to regulate and restrict the rate of interest in the State. Also, a bill to provide for the registration of voters in all general elections. Also, a bill to re-establish the right of appeal from one jury to another. Also, a bill to amend section 4155 of the Code of 1873. Also, a bill to carry into effect section 5, article 2 of the Constitution. Also, a bill to carry into effect paragraph 6, section 2, article 1 of the Constitution. Also, a bill to authorize the Governor to draw his 1814 J OURN.A.L OF THE HoUSE. warrant on the Treasurer for $4'14.55 to pay vV. P. Howell & Co. for publishing wild land sales. Also, a bill to prohibit banks, etc., from contracting for or receiving more than lawful interest. Also, a bill to compensate physicians for post mortem examinations. Aiso, a bill to fix the limitation for all suits and pleas for the recovery of usury paid to four years. Also, a bill to regulate the granting of license to re. tail spirituous liquors in the State of Georgia. Also, a bill to provide for drawing juries where the boxes have not been revised. Also, a bill to regulate Constables' s tles, and for other purposes. Also, a bill to define the crime of lobbying, and providt> for the punishment of the same. Also, a bill to carry into effect paragraph 5, section 2, article 1 of the Constitution. AI so, a bill for the relief of John Harris, by reason of suretyship on the bond of Isaac P. Harris. Also, a bill to cany into effect article 7, section 13 and paragraph 1 of the Constitution. Also, a bill to abolish County School Commissioners in this State. Also, a bill to amend section 4372 of the Code. Also, the following Senate bills, to. wit: A bill to repeal s<>ction 4528 of the Code of 187H. Also, a bill to amend section 3694 of the Code of 1870. Also, a bill to provide for the cancellation of the record of deeds m:1de to secure debts, mortgages and liens required by law to be record~d in the Clerk's office of the Superior Court. Also, a bill to defin8 the mode of fixing the times of monthly sessions of Justices of the Peace and Notaries Public. SATURDAY, Ool'OBER 4, 1879. 1815 Also, a bill to amend an act to change the fiscal year, so the same shall begin on the first da.y of October and end the 30th day of September, approved December 16, 1878 . .Also, a bill to repi'al an act to repeal section 4323 of the Code, approved December 16, 1878. Also, a bill to provide for the recording of deeds and other writiugs under which title or right to realty is claimed, etc. Also, a bill to make it a penal offense to poison any domestic animal. Also, a bill to amend section 4373 of the Code of 1873. Also, a bill to define the crime of being a tramp, and provide a punishment. Also, a bill to regulate the practice in the Superior, City, and other courts, in cases where the cause of action is sup~>rior to the right of homestead. Also, a bill to provide for the more speedy hearing of cases in which the State is a party plaintiff in the courts of this State. Also, a bill to define and regulate the jurisdiction of county and other inferior courts. Mr. Wilson, chairman of the Committee on the Penitentiary, submitted the following report: Mr. Speaker: The Committee on the Penitentiary have had under consideration the following resolution, to-wit: A resolution- Authorizing and directing the Governor to instruct the Principal Keeper of the Penitentiary to deliver to the Cartersville and Van "\Vert (now Cherokee.) Railroad Company, Jrom the convicts of the State, a force sufficient to. complete the grading of said railroad, and 1816 JouRNAL O.l!' THE HousE. recommend that the same be ref~rred the Committee on the Judiciary. J. M. WILSoN, Chairman. On motion of 1\Ir. Wilson the resolution above mentioned was referrt>d to the Committee on the Judiciary. The following bills were withdrawn, to-wit: A bill to authorize the issue of bonds by cities for the redemption of bonds now outstanding. Also, a bill to provide for the more just and economical cports were agreed to and the bills lost, to- wit : A. bill to induce immigration by exempting certain property from taxation. Also, a bill to provide for the levying of a tax on Gypsies. Also, a bill to regulate and restrict the rate of interest in this State. Also, a bill to reassert and maintain the supremacy of the laws of Georgia. Also, a bill to provide a remedy for a misdescription of the persons in indictments for adultury, etc. SATURDAY, OCTOBER 4, 1879. 1821 Also, a bill to appropriate money to improve the In- stitute for the Deaf and Dumb at Cave Spring. .Also, a bill to alter and define the fees of Justices of the Peace and Notaries Public. .Also, a bill to change the line between Dougherty and Baker. .Also, a bill to prescribe more definitely the manner of collecting the county tax due from railroad compa- nies in this State. .Also, a bill to provide for holding elections r6lative to the incurring of any new debt by any county or municipal corporation. .Also, a bill to define the duties of Judges of the Superior Courts of this State. .Also, a bill to add lot of land No. 338, in the fourth district of Calhoun county, to the county ot Clay. Also, a bill to relieve Reuben T. .Foote, a minor of the county of Clay. 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 make it illegal after January 15, 1880, for the Judge of any City Court in this State to hold any municipal office or appointment in the city where such court is held. The following bills were withdrawn, to-wit: .A bill to amend section 787 of the Code of Georgia. .Also, a bill to prohibit any person or firm from paying off laborers in checks, scrip or evidence of debt at higher prices than current cash rates. .Also, a bill to preserve the right of trial by jury in cases for personal damages against corporations. 1822 J(HT~NAL oF THE HousE. Also, a bill to repeal an act to prescribe the mode of granting license to sell liquor in the 1104th district, Chattahoochee county. The following bill was laid on the tablP-, to-wit: A bill to amend section 1445 of the Code of Geor gia. The report of the committee adverse to the passage of the following bill was disagreed to, and the bill read the second time, to-wit: A bill to appropriate money to the State University to rebuild the college at Dahlonega. On mtion of Mr. Yancey, this bill was made the special order for Tuesday next, at 10 o'clock A. 1\r. The following b1ll was taken up, to-wit: A bill to provide compensation for Magistrates and Constables in criminal cases. Mr. Reese cal1ed for the yeas and nays on the motion to agree to the report of the committee. The call was sustained, and on calling the roll the vote was as follows : Those voting in the affirmative are Messrs.- Brantley, Brintle, Chambers Cook, Cox of Harris, DaviR of Houston, DuBose, Dupree, Fitzgerald, Ford, Fuller, Glover Greene of Madison, Harp, Harrison, Hog~tn, Hollis, Hudson, Irvine, Jordan of Crawford, Kendrick, Kirby, Lang-, Luffman, Mathews, J\1c Whorter, Miller of Houston, ~Iitchell, Mynatt, Northern Paull, Phillip~ of Carroll, Phinizy, Sharman, Sikes, Smith of Walton Strickland of Bryan, Strother, Tate, Thomas, Welch, Westbrook, Williams, C. W., Those voting in the negative are Messrs.- Anderson of M01gan, Anderson of Newton, Bell, Berry, Fletcher, Garrard, Greene of Baldwin, Hammond PhillipR of Coffee, Pol hill, Pope, Poppell, SATURDAY, OCTOBER 4, 18?9. 1823 Bleckley, Burch of Laurens, Burch of Towns, Butt, Carr, Chapman, vaniel, Davis of Baker, navison, DeLoach, Duggar, Duvall, Elder, Harrell, Hill, Ivey, KimRey, McAfee, McConnell, McDonald, McGourick, Oliver, Paine, Patterson, Peacock, Phillips of Cobb Reese, Riden, Roney, RusRell, Scruggs, Shannon, Smith of Butts, Turner of Brooks, Walton, 'Veehunt, Wilcox, Yancey. Those not voting are Messrs.- Adams, Anderson of Pulaski, Awtry, Barksdale, Barron, Bennett, Bird, Born, Branch, Buchan, Butler, Cannon, Clegg, Colley, Collins, Cox of Troup, Crawford, C1mningham, Dick in, Dozier, Farnell, Fort, Gammage, Grant, Gray, Hall, Hamilt{)n1 Hanks, Harris, Henderson, Howell of LowndeF, Howell of Pickens, Hulsey, Humber, Hutchins, Janes, Johnson of Clay, Johnson of Johnson, Jordan of WilkeR, King, Lamb, Livingston, Maund, McCurry, McLucas, McRae, Miller of Liberty, 1\filner, Nisbet, Park, Perkins, Pike, Prescott Puckett Rankin, Redwine Roach, Roberts, Rogers, Sheffield o. Early Sheffield of Miller, Sibley, Simms, Smith of Oglethorpe, Strickland of Clinch, Taliaferro, Tarver, Tatum, Toole, Turner of Coweta, Vick, Wall, Walters, Wheeler, Williams of Columbi , Williams, F. J. Willingham, Wilmot. Wilson Wright, Zellner. Yeas 43. Nays 50. Not voting 81. . So the report of the committee was disagreed to, and the bill read the second time. Mr. Shannon moved to adjourn till 9 A. 1\. on Monday next, which motion prevailed, and the House ad- journed till 9 A. 11r. no Monday. 1824 JoUR:'fA.L OF TRE HousE. ATLANTA, GEORGIA, Monday, October 6, 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, Anderson of 1\lorJI'an, Anderson of Ne\Vton, Awtry, Barksdale, Barron, Bell, Bennett, Berry, 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, Daniel, Davis of Baker, Davio of Houston, Davison, DeLoach, Dozier, DuBose, Duggar, Dupree, Duvall, Hall, Hammond, Hamilton, Hanks, Harrell, Harp, Harr1s Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson. Hulsey, Humber, Hutchins, Irvine, Ivey, Janes, Johnson of Clay, .Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Livingston, Luffman, Mathews, Maund, McAfee, McConnell, McDonald, McGouirck, :1\IcRa.e, Phillips of Carroll, Phillips of Cobb, Phlllips of Coffee, Phinizy, Pike. Pol hill, Pope, Poppell, Prescott, Rankin, Redwine Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sheffield of Miller Sikes, Simms, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Stricklar.d of Bryan, Strickland of Clinch, Strother, Taliaferro, Tarver, Tate, Thomas, Toole, Turner of Brooks. Turner of Coweta, MoNDAY, OoTOBER 6, 187~. 1825 Elder, Fitz~?erald. Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray, Glover, . Greene of Baldwin, Greene of Madison, McWhorter, Miller of Houston, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Patter8on, Paull, Peacock, Perkins, Walters, Walton, Weehunt,: Welch, Westbrook, Wilcox Williams, C. W. Willingham, Wilson, Wrigllt, Yancey, Zellner. Those absent were Messrs.- Anderson of Pulaski, Bird, Buchan, Clegg, Cunningham Dickin Farnell, Johnson of Johnson, Jordan of Wilkes, McCurry, 1\fcLucas, Miller of Liberty, Park, Puckett, Sibley, Tatum, Vick, Wall, Wheeler, Williams of Columbia, Williams, F. J. Wilmot. Present 152. Absent22. 1\fr. Harrell, from the Committee on Journals, reported the Journal of Saturday examined and approved. The Journal was then read and confirmed. Mr. Russell presented a memorial from G. W. Garmany, which was referred, without being read, to the Committee on Privileges and Elections. On motion of Mr. Paine, the rules were suspended and the joint resolution to pay the expenses of members sent as an escort to the remains of Senator Clements to his home, was taken up. The House went into the Committee of the Whole House. Mr. Roney, chairman of the Committee of the 'Vhole House, submitted the following report : 1826 JOURNAL OF TIIE HOUSE. Mr. Speaker : The Committee of the Whole House have had under consideration the following joint resolution, to-wit: A resolution- To pay the expenses of certain members of the Senate and House sent as an escort to the remains of Senator Clements. They have instructed me to report ths resolution back with the recommendation that it do pass, as amended. The report of the committee was agreed to. The resolution was read the third time, and on the question of the passage Qf the resolution 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, Anderson ef Morgan, Andersl'r: of Newton, Awtry, BarkRdale, Barron, Bell, Bennett, Berry, Born, Branch, of Brantlev, Rurch Laurens, Burch of TownR, Butler, Butt, Cannon, Carr, Chambers, Chapman, (olley, Collins, Cook, Cox of Harris. Daniel, Davis of Baker, DadR of Hou~t'ln, Davison, Greene of Madison, Hall, Hammond, Hamilton, Hanks, Harrell, Harp, Harrison, Henderson, Hill, Hogan, Hudson, Hu!Rey, Humber, Hutchins, Irvine, Ivey, Janes, Johnson of Clay, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lamb, Lan~~;, Livingston, Luftinan, Northern, Oliver, Paine, Patterson, Paull, Peacock, Phillips ol Carroll, Phillips of Coffee, Phinizy, Polhill, Poppell, Prescott, Rankin, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Shannon, Sharman, Sikes, Simms, Smith of Butt~. Stric'dand of Bryan Strickland of Clinch. Strother, MoNDAY, OcTOBER 6, 1879. 1827 DuBose, Duggar, Dupree, Duvall Elder, Fitzgerald. Fletcher, Ford, Fuller, Gammage, Grant, Gray, Glover, Mathews, Maund,. McAfee, McConnell, :McDonald; 1\IcGouirck, :\feRae, 1\Ic \Vhorter, Miller of Houston, Mitchell, Mynatt, ~isbet, Taliaferro, Tate, Thoma!!, Turner of Brook~, \Valters, \Valton, \Veehnnt, \Velch, "'ilcox, Williams, C. W. Wilson, Yancey. Those not voting are Messrs.- Ar..derson of Pulaski, Bird, Bleck ley, Brintle, Buchan, Clegg, Cox of Troup, Crawford, Cunningham, DeLoach, Dick in, Oozier, Farnell, Fort, Garrard, Greene of Baldwin, Harris, Hollis, Howell of Lowndes, Hmvell of Pickens, Johnson of Johnson, Jordan of \Vilkes, McCnrry, 1\IcLucas, 1\Iiller of Liberty, Milner, Park, Perkins, Phillips of Cobb, Pike, Pope, Puckett, Redwine, Scruggs, Sheffied of Early, Sheffied of Miller, Sibley, Smith of Oglethorpe, Smith of Walton, Tarver, Tatum, Toole, Turner of Coweta, Vick, Wall, \Vest brook, \Vheeler, Williams of Columbia, Williams, F. J. Willingham, Wilmot, Wright. Zellner. Yeas 121. NaysOO. Not voting, !'i3. So the necessary constitutional majority having voted in the affirmative, the resolution was agreed to. On motion of Mr. Northern, the rules were suspended for the purpose of taking up House bill No. 956. On motion of Mr. Northern, the House went into Committee of the "\Vhole. Mr. Colley, chairman of the Committee of the vVhole Honse, submitted the following report : Mr. Speaker : The Committee of the "\Vhole House have had under consideration the following bill, to-wit: 1828 JouRNAL oF THE HousE. A bill"to enlarge the facilities for education furnished by the State University of Georgia, by creating a new school to be a part thereof, and to be known as the Georgia State Normal College. 'fhey have instructed me to report the bill back with the recommendation that it do pass, as amended. The report of the committee was agreed to. Mr. Phillips, of Carroll, called for the previous question. The call was sustained, and on the passage of the bill, it being one to appropriate 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, Anderson of Morgan, Awtry, Barksdale, Bennett, Beny, Blcckley, Branch, Brantley, Butler, Butt, Carr, Chambers, Chapman, Colley, Collins, Cook, Cunningham, Daniel, Davis of Houston, DuBose, Duvall, Elder, Fitzgerald, Fort, Gammage, Garrard, Grant, Green of Baldwm, Greene of Madison, Hall, Hammond, Hamilton, Hanks, Harrell, Harp, Harrison, Henderson, Hill, Hudson, Hulsey, Humber, Irvine, lvey, Janes, Johnson of Clay, Kimsey, Lamb, Lang, Livingston, McDonald, 1\1cGourick, Mynatt, Northern, Oliver, Paine, Patterson, Peacock, Polhill, Pope, Riden, Roach, Rogers, Roney, Russell, Scruggs, Shannon, Strickland of Bryan, Strother, Thomas, Turner of Coweta, Walters, Walton, Weehunt, Welch, Vvestbrook, Williams, C. W. Wright, Yancey, Those voting in the negative are Messrs.- Barron, Bell, Born, Glover, Pogan, Jordan of Crawford, Phinizy, Poppell, Prescott, MONDAY, OCTOBER 6, 1879. 1829 Brintle, Burch of Laurens, Burch of Towns, Cannon, Cox of Harris, Davison, DeLoach, Duggar, Dupree, Fletcher, Ford, Fuller, Gray, Kendrick, King, Kirby, Luffman, llaund, McAfee, McRae, Miller of Houston, Paull, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Th'Jse not voting are Messrs.- Anderson of Newton, Anderson of Pulaski, Bird, .Buchan, Clegg, Cox of Troup, Crawford, Davis of Baker, Dickin, Dozier, Farnell, Harris, Hollis, Howell of Lowndes, Howell of Pickens, Hutchins, Johnson of ~ohnson, Yeas 78. Nays 46. Not voting 50. Jordan of Wilkes, Mathews, McConnell, McCurry, McLucas, McWhorter, Miller of Liberty, Milner, Mitchell, Nisbet, Park, Pe.-kins, PiKe, Puckett, Redwine, Reese, Rankin, Roberts, Sharman, Sikes, Simms, Smith of Butts, Smith of Wait on, Strickland of Clinch, Taliaferro, Tate, Wilcox, Wilson, Sheffield of Erlv. Sheffield of Miller, :Sibley, Smith of Oglethorpe Tarver, Tatum, Toole, Turner of BrookR, Vick, Wall, wheeler, Williams of Columba, Williams, F. J, Willingham, Wilmot, Zellner. So the necessary constitutional majority not having voted in the affirmative, the bill was lost. The following message ,,as received from the Senate, through Mr. Harris, Secretary thereof: .Mr. Speaker: The Senate has passed the following House bill, by substitute, and I am instructed to transmit the same to the House forthwith: A bill to consolidate, amend and superceC:e the sev 1830 JouRNAL OJ! THE Romm. eral acts incorporating the town of Senoia, in the county of Coweta. Mr. Paine, chairman of the Committee on Enrol,ment, submitted the following report : Mr. Speaker: The Committee on Enrollment report as duly enrolled, and ready for the signature of the Speaker or the House of Representatives, the following acts, to wit: .An act to amend an act incorporating the Louisville Branch Railroad Company, and for other purposes. Also, an act to carry into operation paragraph 4, section 1, article 11 of the Constitution of this State. Also, an act to repeal an act entitled an act to reduce the commissions of the Tax-Collector and Tax-Receiver for collecting county tax for Clay county, and to repeal an act to reduce the commissions of County Treasurer for said county, both acts approved :B.,ebruary 28, 1876. .Also, an act to amend an act entitled an act to establish a City Court in the city of Atlanta, approved December 15, 1871, approved February 25, 1874, so as to provide that the Judge of said court shall receive a salary of two thousand dollars per annum. Also, an act to amend an act entitled an act to provide for the payment of the fees of the Solicitor-General of the Southern Circuit of this State in cases of misdemeanor transferred to the County Courts in said circuit, and for other purposes, so as to provide for the fees of Clerk of the Superior Court and Sheriff of the county of Brooks in said cases. Also, an act to repeal an act entitled an act to better prevent the sale of intoxicating liquors within the corporate limits of the town of Whit1: sburg, and for other purposes. Also, an act to repeal an act entitled an act to chango and regulate the school system in the counties of 'Vare, :MONDAY, 0Cl'OBEB 61 1879. 1881 Eohols, Lowndes, Berrien, Charlton, Dodge and Clinch in certain particulars, approved February 15, 1877, so far as applies to Dodge county. Also, an act to make the liquor license in Tatnall county for all dealeH twenty five hundred dollars per annum, and for other purposes. Also, an act to repeal an act approved February 26, 18'l7, creating a Board of c:ounty Commissioners for the connty of Ware. Also, an act to regulate the practice in cases of writs enjoining Sheriffs' sales. Also, au act to authorize the Ordinary of :Milton county to borro\v money to build a. Court--House. Also, an act to amend section 3845 of the Code of 1879, in referPnce to pay of non resident witnesses for the Stab:>, and for other purposes. Also, an act to authorize the Governor to sell and convey to the city of Atlanta certain property of the State of Oeorgia on Spring street, in said city, for street purposes. Also, an act to appropriate money to defray the exlJenses of tb~ special committee of nine on the inve:3tigation of the State '!'reasury. Also, 1.n act to appropriate money to defray the expenses of the special committee appointed to investigatp the conduct of the Comptroller-General, and for othBT purposes. Also, an act to appropriate money to defray the expenses of a survey of the State line between Georgia and North Carolina. Also, an a.ot to amend an act entitled an act to prevent the burning of gin-houses in this State:,..by offering a rewa.rd for the apprehension of incendiaries, and for other purposes. Also, an act to repeal an act entitled an act to con solidate the offices of Sheriff and T~x Collector, of 1899 ,mm. JOUBNAL OF TlDI Clerk of the Superior Court and Tax-Receiver, and of Ordinary and Treasurer in the county of Calhoun, ap proved February 95, 1875, and for other purposes. W. W. PAINE, Chairma.n. llr. Mynatt, chairman of the Committee on Corpor ations, submited the following report: Mr. I!JpetiJcrR: The Committee on Corpomtions have had under considera.tion a. bill to be entitled an act to amtond an act aha.rtering the Board of Trustees of Mt. V ~rnon Institute, and incorporating the town of Riddlesville, in Washington county, Georgia, approved December 17, 1859, and creating a new Board of Commissioners, giving them certain privileges, etc., and for other purposes, whioh has been advertised prior to the introduction thereof as a local bill, a.nd which they recommend do pass, as amended. Respected submitted. P. L. MYNATT, Chairman. Upon motion of Mr. Fort, the foilowing bill was to.ken up o.nd read the third time, to wit : A bill to declare the true intent and meaning of the 1st and 18th sections of the bill to a.uthorize the lease or sale of the Macon and Brunswick Railroad, and to confer certain chartered powerlil upon said lessees, eta., approved September 8, 1879. The substitute proposed by Mr. Fort was o.dopted, and the report of the committee, as amended, was agreed to, and the bill pa.saed, by substitute, by therequisite ctnstitntional majority; yeas 90, nays 51 and was ordered at once transmitted to the Sena.te. On motien of Mr. Phillips, of Cobb, the rules were suspended for the purpose of taking up certain Sena.te bills. MoNDAY, OcTOBER 6, 1879. 1833 The following Senate bill was then taken up, and read the third time ; the re-port of the committee was agreed to, as amended, and then Mr. Carr 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, Awtry, Barksdale, Barron, Bell, Berry, Bleckley, Born, Branch, Brantley, Burch of Laurens, Burch of Towns, Butt, Cannon, Carr, Chapman, Colley, Collins, Cook, Cox of Harris, Cunningham, Davis of Baker, Davison, DuBose, Duggar, Dupree, Duvall, Elder, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Gray, Glover, Greene of Ba1dwin, Hall, Hamilton, Harrell, Harp, Hender~on, Hill, Hogan, Ivey, Janes, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Livingston, Luffman, Mathews. Maund, McAfee, McGouirck, McRae, Mitchell. Oliver, Paine, Patterson, Paull, Phillips of CanolJ, Phillips of Cobb, Phillips of Coffee, Phinizy, Pope, Poppell, Prescott, Puckett, Redwine, Reese, Roach, Roberts, Roney, Russell, Scruggs, Shannon, Sharman, Sikes, Smith of Butts, Smith of Walton, Strickland of Clinch, Strother, Taliaferro, Tate, Thomas, 'Valters, Weehunt, Westbrook, Wilcox. Those voting in the negative are Messrs.- Bennett, Brintle, Butler, Daniel, Davis of Houston, DeLoach, Fitzgerald, Grant, 116 Hanks, Harrison, Irvine, Jordan of Crawford, McDonald, Miller of Houston, Rankin, Rogers, :. Simms, Strickland of Bryan 'Walton, Welch', Williams, C. W. Wright. 1834 JouRNAL Ol!' THE HousE. Thos~ not voting are MeJsrs.- Anderson of Newton, Anderson of Pulaski, Bird, Buchan, Chambers, Clegg, Cox of Troup, Crawford, Dickin, Dozier, Farnell, Greene of Madison, Hammond, Harris, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Johnson of Clay, Johnson of Johnson, Jordan of Wilkes, McConnell, McCurry, McLucas, McWhorter, M~ller of Liberty,; Mtlner, Mynatt, Nisbet, Northern, Park, Peacock, Perkins, Pike, Polhill, Riden, Yeas94. Nays 22. Not voting 58. Sheffield of Early, Sheffield of Miller, Sibley, Smith of Oglethorpe, Tarver, Tatum, Toole, Turner of Brooks,. Turner of Coweta, Viclr, Wall, Wheeler, Williams of Columbia, Williams, F. J. Willingham, 'Vilmot, Wilson, Yancey, Zellner. So the necessary constitutional majority having voted in the affirmative, the bill passed, by substitute, and the title is as follows : A bill to carry into effect section 1, paragraph 3 of article 11 of the Constitution, prescribing the manner of changing county lines. The following bill was then taken up, and th~ House concurred in the Senate amendment, to-wit: A bill to consolidate, amend and supercede the several acts incorporating the town of Senoia, in the county of Coweta, ano repeal conflicting laws, and provide for Mayor and Council, and prescribe their powers and duties. The Senate amendments to the following bill were concurred in, to-wit: A bill to prescribe the compensation of the Secretary of the Senate and Clerk of the House of Representatives of this State ; to regulate the appointment of their MoNDAY, OcTOBER 6, 1879. 18 35 assistants, and to provide for their giving bond, as re. quired by the Constitution, and for other purposes. The following Senate bill was read the third time ; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority; yeas 104, nays none, to-wit: A bill to provide for the improvement of the Savan- nah .River. The Committee on Rules submit the following re- port: Mr. Speaker : The Committee on Rules recommend the adoption of the following resolutions: Resolved, That after to-day the hours of the meeting and adjournment of the House shall be as follows : Meet at 9t o'clock A.M., and adjourn at 1 o'clock P.M. Meet at 3t o'clock P.M., and adjourn at 5 o'clock P.M. Meet at 8 o'clock P. M., and adjourn at 10 o'clock P. M. Resolved, That on all questions, whether in .the House or in the Committee of the Whole, each member shall be limited to five minutes in debate. A. 0. BACON, H. G. WRIGHT, H. G. TuRNER, R. L. McWHoRTER, vVM. M. HAMMoND, Committee. On motion of Mr. Wright, the resolutions reported by the committee were adopted. Leaves of absence were granted to Mr. Williams, of Columbia, Mr. Hudson and Mr. Harris. By a two-thirds vote, yeas 90, nays none, the follow- ing bill was introduced, read the first time, and referred to the Committee on Finance, to-wit : 1836 JoURNAL OF THE HOUSE. By Mr. Mitchell- A bill to create a Board of Commissioners of Roads and Revenue for the county of Taylor, define their powers and duties, and for other purposes. The House then adjourned till 3:30 o'clock P.M., to- day. 3:30 0' CLOCK P. 1\L The House reassembled, and was called to order by the Speaker. On motion of Mr. Nisbet, the following bill was taken up and the Renate amendment to the 5th section disagreed to, and the 3d Senate amendment concurred in, to-wit: A bill for the protection of game in the county of Bibb. By a two-thirds vote, yeas 92, nays none, the following bill was introduced, read the first time, and referred to the Committee on the Judiciary: By Mr. DuvallA bill to authorize the Cumming Manufacturing Company to borr-ow money on bond and mortgage or other security. By a two thirds vote, yeas 100, nays none, the following bill was introduced, read the first time, andreferred to the Committee on the Judiciary, to-wit: By Mr. Turner, ot BrooksA bill to prevent seining in Piscola Creek in the county of Brooks. The report of the committee adverse to the passage of the bill, on each of the following bills, was agreed to1 and the bills lost, to-wit: A bill to authorize the Tyler Cotton Press Company to construct a railroad to the Central Railroad. MoNDAY, OaTOBER 6, 1879. 1837 Also, a bill to authorize the United Hydraulic Cotton Press Company to construct a railroad to connect with the Central Railroad. Also, a bill to authorize the J\fayor and Aldermen of Savannah to assess damages for paving streets. Also, a bill to sim-plify and expedite the trial of civil cases. Also, a bill to repeal section 6 of an act, approved J\farch 2, 1874, amendatory of an act to establish a County Board of Commissioners for the county of Bibb. Also, a bill to amend section 327 of the Code of 1873. Also, a bill to provide the manner of abolishing Boards of Commissioners of Roads and Revenues. Also, a bill for the rPlief of Philip Phillips, of Washington, D. C. Also, a bill to p,.ovide for the election of Judges and Solicitors of City Courts by the Legislature. Also, a bill to authorize the Comptroller-General to pay W. J. T. Hutcheson certain fees for collecting State tax. Also, a bill to define slander, and prescribe punishment therefor. Also, a bill to define and punish tramps. Also, a bill to authorizejemes covert to act as executrix, etc. Also, a bill to authorize the citizens of Worth county to abolish the present county site. Also, a bill to repeal an act to authorize cities and towns to compromise their bonded debt. Also, a bill to amend the charter of the Etowah and Battle Branch Hydraulic Mining Com-pany. Also, a bill to prohibit volunteer military companies from drilling on Sunday. 1888 JOURN.A.L OF THE HoUSE. Also, a bill to incoporate the Columbus Schuetzen Park. Also, a bill to prevent and punish betting on elections in this State. Also, a bill to declare certain persons competent witnesses, etc. Also, a bill to extend the provisions of an act in regard to the catching of fish in Chatham county with seines. Also, a bill to better enforce and carry into effect the election laws of this State. Also, a bill to amend section 2965 of the Code of 1873. Also, a bill to carry into effect paragraph 1, section 7, article 7 of the Constitution of 1877. Also, a bill to compensate Dunlop & Dickson for public printing. Also, a bill to reduce the commissions of t~e TaxReceiver and Tax-Collector of Gilmer county. Also, a bill to repeal an act prohibiting the sale of spirituous liquors within the town of Norcross, approved March 4, 1874. Also, a bill to amend an act to prohibit the sale of intoxicating liquors within a certain distance of the depot at Duluth. Also, a bill to supplement the act with reference to appeals in Justices' Courts. Also, a bill to amend section 3698 of the Code of 1873. Also, a bill to amend sections 43B7 and 4388 of the Code of 187H. Also, a bill to provide for compensation of G. M. T. McLeod for services as School Commissioner of Montgomery county. Also, a bill to repeal an act to prevent the sale of liquor in the 223 and 225th Districts, Georgia Militia, in Oconee county. MoNDAY, OcTOBER 6, 1879. 1839 Also, a bill t& render more efficient and economical the office of State School Commissioner. Also, a bill to allow administrators to keep the estates of their intestates together from year to year, when approved by the Ordinary. Also, a bill to provide for the payment of insolvent cost to Justices of the Peace and Constables. Also, a bill to give the Ladies' Memorial Association of Americus money enough to remove the Confederate dead from Andersonville. The following bills were, by permission, withdrawn, to-wit: A bill to amend an act to extend the jurisdiction of J ustioes of the Peace and Notaries Public in criminal oases in certain counties, approved February 28, 1877. Also, a bill to amend an act to consolidate the offices of Sheriff and Tax-Receiver, Clerk and Collector in Oconee county. Also, a bill to prescribe fees for Jurors, Magistrates and Constables in Justices' Courts. Also, a bill to authorize J. B. Watson to erect gates on the road leading from Aderhold's Ferry to the Campbellton road. Also, a bill for the relief of James B. Huff. Also, a bill to allow Joseph Lichtenstein to peddle without license. On motion of Mr. MeWhorter, the rules were suspended and the bills for a third reading taken up. The following bill was read the third time; the report of the committee, was agreed to, and the bill passed, as amended, by the necessary constitutional majority; yeas 90, nays 12, to-wit: A bill to amend section 1416 of the Code of 1873, which relates to the practice of dentistry. The following bill was read the third time ; the report of the committee was agreed to, to-wit: 1840 JOURNAL O.F THE .fiOUSE. A bill to provide for a uniform assessment of railroad property in this State, and for the collection and return of taxes thereon. Mr. Fort called for the yeas and nays on the question of the passage of the bill. The call was sustained. Mr. Harrison raised the point of order, that no member who was absent from the Hall during the calling of the roll could vote. The Speaker ruled the point well taken. On motion of Mr. Livingston, the rule was suspended for this purpose. On calling the roll the vote was as follows : Those voting in the affirmative are Messrs.- Anderson ofMorgan, Anderson of Pulaski, Awtry, Barksdale, Barron, Bell, Bennett, Branch, Brantley, Brintle, Burch of Laurens, Burch of Towns, Butt, Cannon, Carr, Chambers, Chapman, Colley, Collins, Cox of Troup, Cunningham, Davis of Baker, Davison, DuBose, Duggar, Dupree, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Glover, Green of Baldwin, Hanks, Harrell, Harp, Hill, Hogan, Hulsey, Humber, Janes, Jordan of Crawford, Kimsey, King, Lamb, Livingston, Mathews, McAfee, McConnell, Mynatt, Northern, Patterson, Paull, Peacock, Phillips of Carroll, Phillips of Coffee, Poppell, Prescott, Puckett, Rankin, Reese, Riden, Roach, Rogers, Roney, Scruggs, Shannon, Sharman, Sikes, Simms, Smith of Butts, Smith of Walton, Strickland of Clinch, Strother, Taliaferro, Thomas, Turner of Brooks, Walters, Walton, Westbrook, Wilcox, Wilson, Wright, MoNDA.Y, OcTOBER 6, 1879. 1841 Those voting in the negative are Messrs.- Berry~ B1eckley, Cox of Harris, Daniel, DeLoac11, Duvall, Elder, Fitzgerald, Hall, Harrison, Henderson, Irvine, Ivey, Johnson of Clay, Kendrick, Kirby, Lang, Luffman, McDonald, 1\{cGourick, Mc\Vhorter, Miller of Houston, Those not voting are Messrs.- Paine, Phillips of Cobb, Phinizy, Polhill, Russell, Strickland of Bryan, Tate, Welch, Williams, F. J. Yancey, Adams, Anderson of Newton, Bird, Born, Buchan, Butler, Clegg, Cook, Crawford, Davis of Houston, Dickin, Dozier, Farnell, Gray, Greene of Madison, Hammond, Hamilton, Harris, Hollis, Howell of Lowndes, Howell of Pickens, Hudsor, Hutchins, Johnson of !ohnson, Jordan of Wilkes, 1\Iaund, McCurry, McLucas, McRae, Miller of Liberty, Milner, Mitchell, Nisbet, Oliver, Park, Perkins, Pike, Pope, Redwine, Roberts, Sheffield of Early, Sheffield of Miller, Sibley, Smith of Oglethorpe Tarver, Tatum, Toole, Turner of Coweta, Vick, Wall, Weehunt, Wheeler, Williams of Columbia, Williams, C. W. Willingham, Wilmot. Zellner. Yeas 85. Nays 32. Not voting 57. So the necessary constitutional majority not having voted in the affirmative the bill was lost. On motion, the House then adjourned till 9 A.. M:. tomorrow. 1842 JOURNAL O.F THE HOUSE; ATLANTA, GEORGIA, Tuesday, October 7, 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 an. swered to their names : Those present were Messrs.- Adams, Anderson of Morgan, Anderson of N e Nton, Anderson of Pulaski, Awtry, Barksdale, Barron, Bell, Bennett, Berry, Bleckley, Born, Branch, Brantley, Brintle, Bnchan, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Carr, Chambers, Chapman, Colley, Collins Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham Daniel, DaviA of Baker, Davis of Houston, Davison, DeLoach, Dicltin, Grant, Gray, Glover, Greene of Baldwin, Greene of Madison, Hall, Hammond, Hamilton. Hanks. Harrell, Harp, Harrison, Henderson, Hill, Hogan, How>11 of Pickens, Hulsey, Humber, Hutchins, Irvine, Ivey, Janes, Johnson of Clay, .Tordan of Crawford, Kendrick, Kimsey, King, Kirby, Lamb, Lango, Livingston, Luffman, Mathews, Maund, :M:cA.fee, 1\fcConnell, McDonald, Paull, Peacock, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Polhill, Pope, Poppell, Prescott, Puckett, Rankin, Redwine Reese,. Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sikes, Simms, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Stricklar.d of Bryan, Strickland of Clinch, Strot.her, Taliaferro, Tarver, Tate, Thomas, Turner of Brooks. Turner of Coweta, TUESDAY, OoroBER 7, 1879. 1843 Dozier, DuBose, Duggar, Dupree, Duvall, Elder, Fitzgerald. Fletcher, Ford, Fort, Fuller, Gammage, Garrard, McGouirck, McRae, McWhorter, Miller of Houston, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Those absent were Messrs.- Bird, Clegg, Farnell, Harns Hollis, Howell of Lowndes, Hudson. Johnson of .Johnson, Jordan of Wilkes, McCurry, McLucas, Miller of Liberty, Perkins, Pike. Sheffield of Early, Sheffield of Miller j Sibley, Present 149. .Absent25. Walters, Walton, Weehunt,' Welch, Westbrook, Wheeler, Wilcox~ Williams, C. W Williams, F. J. Wilson, Wriglit, Yancey, Tatum, Toole, Vick, Wall, Williams of Columbia Willingham, Wilmot, Zellner. Mr. Buchan; from the Committee on-Journals, reported the Journal of yesterday examined and approved. The 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 resolu tion to pay the expenses of members of the General Assembly, sent as an escort to the remains of Senator Clements. 'rhe motion prevailed. Mr. Northern moved to reconsider so much of the Journal as relates to the action of the House upon a bill to establish a State Normal College. The motion prevailed. Mr. Rankin moved to reconsider so much of the Journal as relates to the action of the House upon a 1844 JoURNAL OF THE HOUSE. bill to provide for the uniform assessment of railroad property for taxation. The motion prevailed. Mr. Paull moved to reconsider so much of the Jourual as relates to the action of the House upon the resolution fixing hours of meeting and adjournment. The motion prevailed. Mr. Paull then offered a substitute, which was amended and adopted, ana is as follows : Meet at 8! A.M., and adjourn at 1 P.M.; meet at 3 .1:'. M. and adjourn at 5 P.M. Mr. Cook moved to suspend the rules for the purpose of taking up House bill No. 956, and putting it upon its passage. The motion prevailed. On motion of Mr. Yancey, the special order was postponed until after the pending bill is disposed of. Mr. Oliver called for the previous question. The call was sustained, and the main question ordered. The yeas and nays were required to be recorded, this being a bill to appropriate money, and on calling the roll the vote was as follows : Those voting in the affirmative are Messrs.- Adams, Anderson of :M:organ, Anderson of Newton, Anderson of Pulaski, Awtry, Barksdale, Bell, Bennett, Berry, Bleckley, Branch,.d Brantley, Buchan, Butler, Butt, Carr, Chambers Elder, Fitzgerald, Fort, Gammage, Garrard, Gr..nt, Greene of Baldwin, Hammond Hamilton, Hanks, Harrell, Harrison, Henderson, Hill, Howell of Pickens, Hulsey, Humber, Mitchell, Mynatt, Northern Oliver, Paine, Park, Patterson, Peacock, Polhill, Pope, Poppell, Rankin, Reese, Roach, Roney, Russell, Scruggs, TUESDAY, OCTOBER 7, 1879. 1845 Chapman, Colley, Collins, Cook, Crawford, vaniel, Davis of Baker, Davis of Houston, DeLoach, Dickin, DuBose, Dupree, Duvall, Irvine, Ivey, Janes, Johnson of Clay, Kendrick, Kirby, Lamb, Lang, Livingston, McAfee, 1\'IcDonald, McGourick, Milner, Shannon, Strickland of Bryan, Strother, Turner of Coweta, Walters, Walton, Weehunt, Welch, Westbrook, Williams, C. W., 'Vilson Wright, Yancey. Those voting in the negative are Messrs.- Barron, Brintle, Burch of Laurens, Bur.:h of Towns, Cannon, Cox of Harris, Cunningham, navison, Duggar, Fletcher, Ford, Fuller, Gray, Glover Harp, Hogan, Jordan of Crawford, King, Lufiinan, Mathews, Maund, l\fcConnell, l\filler of Houston, Paull, Phillip~ of Carroll, Phillips of Cobb Phillips of Coftee, Phinizy, Prescott Puc~ett Redwine Riden, Roberts, Sharman, Sikes, Simms, Smith of Butts, Smith of Walton Strickland of Clinch, Taliaferro,l Turner of Brooks, Wheeler, Wilcox, Will"ams, F. J. Those not voting are Messrs.- Bird, Born, Clegg, Cox oi Troup, Dozier, Farnell, Gr' me of Madison, Hall, Harris, Hollis, Ho .vell of Lowndes, Hudson, Hutchins, Johnson of Johnson, Jordan of Wilke.') Kimsey, l\1cCurry, McLu.:as, l\fcRae, ~fc,Vhorter, Mil'er of Liberty, Nisbet, Perkins, Pike, Rogers, Sheffield o. Early Sheffield of Miller, Yeas 90. Nays 44. Not voting 40. Sibley, Smith of Oglethorpe, Tarver, Tate, Tatum, Thomas, Toole, Vick, Wall. 'Villi'ams of Columbia, Willingham, Wilmot. Zellner. So the necessary constitutional majority having vo- 1846 JOURNAL OF TR.E HoUSE. ted in the affirmative, the bill was passed, and the title is as follows, to-wtt: A bill 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 CollegA. Mr. Westbrook moved to suspend the rules for the purpose of taking up the bill ''to provide for the uniform assessment of railroad property for taxation." The motion did not prevail. The following message was received from the Senate through Mr. Harris, the Secretary thereof: M1. Speaker : The Senate has passed the following House bills, to-wit: A bill to be entitled an act granting right-of- way to the Cincinnati Southern Railway where its route adjoins that of the Western and Atl'antic Railroad. Also, a bill to be entitled an act to establish the Middle Georgia Military and .Agricultural College, with certain amendments in which the concurrence of the House is asked. Mr. Dicken, chairman of the special committee to investigate the office and accounts of the State School Commissioner, submitted the following report: Mr. Speaker : The special committee, appointed by the House of Representatives, "to investigate the office and accounts of the State School Commissioner," submit the following report: The C(Jnstitution of 1868 provided that the poll-tax, together with any educational fund then belonging to the State-except the endowment and debt due to the State University-or that might hereafter be obtained TuESDAY, OcTOBER 7, 1879. 1847 in any way, a special tax on shows and exhibitions, and on the sale of spirituous and malt liquors, and the proceeds for commutation for military service, were to be set apart and devoted to the support of common schools. It was further provided, that if at any time the amount thus set apart should prove insufficient, the General Assembly should have power to levy such geneml tax upon the property of the State as would be necessary flr the support of said school system. An act of the General Assembly, approved August 23, 1872, added to this fund one-half the rental of the Western and Atlantic Railroad, making an aggregate annual appropriation of about three hundred thousand dollars. The Constitution of 1877 embodied the act of August 23, 1872, in its provisions for school purposes, and added to the fund provided for in the Constitution of 1868, all taxes that may be assessed on such domestic animals, as from their nature and habits are destructive to other property. The General Assembly has not seen fit, as yet, to impose such additional tax, and there has been nothing added to the general school fund by these provisions. We find that the fund arising from these different sources has been equitably distributed, by the apportionment of the Commissioner, among the various countiPs of the State. Formerly this distribution was made by executive warrant upon the treasury, based upon the Commissioner's apportionment, which apportionment was computedupon an enumeration made by the County School Commissioners, giving the number of children of school age entitled to the benefits of the fund. This plan of payment was found unnecessarily expensive, as it required all the funds of the State to 1848 JOURNAL OF THE HoUSE. be first concentrated in the treasury, and then to be drawn upon warrants and returned to the various localities from which they had been received. Upon the recommendation of the Commissioner, the General Assembly, in 1875, to relieve this expense, passed an act authorizing the Commissioner to draw an order on the Tax-Collectors in the State, to be made payable to the County School Commissioners, for the amounts due the counties for school -purposes, these orders being made receivable at the treasury in settlement of the accounts ot the various '!'ax-Collectors. It appears, then, that at no time has any of the school fund passed through the hands of the Commissioner, but that prior to the act of 1875, the fund was paid out on executive warrant upon the treasury, and, subsequently, by the State School Commissioner's order on the Tax-Collectors for the amounts due the several counties. The money necessary to meet the current expenses of the office of the Commissioner is drawn upon warrant from such school funds as may be in the treasury. An itemized statement of such expenditures, from the year 1875 to date, the committee submit herewith marked Exhibit A. This statement includes the entire expenses of the office. In addition to the appropriation made by the State, certain schools in the State have received some aid from what is known as the Peabody Fund. This fund was created for the purpose of aiding in introducing public schools throughout the South. It is managed by a Board of Trustees, originally selected by 1\fr. Peabody himself, and so selected as to be distributed throughout most of the St::Ltes of the Union. This board meets annually to pass upon the acts of their general agent. .... TuESDAY, OcroBER 7, 1879. 1849 Under a system of rules adopted by them, donations are made to various schools, and for other school purposes throughout the States of th~ South. The schools that complied with these requirements, and have received assistance from this source, together with the several amounts received by them, are herewith submitted and marked Exhibit B. It is proper to say that, through the commendable energy of the Commissioner, this munificent benefaction bestowed upon the school interests of the State by the late George Peabody, has greatly aided the purposes for which it was intended. 'fhe Commissioner, impressed with the benefits to be derived from this source, and desiring to husband the scanty resources furnished by the State, consented to distribute the fund thus tendered, without compensation, except such amount as might be necessary to defray his traveling expenses while working in the interests of the public schools of the State. This arrangement has enabled the Commil5sioner to visit different portions of the State, and to discuss before the people such changes as, from time to time, have been suggested for the good of the system without any expenditure from the State fund. We have found the records of the office correctly kept, and the system adopted renders all the questions. of business connected with the office a matter of easy reference. EXHIBIT A.. Amount .of the school fund, less the poll-tax, received in the year 1875-$151,304 90. We find the expenses to be as follows : Postage stamps, postal cards and wrappers.$ 159 50 Cash paid for City Directory .............. . 3 00 Post-office box rent ....................... . 8 00 117 1850 JouRNAL OF THE HousE. Subscription to The Atlanta Herald, Chroni- cle and Sentinel, Telegraph and Messen- ger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ :35 00 Traveling expenses ....................... . 30 25 Cash paid for ice ......................... . 4 00 Charge on money order ................... . 20 Cash paid Phillips & Crew for stationery .. . 14 30 Cash paid W. A. Hemphill & Co., for print- ing .................................... . 5 00 Telegraphing .............................. . 1 35 Printing, including the years 1874 and 1875. 2,072 18 Salary of Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,200 00 Salary of Commissioner . . . . . . . . . . . . . . . . . . . 2!500 00 Total expenses as enumerated .......... $6),0::30 78 Amount of the school fund, less the poll-tax, re ceived in t:Ue year 1876-$149,464 98. We find the expenses to be as follows: Brass date wheel and ribbon to cancel stamps$ 3 50 Postage stamps, postal cards and wrappers .. 270 30 Subscription to the Chronicle and Sentinel .. 10 00 Hamlet's Judicial Guide .................. . 25 Post-office box rent ....................... . 8 00 Traveling expensE's . . . . . . . . . . . . . . . . . . . . . . . . 42 30 Payment to '-V. A. Hemphill & Co ........ . 15 00 Drayage ................................. . 25 Cash paid for ice ......................... . 4 50 Account with Phillips & Crew, lor stationery 40 90 Printing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 00 Salary of Clerk .......................... . 1,200 00 Salary of Commissioner ................... . 2,500 00 Total expenses as enumerated ......... $ 4,330 00 Amount of the school fund, less the poll tax, received in the year 1877-$150,225 42. TuESDAY, OcTOBER 7, 1879. 1851 We find the expenses to be as follows : Postage stamps, postal cards and wrappers .. $ 177 00 Post-office box rent ....................... . 8 00 Stationery from Phillips & Crew's ......... . 8 70 Sholes City Directory .................... . 3 00 1 Dusting Brush......................... . 50 Cash paid for ice . . . . . . . . . . . . . . . . . . . . . . . . . . 4 00 4 boxes Steel Pens . . . . . . . . . . . . . . . . . . . . . . . . 10 00 Traveling expenses ....................... . 10 00 Printing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 499 43 Salary of Clerk .......................... . 1,200 00 Salary of Commissioner .................. . 2,500 00 Total expenses as enumerated ......... $ 4,420 63 .Amount of the school fund, less the poll tax, received in the year 1878, $154,378 70. We find the expenses to be as follows : Postage stamps, postal cards and wrappers.$ 55 newspapers containing proceedings of Con- vention ................................ . Servant's hire during the Convention ...... . 170 04 2 25 1 00 Stationary bought of Phillips & Crew ..... . 23 50 Post office drawer rent .................... . 12 00 Cash paid for .Atlanta City Directory ...... . 3 00 Traveling expenses . . . . . . . . . . . . . . . . . . . . . . . . 10 00 Cash paid for ice . . . . . . . . . . . . . . . . . . . . . . . . . . 4 00 Matches ................................. . 26 Printing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619 37 Clerk's salary............................ . 1,200 00 Commissioner's salary .................... . 2,000 00 ---- Total expenses as enumerated ......... $ 4,045 41 EXHIBIT B. We find that there has been given by the Trustees of 1852 J OURNA.L OF THE HOUSE. I the Peabody fund the following amounts for the year 1875: To Griffin .................................$2,000 00 To Columbus............................. 900 00 To Savannah. . .. . .. . . . . . . .. . . .. . . .. . . . .. .. 800 00 To Atlanta Colored School. . . . . . . . . . . . . . . . . 800 00 To Dalton Colored School . . . . . . . . . . . . . . . . . 300 00 To Rabun Gap. . . . . . . . . . . . . . . . . . . . . . . . . . . . To Grove Lawn . . . . . . . . . . . . . . . . . . . . . . . . . . . To 965th Military District. . . . . . . . . . . . . . . . . . To Brown Institute. . . . . . . . . . . . . . . . . . . . . . . . 300 00 30G 00 300 00 300 00 To Cedartown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 00 To Liberty county (colored school)......... 300 00 To 8'i4th Military District..... . . . . . . . . . . . . . 300 00 Total amount . . . . . . . . . . . . . . . . . . . . . . . . $6,900 00 :E'OR THE YEAR 1876. To Atlanta . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,000 00 To the State School Commissioner for his la- bors and expenses in Georgia ............ . 1,000 00 To 1\facon ................................ . 1,000 00 To Columbus ............................ . 600 00 To Brunswick ............................ . 600 00 To Dahlonega............................ . 450 00 To Atlanta Normal School (colored) ....... . 300 00 To 1138th District ........................ . 300 00 To Journal of Education .................. . 200 00 To Teachers' Institute . . . . . . . . . . . . . . . . . . . . . 100 00 To 956th Military District ................. . 300 00 To Brown Institute . . . . . . . . . . . . . . . . . . . . . . . . 300 00 To Cedartown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 00 To Liberty county (colored) ............... . 3oo no To Laurel Hill. . . . . . . . . . . ...... -. . . .... . 300 00 Total amount.......................... $8,050 TuEsDAY, OcTOBER 7, 1879. 1853 FOR THE YEAR 1877, To Augusta . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,800 00 To West Point............................ 600 00 To Dahlonega............................. 450 00 'fo Savannah Seminary.................... 300 00 To Columbus........... . .. . . .. . .. .. . . .. . 450 00 To Coosa (Union county)................... ROO 00 To Laurel Hill....................... . . . . 150 00 To Hiawassa (Towns county).... . . . . . . . . . . . 300 05 To State School Commissioner (for his labors and expenses) ........................... 1,000 00 To agency of other gentlemen in promoting the educational interest.................. 550 00 Total amount .......................... $5,900 00 FOR THE YEAR 1878. To Sumach Seminary ...................... $ 100 00 To Stone Mountain ....................... . 100 00 To Rabun Gap ........................... . 100 00 To West Point ........................... . 400 00 To Columbus ............................ . 200 00 To .Atlanta University .................... . 200 00 To North Georgia .Agricultural Colleg~ .... . 200 00 To .Atlanta ............................... . 600 00 To Savannah ............................. . 600 00 To .Augusta .............................. . 500 00 To State School Commissioner (for his ser- vices and expenses) ..................... . 1,000 00 To scholarships at Nashville ............... . 2,000 00 Total amount .......................... $6,000 00 In conclusion, the committee beg to commend in warm terms of approval the efforts of the Commissioner to discharge the duties of his office, and the untiring 1854 JoURNAL OF THE HoUSE. zeal with which he has Jabored for the educational interests of the State. We do not hesitate to pronounce him a faithful and efficient officer. w~r. T. DICKEN, Chairman; B. F. CARR, c. G. JANES, W. J. NoRTHERN, H. M. BURCH, JoHN BELT., D. CRAN OLIVER. By a two-thirds vote, yeas 94, nays none, the following bill was introduced, read the first time, and reterred to the Committee on the Judiciary : By Mr. CannonA bill to authorize the county of Bartow to issue bonds to pay for the building of a Court-House in said county. The special order was then taken up, and, on motion of Mr. Shannon, the House went into the Committee of the Whole. Mr. Humber, chairman of the Committee of the Whole House, submitted the following report: Mr. Speaker: The Committee of the Whole House have bad under consideration the following bill, to-wit: A bill to appropriate money to the amount of $20,000 to the Trustees of the University of Georgia to rebmld the North Georgia Agricultural College at Dahlonega. They have instructed me to report the bill back with the recommendation that it do not pass. Mr. Livingston proposed to amend by striking out "$20,000" and inserting" $7,000." Mr. Wheeler moved to indefinitely postpone the bill. The motion did not prevail. Tul!:SDAY, OcTOBER 7, 1879. 1855 Mr. Born called for the previous question on the amendment. The call was not sustained. Mr. Born called for the previous question on the bill and pending amendment. The call was sustained, and the main question or dered. On the question of agreeing to the report of the Committee of the Whole House adverse to the passage of the bill, 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.- Adams, Barron, Bell, Born, Brintle, Burch of Laurens, Butler, Chambers, Cox of Harris' Davison, DeLoach, Dupree, Fitzgerald, Fletcher, Ford, Fuller, Garrard, Gray, Glover, Hanke, Harrell, Harp, Hogan, Humber, Irvine, Jordan of Cra,vford, Kendrick, King, Kirby, Luffman, McConnell, McDonald, McRae, McWhorter l\IIller of Houston, Paull, Phillips of Carroll, Phillips of Cobb, Phillips of Cofiee Phinizy, Prescott, Roberts, Sharman, Sikes, Simms, Smith of Butt~, Smith of Oglethorpe, Smith of Walton, Strickland of Bryan, Strickland of Clinch, Taliafeao, Tate, Thomas, Wheeler, Wilcox, Williams, C. W. Williams, F. J. Wright, Those voting in the negative are Messrs.- Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Awtry, Barksdale, Bennett, Berry, Bleckley, Buchan, Burch of Towns, Butt, Elder, Gammage, Grant, Greene of Baldwin, Greene of Madison, Hammond, Hamilton, Harrison, Hill, Howell of Pickens, Hulsey, Oliver, Paine, Park, Patterson, Pope, Poppell,~ Puckett, Rankin, Redwine, Riden, Roney, 1856 JouRNAL OF THE HousE. Cannon, Carr, Chapman, Colley, Cunningham, Davis of Houston, DuBose, Duggar, Duvall, Ivey, Janes, Kimsey, Lang, Livingston, McAfee. l\lcGouirck, :Mynatt, Northern, Those TJ.ot voting are Messrs.- Bird, Branch, Brantley, Clegg, Collins, Cook, Cox of Troup, Crawford, Daniel, Davis of Baker, Dickin, Dozier, Farnell, Fort, Hall, Harris, Henderson, Hollis, Howell of Lowndes, Hudson, Hutchins, Johnson of Clay, Johnson of Johnson, Jordan of Wilkes, Lamb, Mathews, Maund, McCurry McLucas, Miller of Liberty, Milner, Mitchell, Nisbet, Peacock, Perkins, Pike, Polhill, Reese, Yeas, 58. Nays, 60. Not voting 56. Russell, Shannon, Walters, Walton, Weehunt, Welch, W e.~tbrook, Wilson, Yancey. Roach, Rogers, Scruggs, Sheffield of Early, Sheffield of Miller, Sibley, Strother, Tarver, Tatum, Toole, Turner of Brook~, Turner of Coweta, Vick, Wall, Williams of Columb1a, Willingham, Wilmot. Zellner. So the report of the committee was disagreed to. On the question of agreeing to the amendment proposed by Mr. Livingston, Mr. Awtry called for 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, Anderson of Pulaski, Awtry, Barksdale, Bell, Berry, Bleckley, Brintle, Buchan, Greene of Madison, Hamilton, Harrison, Hill, Hogan, Howell of Pickens, Hulsey, Ivey, Janes, Phillips of Cobb, Pope, Prescott, Puckett, Redwine, Riden, Roberts, Russell, Shannon, TUESDAY, OCTOBER 7, 1879. 1857 Burch of TownR, Butler, Cannon, Chapman, Cook, Cox of Harris. Cunningham, DuBose, Duggar, Elder, Gammage, Grant, Greene of Baldwin, Kimsey, Livingston, Luffman, Mathews, Maund, McAfee, McGouirck, Northern, Oliver, Paine, Park, Patterson, Phillips of Carroll, Smith of Hutt~, Smith of Walton, StricVelch, Wilcox, Williams, C. W. Williams, F. J. Wilson, Reese, Roach, Rogers, Roney, Sharman, Sheffield of E" ly, Sheffield of Miller, Sibley, Smith of Oglethorpe Taliaferro, Tarver, Tatum, Toole, Turner of BrookR, Turner of Coweta, Vick, Wall, \V estbrook, Wheeler, Williams of Columbia, Willingham, \Vilrnot. Wright, Yancey, Zellner. So the necessary constitutional majority having vo~ ted in the affirmative, the resolution was adopted. 1862 JouRNAL OF THE HousE. Leave of absence was granted to Mr. Hall on business, and to Mr. Hollis on account of sickness. The House then adjourned till3:30 o'clock P.M. 3:00 O'cLOCK P.M. The House reassembled, and was called to order by the Speaker. The roll was calle.d, and a quorum found to be present. Leave ot absence was granted to Mr. Irvine indefi. nitely. Mr. Burch, of Laurens, moved to take up the resolution relative to an early adjournment of the General Assembly. The motion prevailed, and the resolution was taken up. Mr. Miller, of Houston, moved to amend by striking out "Friday next, the lOth," and inserting "Wednesday next, the 15th." Mr. Livingston proposed to amend by striking out "12 o'clock M." This amendment was accepted by Mr. Miller, of Houston. Mr. Nisbet moved to lay the resolution on the table. Motion lost. Mr. Crawford offered as a substitute, a resolution providing for a joint committee of the House and Senate to considP.r the question and report thereon. The substitute was adopted. Mr. Thomas moved to suspend the rules for the purpose of taking up House bill No. 597. The motion did not prevail. On motion of Mr. Thomas, the bill was made the TuESDAY, OcTOBER 7, 1879. 1863 special order for to-morrow morning, immediately after the reading of the Journal, to-wit: A bill to amend the road laws of the State, so far as the same relate to the county of Burke. Mr. Rankin offered the following resolution, which was read and referred to the Committee on Finance, to-wit: A resolution- Instruc~ing the Governor to issue execution at once against John \V. Renfroe, Treasurer, for the money collected by him as interest, fee or commission. On motion of Mr. Miller, of Houston, the following Senate bill was taken up, and read the third time, and the report of the committee agreed to, and the bill passed, hy substitute, by the requisite constitutional majority; yeas 97, nays none, to-wit: A bill to prescribe the manner of fixing the compensation of jurors in all the counties of this State. On motion of Mr. Miller, of Houston, the following bill was laid on the table, to-wit: A bill to prescribe the manner of fixing the compensation ~)f jurors J.n all the counties of this State. The Speaker appointed the following committee, on the question of early adjournment, Messrs. Crawford, Bennett, Brintle, Davison, Ford, Gammage and Shar_ man. The following bill was read the third time; there- port of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority; yeas 92, nays none, to-wit : A bill to authorize the registration of the bonds of this >::)tate, and for other purposes. Mr. Hutchins, chairman of the Cammittee on Finance, submitted the follG>wing report : 1864 JOURNAL OF THE .IIOUSE. Mr. Speaker: The Committee on Finance have had under consideration the following bills, to-wit : .A bill to be entitled an act to render more efficient and economical the inspection and analysis of' fertilizers, and to amend the laws in relation to the inspection, analysis and sale of the same, approved February 26, 1877, which they recommend do pass, by substitute. .Also, a bill to be entitled an act to prescribe an additional mode other than that now provided by law, by which the Treasurer of Georgia may give security for the faithful performance of his duty, which they recommend do not pass. The committee have also had under consideration a resolution in relation to the disposal of the property, specimens of ores, etc., of tbe Geological Department, which they recommend do pass, by substitute. The committee have also had under consideration the following local bill, which they recommend do pass, to-wit: .A bill to be entitled an act to create a Board of Commissioners of Roads and Revenues for the county of Taylor; define their powers and duties, and for other purposes. Proper notice of intention to apply for the passage of said bill has been published, as required by law. Respectfully submitted. N. L. HuTCHINS, Chairman. Mr. Paine, chairman of the Committee on Enrollment, submitted the following report : Mr. Speaker: The Committee on Enrollment report as duly enrolled, and ready for the signature of the Speaker of the House of Representatives, the following acts, to wit : TuESDAY, OcTOBER 7, 1879. 1865 An act to consolidate, amend and supercede the several acts incorporating the _town of Senoia, in the coun ty ot Coweta, and for other purposes. Also, an act granting right-of-way to the Cincinnati Southern Railway, and for other purposes. Also, an act to prescribe the compensation of th~ Sacretary of the Senate and Clerk of the House of Representatives, and for other purposes. W. W. PAINE, Chairman. The following bill was read the third time, and, on motion of Mr. Mathews, indefinitely postponed, to-wit: A bill to amend 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. 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 103, nays none, to-wit: A bill to carry into effect paragraphs 1 and 2, section 7, article 6 of the Constitution of 1877. with reference to the creating bonded debts by counties and municipal corporations, and to prescribe the manner in which elections authorizing the same shall be held. 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 99, nays 2, to-wit: A bill to provide for the compensation of Auditors. The following bill was read the third time, to-wit: A bill to prohibit the sale of fertilizers and chemicals without the analysis thereof stamped or branded on each package; to require vendors to guarantee the analysis, and to declare all waivers of such guaranty illegal and void. 118 1866 JOURNAL OF THE HOUSE. Mr. Davis offered a substitute for the bill. Mr. Born called for the yeas and nays. The call was sustained, and the main question or- dered. The substitute was adopted, and the bill passed, by substitute, by the requisite constitutional majority; yeas 89, nays 18, to-wit: The House went into Committee of the Whole. Mr. Mynatt, chairman of the Committee oft.he Whole House, submitted the following report : .Mr. Speaker : The Committee of the Whole House have had under consideration the following bill, to-wit: A bill to provide for the erection of a State-House in .Atlanta, and for other purposes. , 'fhey have instructed me to report the bill back_.with 'a recommendation that it do pass, by substitute. Mr. Hanks moved to indefinitely postponE> the bilL Mr. Rankin called for the previous question on the motion to indefinitely postpone. The call was not sustained. Mr. Polhill moved that permission be granted to Mr. McWhorter to withdraw the substitute. The motion did not prevail. Mr. Miller, of Houston, called for the previous question on the motion to indefinitely postpone the bill. The call was sustained, and the main question qr- dered. Mr. Wilson called for the yeas and nays. The call was sustained. The hour of 5 o'clock P. 111. having arrived, the Speaker declared the Honse adjourned till 8i o'clock A. :M to-morrow. WEDNESDAY, 00TOBER 8, 1879. 1867 ATLANTA, GEORGIA, Wednesday, October 8, 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 Pulaaki, Awtry, Barksdale, Barron, Bell, Bennett, Berry Blechley, Born, Branch, Brantley, Brintle, Buchan, Burch of Laurens, Bur.::h of Towns, Butler, Butt, Cannon, Carr, Chambers, Chapman, Colley, Collins Cook, Cox of Harris, Crawford, Cunningham Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, Duggar, Grant, Gray, Glover, Greene of Baldwin, Greene of Madison, Hammond, Hamilton, Hanks, Harp, Harrison, Henderson, Hill, Hogan, Howell of Pickens, Hulsey, Humber, Hutchins, Ivey, Janes, Johnson of Clay, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lang, Livingston, Luffman, Mathews, McAfee, McConnell, McDonald, McGouirck, McRae, McWhorter, Miller of Houston, Milner, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Polhill, Pope, Poppell, Prescott, Puckett, Rankin, Redwine Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sikes, Simms, Smith of Butts, Smith of Oglethorpe, _Smith of Walton, Stricklax..d of Bryan, Strickland of Clinch, Strother, Tate, Tatum, Thomas, Turner of Brooks Turner of Coweta; Walters, Walton, Weehunt,_ 1868 JOURNAL OF THE .H.OUSE. Dupree, Duvall, Elder, Fitzgerald. Fletcher,j Ford, Fort, Fuller, Garrard, Mitchell, Mynatt, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Those absent were Messrs.- Bird, Clegg, Cox of Troup, Dozier, DuBose, Farnell, Gammage, Hall, Harrell, HarrlS Hollis, Howell of Lowndes, Hudson, Irvine, Johnson of Johnson, Jordan of Wilkes, Lamb, Maund, McCurry, McLucas, Miller of Liberty1 Nisbet, Perkins, Pfre. Sheffield of Early, Present 137. Absent37. Welch, Wheeler, Wilcox Will;ams of Columbia Williams, C. W Williams, F. J. Wilson, Yancey. Sheffield of Miller Sibley, Taliaferro, Tarver, Toole, Vick, Wall, Westbrook, Willingl am, Wilmot, Wright, Zellner. Mr. Welch, from the Committee on Journals, reported the Journal of yesterday examined and approved. The Journal was then read and confirmed. The special order was then taken up, to-wit: "The bill to amend the laws of the State, so far as the same relates to the county of Burke." On motion of Mr. Walton, the bill was laid on the table. The unfinished business was then taken up, to-wit: The bill to provide for the building of a State-House in Atlanta; and the first thing in order was the calling of the yeas and nays on the motion to indefinitely postpone the bill and substitute. The roll was called, and the vote was as follows, viz: WEDNESDAY, OCTOBER 8, 1879. 1869 Those voting in the affirmative are Messrs.- Anderson of Morgan, Awtry, Barksdale, Bell, Bennett, Berry, Bleckley, Born, Branch, Burch of Towns, Butle:, Butt, Cannon, Carr, Chapman, Colley, Collins, Cunningham, Daniel, Dickin, Duggar, Elder, Fulle~, Garrard, Grant, Glover, Greene of Madison, Fammond, Hamilton, Hanks, Harp, Harrison, Hender~<>n, Hogan, Howell of Pickens, Hutchins, Ivey, Kimsey, Kirby, Luffman, Mathews, McAfee, McConnell, McGouirck, Miller. of Houston, Mitchell, Nor:heni, Oliver; Patterson, Paull Peacock, Phillips of Carroll, Phinizy, Polhill, Puckett, Rankin, Redwine, Reese, Rogers, Roney, Sharman, Simms, Smith of Oglethorpe, Smith of Walton, Strickland of Bryan~ Strother, Taliaferro, Tate, Tatum, Turner of Brooks~ Walton, Weehunt, Welch, Wheeler, Williams, C. W. Williams, F. J. Yancey, Those voting in the negative are Messrs.- Adams, Anderson of Newton, Anderson of Pulaski, Barron, Brantley, Brintle, Buchan, Burch of Laurens, Chambers, Cook, Cox of Harris, Crawford, Davison, DeLoach, Dupree, Duvall, Fitzgerald, Fletcher, Ford, Fort, Gammage, Gray, Greene of Baidwin, Hill, Janes, Johnson of Clay, Jordan of Crawford, Kendrick, King, Lamb, Lang, Livingston, Maund, McRae, McWhorter, Paine, Park, Phillips of Cobb, Phillips of Coffee, Pope, Poppell, Prescott, Roberts, Russell, Scruggs, Shannon, Sikes, Smith of Butts, Strickla1;1d of Clinch, Thomas, Turner of Coweta, Walters, Wilcox. Williams of Columbia, Wilson, Thos~ not voting are Me3srs.- Bird, Clegg, Cex of Troup, Hulsey, Humber, Irvine, Riden, Roach, Sheffield of Early, 1870 JOURNAL OJ!' THE HOUS:I!l. Davis of Baker, Davis of Houston, Dozier, DuBose, Farnell, Hall, Harrell, Harris, Hollis, Howell of Lowndes, Hudson, Johnson of Johnson, Jordan of Wilkes, McCurry, McDonald, McLucas, Miller of Liberty,i Milner, Mynatt, Nisbet, Perkins, Pike, Yeas77. Nays 55. Not voting 42. Sheffie.ld of Miller, Sibley, Tarver, Toole, Vick, Wall, Westbrook, Willingham, Wilmot, Wright. Zellner. So the motion to indefinitely yost-pone prevailed. On motion of Mr. Thomas, House bill No. 597 was taken from the table and placed in its order on the calendar. On motion of Mr. Harrison, House bill No. 869 was taken from the table and placed in its order on the calendar. The following bill was taken up and amended, read the third time, to-wit: A bill to require all Clerks of the Superior and City Courts to make immediate record of certain original papers filed in said courts, and to prescribe penalties for failure on the part of said Clerks to comply with the requirements thereof. On the question of the passage of the bill, as amended, Mr. Garrard called for the yeas and nays. rhe 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, Barron, Bell, Bennett, Glover, Grene of Madison, Hammond, Hamilton, Hanks, Harp, Harrison, Henderson, Phillips of Carroll, Phillips of Cobb, Phinizy, Pike, Pol hill, Poppell, Prescott, Puckett, W:EDNESDAY, OCTOBER 8, 1879. 1871 Berry, Bl~ckley, Born, Branch, Brintle, Buchan, Butler, Cannon, Carr, Chambers, Chapman, Colley, Cook, Cox of Harris, Crawford, Cunningham, ' Daniel, Davis of Houston, Davison; DeLoach, Dickin, Dupree, Duvall, Elder, Fitzgerald, Fletcher, Ford, Fort, fuller, Garrard, Gray, Hill, Hogan, Hulsey, Humber, Janes, Johnson of Clay, Jordan of Crawford, Kendrick, Kimsey, King, Lamb, Lang, Livingston, Luffman, Mathews, Maund, McConnell, McRae, McWhorter, Miller of Houston, Milner, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Rankin, Reese, Riden,; Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sikes, Simms, Smith of Butts, Smith of Oglethorpe Strickland of Bryan, Strickland of Clinch, Strother, Taliaferro, Tate, Thomas, Turner of Brooks, Turner of Coweta, Walters, Welch, Wilcox, Williams of Columbia, Williams, C. W, Williams, F. J, Yancey, Those voting in the negative are Messrs.- Barksdale, Brantley, Burch of Towns, Butt, Collins', Duggar, Grant, Howell of Pickens, McAfee, Mitchell, Phillips of Coffee, Redwine, Smith of Walton, Tatum, Weehunt, Wheeler, .: Those not voting are Messrs.- Bird, Burch of Laurens, Clegg, Cox of Troup, Davis Of Baker, Dozier, DuBose, Farnell, Gammage, Green of Balliwin, Hudson, Hutchins, Irvine, Ivey, Johnson of !ohnson, Jordan of Wilkes, Kirby, McCurry, McDonald, 'McGourick, Sheffield of Early, Sheffield of Miller, Sibley, Tarver, Toole, Vick, Wall, Walton, Westbrook, Willingham, 1872 JOURNAL OF TR.I!l HOUSE. Hall, Harrell, Harris, Hollis, Howell of Lowndes, McLucas, !iill:r of Liberty, . erkms, Pope, Yeas 115. Nays 16. Not voting 43. Wilmot, Wilson, Wright, Zellner. So the necessary constitutional majority having voted in the affirmative, the bill passed, as amended. On motion of Mr. Garrard, the bill was ordered at;. once transmitted to the Senate. By permission, the following bill was withdrawn, to- wit: A bill to regulate local or way freight and pass.enger tariffd, and to prevent unjust discriminations. The following bill was read the third time, and amended., to wit: A bill to provide compensation for Magistrates and Constables in criminal cases ; to provide the mode <>f collection, etc. Mr. King called for the previous question. The call was sustained, and the main question or dered. On a division, the yeas were 10, and nays 92. So the bill was lost. Leaves of absence were granted to Mr. Harrell and Mr. Johnson, of Clay. Mr. Lang asked for leave Qf absence from and after Monday, the 13th inst., which leavE' was refused. The following reconsideied bill was taken up, and the substitute taken up by sections for amendment, to- wit: A bill to amend the act .creating a State Board of Health, etc. The substitute was amended and adopted. Mr. Davison called for the previous question. WEDNESDAY, OCTOBER 8, 1879. 1873 The call was sustained, and the main question ordered. This 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.- Adame, Anderson Gf Morgan, Anderso.c of Newton, Anderson of Pulaski, Awtry, Barron, Bennett, Berry, Bleckley, B~anch, Butler, Butt, Cannon, Carr, Chambers, Chapman, Colley, Cook, Crawford, Cunningham, Davis of Hoo~t.oo, DeLoach, D'ckin, Duvall Elder, Fitzgerald. Garrard, Gray, Greene of Baldwin, Hammond, Hamilton, Hanks, Harrison, Henderson, Hill, Hulsey, Hutchins, Ivey, Janes, Johnson of Clay, Kendrick, Lamb, Lang, Livingston, Mathews, Maund, McDonald, McCouirck, McRae, Me Whorter, Milner, Mynatt, Nisbet, Nor~hern, Paine, Paull, Phillips of Cobb Pike, Polhill, Pope, Redwine, Riden, Roach, Rogers, Roney, Rt>ssell, Scruggs, Shannon, Sharman, Stotl-er, Thomas, Turner of Coweta, Turner of Brook~, Westbrook, Wilcox, Williams of Columbh, Wilson, Yancey. Those voting in the negative are Messrs.- Bell, Born, Brintle, Burch of Laurens, Burch of TownR1 Cox of Harris. Davison, Duggar, Dupree, Fletcher, Ford, Fuller, Gammage, Grant, . Greene of Madison, Harp, Hogan, Humber, Jordan of Crawford, Kimsey, King, Kirby, Luffman, McAfee, McConnell, Miller of Houston, Park, P:::e'aatcteorcsko,n1 Phillips of Carroll, Phillips of Cofiee, Phinizy, Prescott, Puckett, Rankin, Roberts, Sikes, Simms, Smith of Rutt11, Smith of Walton, Stricland of Bryan, Strickland of Cline 1 , Taliaferro, Tate, Tatum, Walters, Weehunt Welch, Wheele;, Williams, C. W. Williams, F. J. 1674 JOURNAL O.F THE HOUSE. Those not voting are Messrs.- Barksdale, Bird, Brantley, Buchan, Clegg, Collins, Cox of Troup,. Daniel, Davis of Baker, Dozier, DuBose, Farnell, Fort, Glover, Hall, Harrell, Harris, Follis, Howell of Lowndes, H0well of Pickens, Hudson, Irvine, Johnson of Johnson, Jordan of Wilkes, McCurry, McLucas, Miller of Liberty, Mitchell, Oliver, Perkins, Poppell, Reese, Sheffied of Early, Sheffied of Miller, Sibley, Smith of Oglethorpe, Tarver, Toole~ Vick, Wall, Walton, Willingham, Wilmot, Wright. Zellner. Yeas 78. Nays 51. Not voting, 45. So the necessary constitutional majority not having voted in the affirmative, the bill was lost. The following bill was taken up and read the third time, and amended, to- wit : A bill to amend the road laws of the State, so far as the same are applicable to the county of Burke. The evidence of the publication of the notice re- quired by law was exhibited. Mr. Davison called for the previous question. The call was sustained, and the main question or- dered. Mr. Thomas called for the yeas and nays. 'I'he call was not sustainP;d. On a division, the yeas were 25, nays 79. So the bill was lost. The following bill was read the third time ; on the passage of the bill the yeas were 70, nays 27; the re- quisite constitutional majority not having voted in the affirmative, the bill was lost, to-wit: A bill to grant to the Great Southern Railway Com- pany an extentiO'n of ten years for the completion of its road. WEDNESDAY, OCTOBER 8, 1879. 1875 The following bill was read the third time, and passAd by the requisite constitutional majority; yeas .89, nays none, to-wit: A bill to regulate the practice in certiorari cases ; to suspend the issuing of execution, and for other purposes. The following bill was, on motion of Mr. Phillips, of Cobb, laid on the table, to-wit: A bill to repeal sections 1631, 1632 and 1633 of the Code of 1873. The following bill was read the third time and lost ; the necessary constitutional majority not voting in the affirmative; yeas 72, nays 25, to-wit: A bill to require Ordinaries, Boards of Commissioners, etc., to publish annually itemized statements, under oath, of all receipts and disbursements for county purposes. The following bill was read the third time, and passed by the requisite constitutional majority ; yeas 92, nays none, to wit : A bill to extend the provisions of an act to relieve J. W. Grubbs, A. G. Inman, S. J. Bell and L. D. Mathews, securities on the bond of R. Columbus Wimberly, Tax-Collector of Burke county, in the year 1874, approved February 28, 1876, so as to afford L. D. Mathews, the only remaining solvent security on said bond, further time to have all the payments be claims .have been made, since the passage of said act, on said bond, fully and fairly credited, and ft!>r other purposes. Mr. Paine, Chairman of, the Committee on Enrollment, submitted the following report: Mr. Speaker: The Committee on EnrollmAnt report as duly enrolled, signed by the President of the Senate, and ready 1876 JOURNAL OF THE HOUSE. for the signature of the Speaker of tha House of Representatives, the following act of the Senate, to-wit: An act to provide for the improvement of the Savan, nah River. 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 re~ commend do pass, to-wit: A bill to be entitled an act to carry into effect paragraph 5, section 2, article 1, of the Constitution, to define the crime of lobbying, and to provide for the punishment of the same. Also, a bill to be entitled an act to provide that motions for new trial,, in the Superior Courts of this State, shall not be entered upon the minutes except by order of the presiding Judge. 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 define the jurisdiction, powers and proceedings of every County Court, and of the Judges thereof, and the qualification and ap- pointment of such Judge, and the force and effect of the process, judgment and decree of such court; so as in regard to such courts and Judges to establish the uniformity requirP-d by paragraph 1, of section 1, of article 6, of the Constitution. Also, a bill to be entitled an act to provide for the choice of arbitrators in case of disagreement upon returns of corporations, companies, persons or institutions, required by law, to make returns or taxation to the Comptroller General, and of assessment by the Comptroller-General. WEDNESDAY, OCTOBER 8, 1879. 1877 The committee have also had under consideration the. following bills, which they recori:tmend do pass, as amended, to-wit: A bill to be entitled an act to authorize the "Cumming Manufacturing Company of .Augusta" to borrow money on bond, mortgage or other security, 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 this biil. Also, a. bill to entitled an act to repeal an act, approved February 27, 1877, entitled an act to create a County Court in each county of the State, except certain counties therein named, approved January 19, 187:J, so far as the same relates to the county of Dodge, and to abolish the County Court ot Dodge. The committee find that the proper notices have been given of intention to apply for 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 section 2844 of the Code of this State. Also, a bill to be entitled an act to authorize the Governor to purchase certain volumes of the Supreme Court Reports of Geor~ia ; appropriate money to pay for said purchase and provide for the disposition to be made of the same. 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 exempt active members of Watchful Fire Company No. 1, of Cuthbert, Georgia, from jury duty in any of the courts of said county. 1878 JouRNAL oF THE HousE. The committee have also had under consideration a resolution proposing to instruct them to inquire into the propriety of withdrawing all able-bodied convicts from farm labor, and placing them in mines and on railroads, and to report by bill or otherwise ; and the committee are of opinion that, at this late stage of the sesswn, it will not be practicable to make the inquiries contemplated by said resolution. They, therefore, recommend that the resolution do not pass. 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 -prevent the careless use of fire-arms in certain cases ; to -provide for a punishment for the same, and for other purposes. Also, a bill to be entitled an act to amend section 267 of the Code of 1873, which relates to the duti.::s 0f Clerks of the Superior Courts and to the dockets of said courts, and for other purposes. Also, a bill to be entitled an act to amend section 2638 of the Code of 1873, which renders void contracts for the sale of goods for future delivery. 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 fix the time of the open ing of the sessions or terms of the Supreme Court of the State of Georgia, and to regulate the same, and to repeal conflicting laws. Also, a bill to be entitled an act to limit the time within which creditors may proceed against heirs atlaw or legatees, who have been advanced by e4ecutors, and for other purposes. Also, a bill to be entitled an act to give the authority to any municipal corporation of the State of Georgia to create the office of Fire Marshal. WEDNESDAY, OcTOBER 8, 1879. 1879 Also, a bill to be entitled an act to create a Board of Commissioners for the county of Rockdale ; to provide for their appointment, and to prescribe and define their powers and duties, and for other purposes therein named. The committee find no proofs. Respectfully submitted. H. G. TuRNER, Chairman. '('he following bill was read the tl1ird time and lost, the necessary constitutional majority not voting in the affirmative; yeas 5, nays 99, to-wit: A bill to require County Commissioners to give bond for the faithful performance of their duties. The following bills were laid on the table, to- wit : A bill to repeal an act to establish a County Court for the counties of Dougherty and Lee, so far as the same relates to the county of Lee. Also, a bill to amend the act establishing a County Court for Coweta county, and the act amendatory thereof. The following bill was read the third time, and the necessary constitutional majority not having voted in the affirmative, yeas 66, nays 84, the bill was lost, towit: A bill to create a lien on mares and their colts in favor of owners of stallions and jacks under certain circumstances. The House went into the Committee of the Whole House. Mr. Awtry, chairman of the Committee of the whole House, submitted the following report : Mr. Speaker : The Committee of the Whole House have bad under consideration a bill to appropriate money to pay the 1880 JouRNAL oF THE HousE. salary of the physician, appointed by the.Governor, for the Penitentiary. They have instructed me to report the bill back with the recommendation that it do pass, by substitute. The House went into Committee of the Whole for the further consideration of the bill. Mr. Harrison, chairman of the Committee of the Whole House, reported the bill back with the recommendation that the bill do pass, by substitute. The report of the committee, was agreed to, and on the question of the passage of the bill, the yeas and nays were required to be recorded. On calling the roll the vote was as follows : Those voting in the affirmative are Messrs.- Anderson of Morgan, Awtry, Barron, Bell, Berry, Bleckley, Branch, Brantley, Buchan, Burch of Laurens, Burch o.i Towns, Butler, Garr, Chambers, Chapman, Colley, Collins, Cook, Cox of Harris Crawford, Cunningham, Davis of Baker, DeLoach, DuBose, Duggar, Dupree, Duvall, Elder, Fitzgerald, Fletcher, Ford, Fnller, Hammond, Hamilton, Hanks, Harp, Harrison, Henderson, Hill, Hogan, Hudson, Hulsey, Humber, Hutchins, Ivey, Janes, J orJan of Crawford, Ken municipal corpora tions. 1900 JoURN.A.J. OF TTIE HOUSE. Also, a bill to prescribe the manner of fixing the com~ pensation of jnrors and Bailiffs in all the counties of this State. Also, a bill to amend section 2573 of the Code of 1873. Also, a bill to amend section 4370 of the Code. 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 entitlt-d an act to require the Comptroller-General to examine the titles ot owners of Wild Lands, who desire to claim the excess for which their lands may have been sold under tax fi. fas., and to require the Governor to draw his warrant therefor, and to require the Treasurer to J>ay the same out of the wild land fund, and for other purposes." - Also, the following local bill, which they recommend do pass, to-wit: A bill to be entitled an act to repeal an act entitled an act to authorize the transfer of criminal cases pending in the Superior Court of Taylor county, below the grade of felony to the Criminal Court for said county, enacted by an act approved March 4, 1875, and to provide for the payment of insolvent costs in cases ot felony in said Superior Court, and for other purposes, approved February 28, 1876. The committee find that the proper notices required by law have been given of intention to apply for the passage of said local btil. Respectfully submitted. N. L. HUTCHINS, Chairman. THURSDAY, 00TOBER 9, 1879. 1901 Mr. Phillips, of Cobb, introduced the following resolution, which was read and agreed to,. to-wit: .A resolutionInstructing the Comptroller-General and the Treasurer, to institute thorough investigations into the conduct of the office of Comptroller-General by Madison Bell, and of the Treasury Department under Treasurer Angier, and report to the next General Assembly. 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, as amended, by the requisite constitutional majority ; yeas 91, nays none, to-wit: .A bill to entitled an act to repeal an act, approved February 27, 1877, entitled an act to create a County Court in each county of the State, except certain counties therein named, approved January 19, 187'2, so far as the same relates to the county of Dodge, and to abolish the County Court of Dodge. Mr. King, chairman of the special committee ap pointed to investigate certain reports concerning the treatment of a former patient of the State Lunatic Asylum, submitted a report, which was read and referred to the Committee on the Lunatic .Asylum. The following bill was read the third time, to-wit: .A bill to incorporate the Waycross and Florida Railroad Company. On the question of the passage of the bill Mr. Nis bet called for the yeas and nays. '.rbe call was sustained, and on calling the roll the vote was as follows : Those voting in the affirmative are Messrs.- Anderson af ;Morgan, Greene of Baldwin, Barksdale, Harp, Barron,1 Harrison, ~11, Henderson, Polhill, Poppell, Prescott, Puckett, 1902 JouRNAL oF THE HousE. :Sennett, Berry, Bleckley, Branch, Brintle, Buchan, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Chambers, Chapman, Colley, Collins, cook, Cunningham, DeLoach, DuBose, Duggar, Dupree, Duvall Elder, l!'i tzgerald. Fletcher, Ford, Fuller, Gammage, Garrard, Grant, Gray, Glover, Hill, Hogan, H6well of Pickens, Hutchins, Ivey, Janes, Johnson of Clay, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Livingston, Mathews, Maund, McAfee, McConnell, McDonald, McGouirck, McWhorter, Milner, Mitchell, ~isbet, Northern, Park, Patterson, Peacock, Phillips of Cobb Phillips of Coffee, Phinizy, Rankin, Redwine, Reese, Riden, Roberts, Rogers, Roney, Russell, Shannon, Sharman, Sikes, Smith of Rutt~, Smith of W alto!', Stric'tland of Bryan, StrickLnd of Clinch, Strother, Tarver, Tate, Tatum, Thomas, Turner of Broob, \Valters, Walton, Weehunt Welch, \Vestbrook, Williams, C. W. Williams, F. J. Wilson, Wright, Yancey. Zellner. Those voting in the negative are Messrs.- Awtry, Cox of Harris. Hammond, Hanks, Luffman, McLucas, Phillips of Carroll, Those not voting are Messrs.- Pike, Pope, Wheeler. Adama, Andersr>t: of Newton, Ar..derson of Pulaski, Bird, Born, .Brantley, Cn,rr, Clegg, Cox of Troup, Cra1vford, Daniel, Davis of Baker, Davis of Hon~t.man, Cox of Harris Hogan, Howell of Pickens, Hulsey, Hutchins, lvey, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Luffman, Pope, Poppell, Prescott, Puckett, Rankin, Redwine, Reese, Roberts, Rogers, Sharman, Sikes, Smith of Butt!J, Smith of Oglethorpe, THURSDAY, OCTOBER 9, 1879. 1905 Crawford, Daniel, Davis of Houston, Davison, DeLoach, Duggar, Duvall, Elder, Fitzgerald, Fletcher, Ford, Fort, Fuller, Garrard, Grant, Gray, Glover, Greene of Madison, Hanke, Harp, Harrison, Mathews, McAfee, McConnell, ~'IcDonald, McGouirck, McLucas, McRae, McWhorter Mtller of Houston, Milner, Mitchell, Mynatt, Oliver, Park, Patterson, Paull, Phillips of Carroll, Phillips of Cobb, Phillips of Coflee Phinizy, Pike, Smith of Walton, Strickland of Bryan, Strickland of Clinch, Taliaferro, Tarver, Tate, Tatum, Turner of Brook~, Turner of Coweta, Walters, Weehunt, Welch, Westbrook, Wheeler, Wilcox, Williams, C. W. Williams, F; J. Willingham, Wright, Zellner. Those voting in the negative are Messrs.- Anderson of Morgan, Awtry, Barron, Bleckley, Colley, Cunningham, Dickin, DuBose, Dupree, Gammage, Greene of Baldwin, Henderson, Hill, Livingston, Nisbet, Northern, Polhill, Riden, Roney, Russell, Shannon, Strother, Thomas, Yancey. Those not voting are Messrs.- Adams, Anderson of Newton, Anderson of Pulaski, Barksdale, Berry, Bird, Born, Brantley, Carr, Clegg, Collins, Cook, Cox of Troup, Davis of Baker, Dozier, Farnell, Hall, Hammond, Hamilton, Harrell, Farris, Hollis, Howell of Lowndes, Hudson, Humber, Irvine, Janes, Johnson of Clay, Johnson of Johnson, Jordan of Wilkes, 1\'Iaund, McCurry Miller of Liberty, Yeas, 101. Nays, 24. Not voting 49. Paine, Peacock, Perkins, Roach, sc~uggs Sheffield of Early,) Sheffield of Miller, Sibley, Simms, Toole, Vick, Wall, Walton, Williams of Columb1a, Wilmot, Wilson. 1906 J OURNA.L 0.!' THE HOUSE. So the necessary constitutional majority having voted in the affirmative, the bill was passed, by substitute. On motion of Mr. McWhorter, the bill was ordered at once transmitted to the Senate 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 Senate bills, which they recommend do pass, as amended, to-wit: A bill to be entitled an act to regulate the publication and sale of the Supreme Court Reports, and to fix the salary of the Reporter. Also, the following House bill, which they recommend do pass, as amended, to-wit: A bill to be entitled an act to authorize the Board of Commissioners of Bartow County to issue bonds to raise money to build a Court-House in said county. 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 extend the corporate limits of the city of Savannah. The committee have also had under consideration the foll~wing resolution, which they instruct me as their chairman to report back with the recommendation that it do pass, by substitute, to-wit: A resolution- Relative to furnishing convicts to the Marietta and North Georgia Railroad. The committee have also had under consideration thA following bill, which they report back without recommendation, to-wit : A bill to be entitled an act to create a Criminal Court THURSDAY, OoroBER 9, 1879. 1907 for the county of Cobb, and for other purposes therein mentioned. 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 amend an act entitled an act to establish a County Court for the counties of Dougherty and Lee, approved August 24, 1872, so far as relates to the county of Lee. Also, a bill to be entitled an act to declare in force section 252 of the Revised Code of 1873, and to add another section thereto, requiring the Clerks of the Superior Courts of this State_to appoint Judges in certain cases specified. Also, a bill to be entitled an act 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. 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 declare the indorsement of the State's guaranty on the bonds of the Norteastern Railroad Company, under an act approved October 27, 1870, to be null and void and unconstitutional, and to prohibit the Governor, or Treasurer, or any other officer of the State from paying the same. Also, a bill to be entitled an act to amend sections 2495 and 2496 of the Revised Code of Georgia, so far as to make securities on the official bonds of Clerks of the Superior Courts of thi" State liable for the waste or mismanagement of estates in cases where said Clerks are, or have, or may be appointed administrators by virtue of their office as such Clerks. .1908 JoURNAL OF THE HOUSE. Also, a bill to be entitled an act 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 exceptions to be certified, after thfl verdict or judgment on the main trial. Also, a bill to be entitled an act to amend an act entitled an act to encourage the propagation of fish in the waters of the State of Georgia, and for the protection of the same. The committee have also had under consideration the following resolution, which they recommend do not pass, to-wit: A resolution- Authorizing and directing the Governor to instruct the Princi.pal Keeper of the Penitentiary to deliver to the Cartersville and Van Wert (now Cherokee) Rail road Company from the convicts of the State a force sufficient to complete the grading of said railroad. Respectfully submitted. H. G. TuRNER, Chairman. Leaves of a.bsence were granted to Messrs. Phillips of Carroll, McDonald and Fort. The House then adjourned till 3:30 o'clock P. ~r., today. 3:30 O'cLOCK P.M. The House reassembled, and was called to order by the Speaker. The roll was called and a quorum found to be present. On motion of Mr. Barksdale, the following bill was laid on the table, to-wit : A bill to prohibit the sale of intoxicating liquors THURSDAY, OcTOBER 9, 1879. 1909 within two miles of Johnson's church, in the county of Warren. The House went into Committee of the Whole. .Mr. Zellner, chairman of the Committee of the Whole House, 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 the lessees of the Macon and Brunswick Railroad, in the event said road 1s leased, agents of the State for certain purposes therein specified, which they have instructed me to report back with the recommendation that it do pass as amended. On the question of the passage of the bill the yeas and nays were required to be recorded, and on calling the roll the vote was as follows : Those voting in the affirmative a~e Messrs.- Anderson of Morgan, Awtry, Barksdale, Bell, Blc:ckley, Branch, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Chambers, Chapman, Colley, Cook, Cox of Harris, Daniel, Davison, DeLoach, Dickin, Duggar, Dupree, Duvall, Elder, Ford, Fuller, Garrard, Hanks, Harp, Henderson, Howell of Pickens, Hulsey, Ivey, Janes, Johnson of Clay, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Luffman, Maund, McAfee, lV!cGourick, McLucas, McWhorter, Milner, Mynatt, Nisbet, Nor:hern, Oliver, Park, Poppell, Prescott, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogerii, Roney, Shannon, Sikes, Smith of Butts, Smith of Walton, Strickland ot Bryan, Strickland of Clinch, Taliaferro, Tate, Tatum, Thomu, Toole, Turner of Brooks, Walton, Weehunt, Welch, Westbrook, 1910 JOURNAL OF TB.E HoUSE. Grant, Gray, Glover, Green of Baldwin, G'eene of Madison, Hammond, Patterson, Paull, Peacock, Phillips of Cobb, Phillips of Coffee, Wilcox, Willingham, Wilson, Wright, Zellner. Those voting in the negative are Messrs.- Adams, Bennett, Fitzgerald, Fletcher, Harrison, Hutchins, Mathews, McDonald, Miller of Houston, Phillips of Carroll, Phinizy, Pike, Polhill, Russell, St. other, Tarver, Turner of Coweta, Williams, F. J. Th0se not voting are Messrs.- Anderson of Newton, Anderson of Pulaski, Barron, Berry, Bird, Born, Brantley, Brintle, Buchan, Carr, Clegg, Collins, Cox of Troup, Crawford, Cunningham, Davis of Baker, Davis of Houston, Dozier, DuBose, Farnell, Fort, Gammage, Hall, Hamilton, Harrell, Harris, Hill, Hogan, Hollis, Howell of Lowndes, Hudson, Humber, Irvine, Johnsun of ~ohnson, Jordan of Wilkes, Livingston, McConnell, McCurry, McRae, Miller of Liberty, Mitchell, Paine, Perkins, Pope, Scruggs, Sharman, Sheffield of E~ rly, Sheffield of Miller, Sibley, Simms, Smith of Oglethorpe Vick, Wall, Walters, Wheeler, Williams of Columb a, Williams, C. W, Wilmo:, Yancey. Yeas 97. Nays 18. Not voting 59. So tue necessary constitutional majority having voted in the affirmative, the bill passed, as amended. Mr. Russell, chairman of the Committee on Privi leges and Elections, submitted the following report : Mr. Speaker: The Committee on Privileges and Elections respectfuUy report that they have had under consideration the THuRSDAY, OoTOBER 9,. 1879. 1911 contested election case of R. F. C. Smith by W. H, Strickland, Representative of the county of Bryan, and in the opinion of your committee, that there is no good reason that the House should take any further action in this case, and recommend that the Hon. W. H. Strickland retain his seat as a member of this House; and we further recommend that the following resolu- tion be adopted : Resolved, That the Hon W. H. Strickland is entitled t~ rE'tain his seat as a member of this House. PHILIP M. RusSELL, Chairman. Also, your committee have had under consideration a bill to be entitled an act to amend an act entitled an act to authorize and require the registration of voters in the county of Camden, in this State, and for other purposes, approved 26th February, 1877, which they recommend do not pass. PHILIP M. RussELL, Chairman. On motion of Mr. Russell, the resolution was adopted. The following message was received from the Senate, through W . .A. Harris, Secretary thereof: Mr. Speaker: . The Senate has passed the following House bills, towit, and I am instructed to transmit the same to the House forthwith : A bill to incorporate the .Augusta Savings Bank. .Also, a bill to amend an act to incorporate the town of Thomasville, in this State. Also, a bill to alter and amend section 4528 of the Code in reference to carrying concealed weapons to public places. The Senate has also passed the House bill to provide for the regulation of railroad freight and passenger 19i2 JouRNAL oF THE BousE. tariffs in this State, and to prevent unjust discriminations, by a substitute, in which they ask the concurrence of the House. The Senate have refused to pass House bill to make it penal for the Tax Collector to have and hold in their possession an amount of money belonging to thB State, or any of the counties therein, exceeding the sum of five t.lJousand dollars at any one timfl. The following bill was read the third time; the evi- dence 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 98, nays none, to-wit: A bill to incorporate the Rome Stree-t and City Park Railroad Company, 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 92, nays none, to-wit: A bill to amend the acts incorporating the city of Rome, and the several act 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 authorities of the city of Rome. The above (2) bills were, on motion of Mr. King, orclerPd at once transmitted to the Senate. 'I~he following bill was read the third time, and passed by the necessary constitutional majority ; yeas 92, nays none, to-wit: A bill to change the time of holding the Superior Court of the county of Washington. The following bill was laid on the table, to-wit: A bill to create a Board of five Commissioners for the county of Washington, and for other purposes. The following bill was read the third time; the evi- THURSDAY, OCTOBER 9, 1879. 1913 dence of the publication of the notice required by law was exhibited ; the report of the committee was amended and agreed to, and the bill passed, as amended, by the requisite constitutional majority; yeas 94, nays none, to-wit: A bill to amend an act chartering the Board of Trustees of Mount Vernon Institute, and incorporating the town of Riddlesville, in Washington county, Georgia, approved December 17, 1859, creating a new Board of Commissioners, giving them certain privileges, etc., and for other purposes_ On motion of Mr. Peacock, the two bills last passed were ordered at once transmitted to the Senate. The House went into Committee of the Whole House. Mr_ Chambers, chairman of the Committee of the Whole House, submitted the following report: Mr. Speaker : The Committee of the Whole House have had under consideration a bill to authorize the Governor to purchase certain volumes of the Supreme Court Reports of Georgia; apprLpria.te money to pay for said purchase~ and provide for the disposition of the same, which they have instructed me to report back with the recommendation that it do pass, by substitute. The report ot the committee was agreed to, and on the passage of the bill the yeas and nays were required to be recorded, and on calling the roll the vote was as follows: Those voti.ag in the affirmative are Messrs.- Anderson of Morgan, Bell, Bleckley, Branch, Burch of Laurens, Burch of Towns, Butler, Cannon, Chambers 121 Gray, Glover Greene of Baldwin, Hammond Hanks, Henderson, lvey, Jane~, Kims~y, Peacock, Phillips of Cobh Phillips of Coffee, Phinizy, Polhill, Poppell, Prescott Hogers, Roney, 1914 JOURNAL O.F THE-HOUSE. Chapman, Colley, Collins, Cook, Cox of Harris, Davis of Baker, Davis of Houston, DeLoach, Dick in, Dupree, Duvall, Fitzgerald, Fletcher, Ford, Fuller, Gammage, Kirby, Lamb, Lang, Livingston, :M:athews, :M:aund, McDonald, :M:cLucas, Milner, :M:ynatt, Nisbet, Northern Oliver, Paine, Park, Patterson, Russell, Sharman, Strickland of Clinch, Strickland of Bryan, Strother, Tarver, Tatum, Thomas, Toole, Walton, Westbrook, Wilcox, Willingham, Wilson; Yancey, Zellner. ThoEe voting in the negative a1e Messrs.- Bennett, Brintle, Butt, Cunningham, Duggar, Elder, Grant, Harp, Howell of Pickens, Hutchins, Jordan of Crawford, Kendrick, Luffman, McAfee, :M:cConnell, McGourick, Miller of Houston, Paull, Phillip~ of Carroll, Puckett Rankin, Riden, Roach, Sikes, Smith of Butts, Smith of Walton Taliaferro, Tate, Turner of Brooks, Turner of Coweta, Weehunt, Welch, Wheeler. TLose not voting are Messrs.- Adams, Greene of :M:adison, Mitchell, Anderson of Newton, Hall, Perkins, Anderson of Pulaski, Hamilton, Pike, Awtry, Harrell, Pope, Barksdale, Harris, Redwine Barron, Harrison, Reese, Berry, Hill, Roberts, Bird, Hogan, Scruggs, Born, Hollis, Shannon, Brantley, Howell of Lownde~, Sheffield o. Early Buchan, Hudson, . Sheffield of Miller, Carr, Hulsey, Sibley, Clegg, Humber, Simms, Cox of Troup, Irvine, Smith of Oglethorpe, Crawford, Johnson of Clay, V;ck, vaniel, Johnson of Johnson, Wall. navison, Jordan of Wilke., \.Yalters, Dozier, King, Williams of Columbia DuBose, McCurry, '.Yilliams, C. W., Farnell, McRae, Williams, F. J. Fort, McWhorter, Wilmot, Garrard, Miller of Liberty, Wright. Yeas 75. Nays sa. Not voting 66. THURSDAY, Ool'OBER 9, 1879. 1915 So the necessary constitutional majority not having voted in the affirmative, the bill was lost. On motion of Mr. Hanks, the rules w~re suspended and House bills taken up for a second reading. The following bills were read the second time, to- wit: A. bill to amend an act to define the liability of the State of Georgia as owner of the Macon and Bruns- wick Railroad, etc., approved February 23, 1876. .Also, a bill to extend the corporate limits of the city of Savannah. .Also, a bill to authorize the County Commissioners of Bartow county to issne bonds to raise money to build a Court House in said county. .Also, a bill to repeal an act to a11thorize the transfer of criminal cases pending in the Superior Court of Taylor county below, the grade ot felony, to the Crim- inal Court of said county, approved March 4, 1875, etc. The following Senate bill was read the second time, to-wit: A. bill to regulate the publication and sale of the Supreme Court Reports, and to fix the salary of the Reporter. , Leaves of absence were granted to Mr. Hamilton and Mr. Bnrch, of Towns. On motion of Mr. Phillips, of Cobb, the bill known as the general County Court bill was made the special order for to-morrow immediately after the reading of the Journal. The following m~::ssage was received from his Excel- lency the Governor, through Mr. .Avery, his Secretary, to-wit: Mr. Speaker : His Excellency, the Governor, has approved and signed the bllowing acts, to-wit: 1916 JOURNAL OF TBJil HoUSE. An act to amend an act entitled an act to establish a City Court in the city of Atlanta, approved December 15, 1871, and one approved February 25, 1874, so as to provide that the Judge of said court shall receive a salary of two thousand dollars -per annum. Also, 1.0 act to appropriate a sufficient amount of money to pay the expenses incurred by the special committee of the House appointed at the present session of tlte General Assembly to investigate the conduct of the Comptroller-General, and for other purposes. By consent, the following bill was introduced, read the first time and referred to the Committee on Finance, to-wit: By Mr. YanceyA bill to provide for a local board of Trustees for the Middle Georgia Military and Agricultural College and the manner of filling vacancies. and for other purposes. 'fhe following bill was withdrawn, to wit: A bill to create a County Court for the county of Cobb. The House then adjourned till St o'clock to-morrow. FRIDAY, 00TOl3ER 10, 187:l, 1917 ATLANTA, GEOHGI.A., Friday, October 10, 1879. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain. The roll was called and the following members answered to their names : Those present were Messrs.- Adams, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Awtry Barksdale, llarron, Bell, Bennett, Berry, Bleckley, Born, Branch, Brantley, Brintle, Buchan, Burch of Laurens, Burch of Towns, Butler, Butt, Cannon, Carr, Chambers, Chapman, Colley, Collins Cook, Cox of Harris, Craw.ford, Cunningham Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, DuBose, Duggar, Glover, Greene of Baldwin, Greene of Madison, Hammond, Hanks. Harrell, Harp, Harrison, Henderson, Hill, Hogan, Howell of Picken~, Hulsey, Humber, Hutchins, lvey, Janes, Johnson of Clay, Jordan of Crawford, Kendrick, Kimsey, Kinp:, Kirby, Lamb, Lang, Livingston, Luffman, 1\fathews, Maund, McAfee, McConnell, McDonald, McGouirck, McLucas, McWhorter, Miller of Houston, Milner, Mitchell, Phillips of Coff'ee, Phinizy, Pike. Polhill, Poppell, Prescott, Puckett, Rankin, Redwine Reese, Riden, Roach, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sibley, Simms, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Stricklar.d of Bryan, . Strickland of Clinch, Strother, Taliaferro. Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks Turner of Coweta, Vick, Walton, Weehunt, Welch, 1918 JOURNAL 01!' THE HOUSE. Dupree, Duvall, Elder, . Fitzgerald. Fletcher, Fo~d, Fort, Fuller, Gammage, Garrard, Grant, Gray, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Phillips of Carroll, Phillips of Cobb, Westbrook, Wheeler, Wilcox Williams of Columbia Williams, C. W Williams, F. J. Willingham, Wilson, Wright, Yancey, Zellner. Those absent were Messrs.- Bird, Clegg, Cox of Troup, Dozier, Farnell, Hall, Hamilton. HarnR Hollis, Howell of Lowndes, Hudson. Irvine, Johnson of .Tohnson, Jordan of Wilkes, McCurry; McRae, Miller of Liberty, Perkins, Pope, Roberts, Sheffield of Early Sheffield of Miller Sikes, Wall, Walters, Wilmot, Present 148. Absent26. Mr. Buchan, from the Committee on Journals, reported the Journal of yesterday examined and ap proved. ThP- Journal was then read and confirmed. Leaves of absence were granted Messrs. Johnson, Simms and Hill. The special order was then taken up and read by sections for amendment, to-wit: A bill to carry into effect paragraph 1, s~ction 9, article 6 of the Constitution with reference to the establishment of a County Court in each county of the State. On motion of Mr. Hammond, the bill was laid on the table and the following Senate bill taken up, to-wit: A bill to define the jurisdiction, powers and proceedings of every County Court and of the Judge thertof, and the qualification and appointment of said Judges, and the force and effect of the process, judgment and decree ot said court, so as in regard to snch contts and FRIDAY, OCTOBER 10, 1879. 1919 Judges to establish that uniformity required by paragraph 1, section 9, article 6 of the Constitution. The report of the committeE> was agreed to, and the bill read the third time. On the question of the passage of the bill, Mr. Cannon ca:lled for the yeas and nays. The call was sustained, and on calling the roll the vote was as follows : Pending the commencent of the calling of the roll, Mr. Nisbet called for the previous question. The call was sustained, and the main question ordered. Those voting in the affirmative are Messrs.- Adams, Anderson of Morgan, Barksdale, Barron, Bell, Berry, Bleclcley, Born, Branch, Buchan, Burch of Laurens, Butt, Chambers, Chapman, Collins, Cook, Crawford, Daniel, Davis of Baker, Davison, DeLoach, DuBose, Duggar, Dupree, Duvall, Elder, Fitzgerald, Fletcher, Ford, Fuller, Gammage, Garrard, Glover, Green of Baldwin, Hammond, Hanks, Harp, Harrison, Henderson, Howell of Pickens, Hulsey, Humber, Hutchins, Ivey Janes, Kendrick, Kimsey, King, Kirby, Lang, Livingston, Luffman, Mathews, McAfee, McDonald, McWhorter, Mitchell, Mynatt, Nisbet, Nor!hem, Paine, Pari:, Patterson. Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Poppell, Prescott, Rankin, Redwine, Reese, Roach, Roberts, Roney, Scrug-gs, Smith of Og-lethorpe Smith of Walton, Strickland ot Bryan, Strickland of Clinch, Strother, Taliaferro, Tarver, Tate, Tatum, Toole, Turner of Brooh, Turner of Coweta, Vick, Weehunt, Welch, Westbrook, Wheeler, Wilcox, Williams, C. W. Yancey. Zellne~. 1920 JoURNAL OF THE H()USF.. Those voting in the negative are Messrs.- Awtry, Bennett, Burch of Towns, Butler, Cannon, Cox of Harris, Grant, Hogan, Jordan of Crawford, Maund, McConnell, 'M:cGourick, McLucas, Milner, ()Jiver, l'aull, l'eacock, I hillips of Carroll, l'uckett, Rogers, Russell, Shannon, Sharman, Sikes, Smith of Butts, Thomas, Walton, Williams of Columb a, Wilson, Those not voting are Messrs.- Anderson of Newton, Anc'erson of 'Pulaski, Bird, Brantley, Brintle, Carr, Clegg, Colley, Cox of Troup, Cunningham, Davis of Houston, Dickin, Dozier, Farnell, Fort, Gray, Greene of Madison, Hall, Hamilton, Harrell, Harris, Hill, Hollis, Howell of Lowndes, Hudson, Irvine, Johnson of Clay, Johnsun of !ohnson, Jordan of Wilkes, Lamb, McCurry, Yeas 99. Nays 29. Not voting 46. McRae, Miller of Houston, Miller of Liberty, Perkins, Riden, Sheffield of Ear Iy. Sheffield of Miller, Sibley, Simms, Wall, Walters, Williams, F. J. Willinghan, Wilmot, Wright, So the necessary constitutional m~jority having voted in the affirmative, the bill passed, as amE:>nded. On motion of Mr. Chambers, the action of the House upon this bill was ordered at once transmitted to the Senate. The following message ~Vas received from the Senate, through Mr. Harris, Secretary thereof: Mr. Speaker: The Senate has passed the following House bills, to- wit: A bill making appropriations for the payment of the FRIDAY, OcTOBER 10, 1879 1921 expenses of the special committee in the investigation of the Principal Keeper of the Penitentiary. Also, a bill to declare the Toccoa River a navigable stream. Also, a bill to reduce the bond of the Sheriff of Wayne county. The Senate has also passed the following House bills, with certain amendments, in which they ask the concurrence of the House : A bill to amend an act to consolidate and codify the various acts incorporating the city of Forsyth. Also, a bill to alter and amend the road laws so far as they relate to the county of Fulton. The following House bills were lost, to-wit: A bill to amend an act to prevent monopolies in the transportation of freights. Also, a bill to amend section 3540 of the Code. Also, a bill to prohibit railroads, or other incorpo- rated companies, from making contracts with employees whereby said employees are required to waive damages in case of injury. Also, a bill to amend section 1435 of the Code. Also, a bill to amend an act to alter and amend the laws relative to the summary establishmant of lost papers. Also, a bill to exempt locomotive engineers doing duty from serving on juries. Also, a bill to prevent the maintaining or carrying on of any lottery. Also, a bill to require section overseers on railroads to remove stock killed by trains. Also, a bill to provide a mode of proof when made by publication. The Senate has also passed the following House resolution, with an amendment, in which they ask the con- currence of the House: 1922 JoURNAL OF THE HoUSE. .A resolution- Providing that mileage be paid the members of the General .Assembly coming to and returning from the capitol to attend the present adjourned session of the General Assembly. Mr. Mynatt, chairman of the Committee on Corporations, submited the following report : Mr. Speaker: The Committee on Corporations have had under consideration the fo1lowing local bills, which they recommend do pass, to-wit: .A bill to be entitled an act to amend an act incorporating the town of Forrestville, in the county of Floyd, so as to limit and diminish the boundaries of said town . .Also, a bill to be entitled an act to incorporate the Stonewall In~urance Company, of Augusta, Georgia. Also, a bill to be entitled an act to incorporate the Canal Steamboat Company ; to define the powers of the same, and for other purposes. The committee have examined the proofs of advertising and posting in the foregoing bills and find them sufficient. The committee have also had under consideration the following bill, which they recommend that the introducer be allowed to withdraw: A bill to be entitled an act to incorporate the Buford and Hiawassee Railroad Company. The committee have also had under consideration the following local bills, which they rPcommend do not pass, to-wit: A bill to be entitled an act to prohibit the purchase and sale of seed cotton within the limits of the county of Lee. Also, a bill to be entitled an act to incorporate the FRIDAY, OCTOBER 10, 1879. 1923 Norcross and Dahlonega Railroad Company, and to substitute others as corporators. Also, 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 thA several acts amending the same approved March 4, 1875, also, a subsequent act amendatory thereof, and for other purposes, approved February 28, 1877. The committee have examined the proofs of advertising and posting in the foregoing bills, and find them sufficient. Respected submitted. P. L. MYNATT, Chairman. Mr. Hutchins, chairman of the Committee on Finance, submitted the following report : Mr. Speaker: The Committee on Finance have bad under consideration the following bill, which they recommend do pass: A bill to be entitled an act to provide for a local board of Trustees for the Middle Georgia Military and Agricultural CollPge, and the manner of filling vacancies, and subjecting the acts of said Board to the approval or disapproval of the Board of Trustees of the University of Georgia. Also, a bill to be entitled ~n act to require certain parties to give in their taxes to the Secretary of State, and requiring the Comptroller-General to collect the same, and prt->scribing the manner in which said taxes shall be given in and collected, and the manner in which certain books shall be kept, and for other purposes, which they recommend be withdrawn. Also, a bill to be entitled an act to reduce the ana nual appropriation now provided by law for the State Department of Agriculture; to prescribe how said appropriation shall be expended, and for other purposes, 1924 JOURNAL OF THE .fiOUSE. which they recommend be withdrawn, the House having passed a bill on that subject. Respectfully submitted. N. L. HuTOHINS, Chairman Mr. Livingston, chairman of the Committee on Agriculture, submitted the following report : Mr. Speaker: The Committee on Agriculture have had under consideration the following bill, which they recommend do pass, by substitute, to-wit: A bill to be entitled an act to make the violation of any contract for labor with the hirer, or by lessees, with a landlord of land or tenements, and when, in either case, the contracts ar~ for periods not longer than one year, and when advancements have been made by the hirer or landlord. Also, a bill to be entitled an act for the protection of game and birds in the county of Houston; 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, which they recommend do pass, as amended. Also, a bill to be entitled an act to amend an act en. titled an act to regulate the traffic in seed cotton in the counties of Decatur and Randolph, and for other purposes therein named, approved 26th day of February, 1876, so as to extend the provisions of the same to the county of Lee, which they recommend do pass. L. F. LIVINGSTON, Chairman. Mr. Paine, chairman of the Committee on Enrollment, submitted the following report : Mr. Speaker: The Committee on Enrollment report as duly en- FRIDAY, OCTOBER 10, 1879. 1925 rolled, and ready for the signature of the Speaker of the House of Representatives, the following acts, to wit : An act to amend section 24 of an act establishing a public school system for this State, approved August 23,1873, Also, an act for the protection of game and birds in the county of Bibb; to prohibit the killing, trapping or netting the same, buying, selling, or offering for sale the same dur~ng certain months, and for other purposes. Also, an act to repeal an act entitled an act to apportion the road bands in the counties of Emanuel and J ohmson, approved February 27, 1877, so far as the same applies to Johnson county. Also, .an act to authorize the granting of the writ of certinrari in all appeal cases tried by a jury in the Justices' Courts of this State. Also, an an act to establish the Middle Georgia Military and Agricultural College, and for other purposes. Also, an act to provide for a compensation for the Commissioners of Roads and Revenues for the county of Mitchell, and the means of paying tlle same. Also, an act to amend section 4045 of the Revised Code of 1873, by striking from the third line of said section the words, "of an adjoining county," so as to authorize Commissioners appointed to assign dower to procure the aid of the County Surveyor or any other competent Surveyor ; and to further amend said section by adding at the end thereof, a clause prescribing the time and manner of filing objections, and for other purposes. Also, an act to alter and amend section 4528 of the Code ot 1873, in reference to carrying deadly weapons about the person to public places in this State, by adding a pro.viso thereto, so that said section shall not apply to any Sheriff, Deputy Sheriff, Coroner, Consta- 1926 JouRNAL OF THE HousE. ble, Marshal, Policeman or other arresting officer or officers of this State, or their possees, acting in the dis- charge of their official duties. Also, an act to amend an act to incorporate the town of Thomasville, in this State ; to grant certain privi- leges to the same, approved March 3, 1874, Also, an act to incorporate the Augusta Savings Bank. W. W. PAINE, Chairman. Mr. Crawford, chairman of the Committee of the House on the question of early adjournment, submit- ted the following report : Mr. Speaker : Thejoint committee of the House and Senate to report an early day for adjournment, beg leave to report that after a thorough investigation of the business in both houses, they are of the opinion that the General Assembly can adjourn sine die on Wednesday next, the 15th instant, and they think an earlier adjournment would be to the great pr~j udice of public interests. They, therefore, recommend the adoption of the following resolution, to-wit: Resolved, By the General Assembly, that this body do adjourn sine die on vVednesday, the 15th instant. HENRY D. McDANIEL, Chairman Senate Committee. REESE CRAWFORD, Chairman House Committee. On motion of Mr. King, the resolution was taken up. Mr. Turner, of Brooks, moved to amend the resolution by striking out Wednesday, the 15th instant, and inserting Saturday, the 11th instant. Mr. Wheel~r called for the previous question. The call was sustained, and the main question ordered. FRIDAY, OCTOBER 10, 1879. 1927 Mr. Turner, of Brcoks, moved to reconsider the call for the previous question, which motion prevailed. Mr. Pike moved to amend by inserting Friday, the 17th instant. By unanimous consent, Mr. Turner, of Brooks, w..ts allowed to change his amendment, by inserting Monday, 13th instant. Mr. wheeler called tor the previous question. The call was sustained, and the main question ordered. The amendment of Mr. Pike was not adopted. The amendment of Mr. Turner, of Brooks, was not adopted. 'fhe original resolution was then adopted, and 011 motion, was ordered at once transmitted to the Senate. Mr. Mynatt offered a resolution, which was read and agreed to- wit : A resolution- Tending the use of the Hall of the House of Representatives to the mechanics and laborers of Atlanta to hold a meeting on the suhject of the convict lease system. On motion of Mr. Rankin, House bills amendl:!d in the Senate were taken up. The Senate amendments to the following bills werE> concurred in, to-wit: A bill to amend the road laws of this State, so far as relates to the county of Fulton, and for other purposes. Also, a bill to incorporate the Skidaway Narrows Canal Company. Also, a bill to consolidate, amend and codify the various acts incorporating the city of Forsyth, in the county of Momoe, so as to allow the Mayor and Aldermen of said town to levy and collect a tax on all 1928 JouRNAL oF THE HousE. professions, business and callings carried on in said city. Mr. Strother offered a resolution, that after Saturday next, there shall be night sessions from 8 P. 11r. to 11 P. 11., which was read and referred to the Committee on Rules. The House concurred in all the following Senate amendments to the following bill, except the amendment striking out "thirty-five" ann inserting "fifty," which they refused to concur in, to-wit: A bill to regulate the rates and manner of legal advertising in this State, and to prohibit Sheriffs, Coro; ners, Clerks, Marshals, or other officers, from receiving or collecting greater fees than herein provided. The bill was at once ordered transmitted to the Senate. The House concurred in the Senate amendments to the following bills, to wit : A bill to make it a felony for any bank or baker, etc., to receive money on deposit, knowing said bank to be insolvent. Also, a bill to provide for the incorporation of colleges, libraries and other literary, charitable or social organizations which have no capital stock. The House also concurred in the Senate amendment to the following resolution, to-wit: A resolution- Providing tbat mileage be paid members of the General Assembly coming to and returning from the Capital to attend the present adjourned session. The following bills were laid on the tablf', to-wit: A bill to provide for the redemption of land sold under tax execution, and to provide the mode of recovering the same. .Also, a bill to empower the authorities of the city of FRIDAY, OcToBER 10, 1879. 1929 Darien to compel wharf owners to keep their wharvAs in repair. etc The following bill was made the special order for 3 o'clock P. M., to-wit: A bill regulate railroad freight and passenger tariffs. On motion, the rules were suspended and the follow- ing bills read the second time, to-wit: A bill to provide for a Loc'al Board of Trustees for the Middle Georgia Military and Agricultural College, etc. Also, a bill to regulate the traffic in seed cotton in the county of Lee. Also, a bill to amend the act incorporating the town of Forrestville. Also, a bill for the protection of game and birds in the county of Houston. Also, a bill to incorporate the ~tonewall Insurance .Company, of Augusta. Also, a bill incorporating the Canal Steamboat Company. The following bills were laid on the table, to-wit: A bill to regulate and define the liability of the State as owner of the Macon and Brunswick Railroad. Also, a bill to amend sections 2758, 2760, 2761, 2768, 2770 and 2772 of the Code. On motion of Mr. Butler, the following bill was taken up, to-wit: A bill to amend the registration laws of Camden county. Mr. Butler moved to disagree to the report of the committee. Mr. Nisbet ca1led for the previous question. The call was sustained, and the main question ordered. The report of tbe committee was disagreed to, and the bill read the st-cond time. 122 1930 JouRNAL OF THE HousE. Leave of absence was granted to Mr. Weehunt and Mr. Howell of Pickens. The House then adjourned till 3:00 o'clock P.M., to- day. 3:00 0' CLOCK P. M. The House reassembled, and was called to order by the Speaker. On motion of Mr. VVright of Richmond, the rules were suspenoed and the following Senate bill taken up! read the third time, the report of the committee was agreed to, and the title is as follows : .A bill to amend section 1646 of the Code of 1873 with reference to the fees of Solicitors-General. Mr. Pope called for the yeas and nays on the passage of the bill. 'fhe call was sustained, and on calling the roll the vote was as follows : 'fhose voting in the affirmative are Messrs.- Anderson of Morgan, Anderson of Newton, Awtry, Barksdale, Bell, Bleckley, Born, Branch, .Buchan, Burch of Laurens, Butler, Butt, Cannon, Carr, Chambers, Chapman, Volley, Cook, Cox of Harris Crawford, Cunningham, Davis of Houston, Greene of Baldwin, Hank@, Harp, Harrison, Henderson, Hulsey, Humber, Hut~hins, Ivey, Janes, Jordan of Cra"ford, Kendrick, Kimsey, King, Kirby, Lamb, Livingston, Luffman, McAfee. McDonald, McLucas, McWhorter Pike, Polhill, Pope, Poppell, Prescott, Rankin, Riden, Roberts, l:togers, Roney, Russell, ScruggH1 Shannon, Sharman, Sikes, Smith of Butt~, Smith of Walton, Strickland of Bryan, Strickland of Clinch, Strother, Tarver, Tatum, FRIDAY, OcTOBEH 10, 1879. 1931 Davison, DeLoach, Dupree, Duvall, Elder, Fitzgerald, Fletcher, Ford, Fuller, Garrard, Grant, Glover, M11ler of Houston, Milner, Myratt, Nisbet, Northern, Oliver, Patterson, Peacock, Phillips of Cobb, Phillips of Cofiee~ Phinizy, Vick, Walters, Walton, Welch, Wheeler, Wilcox, Williams, C. W. Willingham, Wright, Yancey. Zellner. Those voting in the negative are Messrs.- Brintle, Duggar, l\fcGouirck, Puckett, 'fhose not voting are Messrs.- Adams, Anderson of Pulaski, Barron, Bennett, Berry. Bird, Brantley Burch of Towns, Clegg, Collins, Cox of Troup, Daniel, Davis of Baker, Dickin, Dozier, Du.&se, Farnell, Fort, Gammage, Gray, Greene of Madison, Hall, Hammond, Hamilton, Yeas, 100. Nays, 4. Not voting 70. Harrell, Harris, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Irvine, Johnson of Clay, Johnson of Johnson, Jordan of Wilkes, Lang, Mathews, Maund, McConnell, McCurry McRae, Miller of Liberty, Mitchell, Paine, Park, Paull, Perkins, Phillips of Carroll, Redwine, Reese, Roach, Sheffield of Early, Sheffield of Miller, Sibley, Simms, Smith of Oglethorpe, Taliaferro, Tate, Thomas, Toole, Turner of Brook.j, Turner of Coweta, Wall, Weehunt, West brook, Williams of Columba, Williams, F. J. Wilmot, Wilson. So the necessary constitutional majority having voted in the affirmative, the bill passed. The special order was the bill to regulate freight and passenger tariffs, and to prevent discriminations and extortion. 1932 JOURNAL OF THE ROUSE. The substitute adopted by the Senate was read. On motion of Mr. Awtry, the words "thirty-five hundred" were stricken out. On the motion to fill the blank with "twenty-five hundred," Mr. Hammond 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.- Awtry, Barron, Bell, Branch, Brintle, Burch of Laurens, Cannon, CChaax~r bers, Chaprran, Cook, Cox of Harris. L'unningham, Davison, DeLoach, Fitzgerald. Fletcher, Ford, Glover, Greene of Baldwin, Hanks, Harrison, Hudson, Humber, Janes, King, Kirby, Lang, Lutlinan, McAfee, McRae, Milner, Patterson, Phillips of Cobb Phillips of Cofiee, Pope, Prescott, ~ Puckett, Rankin, Redwine, Reese, Riden, Roach, Rogers, Scruggs, Shannon, Stric',land of Bryan, Strickland of Clinch, Taxver, Tatum, Toole, Turner of Coweta, Vick, Walton, Welch, Williams, C. W. Yancey Those voting in the negative are Messrs.- Adam~, Anderson ef Morgan, Barksdale, Bennett, Bleckley, Born, Butt, (olley, Collins, Daniel, Davis of Baker, DuBose, Duggar, Dupree, Duvall. Elder, Fuller, Gammage, Garrard, Harp, Henderson, Hulsey, Hutchins, lvey, Jordan of Crawford, Kendrick, Kimsey, Lamb, Livingston, Mathews, McConnell, :McDonald, McGouirck, 1\-Ic'Whorter, Mitchell, Mynatt, :Nisbet,; Northern, Phinizy, Polhill, Poppell, Roberts, Roney, Russell, Sharman, Sikes, Smith of Hutt~, Smith of Oglethorpe, Smith of Walton, Strother, Tate, Thomas, Walters, Westbrook, Wheeler, Wilcox, Willingham, FRIDAY, OcToBER 10, 18i9. 1933 Grant, Gray, Hammond, Oliver, Paine, Paull, Wrisht, Zellner. '!'hose not voting are Messrs.- Andersoc of Newton, Anderson of Pulaski, Berry, Bird, Brantley, Buchan, Burch of TownR, Butler, Clegg, Cox of Troup, Crawford, Davis of Hon~t.on, Dickin, Dozier, Farnell, Fort, Greene of Madison, Hall, Hamilton, Harrell, Harris, Hill, Hogan, Hollis, Howell of Lowndes, Htnvell of Pickens, Irvine, Johnson of Clay, Johnson of Johnson, Jordan of Wilkes, Maund, McCurry, McLucas, Miller of Houston, Miller of Liberty, Park, Peacock, Perkins, Phillips of Carroll, Pike, Shef!ied of Early, Sheflied of Miller, Sibley, Simms, Taliaferro, Turner of Brook~, Wall, Weehunt Williams of Columbh, Williams, F. J. Wilmot, Wilson. Yeas 57. Nays65. Not voting, 52. So the amendment was lost. Mr. Westbrook offered an amendment to insert ''three thousand." Mr. Phinizy called for the previous question on the amendment. The call was sustained, and the main question ordered. The amendment was lost. Mr. Hammond proposed to amend by inserting "twenty seven hundred." Mr. McWhorter raised the point of order that the House having voted down an amendment inserting a smaller amount., this amendment could not be entertained. The Speaker pro tem. ruled the point of order not well taken. The amendment was not adopted. 1934 JOURNAL OF THE HoUSE. Mr. Harrison moved to amend by inserting "twentyfour hundred." On this question Mr. Oliver called for the yeas and nays. The call was sustained. and on calling the roll the vote was as follows : Those voting iu the affirmative are Messrs.- T Adams, Anderson of Morgan, Awtry, Barksdale, Barron, Bell, Berry, Bleckley, Branch, Burch of Laurens, Butler, Butt, Cannon, Carr, Chapman, Colley, Collins, Cook, Cunningham, Daniel, Davison, Dupree, Duvall, Fitzgerald, Ford, Gammage, Garrard, Glover, Greene of Ba.~dwin, Hammond,. P"anks, H ...rrison, Hulsey, Humber, Hutchins, Janes, Kendrick, Kimsey. King, Lamb, Lang, Livingston, McAfee, McConnell, McRae, Milner, Mynatt, Nisbet, Northern, Paine, Patterson, Paull, Peacock, Phillips of Cobb, Phinizy, Polhill, Pope, Prescott. Puckett, Rankin, Redwine, Reese, Riden, Roach, Rogers, Roney, Russell, Scruggs, Strickland of Bryan Strickland of Clinch, Strother, Taliaferro, Tarver, Tatum, Thomas, Toole, Turner of Coweta, Vick, Walters, Walton, Welch, Westbrook, Wilco!r. Williams, C. W, Yancey, Zellner. Those voting in the nega.tive are Messrs.- Bennett, Born, Brintle, Cox of Harris, Crawford, DeLoach, Duggar, Elder, Fletcher, Fuller, Grant, Harp, Hudson, Jordan of Crawford, Luffman, Mathews. McDonald, McGouirck, McWhorter, Mitchell. Oliver, Phillips of Coffee, Poppell, Sharman, Sikes, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Tate, Wheeler, Willingham, FRIDAY, 0CTO:BER 10, Hl7:). 1935 Thos"l not voting are Me3srs.- Anderson of Newton, Anderson of Pulaski, Bird. Brantley, Buchan, Burch of Towns, Chambers, Clegg, CGx of Troup, Davis of Baker, Davis of Houston, Dickin, Dozier, DuBose, Farnell, Fort, Gray, Greene of Madison, Hall, Hamilton, Harrell, Harris, Hender report the bill back with a recommendation that it do pass, by substitute. P. L. MYNATT, Chairman. The following message was received from the Senate through Mr. Harris, the Secretary thereof: M?. Speaker : The Senate has passed the following House bills, towit: A bill to carry into effect paragraph 1 and 2, section 7, a.rticle 7 of the Constitution. Also, a bill to enlarge the facilities furnished for education at the University of Georgia. Also, a bill to provide for the compensation of Ordinary of Washington county. Also, a bill to fix the time for holding the spring terms of the Superior Court in the county of Milton. Also, a bill to create a Board of Commissioners of turnpike roads in this State. Also, a bill to amend section 655 of the Code. 1942 JouRNAL OF THE HousE. Also, a bill to change the time of holding the Superior Court in the county of Henry. Also, a bill to incorporate the Mutual Insurance Company of Augusta. The Senate has also adopted the following E;ouse resolutions: A resolution- Making an appropriation to pay the expenses of th~ committee accompanying the remains of the late Ron. J. C. Clements to the county of Montgomery. Also, a resolution making appropriation to pay H. G. Williams for making transcript of certrin land books. The Senate has also passed, with certain amendments, in which they ask the concurrence of the House, the following House bills, to-wit : A bill to create and organize a Board of Commissioners of Roads and Revenue for the county of Fulton. Also, a bill to amend an act to authorize the sale of the Macon and Brunswick Railroad. The following House bills were lost in the Senate: A bill to repeal section 191 cf the Code. Also, a bill to amend section 3036 of the Code. Also, a bill prescribing how county lines may be changed. Mr. Paine, Chairman of the Committee on Enrollment, submitted the following report: Mr. Speaker: The Committee on Enrollmf\nt report as duly enrolled, and ready for the signature of the Speaker of tha House of Representatives, the following acts, towit: An act to reduce the bond of the Sheriff of wayne county, and for other purposes. Also, an act making appropriation for the payment S.A.TURD.A.Y, OCTOBER 11,~1879. 1943 of the expenses of the special committee on the investigation of the office of the Principal Keeper of the Penitentiary. Also, an act to declare the Toccoa River a navigable stream for certain purposes. Also, an act to amend an act to incorporate the Law renceville Branch Railroad, and for other purposes. Also, an act to authorize the registration of the bonds of this State, and for other purposes. A.lso, aH. act 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 the same when levied on. A.lso, an act to alter and amend the road laws of this State, so far as relates to the county of Fulton, and for other purposes. A.lso, an act to provide for the incorporation of library and other literary, charitable or social organizations which have no capital stock, and are not organized for individual pecuniary gain. Also, an act to make it a felony in certain cases for the officers of any bank or company or individual doing a banking business in this State, where such bank, company or individual fails to pay deposits. A.lso, an act to amend an act to consolidate, amend and codify the various acts incorporating the city of Forsyth, in the county of Monroe, and the various acts amendatory thereof, approved March 5, 1875, so as to allow the Mayor and Council to levy and collect a tax on all professions, business and callings carried on in said city. A.lso, an act to incorporate the Skidaway Narrows Canal Company, and to grant certain privileges therein named. A.lso, an act to repAal the acts creating and organizing County Criminal Courts for the counties of Bartow 1944 JOUR~AL OF THE f:l.OUSE. and Washington, and to provide for the transfer of the business pending in said court. Also, a resolution to pay mileage to the members of the General Assembly, Principal Door Keepers and Messengers thereof for the present adjourned session of the General Assembly. \V. W. PAINE, Cha.irman. The following message was received from the Senate, through W. A. Harris, Secretary thereof: Mr. Speaker : The Senate has passed the following House bill, towit: A bill to be entitled an act to regulate and restrict the rate of interest in this State, and for other purposes, and I am instructed to transmit the same to the House of Representatives at once. The following bill was read the third time; the re port 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 105, nays none, to-wit: A bill to regulate the traffic in oats, corn, cotton and other farm produce outside of incorporated towns in the county of Thomas. The House went into Comm1ttee of the Whole. Mr. Chambers, chairman of the Committee of the Whole House, submitted the following report: Mr. Speaker: The Committee of the Whole House have had under consideration a bill to establish another asylum for the insane of Georgia, which they have instructed me to report back with the recommendation that it do not pass. SATURDAY, OCTOBEr: 11, 1879. 1945 Mr. Cook called for the previous question on the question of agreeing to the report of the committee. The call was sustained, and the main question ordered. The bill was read the third time, and on motion of Mr. Riden, withdrawn. On motion of Mr. Hulsey, the use of the Hall of the House of Representatives was tendered to Mr. John H. Seals for Tuesday night next, provided the House does not need it for business. Mr. Smith of Oglethorpe, submitted the following reports of the committee appointed to investigate the Department of Agriculture : .A-Ir. Speaker: The special committee, appointud by you under a resolution adopted to investigate the Depa"tment of Agriculture, have discharged that duty. 'l'hey herewith submit the testimony taken, and beg leave to make the following report : It has been a laborious and tedious task-much more so than was at first anticipated. We have, during the whole invesUgation, endeavored to be impartial and just. The public good alone we have sought to promote. The Department of Agriculture was established the 1st of September, 1874. Dr. Thomas P. Janes was, at the organization of said Department, appointed Commissioner by Governor Smi.th, and re-appointed by Governor Colquitt, and heJd the office continuously until he resigned, on the 23d of September last. During this time he has expended on account of the Department, $73,064 98. A statement showing the purposes for which this sum was expended was furnished the committee by R. J. Redding, Clerk of the Department, under oath. See "Exhibit B." 123 1946 JouRNAL OF THE HousE. Of this amount, the sum of $44,577 76 were expended for salaries alone. We find the Commissioner, during the time he was in office, expended no less than $1,178 35 for traveling expenses. See "Exhibit A," from which it will appear that most of this sum was paid out for the traveling expenses of the Commissioner hims~lf. It is in evidP-nce that he did not furnish any vouchers for these expenses in any case. The law fixed his salary at $2, 000, and did not provide for the paying of his traveling expenses. Admitting, for the sake of liberality and fairness, that when the Commissioner traveled on business of the Department strictly, it was proper for his expenses to be paid, yet to have them paid when simply visiting Agricultural Conventions OI' Congresses, or religious meetings, or cattle shows in New York, or for going to any place for any purpose whatever not absolutely necessary to carry on thA real business of the Department, was a misappropriation of the funds entrusted to his care. Exhibit C shows the amount of money collected and expended on account of the inspection and analysis of fertilizers under the act of February 2~, 1877, for the two years in which it has been of force. From this It will be seen that during this time the Commissioner has paid out $22,244.72 for inspection and analysis, and has collected as inspection fees $89,263.60-showing a net income of $66,918.88. It is in evidence that the salaries paid the inspectors were entirely too much for the services rendered. We are free to say that the expenses of inspecting and analyzing were double what they ought to have been, if not treble. Had net income been the object, and economy practiced, the net receipts from this source might have been much larger. We do not hesitate to say that the inspection fee is a SATURDAY, OcTOBI 1: 11, 1879. 1947 tax, pure and simple, upon the consumer. It is more, it is a special tax upon the consumer. All taxes are but burdens upon labor. The farmers who use fertilizers for the purpose of enriching their lands and increasing their crops most assuredly add to the general prosperity of the Commonwealth, and are, therefore, to tllat extant public benefactors. Every pursuit, avocation and profession, either directly or indirectly, reaps the benefit. The great desideratum of the farmers of the State is a cheaper fertilizer. Give them that and they are henceforth independent. Emigration from our grand old State will cease. The red hills and barren fields will be covered with golden grain. The managers of railroads and other transportation lines are alive to the importance of this necessity and have therefore reduced the rates of freight on all fertilizers to a mere nominal sum. They know, as we do, that the less the treight, the less the cost of the article to the consumer. "\Vhatever other legislation is deemed necessary, the one great fact to be borne in mind is not to destroy competition, or in any way whatever increase the cost of fertilizers to the farmer one farthing. The worst feature of the Department is this net income from the inspection and analysis of fertilizers. It is but "the sweat of the poor," it is additional labor and toil unjustly put upon the already overburdened farmers. lf the State needs more revenue, let he1 levy a higher rate of ad valorem taxes upon all her people. 'l'he man of wealth invests his thousands in bonds and pays no taxes. 'fhe money lender often escapes from bearing his just proportion of the burdens of government; but the poor farmer is made to pay tax upon his rocky knolls and gaping gullies. His every inch of land is taxed. He cannot hide it. He cannot escape it. Though his wife and children cry for bread, the tax gatherer walks his eternal rounds and will not relieve him from the payment of one fa1'thing. 1948 JouRNAL O.l! THE HousE. The farmer might the better bear this tax upon fertilizers, if inspection and and analysis were the protection to him they purport to be. With a view of ascertaining to what extent they are a protection, we have examined with great care and labor the records of the Department. Exhibit D is the result of a careful examination into the manner in which thirty-nine brands of fertilizers were inspected, analyzed and placed upon the markets in Georgia during the seasons of 1878-9. Dr. ,James S. Lawton, one of the inspectors, inspected these thirty- mne brands in bulk at the factories at Boston, New York, Baltimore, and elsewhere outside of the State in September, 1878. In reference to this Exhibit, we deem it proper to remark further, that Dr. Janes in the earlier part of his administration did not favor inspecting fertilizers in bulk outside of the State. The act of July 28, 1874, does not authorize inspections beyond the limits of the State. The first and second sections are as follows: Section 1. That from and after the passage of this act, it shall not be lawful to sell, or offer for sale, any fertilizer manufactured in this State, or to bring into this State for sale and distribution, any fertilizer manufactured beyond the limits of this State, unlee~s, before offering for sale, or the sale or distribution of the same, there shall be an inspection and analysis made of it by the inspector appointed, or to be appointed, under existing laws in the county where manufactured, or in the district or port of entry where the same shall be introduced from without the State. Section 2. That every dealer in fel'tilizers who shall ship into this State, or receive fertilizers for sale or distribution in any district or section thereof where there is no inspector, shall call on the nearest inspector to have the same inspected and analyzed. SATURDAY, OCTOBER 11, 1879. 1949 These sections are not in conflict with the act of1877, and are, therefore, not repealed by said act. They show that the law did not contemplate or authorize making inspections outside of the State. In regulations issued by Dr. Janes on the 15th of July, 1875, he required all fertilizers manufactured outside of the State, to enter it, and be inspected and analyzed, at one of certain ports or places, before being admitted tv sale. On the 24th of Octob~r, 1876, he issued regulations requiring all fertilizers made outside, to enterthe State at certain named ports or places, and had inspectors provided to meet all such shipments. On the 1st of September, 1~77, he issued regulations allowing inspectors to go outside to make inspections, provided they first obtained from him a special permit, in every case, to do so. On the 1st of September, 1878, he issued his rules and regulations for the season of 1878-79, in which he said: "If necessary to facilitate transportation, inspections may be made outside of the State, by special permission of the Commissioner of A~riculture, tf> whom application must be made by the party procuring it." Yet, at the very date of this last named order, Dr. J. S. Lawton, one of his inspectors, ac.companied by the Commissioner himself, was in Northern cities, inspecting fertilizers in bulk at the manufactories. See the testimony of Dr. Lawton, and the exhibit of traveling expenses furnished from the records of the Department (Appendix "A"), showing that Dr. Janes was absent at that time, visiting fertilizer manufactories, and paid his traveling expenses for that trip out of the Department. The cautious policy first adopted about inspecting fertilizers outside of the State, appears to have been most recklessly abandoned ; and the Commissioner ap- 1950 JoURNAL OF THE flOUBE. pears to have violated his own orders before they were printed for distribution. The last order quoted allows inspections outside the Stater only upon special permission of the Commissioner; and the a"lplication for such permit was to be made directly to Cte Commissioner by the party desiring it. The testimony of Col. Redding, the Clerk of the Department, shows that no applications were made to Dr. Janes, for Dr. Lawton or any other inspector to go outside of the State, at that timP, to make inspections, and that he bad no recollection of any such applications; but that he did grant written permission to Dr. Lawton to go and make those inspections, though the required applications of the manufacturers had not been made to che Commissioner. Dr. L:twton visited a number of factories in or near Baltimore, New York and Boston, and in.spected no less than thirty-nine distinct brands of fertilizers to be placed upon the Georgia market. The samples taken by him on this trip were analyzed, and the analysis published by Dr. Janes on the 20th of January, 1879, and circulated in the State, giving assurance to Georgia farmers that these brands could be safely purch.tsed by them, when, in fact, under the circumstances, no such assurance could be safely given. '!'here was nothing to prevent any or all of those manufacturers from adnltering their goons after Dr. Lawton left with his samples, or from making an inferior article, and shipping it into the State, instead of that which was inspected, and successfully defrauding the farmers, if they had been disposed to do so. "\Ve have ascertained that the plan adopted was this: when any of these manufacturers desired to make shipments to that sec tion of Georgia in which Dr. Lawton attended to the business of inspecting, they would write to him, in- SATURDAY, OcrOBER 11, 1879. 1951 forming him of the brand, the number of tons, the name of the consignee, and his place of business ; whereupon the Doctor, as inspector, would send the consignee the number of tags required, either by mail or express ; and then report the case to the Department as an inspection. He would enter it fully on his record ; 1-nd on his report of it to the Commissioner, as a regular inspection-giving full particulars as required, but the sample that ought to accompany all such reports was lacking. It was not taken by him ; and to remedy this serious defect he would make a marginal note on his record that this (construct-ive) inspection was represented by a sample taken at the factory, in a Northern city, in September previous. With this practice, and an understanding to this effect, any of these ma.nufacturers, had they been so disposed, had ample opportunity to send an inferior article into the State and sell it with the inspector's tag on it, thus defrauding such farmers as put their trust in the Department to protect them. The first official circular of analyses published by the Commissioner, for the season of 1878-79, contained analyses of forty-three brands, thirty-five being of samples taken by Dr. Lawton in bulk in Northern factories, only eight being samples taken by inspectors in the State. Dr. Lawton testified that he took new samples of some of these brands after they were shipped into the State, and had them analyzed. He evidently made this statement without examining or recollecting the facts. We find from the records that he reported no less than eighty constructive inspections of these thir- ty-nine brands-that is, he furnished tags to be applied to no less than eighty shipments of these brands into Georgia during thP. winter and spring follo~ing, and the fertilizers of these eighty shipments went to sale in 1952 JOURNAL OF THE HoUSE. Georgia without any inspection or analysis, and these eighty shipments amounted to nearly 8,1500 tons. This, we think, looks more like the Commissioner was abusing his high trust and betraying the confidence of farmers than protecting them, as contemplated by law. We do not k:10w that any manufacturer of these thirty-nine brant1s took advantage of the opportunity they had, and sent inferior goods into the State. We think it likely that it was not done to any great extent, if all ; but we feel sure that such opportunities for the practice of fraud could not have been long con'tinued without some evil-disposed person taking advantage of it. We think it highly probable that on this point the investigation was timely, and has nipped in the bud a most serious abuse, which had gone nearly far enough to expect its lPgitimate frnits. As before stated, there were eighty shipments of these thirty-nine brands into Gt~orgia, amounting to nearly 8,500 tons, the. most (if not all) of which, it is reasonably safe to concl udo::, was neitlu~r inspected nor analyzed. In only twelve shipments did Dr. Lawton actuallyinspectany of these thirty nine brands after the goods came into the State, and in only one single case was any of these rf'al inspections by him, analyzed, and that caoe covered only fifty tons. 'fht-: twelve real inspections of these brands C0\7ered ovel' 2,500 tons, yet but one sample of these twelve was analyzed as the law requires. Dr. Janes testified that all of these thirty-nine brands were inspected by other inspectors after shipments of them reached the State, and the samples so taken were analyzed, showing better results than the analyses of samplt>s taken by Dr. La.wton at the factories, and p;ave as a reason for this that the fertilizers, when sampled later in the season, were dryer than when inspected in September at the factories in bulk. This, SATURDAY, OcTOBER 11, 1879. 1953 we think, is a mere supposition on his part-a statement made without knowing the facts. We think it equally as reasonabl~=>, if not more so, to Sl'lppose that these later shipments were of fertilizers more newly made, fresher from thfl factory, and therefore contained more moisture. We examined the original certificates of analyses of Professor Land, on file in the Commissioner's office, and could find among them only ten brands of the 39, of which more thar.. one analysis was made-that is, an analysis, of Dr. Lawton's first sample at the factory, and. one of a sample taken in Georgia. In five of these ten cases, the results of the last analysis were better--in the other five not so good. We also found that in five of these the last analysis showed more moisture, and five less. Dr.Janes' records show that the 39 brands no less than 42,383 tons were shipped into the State. Of this, Dr. Lawton's inspections, at the factories, represented 2,330 tons. The analyses of these samples represented that quantity at the factories. Only ten samples, all told, of these branls, taken in Georgia, were analyzed, and these ten samples represented only 1,048 tons. Quite a number of samples, of these brands, were taken by other inspectors, after shipments reached the State. But very few of these samples were analyzed by Dr. Janes, as before stated. In justice to Dr. Lawton, we will say that, when he inspected the 39 brands outside of the State, he took an obligation from the manufacturers to cancel and make null and void all sales of these brands made within the State if their official analysis showed them to be below the standard required by law. Dr. Lawton had the permission of the Commissioner to take this obligation. 1954 JouRNAL oF THE HousE. We here exhibit an exact. copy of this obligation, prescribed and ordered to be taken by the Commissioner: (Requestfor Inspection.) ..................... , Ga., .............. 187.. To ....................................... . Inspector of Fertilizers. Yon are hereby requested to inspect ......... tons of ................................................... ' and in conside1ation of being allowed to proceed to sell and distribute the sam~ before the official analysis thereof is made, .... hereby agree and bind ........ . to cancel and make null and void all sales that may be made thereof, and' forfeit all right to compensation thereof, if, after the official analysis is made, the Commissioner of Agriculture shall prohibit its sale in accordance with law. This obligation could not always protect the farmers from imposition. The sending of inspectors' tags by inspectors to manufacturers in New York, Richmond, Virginia, or Wilmington, North Carolina, or elsewhere outside of the State, or to their consignees at points in the State, to be by them put upon their goods ad libitum, without having the fertilizers to which these tags were attached actually inspected and analyzed, was giving the said manufacturers and dealers every opportunity to evade the law and perpetrate fraud upon the farmers of Georgia If the manufacturer could put tags upon his goods at his factory, or have his agent do so at the points of consignment in the State, without an actual inspection and analysis of the fertilizers as shipped, he had nothing to fear, even though he knew his goods were in- SATURDAY, OCTOBER 11, 1871}. 1955 ferior or spurious. Dr. Lawton testified that fertilizPrs with tags on when they came into the State, were passed by and not inspected, upon the presumption they were all right. The salaries paid by the Commissioner to his em- ployees were extravagant. No clerks in any other department of our State Government were so well paid. No doubt the clerks and employes in the Department were generally efficient, but the work could have been performed at much less expense. It might be pre- sumption in us to say what wiU be thfl future of the Department, but we feel safe in saying that the results thus far are not commensurate with the amount of money expended. The evidence shows the Commissioner has, at differ- ent times, to some extent, used the funds of the De- partment to publish and circulate matter not author- ized or contemplated by law. The salarir:>s of the Inspectors, as fixed by the Com- missioner, w.ere not only too high, as before stated, but when we come to notice the additional fact that in- spectors of fertilizers are ex-o:fficio inRpectors of kero- sene oil, which, in cities like Savannah, Augusta, At- lanta, etc., pays, of itself, from $400 to $800 annually, were extravagantly so. ThPre are many other facts connected with the ad- ministration of Dr. Janes, disclosed by U.e evidence, upon which we might criticise and call the attention of the House, but we forbear, and leave the matter in the hands of the Honf;le. and ask them to take such action as to them may seem just to the State and fair to the Com missioner. All. of which is most respectfully submitted. [Signed] JAl\-IES M. SMITH, Chairman; J. B. WHEELER, w.J. D. l\1I'l'CHELL, R. SMITH. 1956 JouRNAL oF THE HousE. REPORT NO. 2. Mr. Speaker : We, the undersigned members of the special committee, appointed to investigate the management of the Department of Agriculture, respectfully submit the following conclusions from the testimony which has been taken: We find that Commissioner Janes has, in some instances, been extravagant in the use or disbursement of tl>e appropriations allowed him by law. In other instances he has manifestt>d a good degree of carelessness in the execution of the fertilizer Jaws. We are in duty bound, however, to say that the successful estab lishment of the Department of Agriculture in Georgia, at the time and under the circumstances, was an Herculian task; especially so, when we consider the fact that Dr. Janes had no guide nor precedent established, by which he could map out the future operations of his Department. Therefore, much of his work, necessarily, was simply experimental. That Dr. Janes has done much for which he should be commended, we doubt not. Yet, without intention, perhaps, (with the large discretionary power given him by the law), he has, in our opinion, made mistakes, been guilty of extravagance and carelessness, in which we would not charge corruption or design to defraud the State. Respectfully submitted. L. F. LIVINGSTON, EDGAR C. PoPE, 0. W. WILLIAMS, E. G. HILL. On motion of Mr. Smith of Oglethorpe, the resolution to print 1,000 copies of the reports was taken up for action. No quorum voting, a call of the roll of the House SATURDAY, OCTOBER 11, 1879. 1957 was ordered, and on calling the roll the following members Here absent, to-wit: 'fhose absent were Messrs.- Anderson of Newton, Anderson of Pulaski, Awtry, Bll-d Bleckley, Born, Branch, Brantley, Burch of Towns, Carr, Clegg, Colley, Collins, Cox of Harris, Cox of Troup, Crawford, Dick in, Dozier, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Fort, Greene of Madison, Hall, Hamilton, Harrell, Harris, Hill, Hogan Hollis, Howell of LowndeF, Howell of Pickens, Hulsey, Irvine, Johnson of Clay, Johnson of Johnson, Jordan of Wilke.~, Lang, Lullinan, Mathews, McCurry, Those present were Messrs.- Adams, Anderson of Morgan, Barksdale, Barron, Bell, Bennett, Berry, Brintle, Buchan, Burch of Laurens, Butler, Butt, Cannon, Chambers Chapman, Cook, Cunningham, .uaniel, Davis of Baker, Davis of Houston, navison, DeLoach, DuBose, Duggar, Ford, Henderson, Hudson, Humber, Hutchins, Ivey, Janes, Jordan of Crawford, Kendrick, Kimsey, King, Kil-Ey, Lamb, Livingston, Maund, McAfee, McConnell, McDonald, l\icGourick, Me vVhorter, Milner, Mitchell, Nisbet, Northern Oliver, Paine, McLucas, McRae, Miller of Houston, Miller of Liberty, Mynatt, Perkins, Phillip~ of Carroll, Pike, Polhill, Rogers, Roney, Sheffield o. Early Sheffield of Miller, Sibley, Simms, Strother, Toole, Wall, Weehunt, Wilmot, Wilson Wright. Rankin, Redwine Reese, Riden, Roach, Roberts, Russell, Scruggs, Sharman, Shannon, Sikes, Smith of Butts, Smith of Oglethorpe, Smith of Walton Strickland of Clinch, Strickland of Bryan, Taliaferro, Tarver, Tate, Tatum, Thomas, Turner of Brooks, Turner of Coweta, Vick,' Walters, 1958 JoURNAL OF THE .HOUSE. Fuller, Gammage, Garrard, Grant, Gray, Glover Greene of Baldwin, Hammond Hanks, Harp, Harrison, Absent, 66. Present, 108. Park, Patterson, Paull, Peacock, Phillips of Cobb Phillips of Coffee, Phinizy, Pope, Poppell, ' Prescott Puckett Walton, Welch, Westbrook, Wheeler. Wilcox, 0 vVilliams of Columbia I Williams, C. W., Williams, F. J. Willingham, Yancey, Zellner. The resolution was adopted. 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 constitutional majority; yeas 94, nays none, to-wit: A bill to amend au act to regulate the traffic iu seed cotton in the counties of Decatur and Randolph, approved February 26, 1876, so as to extend the provisions of said act to the county of Lee. 'fhe following bill was read the third time ; the evi dence of the publication of the notice required by law was exhibited; and the bill, by substitute, by the requisite constitutional majority; yeas 94, nays none, to-wit: A bill to extend the corporate limits of the city of Savannah. Mr. Paine, chairman of the Committee on Enrollment, submitted the following report : Mr. Speaker: 'fhe Committee on Enrollment report as duly enrolled, signed by the President of the Senate, and ready for thA signaturA of the Speaker ot the House of Representatives, the following act, to wit: An act to prescribe the manner of fixing the compensation of jurors and bailiffs in all the counties of the State. W. W. PAINE, Chairman. SATURDAY, OcTOBER 11, 1879. 1959 The following bill was read the third time ; the re- port of the committee, as amended, was agreed to ; the 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 100, nays none, 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. On motion, this bill and House bill No. 861, were 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 96, nays none, to-wit: A bill to amend an act incorporating the town of Forestville, in the county of Floyd, so as to limit and diminish the boundaries of said town. 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 passed, as amended, by the requisite constitutional majority ; yeas 93, nays 5, towit: A bill for the protection of game and birds in the county of Houston; 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. 'he 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, as amend ed, was agreed to, and the bill passed, as amended, 1960 JOURNAL OF TR.l!l HoUSE. by the requisite constitutional majority; yeas 94, nays none, to-wit : A bill to create a Board of Commissioners of Roads and Revenues for the county of Taylor, define their powers and duties, and for other purposes. The following bill was read the third time, and the substitute proposed by Mr. Livingston was adopted, to-wit: A bill to create a lien on mares and their colts in favor of owners of stallions and jacks. Mr. Livingston called for the yeas and nays. The imms, Taliaferro, Tarver, Turner of Brookf, Wall, Weehunt Willia.ns of Columbh, Williams, F. J. Wilmot, Wilson. So the necessary constitutional majority not having voted in the affirmative, the bill was lost. 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 requisite constitutional majority; yeas 97, nays 11, to-wit: A bill to amend an act to require the registration of voters in Camden county, in this State, and for other purposes, approved, February 26, 1877. On motion of Mr. Janes, the rules were suspended and following bill read the second time, to-wit: A bill to regulate the time of holding the Superior 124 1962 JoURNAL O.F THE .floUSE. Courts in the several counties composing the Rome Circuit in this State. Mr. Turner, of Brooks, chairman of the Committee on the .Tudiciary, submitted the following report: Mr. Speaker: The Committee on the Judiciary have had under cunsideration the following bill, which they recommend do pass, to-wit: A bill to be entitled an act to alter and fix the fees in criminal cases of the Clerk and Bailiff of the Bibb County Court, and for other purposes. The committee find that the proper notices have been given of intention to apply for passage of this bill. 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 alter and amend an act to empower the Judges of the-Superior Courts of this State to appoint or employ a Reporter or Stenographer in their Courts; to define the duties of such Reporter or Stenographer, fix his fees, and for other purposes, approved February 25, 1876. 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 regulate the time of holding the Superior Courts of' the several counties composing the Rome Circuit in this State. 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 enable the State to collect certain taxes owing by railroads in this State un- der ft. jas. now pending, and to legalize the assess- ments already made for that -purpose. SATURDAY, 0CT0!3.ER 11, 1879. 1963 Also, a bill to be entitled an act to allow Moore Stephenson, of the county of Douglas, to peddle without license in this State. Respectfully submitted. H. G. TuRNER, Chairman. Mr. MeWhorter, chairman of the Committee on Wild Lands, submitted the following report: Mr. Speaker : 'rhe Committee on "Wild Lands have had under consideration the following bill, which a majority of the committee recommend do pass, as amended : A Senate bill to be entitled an act to require the owners of property, whether real, personal or mixed, to give in and pay the tax upon the same in the county where the property is located, kept or used. The committee have also had under consideration the following resolution, which they report hack without recommendation: A resolution- That the Comptroller be requested to furnish a state- ment to the House of tax fl. t"as. issued. The committee have also had under consideration the following bills, which they recommE>nd that the introducer be allowed to withdraw: A bill to be entitled an act to repeal section 4 of an act approved February 24, 1878, entitled an act to regulate the manm~r of giving in wild lands for taxation, and the redemption thereof. Also, a bill to be entitled an act to abolish the wild land office, and to require all wild lands, or improved lands, to be given in on the common digest as improved lands are required to be given in by law, and for other purposes. Also, a bill to be entitled an act to provide how and where lands shall be returner:l for taxation in this State, 1964 JoURNAL OF THE HOUSE. and to provide for the collection of taxes thereon, and for other purposes. The committee have also had unJer consideration the following bill, which they recommend do not pass, to-wit: A bill to be entitled an act to regulate the manner of giving in wild lands for taxation, and the sale and redemption thereof, and for other purposes. The committee have also had under consideration the following resolution, which they recommend do not pass, to-wit: A resolution- Instructing the CommittPe on Wild Lands to investigate the enforcement of the wild land law. Respectfully submitted. R. L. McWHORTER, Chairman. Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the fo11owing report: Mr. {#Jeaker: The Committee on the Judiciary have had under con sideration the following resolution, which they recommend do pass, by substitute, to-wit: A resolution- Proposing to recognize the Hon. James A. Greene, of the county of Baldwin, as the agent of the State for the collection of certain claims of the State of Georgia against the Government of the United States. The committee have also had under oonsidemtiou the following bill, which they recommend do pass, to-wit: A bill to be entitled an act to prevent seining in Piscola Creek, in the county of Brooks. The committee find that the proper notices required SATURDAY, OCTOBER 11, 1879. 1965 by law have been given of int-ention to apply for the passage of this bill. Respectfully submitted. H. G. TURNER, Chairman. On motion of Mr. Humber, the rules were suspended and the following bill read the third time, and passed, as amended, by the requisite constitutional majority ; yeas 101, nays none, to-wit: A bill to provide for a local Board of Trustees for the Middle Georgia Military and Agricultural College, and the manner of filling vacanciel", and subjecting the acts of said Board to the approval or disapproval of the Board of Trustees of the University of Georgia. 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, as amended, by the requisite constitutional majority; yeas 94, nays none, to-wit: A bill to authorize the Cumming Manufacturing Company to borrow money on bond and mortgage, or otherwise, and for other purposes. Leaves of absence were granted to Messrs. Cox of Harris, Hanks, Lang, and Roberts. The House then adjourned till3 o'clock P.M. 3:00 O'CLOCK P. l\1. The Honse reassembled, and was called to order by the Speaker. Mr. Wright moved that the House adjourn tillSi o'clock Monday. No quorum voting, Mr. Wright demanded a call of the roll of the House. The roll was called and a quorum found to be present. 1966 JouRNAL oF THE HousE. The motion to adjourn was lost. Mr. Mitchell moved to suspend the rules. The motion did not prevail. On motion of Mr. Luffman, the following bill was withdrawn, to-wit: A bill to abolie' t the wild land office, etc. On motion of 1[r. Garrard, House bill No. 865 was taken frcm the tablP and placed in its order on the calendar. On motion of Mr. Shannon, the following bill was taken up, and the SPnate amendments concurred in, to-wit: A bill to incorporate the Carnesville Railroad Company. On motion of Mr. Miller of Liberty, House bill No. 863 was taken from the table and placed in its order on the calendar. On motion of Mr. Hogan, all Honse bills amended in the Senate were taken up. The Senate amendments to the following bill were concurred in, to-wit: A bill to declare the true intent and meaning of the 1st and 13th sections of an act to provide for the lease or sale of the Macon and Brunswick Railroad Company, approved September 3, 1879. The following bill was laid on the table, to-wit : A bill to create and organize a Board of Commissioners of Roads and Revenue for the county of Fulton. Also, the following bill, to wit: A bill to prescribe the time of trial of persons indicted for any of the grades of homicide, etc. The House went into the Committee of the Whole House. Mr. Livingston, chairman of the Committee of the 'Vhole House, submitted the following report: SATURDAY, OcroBER 11, 1879. 1967 Mr. Speaker: The Committee of the \\Thole House have bad under consideration a bill to encourage immigration to Georgia, and for other purposes, which they have instructed me to report back with the recommendation that it do pass, by substitute. The substitute was adopted, and the report of the committee agreed to, and the bill passed by the requisite constitutional majority ; yeas 90, nays 27; and on motion was ordered at once transmitter: 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 90, nays none, to-wit: A bill to repeal an act entitled an act to authorize the transfer of criminal cases pending in the Superior Court of Taylor county below the grade of felony to the Criminal Court, approved March 4, 1875, and to provide for the payment of insolvent costs in cases of felony. Mr. Paine, chairman of the Committee on Enrollment, submitted the following report : Mr. Speaker: The Committee on Enrollment report as duly enrolled, signed by the President of the Senate, and ready for the signature of the Speaker of the House of Representatives, the following acts, to-wit: An act to define the jurisdiction, powers and proceedings of every County Court, and of the Judge thereof, and the qualification and appointment of such Judge, and the force and effect of the process, judgment and decree of such court, so as in regard to such courts, and Judges to establish that uniformity requinid by paragraph 1, of section 9, of article 6 of the Constitution. 1968 JoURNAL OF THE HoUSE. Also, an act to amend section 1646 of the Code of Georgia in reference to the fees of Solicitors General. W. W. PAINE, Chairman. The following message was received from his Excellency the Governo , through Mr. Avery, his Secretary, to-wit: Mr. Speaker : His Excellency, the Governor, has approved and signed the following act, to-wit: An act making appropriation for the payment of the expenses of the special committee on the investigation of the office of the Principal Keeper of the Penitentiary. The bill just passed, and House bill No. 1018, were ordered nt once transmittPd to the Senate. 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, by the requisite constitutional majority ; yeas 94, nays none. towit: A bill to incorporate the Stonewall Insurctnce CJmpany of Augusta. 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 98, nays none, to-wit: A bill to incorporate Canal Steamboat Company. . 't'he 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 necessary constitutional majority ; yeas 92, nays 1, to-wit : A bill to exempt the Constitutional Guards, of Liberty county, from ro:1d duty. The following bill was withdrawn, to-wit : SATURDAY, 00TOBER 11, 1879. 1969 .A bill to establish a County Court in each county of this State. The following bills were indefinitely postponed, towit: .A bill to prescribe the manner of fixing the fees of jurors in every county of the State. .Also, a bill for supplying soldiers with artificial limb or limbs. The following message was received from the Senate through Mr. Harris, the Secretary thereof: M7. Speaker : The Senate has passed the following House resolution, with amendment, in which they ask the concurrence of the House, to-wit: .A resolution- Requesting the Governor to issue certain fl. fas. against the Treasurer of the State and his surAties on his bond. The resolution was taken up and the Senate amendment concurred in, and the action of the House was ordered at once transmitted to the Senate. Mr. Turner, of Brooks chairman of tht>o Committee on the Judiciary, submited the following report: Mr. Speaker: The Committee on the Judiciary have had under consideration the following bill, which they report back without recommendation, to-wit: .A bill to be entitled an act to carry into effect section 4, article 8, of the Constitution. Respectfully submitted. H. G. TuRNER, Chairman. The following bill was withdrawn, to-wit : .A bill to prevent guardians from encrtaching upon the corpus of the estates of their wards. 1970 JOURNAL Ol!' THE HoUSE. The following bill was indefinitely postponed, to- wit: A bill to amend a.n act, approved February-, 1875, relative to the appointment of stenographic reporters for the Superior Courts of this State. The following bill was read the third time, to-wit: A bill to repeal section 4687 of the Code of 1873, an act assented to the 26th day of February, 1874, both of which prescribe the manner of changing the venue in criminal cases. Mr. King called for the previous question. The call was sustajned, and the main question ordered. The report of the committee was disagreed to, and the bill lost; yeas 14, nays 84. The following bill was, on motion, indefinitely post- poned, to-wit : A bill to regulate the sale of commercial fertilizers, etc. The following bill was indefinitely postponed, towit: A bill to amend sections 2758, 2760, 2761, 2768, 2770 and 2772, as to the enforcement of court contracts. The following bills were, on motion, withdrawn, towit: A bill to regulate the liability of the State of Georgia as owner of the Macon and Brunswick Railroad. Also, a bill to create a Board of five Commissioners for the county of Washington. Also, a bill to increase the terms of the Superior Court of Bibb county. Also, a bill to amend section 1456 of the Code of Georgia. Also, a bill to amend paragraph 1445 ot the Code of 1873. The following bill was indefinitely postponed, to- wit: SATURDAY, OcToBER 11, 1879. 1971 A bill to provide for the selection and empannelling of juries in capital cases. The following bill was lost, the necessary constitu- tional majority not voting in the affirmative; yeas 76, nays 31: A bill to amend section 1456 of the Code of 187H in relation to the firing of the woods, and section 1458 in rc>lation to the punishment therefor. The following bill was indefinitely postponed, to- wit; A bill to carry into effect the constitutional provis- ion regulating freight and -passenger tariffs. The following bill was read the third time and laid on the table, to-wit: A bill 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. The following bill was withdrawn, to-wit: A bill to encourage immigration to Georgia, and for other purposes. The following bills were indefinitely postponed, towit: A bill to prevent imposture in the sale of commer- ~ial fertilizers, etc. Also, a bill to repeal sections 1631, 1632 and 1633 of the Code of 1873. Also. a bill to repeal an act to establish a County Uourt for the counties of Dougherty and Lee, so far as relates to the county of Lee. On motion of Mr. 'furner of Coweta, all bills passed to day hy the House were ordered at once transmitted to the Senate. The following bill was withdrawn, but the action of the House was reconsidered, and the bill laid on the table, to-wit : A bill to .carry out section 4, article 8 of the Consti- tution. 1972 JOURNAL OF THE HOUSE. The following bill was indefinitely postponed, towit: .A bill to prohibit the sale of intoxicating liquors within two miles ot Johnson's church, in the county of Warren. On motion of Mr. Miller of Houston, the rules were suspended, and the following resolution read the second time and agreed to, to-wit: A resolution- Requesting the Governor to investigate the facts relative to certain coupons of the Macon and Brunswick Railroad bonds. The following message was received from the Senate, through W . .A. Harris, Secretary thereof: Mr. Speaker : The Senate concurs in the substitute of the House with an amendment, in which they ask the cocurrence of the House of Representatives on the following bill, to-wit: .An act to carry into effect section 1, paragraph 3 of article 11 of the Constitution, prescribing the manner of changing county lines. The Senate has refused to concur in the aiJlendments of the House to the substitute of the Senate for a bill to be entitled an act to provide for thE' regulation of railroad freight and passenger tariffs in this State ; to prevent unjust discrimination and extortion in the rates and charges of transportation of passengers and freight, and for other purposes, and asks for a committee of conference, and have appointed as such committee on the part of the Senate, Messrs. Lumpkin and Perry. On motion of Mr. Miller of Houston, the time of the House was extended five minutes. On motion of Mr. MeWhorter, the following resolu- MoNDAY, OcTOBER 13, 1879. 1973 tion was taken up, read the second time and agreed to, as amended, to-wit : A resolution- Requesting Judges of the Superior Court to give in special charge the frauds in the transfer and sale of wild lands. The House then adjourned till Bt o'clock A. M. Monday. ATLANTA, GEORGIA, Monday, October 13, 1879. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Cliaplain. The l'Oll was called, and the following members answered to their names : Those present were Messrs.- Adams, Anderson of Morgan, Anderson of Newton, Awtry, Barksdale, Barron, Bel', Bennett, Berry, Bleckley, Born, Branch, Brintle, Buchan, Burch of Laurens, Butler, Butt, Cannon, Carr1 Chambers, Chapman, Hall, Hammond, Hanks, Harrell, Harp, Harrison, Henderson, Hill, Hogan Rowed of Pickens, Hudson, Hulsey, Humber, Hutchins, ~vey, oJanes, Jori'an of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Phinizy, Pike. Polhill, Pope, Poppell, Prescott, Puckett, Rankin, Redwine Reese, Riden, r..oach, Rogers, Roney, Russell, ScruggR, Shannon, Sharman, Sibley, Sikes, Simms, 1974 JOURNAL OF TRE HoUSE. Colley, Collins Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, DuBose, Duggar, Dupree,. Duvall, Elder, Farnell, Fitzgerald. Fletcher, Ford, Fuller, Gammage, Garrard, Grant, Gray, Glover, Greene of Baldwin, Greene of Madison, Kirby, Lamb, Lang, Livingston, Luffman, Mathews, Maund, Mc.Afee, McConnell, McDonald, McGouirck, McLucas, McRae, McWhorter, Miller of Houston, Miller of Liberty, Milner, 1\Htchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Perkins, Phillips of Cobb, Phillips of Coffee, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Stricklar.d of Bryan, Strickland of Clinch, Strother, Talia~erro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta, Vick, Walters, Walton, Weehunt, Welch, Westbrook, Wheeler, Wilcox Williams of ColumbiiJ. Williams, C. W Williams, F. J. Willingham, Wilson, Wright, Yancey, Zellner. Those absent were Messrs..;_ Anderson of Pulaski, Bird, Brantley Burch of Towns, Clegg, Dozier, Fort, Hamilton. Harris Hollis, p owen of Lowndes, lrvhe, Johnson of Clay, Johnson of Johnson, McCurry, Phillips of Carroll, Roberts, Sheffield of Early Sreffield of Miller Wall, Wilmot. Present 153. MAbr.senSti2k1e.s, from the Committee on Journal, re- ported the Journal of Saturday examined and approved. The Journal was then read and confirmed. Mr. Barksdale moved to reconsider so much of the the House upon a bill to prohibit the sale of intoxicating liquors within two miles of Johnson's Church, in Warren county. . MoNDAY, OCTOBER 13, 1879. 1975 The motion prevailed. On motion of Mr. Carr, of Rockdale, the following Senate bill was taken up and the Senate amendments to the House substitute were concurred in, to-wit: A bill to carry into effect section 1, paragraph 3, of article 11, of the Constitution prescribing the manner of changing county lines. The following bill was read the third time, and reconsidered, was take.n up, and the proper notice required by law was exhibited, and the bill passed by therequisite constitutional majority; yeas 101, nays none, to-wit: A bill to prohibit the sale of intoxicating liquors within two miles of Johnson's Church, in the county of Warren. On motion of Mr. King, the House insisted upon its amendment and agreed to the reqnest of the Senate for a committee of conference on the bill to regulate railroad freight and passenger tariffs, and the Speaker appointed the following committee of conference on the part of the House, to-wit: Messrs. King, Rankin and Westbrook. The following bill was withdrawn, to-wit: A bill to establish a thorough system of common schoo}J:; throughout this State. The following bill was read the third time, and passed by the requisite constitutional majority; yeas 95, nays none, to-wit: A bill to regulate the time of holding the Superior Courts in the several counties composing the Rome Circuit in this State. On motion of Mr. Harrison, Senate bills were taken up. The following Senate bill was read the first time and referred to the Committee on Finance, to-wit: A bill to regulate and fix the compensation of re- 1976 JOURNAL OF THE HoUSE. ceiving tax returns and collecting tax, where, by law, both the offices of Tax-Receiver and Tax-Collector are consolidated. The following Senate bill was read the first time and referred to the Committee on Banks, to-wit: A bill to incol'porate the Darien Bank and Trust Company. The following Senate bills were read the second time ; the report of the committee, adverse to the passage of the bill, was agreed to, and the bills lost, to-wit: A bill to amend section 2638 of the Code of 1873, with reference to contracts for future delivery. Also, a bill to prevent the careless use of fire-arms in certain cases, and to provide a punishment therefor. Also,. a bill to amend section 267 of the Code of 1873, which relates to the duties of Clerks of the Superior Courts. The following Senate bill was read the second time, to-wit: A bill to amend an act to empower the Judges of the Superior Courts of this State to appoint or employ a a Reporter or Stenographer in their courts, approved February 215, 1876. The following Senate bill was read the third time, and lost, the necessary constitutional majority n'ot having voted in the affirmative; yeas 154, nays 49, towit: A bill to provide for reaching the property of the debtor concealed from the creditor as required by the Constitution of Georgia. The following message ,.,..as received from the Senate, through Mr. Harris, Secretary thereof: Mr. Speaker: The Senate recedes from its amendments, which the House refused to concur in, to the bill to regulate the MONDAY, 0CTOI3EH 13, 1879. 1977 rates and manner of legal advertising in this Stat~, and to prohibit Sheriffs, Coroners, Clerks, Marshals, or other o:fficdrs, from receiving or collecting from plaintiff or defendant other or greater fees than therein pro vided. The Senate has passed the House bill to provide for the compensation of Auditors. Also, a bill to alter and amend the road laws, so far as relates to the county of Effingham. The following Senate bill was read the third time, and the report of the committee agreed to, to-wit: A bill to preJScribe the mode of foreclosing certain chattel mortgages. and to conferjurisdiction on Justices of the Peace, and for other purposes. On the question of the passage of the bill, Mr. Strickland 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, Awtry, .Barksdale, Barron, Bell, Berry, .Bl~ckley, Born, Branch, Brintle, Buchan, Burch of Laurens, Butler, Cannon, Carr, Chambers, Chapman, Collins, Cox of Harris, Crawford, Daniel, Davis of Houston, Davison, DeLoach, 125 Garrard, Grant, Gray, Glover, Hall, Harp, Henderson, Hogan, Hulsey, Humber, Hutchins, lvey, Janes, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Lamb, Lang, Livingston, Maund, McAfee, 1\icGourick, McLucas, Phinizy, Polhill, Pope, Poppell, Prescott, Puckett, Riden, Roach, Roberts, Rogers, Russell, Scruggs, Sharman, Sibley, Sikes, Smith of Butts, Smith of Walton, Strickland of Bryan, Strickland of Clinch, Strother, Taliaferro, Tarver, Tatum, Toole, Turner of Brooks, 1978 JouRNAL 01r THE HousE. DuBose, Duggar, Dupree, Elder, Farnell, Fitzgeral Fletcher, Ford, Fuller, Gammage, McWhorter, Miller of Liberty, Milner, Mitchell, Nor+.hem, Park, Patterson, Peacock, Phillips of Coffee, Turner of Coweta, Welch, Westbrook, Williams of Columb'a, Williams, C. W. Williams, F. J. Wilson, Yancey, Zellner. Those voting in the negative are Messrs.- Green of Baldwm, Greene of Madison, Hammond, Harrison, Kirby, Luffman, Mathews, Miller of Houston, Nisbet, Oliver, Paull, Pike, Redwine, Smith of Oglethorpe Thomas, Vick, Walters, Walton, Wheeler, Wilcox, Willingham. Th9se not voting are Messrs.- Anderson of Newton, Anderson of Pulaski, Bennett, Bird, Brautley, Burch of Towns, Butt, Clegg, Colley, Cook, Cox of Troup, Cunningham, Davis of Baker, Dickin, Dozier, Duvall, Fort, Hamilton, Hanks, Harrell, Harris, Hill, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Irvine, Johnson of Clay, Johnsvn of !ohnson, McConnell, McCurry, McDonald, McRae, Mynatt, Paine, Perkins, Phillips of Carroll, Phillips of Cobb, Rankin, Reese, Roney, Shannon, Sheffield of Early, Sheffield of Miller, Simms, Tate, Wall, Weehunt, Wilmot, Wright. Yeas 103. Nays21. Not voting 50. So the necessary constitutional majority having voted in the affirmative, the bill passed. On motion of Mr. Brintle, House bill No. 992 was ordered at once transmitted to the Senate. The following Senate bill was read the third time ; the rep.>rt of the committee was amended and agreed MoNDAY, OcTOBER 13, 1879. 197 9 to, and the bill passed, as amended, by the requisite constitutional majority ; yeas 88, nays none, to-wit: A bill to prescribe the manner of carrying into effect section 4, -paragraph 9, article 4 of the Constitution of this State in relation to the appointment of some person to pr~side in cases where the Judge is disqualified. Mr. Paine, Chairman of the Committee on Enrollment, submitted the following rPport : Mr. Speaker: The Committee on Enrollm~=~nt report as dnly 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 amend section 24 of an act establishing a public school system for this State, approved August 23, 1873. Also, an act for the -protection of game and birds in the county of Bibb ; to prohibit the killing, trapping or netting the same, buying, selling, or offering for sale the same during certain months, and for other purposes. Also, an act to repeal an act entitled an act to apportion the road hands in the counties of Emanuel and Johnson, approved February 27, 1877, so far as the same applies to Johnson county. Also, an act to alter and amend the road laws of this State, so far as relates to the county of Fulton, and for other purposes. Also, an act to provide forthe incorporation of library and other literary, charitable or social organizations which have no capital stock, and are not organized for individual pecuniary gain. Also, an act to make it a felony in certain cases for the officers of any bank or company or individual do- 1980 JoURNAL OF THE HoUSE. ing a banking business in this State, w}J.ere such bank, company or individual fails to pay deposits. Also, an act to amend an act to consolidate, amend and codify the various acts incorporating the city of Forsyth, in the county of Monroe, and the various acts amendatory thereof, approved March 5, 1875, so as to allow the Mayor and Council to levy and collect a tax on all professions, business and callings carried on in said city. Also, an act making appropriations for the payment of the expenses of the special committee on the investigation of the office of the Principal Keeper of the Penitentiary. Also, an act to declare the Toccoa River a navigable stream for certain purposes. Also, an act to amend an act entitled an act to in corporate the Lawrenceville Branch Railroad, and for other purposes. Also, an act to autho>rize the registration of the bonds of this State, and for other purposes. Also, an act 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 the same when levied on. Also, an act to authorize the granting of the writ of certiorari in all appeal cases tried by a jury in the Justices' Courts of this State. Also, an an act to establish the Middle Georgia Military and Agricultural College, and for other purposes. Also, an act to provide for a compensation for the Commissioners of Roads and Revenues for the county of Mitchell, and the means of paying the same. Also, an act to amend section 4045 of the Revised Code of 1873, by striking from the third line of said section the words, "of an adjoining county," so as to authoriz.> Commissioners appointed to assign dower MoNDAY, OcToBER 13, 1879. 1981 procure the aid of the County Surveyor or any other competent Surveyor ; and to further amend said section by adding at the end thereof, a clause prescribing the time and manner of filing objections, and for other purposes. Also, an act to alter and amend section 4528 of the Code of 1873, in reference to carrying dea.dly weapons about the person to public places in this State, by adding a proviso thereto, so that said section shall not apply to any Sheriff, Deputy Sheriff, Coroner, Constable, Marshal, Policeman or other arresting officer or officers of this State, or their possees, acting in the dis~ charge of their official duties. Also, an act to amend an act to incorporate the town of Thomasville, in this State ; to grant certain privileges to the same, approved March 3, 1874, Also, an act to incorporate the Augusta Savings Bank. Also, an act to rednee the bond of the Sheriffof Wayne county, and for other purposes. Also, an act to incorporate the Skidaway Narrows Canal Company, and to grant certain privileges therein named. Also, an act to repAal 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 resolution to pay mileage to the members of the General Assembly, Principal Door Keepers and Messengers thereof for the present adjourned session. W. W. P.AINE, Chairman. On motion of Mr. Walters, the rnles were suspended and the following bill taken up and 1ead the second time, to wit: A bill to amend an act to create a Board of Commis 1982 JouRNAL o.F THE HousE. sioners of Roads, Public Buildings and Public Prop~ erty and Finances for the county of Lee, and for other purposes, approved February 2~, 1876. Mr. King, from the Committee of Conference, submitted the following :-eport: Mr. Speaker : The Committee of Conference upon the amendment of the House to the substitute of the Senate for the bill of the House entitled a bill to be entitled an act to provide tor the regulation of railroad freight and passenger tariffs in this State; to prevent unjust discrininations and extortion in the rates charged for transportation of passengers and freight, etc., respectfully recommend that the said amendment of the House be amend~d by striking out "twenty-tour" and inserting in lieu thereof "three thousand" as the salary of each of the Commissioners provided for in said bill. A. J. KING, W. R. RANKIN, A. c. WE8'l'BROOK, Committee on the part of the House. Mr. King mo:ved that the House recf>de from its amendment, and adopt the amendment proposed by the Committee of Conference, to-wit: to strike out "twenty-four" and insert "three thousand." Mr. Oliver called for the previous question. The call was sustained, and the main question ordered. Mr. Strother called for the yeas and nays. The call was sustained, and on calling the roll the vote was as follows : MoNDAY, OcToBER 13, 1879. 1983 Those voting in the affirmative are Messrs.- Adams, Awtry, Barksdale, Barron, Bleckley, Branch, Buchan, Butler, Cannon, Chapman, Collins, Crawford, Davis of Ba.ker, DuBose, Dupree, Duvall, Gammage, Garrard, Glover, Greene of Baldwin, Hall, Hammond, Henderson, Hulsey, Humber, Ivey, King, Lamb, LivinjZI!ton, Maund, McLuca.s, Miller of Liberty, Milner, Mynatt, Nisbet, Northern, Paine, Pope, Rankin, Redwine, RobertA, Rogers, Russell, Sibley, Strother, Thoma.s, Turner of Brook9, Turner of Coweta, Walters, Westbrook, Williams of Columb1a., Williams, (;, W. Wilson. Zellner. Those voting in the negative are Messrs.- Anderson of Morgan, Bell, Berry, Born, Brintle, Burch of Laurens, Cook, Cox of Harris Davis of Houston, Davison, DeLoa.ch, Duggar, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fuller, Grant, Gray, Greene of Madison, Harp, Harrison, Hogan, Hutchins, Jordan of Cra"ford, Kendrick, Kimsey, Kirby, Luffman, Ma.thews, McAfee. McGouirck, Me Whorter M1ller of Houston, Mitchell, Oli nd section 655 of the Code of 1873, by adding a proviso by allowing Commissioners of Public Roads to resign after th~y have served two years consecutively. Also, an act to regulate and restrict the rate of inter- est in this State, and for other purposes. Also, an act to change the time of holding the Supe- rior Court in the county of Henry. Also, an act to provide for the compensation of the Ordinary of Washington county, and for other pur- poses. Also, an act to incorporate the Mutual Insurance Company of Augusta. Also, an act to carry into effect paragraph 1 and 2, section 7, article 7 of the Constitution of 1877. Also, an act to change and fix the time of holding the spring term of the Superior Court in the county of Milton, and for other purposes. Also, a resolution making appropriation to pay H. J. G. Williams for making transcript of certain numer- ical land books. Also, a resolution making appropriation to pay the MoNDAY, OcTOBER 13, 1879. 1989 expenses of the committee accompanying the remains of the late J. C. Clements to the county of Montgomery. Also, an act to alter and amend an act to authorize the sale of the Macon and Brunswick Railroad, and for other purposes. Also, a resolution requesting the Governor to issue certainfl. fas. aga.inst J. W. Renfroe and his surPties. Also, an act to provide for the compensation of Au- ditors. W. W. PAINE, Chairman. Mr. Miller of Houston, chairman of the Committee on Banks, submitted the following report : Mr. Speaker : The Committee on Banks have had under consideration the following bill, which they recommend do not pass, to-wit: A bill to be entitled an act to incorporate the Darien Bank and Trust Company. MILLER of Houston, Chair:nan. The following message was received from his Exnellency, the Governor, through Mr. Avery, his Secretary, to-wit: ..llr. Speaker: His Excellency, the Governor, has approved and signed the following acts, to-wit: An act to make it a felony in certain oases for the officers of any bank or company or individual doing a banking business in this State, where such bank or company or individual fails to pay deposits. Also, a resolution providing that mileage be paid the members of the General Assembly, the principal Door-Keepers and Messengers thereof, coming to and returning from the capital to attend the present ad- 1990 JOURNAL OF THE HoUSE. journed session of the General Assembly as is done at a regular session. . The following Senate bill was read the third time ; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority; yeas 89, nays 2, to-wit: A bill to carry into effect article 2, section 5 of the Constitution of this State, and to prohibit the sale or distribution of intoxicating liquors on days of election, and to provide a punishment for the same. The following Senate bill was read the third time, and the report of the committee was agreed to, to wit : A bill to amend an act to require the payment of moneys arising from fines and forfeitures into the County Treasury, and to regulate the lisbursement of the same. On the passage of the bill Mr. Garrard 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.- Awtry, Barron, Bell, Bleckley, Born, Brintle, Cannon, Carr, Chambers, Chapman, Colley, Collins, Cook, Cox of Harris. Cunningham, Davis of Baker, Davis of Hoo.;t.on Dick in, DuBose, Dupree, Elder, Farnell, Hogan, Hulsey, Humber, Hutchins, Ivey, Janes, Jordan of Crawford, Jordan of Wilkes, Kimsey, King, Kirby, Lamb, Lang, Livingston, Luffman, Mathews, Maund, McAfee, McConnell, McGouirck, McLucas, McRae, Polhill, Pope, Poppell, Prescott, Puckett, Reese, Riden, Roach, Roberts, Scruggs, Shannon, Sharman, Sibley, Sikes, Smith of Rutt~, Smith of Walton, Strickland of Clincil, Taliaferro, Tate, Tatum, Turner of Brook~, Turner of Coweta, MoNDAY, OcTOBER 13, 1879. 1991 Fitzgerald. Fletcher,. Ford, Fuller, Garrard, Grant, Gray, Glover, Hammond, Harp, Harrison, Henderson, Miller of Houston, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Peacoct:, Phillips of Cobb Phillips of Coffee, Phinizy, Pike, Vick, Walters, Walton, Welch, Wheeler, Wilcox, Williams of Columbi1., Williams, C. W. Williams, F. J. Willingham, Yancey, Zellner. Those voting in the negative are Messrs.- Adams, Duggar, Anderson ef Morgan, Greene of Baldwin, Andersflt of Newton, Kendrick, Barksdale, McWhorter, Buchan, Miller of Liberty, Burch of Laurens, Park, DeLoach, Those not voting are Messrs.- Patterson, Paull, Russell, Stricdand of Bryan, Thomaa, Wilson. Anderson of Pulaaki, Bennett, Berry, Bird, Branch, Brantley, Burch of ToWilll, Butler, Butt, Clegg, Cox of Troup, Crawford, Daniel, Davison, Dozier, Duvall Fort, Gammage, Greene of Madison, Hall, Hamilton, Hanks, Harrell, Harris, Hill, Hollis, Howell of Lowndes, He~well of Pickens, Hudson, Irvine, Johnson of Clay, Johnson of Johnson, McCurry, McDonald, Paine, Perkins, Yeas 102. Nays19. Not voting, 63. Phillips oi Carroll, Rankin, Redwine, Rogers, Roney, Sheffied of Early, Sheffied of Miller, Sim.ns, Smith of Oglethorpe, Strother, Tarver, Toole, Wall, Weehunt Westbrook, Wilmot, Wright, So the requisite constitutional majority having voted in the affirmative, the bill passed, as amended. The following Senate bill was read the third time ; the report of the committee, was agreed to, and the 1992 JoURNAL OF THE HoUSE. bill passed, by the requisite constitutional majority ; yeas 95, nays 2, to-wit: .A bill to extendthe mode of proving administration and guardianship. The following Senate bill was read the third time; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority ; yeas 93, nays 1, to-wit: A bill to amend section 2558 of the Code of 1873 as to the sale of insolvent papers by administrators, and for other purposes. T!:::.e following Senate bill was read the third time, and the report of the committee was agreed to, to-wit: .A bill to provide for change of venue in all cases, either at law or in equity. On the question of the passage of the bill Mr. Phin- izy called for the previous question. The call was sustained, and the main question or- dered, and the bill lost ; yeas 40, nays 60. The following Senate bill was read the third time, and the report of the committee agreed to, and the bill passed by the requisite constitutional majority; yeas 89, nays none, to-wit: .A bill to authorize creditors of any person making a voluntary assignmeut to compel the assignee to give security to discharge his trust, and for other purposes. The following message was received from the Senate, through W . .A. Harris, Secretary thereof: Mr. Speaker: The Senate has adopted the House resolution to adjourn the General Assembly sine die, with an amendment, in which they ask the concurrence of the House, and I am instructed to transmit the same to the House . forthwith. On motion, the resolution was taken up, and the MoNDAY, OcTOBER 13, 1879. 1993 Senate amendment concurred, and the action of the House ordered at once transmitted to the Senate. The following Senate 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 2, to-wit: A bill to amend section 3962 of the Code as to the county in which mortgages on realty may be fore- closed. The following bill was read the third time; there- port of the committee was agreed to, and the bill passed by the requisite constitutional majority ; yeas 95, nays 3, to-wit: A bill to amend section 3293 of the Code concerning attachments for purchase money. Leave of absence was granted to Mr. Butt. The House then adjourned till 3 o'clock P.M. 3 O,CLOCK P.M. The House reassembled, and was called to order by tlle Speaker. The roll was called and a quorum found to be present. On motion of Mr. Northern, the action of the House on Senate bills, acted on to-day, was ordered at once transmitted to the Senate. The following ~enate bill was read the third time, and lost, the necessary constitutional majority not having voted in the affirmative; yeas 56, nays 33, tow1t: A bill to restore in the Code the true name of the writ whereby the judgment of the Supreme Court remitted to the court below. 126 1994 Joui'tNAL o.F 'l'HE HousE. 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 amend an act to incorporate the town of Thomasville, in this State; to grant certain privileges to the same, and to define its hmits, approved March 3, 1874. Also, an act for the protection of game and birds in the county of Bibb; to prohibit the killing, trapping or netting the same, bnying, selling, or offering for sale the same during certain months in said county, to provide penalties for so doing, and for other purposes. Also, an act to amend an act to consolidate, amend and codify the various acts incorporating the city of Forsyth, in the county of Monroe, and the various acts amendatory thereof, approved March 5, 1875, so as to allow the Mayor and Council to levy and collect a tax on all professions, business and callings carried on in said city. Also, an act to declare the Toccoa River a navigable stream for certain purposes. Also, an act to authorize the granting of the writ of certiorari in all appeal cases tried by a jury in the Justices' Courts of this State. Also, an act to provide for the incorporation of library and other literary, charitable or social organizations which have no capital stock, and are not organized for individual pecuniary gain. Also, an act to red nee the bond of the Sheriffof Wayne county, in this State, and for other purposes. Also, an act to repeal an act entitled an act to apportion the road hands in the counties of Emanuel and MONDAY, 0CTOBEH 13, 1879. 1995 Johnson, and for othar purposes, approved February 27, 1877, so far as the same applies to the county of Johnson. Also, an act to amend an act entitled an act to in corporate the Lawrenceville Branch Railroad Company, and for other purposes. Also, an act 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 the same when levied on by tax fl. las. or fl. fas. from County Courts. Also, an act to repAal 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, an act to alter and amend the road laws of this State, so far as relates to the county of Fulton, and for other purposes. Also, an act to amend section 4045 of the Revised Code of 1873. Also, a resolution making appropriation to pay H. J. G. Williams for making transcript of certain numerical land books. 'l'he following bill of the Senate was read the third time, to-wit: A bill to define the crime of lobbymg, and prescribe a punishment therefor. Mr. Luffman offered an amendment, which was not adopted. The report of the committee was agreed to, and the bill passed by the requisite constitutional majority; yeas 96, nays 8. The following Senate bill was read the third time; and the report of the committee was agreed to, to-wit: A bill to amend sections 3389 and 3390 of the Code concerning forms of action. 1996 JOURNAL OF THE HOUSE. On a division the yeas were 60 and the nays 40; so the requisite constitutional majority not having voted in the affirmative the bill was lost. The Committee of Conference on the disagreemen~ of the two Houses on the amendment of the House to the substitute of the Senate to the following bill of the House, to- vvit : A bill to be entitled an act to provide for tht:> regulation of railroad freight and passenger tariffs in this State; to prevent unjust discrimination and extortion in the rates charged for transportation of passengers and freight, and for other purposes, beg leave to submit the following report: We reeommend that the House recede from its amendment, making the pay of each Commissioner in said bill ''twenty-four hundred dollars," and insert in lieu thereof "twenty-five hundred dollars." T. B. CABANISS, J . ..A._ STEPHENS, Committee on part of Senate. ARTHUR H. GRAY, H. M_. BuRcH, M. A. B. TATUM, Committee on part of House. On motion, the report of the Conference Committee was taken up. On motion of Mr. Livingston, the House receded from its amendment and adopted the amendment proposed by the Committee of Conference, and ordered the action of the House at once transmitted to the Senate. The following Senate bill was read the third time, and passed by the requisite constitutional majority; yeas 99, nays none, to-wit : A bill to prevent illegal voting in elections, and prescribe a penalty therefor. The following Senate bill was read the third time, and MoNDAY, OcTOBER 13, 1879. 1997 lost, the necessary constitutional majority not having voted in the affirmative ; yeas 85, nays 12, to wit : A bill to define the crime of poisoning, and prescribe a penalty therefor. Mr. Harrison, chairman of the Special Committee a-p-pointed to investigate the office and official conduct of the Public Printer, submitted the following reports : Mr. Speaker : The committee to investigate the office and official conduct of the Public Printer, respectfully submit the following report : Your committee have performed that duty as thoroughly as possible at this time. To have gone through all the accounts for -public printing and examine each item critically, taking testimony thereon, would have required such a consumption of time as was not at the dispesal of the committee or this House. In addition to this, the committee, in the early part of their investigation, discovered that the results of such an investi. gation would not authorize the very heavy ex-pense that would have attended it. We therefore determined to confine ourselves to such an examination of the accounts of the Public Printer as would enable us to determine the general character of his charges against the State and report thereon. In pursuance of this purpose the committee called before them reliable experts in the art of printing and binding, and after submitting quite a number of specimens of the work done for the State, we examined them under oath on the different items as set forth in the accounts rendered by the Public Printer. The result of this examination disclosed the fact that, taken as a whole, the charges in his accounts are considerably lower than those of former Public Printers, and with some few exceptions, involving small sums, are not above the nsual charges made for 1998 JoURNAL OF THE HOUSE. work of similar character, when done for private individuals. There were some charges in said accounts the committee deemed exceptionally high. We called the the attention of the Public Printer to them, and his explanations in regnd thereto were generally satisfactory to the committee. The cost in most of the Ci:lses alluded to were high bec:mse of some peculiar circumstance connected with the work, and the rapidity with which it oftimes had to be done. There are other items charged, however, that we regard as unauthorized by our construction of tlle law, and to which we desire to call attention. For the year 1877 the Public Printer included in his account the following items, to-wit: To wear and tear ot type and machinery ...... $300 00 To coal and coke for engine. . . . . . . . . . . . . . . . .. 175 00 To enginet>r's services part time .............. 125 00 To insurance on Laws, Journals, &c .......... 125 00 . $725 00 To which was added 25 per cent. thereon for profit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 25 Making a total of...................... $906 25 In making these charges the present incumbent was but following precedents we grant; such charges having been made by all of his predecessors, and allowed by the auditing officers of the Sta~e. One of his predecessors, Mr. H. G. Wright, only charged for " wear and tear of material $286.31, while Mr. Hemphill in 18723, and Mr. Estill in 1874-5, included such items as State, county and city taxes, and gas in addition to the items given above as charg-ed by Mr. J. P. Harrison, the present Printer. Mr. Estill's account for such items amounting to $1,800, andMr. Hemphill's to about $3,600, including salary of foreman for job office $1,000. MoNDAY, OcToBER 13, 1879. 1999 We respectfully submit that these charges are not legitimate. As before statPd, the law, according to our interpretation, does not au~horize them. If we once go beyond the "actual cost of the material and labor employed" in the work of public printing, there is no point where such charges would end until every con~ ceivable incidental expense incurred by the Public Printer would be charged up to the State. If it is proper to charge insurance, or State, county or city taxes as a part of the cost of labor and material, then with equal propriety might house rent, interest on the investment, board bills, and every other expense inci~ dent to the printing business be charged. The -percentage allowed by law as a profit was intended to cover all such incidental expenses, and leave a fair net profit besides. It certainly was not the intention of the law to make the State pay full pricPs for work, to pay all outside incidental expenses, and then allow 20 per cent. profit in addition, as compensation to the Public Printer. The committee also found in Mr. Harrison's account for 1877 the sum of $40, charged for having an index made for the Journal of the House, and also the sum of $25 for the index to the Senate Journal to which amounts were added the usual2o per cent. profit, mak~ ing a total of $81.25. The attention of Mr. Harrison was called to the law (section 1030 of the Code) which requires this work of indexing the Journals to be -performed by the Secretary of the Senate and Clerk of the Honse respectively. After consultation with thase officers and Mr. Harrison it was arranged to the satisfaction of your committee-Mr. Harrison giving the State credit for this amount. Mr. Hem-phill also charged np to the State the following sums for making the indexes to the Journals for 1872 and 1873 : 2000 JouRNAL 011 THE HousE. To Senate Journal 1872 . . . . . . . . . . . . . . . . . . . . . . $ 75 00 To House Journal 1872. . . . . . . . . . . . . . . . . . . . . . 100 00 To Senate Journal 1873...................... 125 00 To House Journal 1873. . . . . . . . . . . . . . . . . . . . . . 75 00 $375 00 To which was added 25 per cent. profit. . . . . . . 93 75 Making .................................$408 75 . All o which sums were improperly allowed and paid out of the printing funds of 1872 and 1873. \Ve call attention to these facts and figures to show that Mr. Harrison had precedents for such charges, and as they ha(l been allowed by former administrations could be demanded with some degree of propriety by him. The work done by the present State Printer is uniformly first-class The Laws, Journal and other pub lie work are printed on good paper and the binding is neat and substantial. We are of the opinion, however, that there is room for saving in this work. The Laws and Journals could be more compactly printed without violating the laws of taste as laid down by the authorities of the art. There is too much of what printers call "fat" in the composition of these books. There is too much "leading" in the Journals, and entirely too much space between paragraphs. The lists of yeas and nays and roll or members are stretched out to cover as much space as possible, whereas they should be printed in solid matter and in smaller type than is used in the body of the J onrnal. All of this is done at unnecessary expense to the State, the compositor and Public Printer charging as much for blank space as for solid type. The law requires that the Laws MONDAY, 00TOBER 13, 1879. 2001 and Journals shall be printed on "Small Pica" type, but it does not require that the matter should be "leaded." A change in this respect would save several hundred dollars annually without injury to the quality or appearance of the work. Your committee therefore submit the following resolutions, which they deem necPssary to accomplish the reforms needed in these matters. Resolved, That the State Printer be and he is hereby required to print the Laws and the Journals of the Senate and House of Representatives in as compact a form as the rules of printing will allow, and with light leading and without unnecessary display. And the lists of yeas and nays and roll of members, wherever they occur in the Journals, shall be set in solid form and in smaller type than the body of the Journal, so as to occupy less space than heretofore used. Resolved, That the evidence taken by the joint-committee of the General Assembly on the Northeastern Railroad bond indorsement be expunged from the Journals of the November session, it having been improperly incorporated therein by the Public Printer. Resolved, That his Excellency, the Governor, and the Comptroller-General be and they are hereby requested to disallow, for the future, any claim or item of cost for wear and tear of type and machinery, insurance, coal, engineer's services, State, county or city taxes, or like incidental expense growing out of the public printing. And that his Excellency, the Governor, be requested to inquire into the accounts of the present aud former State Printers, and have such items as may have been improperly paid by the State recovered trom the person or firm to whom 2002 J OURN'AL OF 'THE HOUSE. paid ; and to take such steps as may be necessary to accomplish this result. Respectfully submitted. W. H. HARRISON, Chairman; J. F. AWTRY, H. HOGAN, J. A. GREENE, F. J. WILLIAMS, Special Committee on Public Printer. .hir. Speaker : The undersigned, construing the resolution under which the committee to investigate "the office and official conduct of the Public Printer," was appointed to confine the invf:'stigations of the committee to the present incumbent alone, does not indorse that portion of the report having reference to former Public Printers. And further, it is not clear but that a propor construction of the law will justify the Public Printer in charging for wear and tear of type and machinery, coal and coke, for engine and engineer's services as part of the legitimate cost incurred in the execution of the public printing. Respectfully submitted. J. E. REDWINE. On motion of Mr. Miller, of Houston, the resolutions were taken up and amended, so as to make them joint resolutions by the House and Senate, and the second resolution amended by striking out the word "expunged" and inserting the word "omitted," and inserting the word "printed" before the word "Journal." The resolution, as amended, was agreed to, and ordered at once transmitted to the Senate. MoNDAY, OcTOBER 13, 1879. 2003 The following Senate bill was read the third timP. and lost, the necessary constitutional majority not having voted in the affirmative ; yeas 50, nays 44, to-wit: A. bill to repeal section 3095 of the Code of Georgia and substitute another in lieu thereof. The following Senate bill was read the third time and lost, the necessary constitutional majority not hav- ing V(,ted in the affirmative; yeas 50, nays 39, to-wit : A. bill to prohibit the employment of females con- victed of misdemeanors and sentenced to work on a chain-gang in any labor unsuitable to their sex. Mr. Phillips, of Cobb, moved to suspend the rules to take up House bill No. 336. Motion lost. The following Senate bill was read the third time and passedby the requisite constitutional majority; yeas 89, nays none. to-wit: , A. bill to rrovide for the return of special taxes by the Collectors of this State. T!::.e following Senate bill was read the third time, and the report of the committee was agreed to, and the bill passed, by substitute, by the requisite constitu- tional majority ; yeas 96, nays 2, to-wit: A. bill to restore the officP.s of Tax-Receiver and Tax- Collector in all counties where by law such such offices are held by the same l)erson, and to repeal all laws consolidating said offices. On motion of Mr. McWhorter, this bill was ordered at once transmitted to the Senate. The following Senate bill was read the third time, and the report of the committee was agreed to, to-wit : A. bill to add to and amend section 898 of the Code of 1873, in relation to the mode of redeeming land sold under taxfl.fas., and for other purposes. Mr. Pike called for the yeas and nays on the passage of the bill. 2004 JoURNAL OF THE HOUSE. 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, Bell, Berry, Born, Branch, Brintle, Burch of Laurens, Butler, Cannon, Chambers, Chapman, Colhns, Cook, Cox of Harris Cunningham, Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Duggar, Elder, Fitzgerald, Fletcher, Ford, Fuller, Gammage, Garrard, Grant, Gray, Glover, Hammond, Harrison, Henderson, Hogan, Hulsey, Humber, Hutchins, Ivey, Janes, Jordan of Wilkes, Kendrick, King, Livingston, Luffman, Mathews, Maund, McConnell, McGouirck, McLucas, McWhorter Miller of Liberty, Milner, Mynatt, Nisbet, Northern, Paine, Phillips of Cofiee Phinizy, Pike, Poppell, Puckett, Rankin, Reese, Riden, Rogers, Russell, Shannon, Sharman, Sibley, Sikes, Smith of Butts, Smith of Walton, Strickland of Bryan, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Turner of Coweta, Walters, 'Valton, Wheeler, Wilcox, Williams of Columb1a, Williams,(;. W. Williams, F. J. Wilson, Yancey, Zellner. Those voting in the negative are Messrs.- Bleakley, Butt, DuBose, Greene of Baldwin, Harp, Jordan of Crawford, Kimsey, 1\illler of Houston, Oliver, Patterson, Paull, Prescott, Redwine, Strickland of Clinch, 1'urner of Brook,, Vick Welch. Those not voting are Messrs.- Anderson of Newton, Anderson of Pulaski, Barksdale, Barron, Bennett, Bird, Hamilton, Hanb, Harrell, Harris, Hill Holiis, Peacock, Perkins, Phi!lips of Carroll, Phillips of Cobb, Polhill, Pope, MONDAY, 00'10BER 13, 1879. 2005 Brantley, Buchan, Burch of Towns, Carr, Clegg, Colley, Cox:of Troup, Crawford, Dickin, Dozier, Dupree, Duvall, Farnell, Fort, Greene of Madison, Hall, Howell of Lowndes, Howell of Pickens, Hudson, Irvine, Johnson of Clay, Johnson of Johnson, Kirby, Lamb, Lang, McAfee. McCurry, McDonald, McRae, Mitchell, Park, Yeas, 93. Nays, 17. Not voting 64. Roach, Roberts, Roney, ScruggB, Sheffield of Early, Sheffield of Miller, Simms, Smith of Oglethorpe, Toole, Wall, Weehunt, Westbrook, Willingham, Wilmot, Wright. So the requisite constitutional majority having voted in the affirmative, the bill passed, as amended. Mr. Davis, of Houston, introduced the following resolution, which was read and refened to the Commit tee on Finance, to-wit: A resolution- In regard to Sheriffs rece1vmg excflssive costs on wild land.fi. fas., and parties claiming excess money who were not entitled thereto. Mr. Awtry moved to suspend the rules and take up a bill. Motion lost. The House then adjourned till Bt o'clock A. M. to- morrow. 2006 JouRNAL OF THE HousE. ATLANTA, GEORGIA, Tuesday, October 14, 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, Barron, Bell, Bennett, Berry, Bird Bleckley, Born, Branch, Brantley, Brintle, Buchan, Burch of Laurens, Butler, Butt, Cannon, Carr, Chambers, Chapman, Colley, Collins Cook; Cox of Harris, Crawford, Cunningham'; Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, DuBose,, Greene of :Madison, Hall, Hammond, Hanks, Harp, Harrison, Henderson, Hill, Hogan, Hudson, Hulsey, Humber, Hutchins, lvey, Janes, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Livingston, Luffman, Mathews, Maund, McAfee, McConnell, McDonald, McGouirck, McLucas, McRae, McWhorter, Miller of Houston, Miller of Liberty, Milner, Phinizy, Pike. Polhill, Pope, Poppell, Prescott, Puckett, Rankin, Redwine Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sibley, Sikes, Simms, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Stricklar.d of Bryan, Strickland of Clinch, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta, Vick, TuESDAY, OcToBER 14, 1879. 2007 Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald. Fletcher, Ford, Fuller, Gammage, Garrard, Grant, Gray, Glover, Greene of Baldwin, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Perkins, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Those absent were Messrs.- Burch of Towns, Clegg, Cox of Troup, Dozier, Fort, Hamilton, Harrell, Harns Hollis, Howell of Lowndes, Howell of Pickens, Irvine, Johnson of Clay, Johnson of Johnson, Present 1154. Absent20. Walters, Walton, Welch, Westbrook, Wheeler, Wilcox Williams of Columbi3 Williams, C. W Williams, F. J. Willingham, Wilson, Wright, Yancey, Zellner. l\fcCurry, Sheffield of Early Sheffield of Miller Wall, Weehunt, Wilmot. 1\fr. vVelch, from the Committee on Journal, re- ported the Journal of yesterday examined and ap proved. The Journal was then read and confirmed. Mr. Thomas moved to reconsider so much of the Journal as relates to the action of the House upon a bill to amend section 30915 of the Code by substituting another therefor. The motion prevailed. On motion ofl\fr. Cr.:twford, the rules were suspe:r:.ded and the following bill taken up and read the third time, to-wit: A bill to be entitled an act for the better organiza- tion, government and discipline of the volunteer troops of this State, and to repeal all that part of the Code of Georgia, consisting of articles 2 and 3 of chapter 2, title 11, part 1, and comprising all those sections n um- 2008 JOURNAL OF THE floUSE. bered from 1075 to 1103, both inclusive, in the Revised Code of 1873, relating to the volunteer corps of the the State, and for other purposes connected therewith. The report of the committee, which was favorable to the passage of the bill, was agreed to, and the bill passed by the requisite constitutional majority of yeas 100, nays 6. On motion of Mr. Crawford, 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 Enrollrwmt report as duly enrolled, signed by the Speaker of the House of Repre-sentatives, President of the Senate, and delivered to the Governor the following acts, to-wit: .A.n act to create a Board of Commissioners of turnpike roads in this State. .A.lso, 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. .A.lso, an act to amend section 655 of the Code of 1873, by adding a proviso by allowing Commissioners of Public Roads to resign after they have served two years consecutively. .A.lso, an act to regulate and restrict the rate of interest in this State, and for other purposes. .A.lso, an act to change the time of holding the Superior Court in the county of Henry. .A.lso, an act to provide for the compensation of the Ordinary of Washington county, and for other purposes. .A.lso, an act to incorporate the Mutual Insurance Company of Augusta. TUESDAY, OCTOBER 14, 1879. 2009 Also, an act to carry into effect paragraph 1 and 2, section 7, article 7 of the Constitution of 1877. Also, an act to change and fix the time of holding the spring term of the Superior Court in the county of Milton,_and for other purposes. Also. a resolution making appropriation to pay 1!. J. G. Williams for making transcript of certain numer- ical land books. Also, a resolution making appropriation to pay the expenses of the committee accompanying the remains of the late J. C. Clements to the county of Montgomery. Also, an act to alter and amend an act to authorize the sale of the Macon and Brunswick Railroad, and for other purposes. Also, a resolution requesting the Governor to issue certainfi. fas. against J. W. Renfroe and his surf!ties. Also, an act to provide for the compensation of Au- ditors. W. W. PAINE, Chairman. The following message was received from the Senate through Mr. Harris, the Secretary thereof: Mr. Speaker : The Senate has agreed to the Conference Committee on the railroad bill, and has appointed as said committee on the part of the Senate, Messrs. Cabaniss and Stephens. The Senate has passed the following Senate bill, towit: A bill to provide for the classification of convicts in this State. The Senate has passed the~following House bills, towit: A bill to amend section 611 of the Code of 1873. Also, a bill to require the Judges of the Superior Courts to give certain things in charge to the Grand Juries, relating to the inspection of convict camps. 127 2010 JoURNAL OF THE HOUSE. Also, a bill to prohibit the selling of spirituous liquors within two miles of.any church in Sheffield District, in Rockdale county. Also, a bill to amend section 1416 of the Code. Also, a bill to regulate the practice in the Supreme Court of this State. The Senate has passed the following House bills, with amendments, in which they ask the concurrence of the House: A. bill to appropriate money to defray the expenses of the House and Senate for this session. Also, a bill to incorporate the Waycross and Florida Railroad Company. Also, a bill to authorize the Governor to furnish to counties whose Court-Houses have been burned certain copies of the Supreme Court Reports of the State. The following House bills were lost in the Senate, towit: A bill to amend an act to render more efficient and economical the inspection of fertilizers, and sale of the same. Also, a bill to declare illegal, null and void all waivers of warranty imposed on vendors of fertilizers. Also, a bill to stay judgments in certain cases. Also, a bill to prevent railroad compames from purchasing or leasing other railroads, or from buying flhares in the same. Also, a bill to extend to the county of Burke the provisions of an act to provide for the payment of certain insolvent criminal costs. Also, a bill to amend an act to establish a City Court in the city of Atlanta. The Senate has concurred in the House resolution of instructions to the Comptroller-General. The Senate has receded from its amendments to the TUESDAY, 0CTOBEH 14, 1879. 2011 joint resolution authorizing the State Treasurer to pay interest due on certain bonds of this State. The House resolution to appoint a committee to examine Stone Mountain was indefinitely postponed. The House bill to authorize the Governor, with the consent of the lessees of the \Vestern and Ath1ntic Railroad, to convey to the city of Chattanooga, Tenn., a small tract of land in said city for the purpose of fire protection, was lost. The following bill was read the third time, to-wit: A bill to amend section 4 of an act to render more efficient the inspection and analysis of fertilizers, ap proved February 26,1877. Mr. Smith, of Oglethorpe, moved to amend the 1st section by striking out "twenty-five" and inserting "fifteen." Mr. Strother called for the previous question. The call was sustained, and the main question ordered. On th-:, question of the adoption of the amendment, Mr. Smith, of Oglethorpe, 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.- Barksdale, Bennett, Born, Branch, Burch of Laurens, Butt, Cannon, Cox of Harris, Crawford, Davison, DeLoach, Duggar, Ford, Grant, Gray, Greene of Madison, Harp, Humber, Janes, Jordan of Crawford, Kendrick, King, Lamb, McConnell, McRae, Milner, Mitchell, Patten;on, Peacock, Perkins, Phillips of Coffee, Phinizy, Puckett, Scruggs, Sharman, Sikes, Smith of Butts, Smith of Oglethorpe Smith of Walton, Strickland of Bryan, Taliaferro, Thomas, Toole, Vick, Walton, Westbrook, Wheeler, Williams, F. J. Willingham, Wright. Yancey. 2012 JoURNAL OF THE HOUSE. Those voting in the negative are Messrs.- Adams, Anderson of Morgan, Awtry, Barron, Berry, Hleckley, Butler, Carr, Chapman, Collins, Cunningham, Daniel, Davis of Baker, Dickin, DuBose, Dupree, Duvall, Elder, Fitzgerald, Fuller, Gammage, Glover, Green of Baldwm, Hall, Hammond, Hanks, Harrison, Henderson, Hogan, Hutchins, lvey, Kimsey, Kirby, Livingston, Luffman, Mathews, Maund, McAfee, \!cGourick, McLucas, Miller of Houston, Miller of Liberty, Mynatt, Nisbet, Northern, Oliver, Paine, Paull, Pike, Polhill, Pope, Poppell, Prescott, Redwine, Reese, Riden, Roech, Roberts, Rogers, Roney, Russell, Shannon, Sibley, Strickland of Clinch, Strother, Tarver, Tatum, Turner of BrookR, Turner of Coweta, Walters, Welch, Williams of Columbia, Williams, C. W. Wilson, Zellner. Thl)se not voting are Messrs.- Anderson of Newton, Anderson of Pulaski, Bell, Bird, Brantley, Brintle, Buchan, Burch of Towns, Chambers, Clegg, Colley, Cook, Cox of Troup, Davis of Houston, Dozier, Farnell, Yeas ol. Nays 75. Not voting 48. Fletcher, Fort, Garrard, Hamilton, Harrell, Harris, Hill, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Irvine, Johnson of Clay, Johnson of .:!"ohnson, Jordan of Wilkes, Lang, McCurry, McDonald, McWhorter, Park, Phillips of Carroll, Phillips of Cobb, Rankin, Sheffield of E:uly, Sheffield of Miller, Simms, Tate, Wall, Weehunt, Wilcox, Wilmot, So the amendment was not adopted. Mr. Thomas called for the yeas and nays on the!pas sage of the bill. TuESDAY, OcTOBER 14, 1879. 2013 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, Barksdale, Bell, Bennett, Bleckley, Born, Branch, Brintle, Burch of Laurens, Butler, Cannon, Carr, Chapman, Collins, Cook, Cox of Harris, Daniel, Davison, DeLoach, Dickin, Duvaii, Elder, Ford, Grant, Gray, Hammond, HePder~on, Hogan, Hulsey, Humber, Ivey, Jordan of Crawford, Kendrick, King, Livingston, Maund, McGouirck, McLucas, McWhorter, Miller of Liberty, Milner, Mitchell, Mynatt, Northern, Pauii, Peacock, Perkins, Phillips of Coffee, Polhiii, Puckett, Riden, Roach, Roberts, Rogers, Roney, Russeii, Scruggs, Shannon, Sharman, Sibley, Sikes, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Strickland of Bryan, Taliaferro, Tarver, Thomas, Toole, Turner of Brooks, Vick, Walton, Welch, Williams of Columbia, Williams, C. W. Willingham, Wilson, Wright, Yancey. Those voting in the negative are Messrs.- Barron, Berry, Butt, Crawford, Cunningham, Duggar, Dupree, Fletcher, Fuiier, Gammage, Glover, Greene of Ba.dwin, Hall, Hanks, Harp, Harrison, Hutchins, Kimsey, Kirby, Lamb, Luffman, Mathews. McAfee, McConnell, Nisbet, Oliver, Patterson, Phillips of Cobb, Phinizy, Pike, Pope, Poppell, Prescott, Redwine, Reese, Strickland of Clinch, Strother, Tate, Tatum, Walters, Westbrook, Wheeler, Zeiiner. Thot:"'l not voting are MeJsrs.- Anderson of Pulaski, Greene of Madison, McDonald, Bird, Hamilton, McRae, 2014 J OURN.AL OF THE HoUSE. Brantley, Buchan, Burch of Towns, Chambers, Clegg, Colley, Cox of Troup, Davis of Baker, Davis of Houston, Dozier, DuBose, Farnell, Fitzgerald, Fort, Garrard, Harrell, Harris, Hill, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Irvine, Janes, rohnson of Clay, Johnson of Johnson, Jordan of Wilkes, Lang, McCurry, Yeas82. Nays 43. Not voting 49. Miller of Houston, Paine, Park, Phillips of Can oll, Ra"lkin, Sheffield of Early, Sheffield of Miller, Simms, Turner of Coweta, Wall, Weehunt, Wilcox. Williams, F. J. Wilmot. So the necessary constitutional majority not having voted in the affirmative, the bill was lost. The rules were suspended, and on motion of Mr. Du5gar, the following resolution r;:ad, and the substitute proposed by the Committee on the Judiciary, adopted, to-wit : A resolution- Relative to furnishing convicts to the Marietta and North Georgia Railroad. Mr. Harp called for the previous question on the adoption of the resolution. The call was sustained, and the main question ordered. 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.-- Anderson of Morgan, Arderson of Newton, .Awtry, Barksdale, Bennett, Henderson, Hulsey, Hutchins, Janes1 Jordan of Crawford, Pope, Poppell, Prescott Puckett Redwine TuESDAY, OcToBER 14, 1879. 2015 Berry; Bleckley, Born, Branch, Brintle, Burch of Laurens, Butt, Cannon, Carr, Chapman, Cook, Cunningham, vaniel, Dickin, Duggar, Dupree, Elder, Fletcher, Fuller, Grant, Glover Greene of Baldwin, Hammond Harp, Harrison, Kendrick, Kimsey, Kin$1", Kirby, Lamb, Livingston, Luffman, Mathews, McAfee, McDonald, McGourick, McLucas, McWhorter, Milner, Mynatt, Oliver, Paine, Park, Patterson, Phillips of Cobb Phillips of Coffee, Phinizy, Pike, Polhill, Reese, Riden, Roach, Roberts, Roney, Russell, Shannon, Sharman, Smith of Butts, Strickland of Bryan,! Strickland of Clinch, Taliaferro, Tarver, Tate, Thomas, Toole, Turner of Coweta, Vick, Walton, Welch, Wheeler, Williams, C. W., Wilson Yancey. Those voting in the negative are Messrs.- Adams, Bell, Butler, Cox of Harris, Crawford, navison, DeLoach, Ford, Hanks, Hogan, Humber, McRae, Miller of Liberty, Nisbet, Northern-, Paull, Rogers, Those not voting are Messrs.- Scruggs, Sibley, Sikes, Smith of Oglethorpe, Turner of Brooks, Walters, Westbrook, Zellner. Anderson of Pulaski, Barno, Bird, Brantley, Buchan, Burch of Towns, Chambers Clegg, Colley, Collins, Cox of Troup, Davis of Baker, Davis of Houston, Dozier, DuBose, Duvall, Gray, Greene of Madison, Hall, Hamilton, Harrell, Harris, Hill, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Irvine, lvey, Johnson of Clay, Johnson of Johnson, Jordan of Wilke.q, Miller of Houston, Mitchell, Peacock, Perkins, Phillip~ of Carroll, Rankin, Sheffield o. Early Sheffield of Miller, Simms, Smith of Walton Strother, Tatum, Wall, Weehunt, Wilcox, Williams of Columbia. 2016 JOURNAL OF THE HOUSE. Farnell, Fitzgerald, Fort, Gammage, Garrard, Lang, 1\iaund, 1\icConnell, lVIcCurry, Yeas 88. Nays 25. Not voting 61. Williams, F. J. Willingham, Wilmot, Wright. So the resolution was adopted by substitute. On motion of Mr. Garrard, House bills amended in the Senate were taken u.p. The following bill was first taken up, to.wit: A bill to appropriate money to pay the contingent expenses of the adjourned session of the General Assembly. The House concurred in all the Senate amendments, except two amendments amended in the House and concurred in as amended. The next bill was a bill to establish State depositories in places named. The Senate amendments were agreed to and concurred in. Mr. Russell, chairman of the Committee on Privileges and Elections, submitted the followiug report : Mr. Speaker : The Committee on Privileges and Elections respectfully report that they have had under consideration the memorial of George W. Garmony, Esq., and recommend that said memorial be filed with the papers of the trial of Comptroller-General Goldsmith as a matter of reference PHILIP M. RussELL, Chairman. Mr. Paine, chairman of the Committee on Enrollment, submitted the following report : TUESDAY, OCTOBER 14, 1879. 2017 Mr. Speaker: The Committee on Enrollment report as duly enrolled, signed by the President of the Senate, and ready for the signature of the Speaker of the House of Representatives, the following act, to-wit: An act to carry into effect paragraph 3, section 1, article 11 of the Constitution of this State. The following message was received from the Senate, through W. A. Harris, Secretary thereof: Mr. Speaker : The Senate has adopted the report of the second committee of conference, to whom was referred a bill to be entitled an act to provide for the regulation of railroad freight and passenger tariffs in this State; to prevent unjust discrimination and extortion in the rates charged for transportation of passengers and freights; and to prohibit railroad companies, corporations and lessees in this State from charging other than just and reasonable rates, and to punish the same, and prescribe a mode of procedure and rules of evidence in relation thereto ; and to appoint Commissioners, and to prescribe their powers and duties in relation to the same, which report recommends the fixing of the salaries of said Commissioners at the sum of $2,500 per annum. The Senate has passed, with certain amendments, in which the concurrence of the House of Representatives is asked, the following bill, to-wit: A bill to be entitled an act to establish State depositories in the cities of Atlanta, Athens, Augusta, Columbus, Macvn, Savannah, Rome, Americus, .Albany, Gainesville, Hawkinsville, Griffin and LaGrange, and to prescribe their liabilities and duties. I am instructed to transmit the action of the Senate on these two bills forthwith to the House of Representatives. 2018 JouRNAL OF THE RouSE. Leave of absence was granted to Mr. Farnell and Mr. Harrell. The next bill was the bill to incorporate the Waycross and Florida Railroad Company. The Senate amen.iments were concurred in. The Senate amendments to the following bill were concmred in: A bill to authorize and require the Governor to furnish to counties, whose Court-Houses have been burned, certain Supreme Court Reports, Codes, etc. The action of the House in concurring in Senate amendments was ordered at once transmitted to the Senate. The following message was received from the Senate, through Mr. Harris, Secretary thereof: Mr. Speaker: The Senate has concurred in the House amendments to the following Senate bills, to-wit: A bill to carry into effect section 4, paragraph 9, article 4 of the Constitution. Also, a bill to amen1 an act requiring the payment of moneys arising from fines and forfeitures. Also, a bill to prescribe the fees of Solicitors of County Courts. Also, a bill to amend section 3962 of the Code. Also, a bill to amend section 898 of the Code. Also, a bill to restore the offices of Tax-Receiver and Tax-Collector in all counties where, by law, such offices are held by the same persons. Also, a bill to prescribe the manner of foreclosing of certain chattel mortgages. Mr. Smith, of Oglethorpe, chairman of the Commit- tee on Internal Improvements, submitted the following report: TuESDAY, OoroBER 14, 1879. 2019 Mr. Speaker: The Committee on Internal Improvements have had under considerati...>n a Senate bill, which they recommend do pass, to-wit: A bill to be entitled an act to amend section 661 of the Revised Code of 1873, in relation to the amount of the fine to be imposed upon Road Commissioners. Respectfully submitted. JAMES M. SMITH, Chairman. The following Senate bill was read the third time, and the report of the committee was agreed to, to-wit: A bill to provide for allowing defendants to replevy property levied on under distress warrants, by filing affidavit in forma pauperis. No quorum voting on a division, Mr. Pike called for the yeas and nays. No quorum voting, a call of the House was ordered, and on calling the roll a quorum was found to be present. On the question of the passage of the bill the yeas were 46, nays 63 ; so the bill was lost. Mr. King moved to reconsider the action of the House in ordering immediately transmitted to the Senate the action of the House in concurring in the Senate amendments to the bill to establish State Depositories. The motion prevailed. The following message was received from his Ex0el 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 provide for a compensation for the Commissioners of Roads and Revenues for the county of Mitchell, and the manner of paying the same. 2020 JoURNAL OF THE HOUSE. Also, an act to regulate and restrict the rate ~f interest in this State, and for other purposes. . The following message was received from the Senate, through W. A. Harris, Secretary thereof: Mr. Speaker : The Senate has concurred in the amendments of the House of ReprPsentatives to the amendments of the Senate to the bill of the House, to-wit: A bill to be entitled an act to appropriate money to defray the contingent expenses of the House and Senate for the present session, and I am instructed to transmit the action of the Senate forthwith to the House. Mr. Hutchins, chairman of the Committee on Fi. nance, submitted the following report : Mr. Speaker: The Committee on Finance have had under consid aration the following Senate bill, which they recommend do not pass, to-wit: A bill to be entitled an act to regulate and fix the compensation for receiving tax returns and collecting tax where, by law, both the offices of 'fax-Receiver and Tax-Collector are consolidated. The committee have also had under consideration a resolution providing for the payment of balance of salary of E. T. Davis, deceased, late Jnspector ot fertilizers, which they recommend the introducer have leave to withdraw. The committPe return the following House bills with" out recommendation, the objects thereof having been accomplished by Senate bill No. 987, to-wit: A bill to be entitled an act to appropriate money to pay the expenses of the committee appointed to investigate the Department of Agriculture. TuEsDAY, OcTOBER 14, 1879. 2021 .Also, a bill to be entitled an act to appropriate money to pay the expenses of the Senate of Georgia, sitting as a High Court of Impeachment to try Washington L. Goldsmith, the Comptroller-General of Georgia. .Also, a bill to be entitled an act to appropriate a sufficient sum of money to defray the expenses of the trial of J. W. Renfroe, State Treasurer, on articles of impeachment against him for high misdemeanors in office, and for other purposes. Respectfully submitted. N. L. HuTCHINS, Chairman Mr. Turner, of Brooks, chairman of the Committee on the Judiciary, submitted the following report: Mr. Speaker: The Committee on the Judiciary have had under con sideration the following bill, which they recommend do not pass, to-wit : .A bill to be entitled an act to declare the law as to the rights of minors and other persons laboring under disabilities against the running of the statute of limitations,and for other purposes. .Also, the following bill, which they recommend the introducer be allowed to withdraw, to-wit: .A bill to be entitled an act to compel defendants to disclose their assets subject to levy. The committee have also had under consideration a resolution proposing to instruct the committee to embody in the jury bill such language as will prevent the necessity of any class of intelligent citizens of whatever race or color having reason to complain of non-enforcement of the spirit of the Constitution. Construing the preamble and the resolution together, it may be safely assumed that they assert for intelligent citizens the right to sit on juries. In the opinion 2022 J OURN.AL OF TH.I!: HoUSE. of the committee, jury service is not so much a right of the citizen as a duty to be performed on the demand of the State. It is a burden to be imposed, as the public good may require, and therefore subject to regulation by law. It is upon this principle that our jury system rests. The Constitution of 1868, and the Constitution of 1877, framed by two different political parties, alike prescribe "tLat the General Assembly shall provide, by law, for the selection of upright and intelligent persons to serve as jurors." It certainly connot be asserted that ''any class of intelligent persons" can, ri~htly, complain of this provision. By the act of 1870: the selection of per::;01~s to serve as jurors was devolved upon the Ordinary, Clerk of the Superior Court and three Commissioners for each coun. ty to be appointed by the Judge of the Superior Court. By the same act (see Code of 1873, 3910) these Commissioners are required to take an oath to impartially dischare their duty without any regard to race, color or previous condition in accordance with the Constitution ; and it is further provided by said act that 1-ny Commissioner violating the provisions of the section prescribing said oath shall be deemed guilty of perjury. The House of Representatives at its present session has passed an act substituting Commissioners to be appointed by the Judge of the Superior Court for the Ordinary and Clerk of the Superior Court, and if that act shall pass the other branch of the General Assembly, then all the persons participating in theselection of jurors will be sworn as hereinbefore stated. In any view of the case, it is apparent that further security against illegal discrimination in the selection of jurors cannot be accomplished by legislation. Respectfully submitted. H. G. TuRNER, Chairman. TuESDAY, OcTOBER 14, 1879. 2023 Mr. Paull, chairman of the Committee on the Lunatic Asylum, submitted the following report: Mr. Speaker : The report of the special committee, appointed to visit the Lunatic Asylum for the purpose of PXamining the condition of the same, and inquiring into the treatment of a lunatic son of Bryan Mo.r1is wllilst he was an inmate thereof, having been referred to this committee for their consideraton, your committee beg leave to say that while that report declares that there was, at least, seeming neglect of the person and clothing of the lunatic referred to ; yet that report also shows that, at this time, the Asylum is in excellent condition, and the cleanliness of the inmates is such as to be highly commendable, and perfectly satisfactory to the visiting committee. 'fhe testimony in the case of young Morris discloses the fact that he was in bad condition, and had vermin upon his person and clothing a.t the time of his leaving the Asylum. This being true, we must conclude trom the report of the special committee that this was a special case, altogether accidenta.l, and not the result of willful carelessness on the part of the authorities at the Asylum. Respectfully submitted. 0. H. PAULL, Chairman. '!'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 act, to-wit: A an act to alter and amend an act entitled an act to authorize the sale of the Macon and Brunswick Railroad, and tor other purposes. 2024 JouRNAL 0.1r THE HousE. Mr. Davis, chairman of the Committee of Conference on the part of the House to House bill No. 633, submitted the following report : Mr. Speaker: The Conference Committee of the Senate and House of Representatives upon the bill entitled an act to carry into effect paragraph 2, section 18, article 6 of the Con stitution, so as to provide for the- revision of the jurybox, and for other purposes therein named, respectfully recommend that the House recede from its disagreement to the substitute- of the Senate for said bill, and agree to the same with the amendment herewith submitted as a substitute. HENRY D. McDANIEL, Chairman of Senate Committee. B. M. DAVIS, Chairman of House Committee. Mr. King gave notice of a motion to reconsider the action of the House in agreeing to Senate amendment striking out Rome, etc. The following Senate bill was read the third time, towit: A bill to fix the fees to be paid to the Ordinary, Sheriff and County Surveyor for granting and laying off homestead and exemption under the Constitution of 1877. Mr. Rankin called for the yeas and nays on the question of 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.- Anderson ef Morgan, Branch, Brintle, Buchan, Butler, Garrard, Harp, Hogan, Hulsey, Humber, Puckett, Rankin, Redwine, Reese, Roach, TUESDAY, OCTOBER 14, 1879. 2025 Butt, Cook, Cox of Harris. Cunningham, Daniel, Davison, DeT.JOach, Duggar, Dupree, Duvall Elder, Fletcher,] Ford, Fuller, Ivey, Janes, Jordan of Crawford, Kimsey, King, Kirby, McLucas, l\Ic 'IVhorter, Milner, Paine, Peacock, Phillips of Cobb Phinizy, Pope, Roberts, Rogers, Roney, Sharman, Smith of Butt~, Tatum, Thomas, Welch, Wheeler, 'Vilcox, Williams, C. W. 'Vilson, Yancey, Zellner. Those voting in the negative are Messrs.-- Bell, Bennett, Berry, Bleckley, Born, Burch of Laurens, Cannon, Chambers, Chapman, Grant, Greene of Baldwin, Greene of 1\Iadison, Hall, Hanks, Harrison, Hutchins, Kendrick, Luffman, Mathews, l\laund, McAfee, 1\IcConnell, 1\IcGou irck, Miller of Houston, 1\Iiller of Liberty, ~isbet, Northern, Oliv~r, Park, Patterson, Paull, Phillips of Coffee, Pike, Polhill, Prescott, Riden, Rus..ell, Shannon, Sibley, Smith of Ol!:lethorpe, Smith of Walton, Stric r: of Newton, AI!demon of Pulaski, Awtry, Barksdale, Barron, Bird, .Brantley, Burch of TownR, Carr, Clegg, Loll~y, Colhns, Cox of Troup, Crawford, Davi~ of Baker, Davis of Hou.;t.()Q Dick in, 128 Fort, Garnmnge, GGiroa\v~r, Hammond, Hamilton, Harrell, Harri~<, Hendernon, Hill, HolliR, Howell of Lownde10, Howell of Pickens, Hucl;;on, JJonh'nnse~n of Clay, Johnson of Johnson, Jordan of Wilkes, l\IcDonald, McRae, l\Iitchell, Mynatt, Perkins, Phillips of Carroll, Poppell, ScruggR, Sheflied of Early, Sheflied of Miller, ~~kes, Simms, Strother, Taliaferro, Toole, Wall, \Valton, Weehunt 2026 JouRNAL OF THE HousE. Dozier, DuBose, Farnell, Fitzgerald. Lamb, Lang, Livingston, McCurry, Yeas 57. Nays 51. Not voting, 66. Westbrook, Williams of Columbb., Wilmot, Wright. So the necessary constitutional majority not having voted in the affirmative, the bill was lost. Mr. Turner offered a resolution that the afternoon session convene at 3 and hold till 6 o'clock. Lost. 'fhe House then adjourned till 3 o'clock P.M . 3 O'CLOCK P. M. The House reassembled, and was called to order by the Speaker. On motion of Mr. Chambers, the rules were suspended and Senate bills for a first reading taken up. The following Senate bill was read the first time, and referred to the Committee on the Penitentiary : A bill for the classific:1.tion of Clnvicts in this State, and for other purposes. The following Senate bill was read the second time, to wit: A bill to amend section 661 of the Code of 1873, in relation to the amount of the fine to be imposed on Road Commissioners. The following Senate bill was read the second time ; the report of the committee adverse to its passage was agreed to, and the bill lost, to-wit: A bill to regulate and fix the compensation for receiving tax returns and collecting tax where both the offices of Tax-RecEjiver and Tax Collector are consolidated. Tu:ESDAY, OorOBER 14, 1379. 2027 The report of the committee, adverse to the passage of the following bill, was agreed to, and the bill lost, to wit: A bill to incorporate the Darien Bank and Trust Company. 'rhe following St"nate bill was read the third time; tl1e report of the committee agreed to, and the bill passed by the requisite constitutional majority; yeas 91, nays 9, to-wit: .A bill to make certain enclosures therein defined a lawful fence, and to extend to the same existing J>rovisions of law on the subject of lawful fence. The following Senate bill was read the third time, towit: A bill to alter and amend the act empowering the Judges ot the Superior Courts of this State to appoint or employ a reporter or stenographer in their courts; to define the duties of such reporter or stenographer; fix his fees, and for other purposes, approved February 25, lt-176. The report of the committee was amended by striking out "fifteen" and inserting ''six" in the second section of the bill, and the report, as amended, was agreed to, and the bill lost ; yeas 48, nays 59. The following Senate bill was read the third time, to. wit: A bill for the pre.rention of cruelty to animals, and to repeal all existing laws on said subject. The report of the committee was agreed to, and the bill passPd by the requisite constitutional majority; yeas 95, nays 2. On motion of Mr. Garrard, the rules were suspended for the purpose of reconsidering the action of the House to-day on concurring in Senate amendments to the House bill to establish State DepositOl'ies. On motion of Mr. Garrard, the action of the House 2028 JouRNAL OF THE HousE. was reconsidered as to the amendment striking out the names of certain towns in the bill and the title. Mr. King moved to amend the amendment by striking out of the amendment to the bill and the title the word "Romt-." The motion prevailed. l\Ir. Hall moved to strike out "Griffin" from the Senate amenrtain Georgia Reports, the property of Mrs. E. C. Cook. Also, a resolution appointing State Librarian to take charge of Executive Archives. The following resolntion was taken up, to-wit: A resolution- To submit the question of abolishing the Agdcultu- ral Department to the people. ' }fr. Strother moved to indefinitely postpone the reso- lution. Mr. Shannon called for the previous question on the whole matter. The call was sustained, and the main question or- dered. l\fr. 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.- Adams, Anderson of ~forgan, Barron, Bleckley, Butler, Chambers, Dickin, Glover Hank8: Harrison, Henderson, Hutchins, Ivey, Luffman, Mathews, McRae, Miller of Liberty, Nisbet, Korthern, Paine, Patterson, Paull, Pol hill, Rankin, Riden, Roach, Rogers, Russell, Sibley, Strother, Tarver, Thomas, Turner of Brooks. Those voting in the negative are Messrs.- Awtry, Bell, Bennett, Born, Brintle, Burch of L:mrens, Butt, Hammond, Harp, Hogan, Hudson, Hul~e/, Humber, Janes, Pope, Poppell, Prescott, Puckett, Redwine, Reese, Shannon, 2034 JouRNAL oF THE HousE. Cannon, Chapman, Cook, Cox of Harris' Cunningham, Daniel, Davison, DeLoach, DuBose, Elrler, F'etcher, Forrl, Fnller, Garrard, Grant, Gray, Greene of Madison, Greene ot Baldwin, Jordan of Crawford, Kendrick. Kimsey, King, Kirby, McAfee, McConnell, McGouirck, McLucas, McWhorter] Milner, Mynatt, Peacock, Phillips of Carroll, Phillips of Cobb, Phillips of Cofiee Phinizy, Pike, . 'l'hose not voting. are Messrs.- Anderson of Newton, Anderson of Pulaski, Barksdale, Berry, Bird, Branch, Brantlej, Buchan, Burch of Towns, Carr, Cle~g, Colley, Collins Cox of Troup, Crawford, Davis of Baker, Davis of Houston, Dozier, Duggar, Dupree, Duvall, Farnell, Fitz~terald, Fort, Gammage, Hall, Hamilton, Harrell, Harris, Hill, Hollis, Howell of LowndeR, Howell of Pickens, Irvine .iohnson of Clay, Johnson of Johnson, Jordan of Wilkes, Lamb, Lang, Livingston, 1\-[aund, McCurry McDonald, Mtller of Houston, Yeas, 33. Nays, 75. Not voting 66. Sharman, Sikes, Simms, Smith of Butts, Smith of Walton, Strickland of Bryan, Taliafeao, Tate, Tatum, Turner of Coweta, Walters, Welch, Wheeler, Wilcox, Williams, F. J. Wilson, Yancey, Zellner. Mitchell, Oliver, Park, Perkins, Robert.~. Roney, Scruggs, Sheffield of Early,j Sheffield of Miller, Smith of Oglethorpe, Strickland of Clinch, Toole, Vick, "Wall, Walton, Weehunt, Westbrook, Williams of Columbta, Williams, C. W. Willingham, "Wilmot, Wright. So the motion to indefinitely postpone did not pre. vail. On the question of the passage of the resolution, Mr. Sikes called for the yeas and nays. TUESDAY, 00TO::JER 14, 1&73. The call was sustained, and. on calling the roll the vote was as follows: Those voting in the affi1'mp.tive are Messrs.- Awtry, Bell, Bennett, Berry, Hl~ckley, Born, Brintle, Burch of Laurens, Butt, Cannon. Ohapm.;m, Cox of Harris, Cunningham, Daniel, Davis of Houston, Davison, DeLoach, DuBose, Duggar, Elder, Fletcher, Ford, Fuller, Garrard, Grant, Gray, Greene of Madison, Hall, Hammond, Harp, Henderson, Hlljlln, Hulsey, Humber, Hutcldns, hey, Jordan of Crawford, I:endrick. Kimsey, King, Kirby, Lufti::nan, McAfee, McOonnell, 1\lcGonriek, McLucas, McRae, McWhorter, Milner, Mynatt, Park, Peacock, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Pike, Pope, Poppell, Puckett, Rankin, Redwine, Reese, lliden1 Roney, Sharman, SI'kes, Simms, Smith of Butlli1 Smith of' Walton, Strickland of Bryan, Taliaferro, Tate, Tatum, Toole, Turner of Coweta, \Velch, Wbeeler1 Wilcox, Williams, F. J. Wilson, Ya.ncey, Zellner. Those voting in the negative are 1\fessr:S.- Adams, Anderson of Margan, Barron, Butler, Chambers, Dickin, Duvall, Green of Daldwm, Hanks, Harrison, Janes, Mathew~, l\Iaund, Miller of Lilmrty, Nisbet, Nor!:hem, Paine, Patterson, Th{)se not votiri.g a.re Messrs.- Paull, Polhill, Roach, Rage~ Russell, Sibley, Tarver, Thomas. Anderson of Newton, Anderson of Pulaski, Barksdale, Bird, Bmnch, Bmntley, Buchan, Glover, Hamilton, Harrell, Harris, Hill, Holli,, Howell of Lowndes, Phinizy. Prescott, Roberts, Scruggs. Sha.nnnn, !;heffield of E"'rlv. Sh!!ffield of Miller, 2036 JouRNAL OF THE HousE. Burch of Towns, Carr, Clegg, Colley, Collins, Cook, Cox of Troup, Crawford, Davis of Baker, Dozier, Dupree, Farnell, Fitzgeral , Fort, Gammage, Howell of Pickens, Hudson, Irvine, Johnson of Clay, Johnson of _Tohnson, Jordan of Wilkes, Lamb, Lang, Livingston, McCurry, McDonald, Miller of Houston, Mitchell, Oliver, Pe:-kins, Yeas 82. Nays 26. Not voting 66. Smith of Oglethorpe Strickland of Clinch, Strother, Turner of Brookfl, Vick, Wall, Walters, Walton, Weehunt, westbrook, Williams of Columb'a, Williams, C. W. Willingham, Wilmot, Wright. So the resolution was agreed to, a'tild ordered at once transmitted to the Senate. On motion of Mr. Polhill, the session was extended until 6 o'clock P. ~r. to-day. On motion of Mr. Hall, the rules were suspended and the following resolution read and referred to the Committee on the Judiciary, to-wit : A resolution- To allow transferees of wild land fi.fas. to surrender their fl. fas. and get their money. On motion of Mr. Nisbet, Senate matter was taken up for action. The following Senate bill was laid on the table, towit: A bill to amend section 4161 ol the Code. On motion of Mr. Strother, the House adjourned till St oclock .A. M. to-morrow. WEDNESDAY, OCTOBER 15, 1879. 2037 ATLANTA, GEORGIA, \Vednesday, October 15, 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, Berry, Bird Bleckley, Born, Branch, Brintle, Buchan, Burch of Laurens, Butler, Butt, Cannon, Carr, Chambers, Chapman, Collins Cook, Crawford, Cunningham Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, Dozier, DuBose, Duggar, Dupree, Duvall, Hanks, Harp, Harrison, Henderson, Hogan, Hulsey, Humber, Hutchins, Irvine, lvey, Janes, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lamb, : ivingston, Luflinan, l\lathews, l\Iaund, 1\-Ic.A.i!le, McConnell, McGouirck, l\lcLncas, l\IcRae, 1\-Ic Whorter, Miller of Houston, Miller of Liberty, Milner, l\1itche1l, l\Iynatt, :Nisbet, .Xorthern, Oliver, Paine, Pope, Ioppell, Prc8cott, l'uckett, Rankin, Redwine Reese, Riden, Roach, Ro~erts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sibley. Sikes, Simms, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Stl'icklar.d of Bryan, Strother, Taliaferro, '.farver, Tate, l'atum, Thomas, Toole, Turner of Brook. Turner of Coweta, \Valter~, \Valton, 'Weehunt, Welch, 2038 JouRNAL O.l! THE RousE. Elder, Fletcher, Ford, Fuller, Garrard, Grant, Gray, Glover, Greene of Baldwin, Greene of Madison, Hall, Hammond, Park, Patterson, Paull, P'!acock, Perkins, Phillips of Carroll, Phillips of Cobb, Phillips of CoHee, Phinizy, Pike. Polhill, Westbrook, Wheeler, Wilcox Williams of Columbia Willians, C. W . Williams, F. J. " Willingham, Wilson, Wright, Yancey, Zellner. Those absent were .Messl's.- Anderson of Pulaski, Bennett., Brantley, Burch of Towns, Cleg-g, Colley, Cox of Harris, Cox of Troup, Farnell, Fitzgerald. Fort, Present 142. Absent32. Gammage, Hamilton. Harrell, Harns Hill, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, ~ ohnson of Clay, Johnson of Johnson, Jordan of Wilkes, Lang, McCurry, McDonald, Sheffield of Early Sheffield of Miller Strickland of Clinch, Vick, Wall, Wilmot. Mr. Buchan, from the Committee on Journals, reported the Journal of yesterday examined and approved. The Journal was then read and confirmeLL .Mr. Smith, of Oglethorpe, moved to reconsider so much of the Journal as relates to the action of the House upon a Senate bill reducing the fees for the inspection and a nalysis of fertilizers. On this motion, 1\fr. Smith, of Oglethorpe, 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, Awtry, Bennett, Hamilton, lvey, Jordan of Crawford, I\:ing1 Scruggs, Sikes, Simms, Swith of Butt11, WEDNESDAY, OcTOBER 1!5, 1879. Brintle, Chapman, Cox of Harris, navison, DeLoach, Dickin, ' Elder, Grant, Greene of Madison, McGourick, McRae, McW.horter, Mitchell, Peacock, Perkins, Phillip~ of Carroll, Puckett Smith of Oglethorpe, Smith of Walton Strickland of Bryan, Taliaferro, Thon as, Williams, F. J. Willingham, Yancey. Those voting in the negative are Messrs.- Adams, Barron, Bell, Bleckley, Branch, Buchan, Burch of Laurens, Butler, Butt, Cannon, Carr, Chambers Cunningham, J.Janiel, Duggar, Dupree, Duvall, Fletcher, Ford, Fuller, Gammage, Garrard, Gray, Glover Greene of Baldwin, Hanks, Harp, Harrison, Henderson, Hulsey, Humber, Hutchins, Irvine, Janeg, Kendrick, Kimsey, Kirby, Luffman, Mathews, Maund, McAfee, McLucas, Miller of Houston, l\tiller of Liberty, :Mynatt, Nisbet, Northern Oliver, Paine. Patte~son, Phillips of Cobb: Phillips of Coffee, Those not vnting are Messrs.- Anderson of Pulaski, Hall, Barksdale, Hammond Berry, Harrell, Bird, Harris, Born, Hill, Brantley, Hogan Burch of Towm, Hollis, Clegg, Howell of I..owndeF, Colley, Howell of Pickens, Collins, Hudson, Cook, Johnson oi Clay, Cox of Troup, Johnson of Johnson, Crawford, Jordan of Wilkes, Davis of Baker, Lamh, Phinizy, Pol hill, Pope, Poppell, Prescott Rankin, Reese, Riden, Roach, Roberts, Uogers, Rusgell, Shannon, Sharman, Sibley, Strother, Tate, Tatum, Turner of Coweta, Welch, 'Vheeler, Wilcox, Williams, C. W., Wilson Zellner. Park, Paull, Pike, Redwine Roney, Sheffield o. Early Sheffield of Miller, Strickland of Clinch, Tarver, Toole, Tumer of Brooks, Vick, Wall. Walters, 2040 JOURNAL OF THE HOUSE. Davis of Houston; Dozier, DuBose, Farnell. FitzgeralJ, Fort, Lang, Livingston, l\IcConnell, l\icCurry, McDonald, Milner, Yeas 37. Nays 77. Not voting 60. Walton, 'Veehunt, Westbrook, William~ Wilmot, of Columbia 1 Wright. So the motion to reconsider did not prevail. Mr. Smith, of Oglethorpe, offered the following resolution, which was read and agreed to, tr--wit: A. resolution- That the MesEenger distribute the reports and evidence, as printed, of the committee to investigate the Department of Agriculture under the instructions of the committee. Mr. Paine, Chairman of the Commit~ee on Enrollment, submitted the following report: Mr. Speaker: The Committee on EnrollmPnt 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 alter and amend the road laws, so far :1s relates to the county or Effingham, and for other pur- poses. A.lso, an act to regulate the rates and manner of le- gal advertising in this State, and to prohibit Ordinaries, Sheriffa, Coroners, Clerks, Marshals, or other officers from receiving or collecting, either from plaintiils or defendants, other or greater fees than herein provided, and .making a disregard of the rPq uirements of this act extortion, and prescribing a punishment therefor. WEDNESDAY, OcTOBER 1!5, 1879. .2041 Also, an act to incorpomte the Carnesville Railroad Company, and for other purposes. Also, an act to prohibit the making or selling of any spirituous liquors within two miles of any church or place of public worship jn Sheffield District, Rockdale county, of this State. Also, an act to amend section 611 of the Code of 1873, and for other purposes. Also, an act to regulate the practice in tqe Superior Courts in this State. Also, an act to provide for the regulation of railroad freights and passenger tariff~ in this State, and for other purposes. Also, a resolution of instruction to the Comptroller General. "\nd the mode of proving administration and guardianship. Also, an act to provide for the return of special taxes by the collectors of this Sta~e. W. W. PAINE, Chairman. Mr. Kimsey, chairman of the Committee of Conferenc~: on the part of the House on the following bill, submitted the following report: Mr. Speaker: The Conference Committee of the Senate and House WEDN.I!:SDA.Y, OCTOBER 15, 18'i9. 2043 of Representatives upon the bill entitled an act to repeal an act entitled an act to make minors parties to proceedings in the courts of this State, approved Februruary 25, 1876, etc., respectfully recommend that the House recede from its disagreement to the amendment proposed by the Senate to said bill. HENRY D. McDANIEL, Chairman of Senate Committee. JoHN J. KIM$EY, Chairman of House Committee. Mr. Miller, of Houston, offered the following resolu. tion, which was read and agreed to, to-wit: A resolution- ro require the Treasurer to strengthen his bond. Mr. Hulsey offered the following resolution, which was read and agreed to, towit: A resolution- Requesting the Senators and Representatives in Congress from this State to urge that body to appropriate the fund now in the Treasury of the United States belonging to the colored soldiers of the South to the University at Atlanta, Ga. On motion of Mr. Hulsey, the resolution was ordered at once transmitted to the Senate. Leave of absence was granted to Mr. Phillips, of Car roll. The following bill was read the.third time; thereport of the committee was agreed to, and the bill passed by the requisite constitutional majority ; yeas 93, nays none, to-wit : A bill to amend sections 2042 and 2043 of the Code of 1873, the former of which prvvides fur the laying off and platting the homestead allowed by said Code, and the latter of which provides for the tl"ial of objections to the survey of the same. 2044 JOURNAL O.F THE HOUSE. The following Senate bill was read the third time, and the report of the committee was agreed to, to-wit: A bill to amend section 1920 of the Code of Georgia, authorizing the formation of limited partnership by adding banking to the list. Mr. Adams called for the yeas and nays. 'fhe call was sustained, and on calling the roll the vote was as follows : '!'hose voting -in the affirmative are Messrs.- Adams, Anderson of Morgan, Anderson of Newton, Awtry, Barron, Berry, Bleckley, Branch, Burch of Laurens, Butler, Carr, Chambers, Collins, Cox of Harris, Daniel, Davis of Baker, Davison, DeLoach, Dickin, DuBose, Dupree, Elder, Ford, Fuller, Garrard, Gray, Glover, Greene of BatJwin, Hall, Hamilton, Hanks, Harp, Harrison, Henderson, Hogan, Irvine, Ivey, Janes, Jordan of Crawford, Livingston, Luffman, Mathews. Maund, Miller of Liberty, Mitchel~. Oliver, Paine, Park, Patterson, Paull, Perkins, Phillips of Coffee, Phinizy, Prescott, Reese, Rogers, Roney, Russell, Shannon, Smith of Butts. Smith of Oglethorpe, Smith of Walton, Strickland of Bryan, Strother, Tarver, Tate. Thomas, Westbrook, Williams, C. W. Willingh:ur1 Wilson, Wright, Yancey. Zellner. Those voting in the negative anl Messrs.- Barksdale, Butt, Cannon, Chapman, Cook, Crawford, Cunningham, Davis of Houston, Duggar, Duvall, Fletcher, Grant, Hammond, Hulsey, Humber, Kendrick, Kimsey, Kirby, McAfee, McConnell, McGouirck, McLucas, McWhorter, Milner, Nisbet, Northern, Phillips of Canoll, Pike, Pol hill, Puckett, Rankin, Roberts, Sharman, Sibley, Sikes, Simms, Taliaferro, Tatum, Turner of Brooks, Welch, Wheeler, Williams. F. J. WEDNESDAY, OoroBEt~ 15, ta79. 2045 Thof!q not votlng are Me 3Srs.- Anderson or Pulaski, Bell, Bennett, Bird, Born, Brantley, Brintle, Buchan, Burch of Towns, Clegg, Colley, Cox of Troup, Dozier, Farnell, Fitzgerald, Fort, Gammage, Greene of Madison, Harrell, Harris, Yeas74. Nays 42. Not voting fi8. Hill, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hutchins, Johnson of Clay, Johnson of Johnson, Jordan of Wilkes, King, Lamb, Lang, McCurry, McDonald, McRae, Miller of Houston, Mynat!, Peacock, Phillips of Cobb, Pope, Poppell, Redwine, Riden, Roach, Scruggs, Sheffield of Early, Sheffield of Miller. Strickland of Clinch, Toole, Turner of Coweta, Viele, Wall, Walters, Walton, Weehunt, Wilcolf, Williams of Columbia, Wilmot, So the necessary constitutional majority not having voted in the affirmative, the bill was lost. The following message was received from the Senate, through W. A. Harris, Secretary thereof: Mr. Speaker : The Senate has receded from the first amendment to which the House refused to concur on the bill to establish State Depositories in various cities of this State. The following House bill was lost in the Senate: A bill to provide for a uniform assessment of railroad property. On motion of Mr. Zellner, the following bill was taken up, and the House receded from its disagreement to Senate amendment, and concurred in the Senate amendment, to- wit : A bill to repeal an act to make minors parties to proceedings in the courts of this State, approved February 25, 1876. 2046 JOU:RNAL OF rrrE .Huu~E. On motion of Mr. Zt>llner, the following b1ll was taken up and the report of the committee of conference agreed to, and the House receded from its dis agreement to the Senate amendment, and concurred in Senate amendment, as amended, to wit: A bill to carry into effect paragraph 2, section 18, article 6 of the Constitution, so as to provide for the l'evision of the jury box, and for other purposes. 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 Skidaway Narrows Canal Company, and to grant certain privileges therein named. Also, an act to incorporate the Augusta Savings Bank. Also, au act to alter and amend section 4528 of the Revised Code ot Georgia of 1873. Also, an act to provide for the regulation of railroad freight and passenger tariffs in this State, and for other purposes. Also, an an act to establish the Middle Georgif Mili- tary and Agricultural College, and to commit and lend the State-House anq. square, the Executive Mansion and premises, and the Penitentiary square and appur- tenances, at Milledgeville, to. t~e State University for that purpose. Also, an act to auth.lrize the registration of the ponds of this State, and for other purposes. . Also, an act to amend section 24 of an act establishing a public school system for this State, approved August 23, 1873. WEDNESDAY, 00TO:BER 15, 157;.). 2047 Also, an act to provide for the compensation of Auditors. Also, an act to create a Board of Commissioners of urn pike roads in this State, and for other purposes. Also, an act to incorporate the ]\,{utual Insurance Company of Augusta. Also, an act to change and fix the time of holding the spring term of the Superior Court in the county of Milton, and for other purposes. Also, 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. Also, an act to carry into effect paragraph 3, section 1, article 11 of the Constitution of this State. Also, an act to amend section 655 of the Code of 1873. Also, an act to change the time of holding the Superior Court in the county of Henry. Also, an act to provide for the compensation of the Ordinary of Washington county, and for other purposes. Also, an act to carry into effect paragraph 1 and 2, section 7, article 7 of the Constitution of 1877. Also, a resolution making appropriation to pay the expenses of the committee accompanying the remains of the late J. C. Clements to the county of Montgomery. T~e following Senate 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 90, nays none, to-wit: A bill lo provide when and bow certain suits may be brought against the Macon and Brunswick Railroad. The following Senate bill was read the third time, and the report of the committee agreed to, to-wit: 0 2048 ,JOURNAL OJ! THE HOUSE. A bill to provide fo1 the compensation of jurors in Justices' Courts. No quorum voting, Mr. Wheeler called for the yeas and nays. No quorum voting, Mr. Pope demanded a call of the House. The roll was called and a quorum found to be present. The call for the yeas and nays was withdrawn ; and on a division the bill passed by the requisite constitu. tional majority ; yeas 99, nays 11. The following Senate bill was read the third time and passed by the requisite constitutional majority ; yeas 105, nays none. to-wit: A bill to amend section 4159 or the Code of 1873, in relation to the ti'ial of claim cases in Justices' Courts. The following Senate bill was read the third time, and the report of the committee was agreed to, to-wit: A bill to require the owners of property, whether real, personal or mixed, to give in and pay the tax upon the same in the county where the property is located. Mr. Oliver called for the previous question. The call was sustained, and the main question ordered. Mr. Strother 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, Awtry, Barksdale, Bell, Berry, Hln of !ohn;;on, Jordan of Crawford, Jordan of Wilkes, Lamb, Lang, McCurry, McDonald, McRae, Miller of Houston, Milner, Paine, Phillips of Cobb, Pike, Poppell, Sheffield of E" lv Sheffield of Miller, Smith of Oglethorpe Strickland of Clinch, Taliaferro, Vick, Wall, Weehunt, Wilcox, Williams, F. j. Wilmot, Yeas 05. Nays 70. Not voting 49. 2050 JoURNAL OF THE HoUSE. So the bill was lost. The following Senate bill was read the third time, towit: A bill to regulate the publication of the Supreme Court Reports, and fix the salary of the Reporter. The report of the committee was agreed to, and the bill passed by the requisite constitutional majority; yeas 89, nays 7. Mr. Wheeler offered the following resolution, which was read and agreed to, to. wit: A resolution- That three members of the CommitteA on Enrollment and the Clerk of said committee be allowed two days to bring up the business of the present session. The following Senate bill was read the third time, the report of the committee was amended and agreed to, to-wit: A bill to define by re-survey the county lines of this State when the same are unknown, or are in dispute, and for other purposes. Mr. Wheeler moved to indefinitely postpone the bill, which motion did not prevail. The bill passed, as amended, by the requisite constitlltional majority; yeas 94, nays none, to-wit: Mr. Paine, chairman of the Committee on Enrollment, submitted the following report: Jfr. Speaker: ThP Committee on Enrollment report as duly enrollPd, and ready for thA signature of the Speaker of th~ House of Representatives the following acts, to wit: .tn act to appropriate money to defray the contingent expenses of the'House and Senate for the present adjonrnPd session. Also, an act to authorize and require the Governor to furnish to counties, whose Court-Houses have been 0 WEDNESDAY, OcTOBER 15, 1879. 2051 burned, and the new counties of Douglas, Dodge, McDuffie, Rockdale and Oconee certain. copies of the Su preme Court Reports of this State, the Code of Georgia and Standard \Vejghts and Measures where the same have been destroyed. Also, an act to amend section 1416 of the Code of 1873, which relates to and regulates the practice of dentistry. Also, an act to amend section 2842 and 2844 of the Code of this State. Also, an act fixin~ the license fees for the sale of spirituous, intoxicating or malt liquors in the county of Pierce, and town of Blackshear, in said county. Also, an act to extend the provisions of an act releiving G. W. Grubb, A. G. Inman, S. J. Bell and L. D. Matthews, secureties on the bond of R. C. Wimberly. Also, an act to prevent the deprecation of hogs in the county of Morgan, and to prescribe a penalty therefor. Also, an act to require the Judge of the Superior Court to give in charge to the Grand Jury in each county where a convict camp is located all the laws respecting the inspection and management and control of the convicts of this State ; to authorize the Grand J nry to appoint a commission composed of members of its own body, and other persons; to prescribe the duty of such commission and of the Grand Jury, and for other purposes. Also, an act to amend section 279 of the Code of Georgia in relation to the appointment of County Judges. Also, an act to prohibit the charging or receiving any fee, perquisite or compensation other than his salary by the Attorney-General. Also, an act to incorporate the Waycross and Florida Railroad Company. Also, an act to repeal an act approved February 27, 1877, entitled an act to repeal an act entitled an act to 2052 JoURNAL oF TB.l!: HousE. create a County Court in each county in this State, except certain counties therein named, approved January 19, 1872, so far as the same applies to the county' ot Dodge, and to abolish the County Court of Dodge county. Also, an act to prohibit Judges of the Superior Courts in this State from limiting the length of argument of council or parties in the trial of causes in said courts. Also, an act to amend the act incorporating the city of Rome, and the several acts amendatory thereof, and for other purposes. Also, an act to" appropriate money to pay the salary of the Physician to the Penitentiary for the fiscal years of 1879 and 18SO, and for other purposes. Also, an act to amend on act entitled an act to incort'.orporate the town of Marietta, in the county of Cobb. Also, an act to incorporate the Rome Street an.J. City Park Railroad Company, and for other purposes. Also, an act to incorporate the National :Mercantile DPbt Assurance Company. W. W. PAINE, Chairman. 'l'he following Senate 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 1, to-wit : A bill to alter and amend section 4370 of the Code of Georgia, which relates to the description and punish mPnt ef the offense of shooting at another. 'l'he following Senate bill was read the third time ; the report of the committ(>e was agreed to, and the bill pat5sed by the requisite constitutional majority; yeas 95, nays 1, to-wit: A bill to provide that motions for new trials in the Superior Courts shall not be entered upon the minutes exnpt by order of the presiding Judge. WEDNESDAY, OCTOBER 15, 1879 2053 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 resolution, which they recommend do pass, by substitute, to-wit: A resolution- In reference to the surrendering of wild land fl. jas. by transferees. Respectfully submitted. H. G. TURNER, Chairman. The following Senate bill was read the third time, and the report of the committee agreed to, to-wit: A bill to provide for the choice of arbitrators in caseA of disagreements upon returns of corporations, companies, persons or mstitutions required by law to make returns for taxation to the Comptroller-General and of assessment by the Comptroller-General. Mr. Harrison called for the yeas and nays. The call was sustained. By unanimous consent, the call for the yeas and nays was withdrawn, and the vote taken again by a division, and the bill passed, as amended, by the r.,.quisite con- s"titutional majority; yeas 9u, nays 2, tu-wit: The following Senate bill was read the third time, and the report of the committee agreed to, and the bill passed, as amended, by the requisite constitutional majority ; yeas 90, nays none, to-wit: A bill for the prevention of cruelty to children. The following "enate bill was read the third time, and the report of the committee agreed to, and the bill passed by the requisite constitutional majority; yeas 89, nays 4~ to-wit: A bill to amend section 1458 of tile Code of 1873, in 2054 JouRNAL oF THE HousE. relation to the penalty for setting fire to woods without notice. The following Senate bill was read third time; and the report of the committee agreed to, to-wit: A bill to amend chapter 3, title 16, part 1 of the Code of 18i3, embracing sections 1394 to 1409 inclusive, in relation to physicians and druggists. Mr. Roach called for the yeas and nays on the pas sage of the bill. The call was sustained, and on calling the roll the vote was as follows: '!'hose voting in the affirmative are Messrs.- Adams, Anderson of Morgan, Awtry, Bell, Berry, Branch, Chapman, Cook, Crawford, Cunningham DeLoach, Fletcher, Ford, Garrard, Hall, Hamilton. Henderson, Hogan, Hulsey, Janes, King, Livingston, Maund, Miller of Liberty, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Patterson, Paull, Perkins, Phillips of Coffee, Pike. Polhill, Pope, Reese, 'Riden, Roach, Russell, Scruggs, Sibley. Smith of Butts, Strother, Tarver, Thomas, Turner of BrookP Turner of Coweta, Walton, Westbrook, Wright, Yancey, Zellner. Those voting in the negative are Messrs.- Barron, Bennett., Bleckley, Born, Brintle, Buchan, Burch of Laurens, Butt, Cannon, Davis of Houston, Davison, DuBose, Duggar, Dupree, Greene of Baldwin, Greene of Madison, Hanks, Harp, Harrison, Humber, Irvine, Jordan of Crawford, Kimsey, Kirby, Lamb, Luffman, McAfee, l'!cConnell, Phinizy, Puckett, Roberts, Rogers, Shannon, Sharman, Sikes, Simms, Smith of Walton, Stricklar.d of Bryan Taliaferro, Tate, Tatum, Toole, WEDNESDAY, OCTOBER 15, 1879. 2055 Elder, Fuller, Grant, Gray, Glover, McGouirck, McLucas, Park, Phillips of Cobb, Wheeler, Williams, C. Wi Willingham, Wilson. Those not voting are Messrs.- Anderson of Newton, Anderson of Pulaski, Barksdale, Bird, Brantley, Burch of Towns, Butler, Carr, Chambers, Clegg, Colley, Collins Cox of Harris, COx of Troup, Daniel, Davis of Baker, Dickin, Dozier, Duvall, Farnell, Fitzgerald, Fort, Gamm~tge, Hammond, Harrell, Harr1s Hill, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hutchins, lvey, Johnson of Clay, Johnson of .Tohnson, Jordan of Wilkes, Kendrick, Lang, Mathews, McCurry, McDonald, McRae,. McWhorter, Miller of Houston, Y~as 54. Nays 55. Not voting, 65. Milner, Peacock, Phillips of Carroll, Poppell, Prescott, Rankin, Redwine Roney, Sheffield of Early, Sheffield of Miller, Smith of Oglethorpe, -Strickland of Clinch, Vick, Wall, Walters, Weehunt, Welch, Wilcox Williams of Columbi3 Williams, F. J. Wilmot. So the bill was lost. Mr. Pope offered the following resolution, which wa.s read and agreed to, to-wit: A resolution- Granting leave of absence for the entire adjourned session to Mr. Wall of Schley, on account of sickpess. Leave of absence was granted to Messrs. Cook and Glover, on account of sickness. The following Senate bill was read the thil d time, and paRt by the requisite constitutional majority; yeas 92, nays 9, to wit : A bill to declare the effect upon third parties of the record of mortgages in certain cases. 2056 JouRNAL oF THE BousE. Mr. McAfee offered a resolution relative to adjourn ment at 2 P. 1\1. to-day. On motion of Mr. Tatum, the resolution was laid on the table. Mr. Hutchins, chairman of the Committee on Finance, submitted the following report: M1. Speaker : The Committee on Finance instruct me, as their chairman, to return to the House a resolution in relation to Sheriffs' fees, and the excess over fees and costs arising from sales of "'Vild lands under taxfi. fas., without recommendation, they finding it impracticable in the late hour of the SP.ssion to investigate the subject involved sufficiently to make a recommendation thereon. Respectfully submitted. N. L. HuTCHINS, Chairman. Mr. Turner, of Brooks chairman of the Committee on the Judiciary, submited the following report: Mr. Speaker: In obedience to a provision of the appropriation act, requiring the Committee on the Judiciary to report to the House the number of days their clerk hao been employed in the service of their committee, report that A. A. Murphey has been actually employed as clerk of the committee, during the present session of the Lf'gislature, one hundred and six days. Respectfully submitted. H. G. TuRNER, Chairman. Mr. Hall, chairman of the special committee on the matter of the Marietta and North Georgia Railroad, submitted the following report : 'Mr. Speaker: The special committee appointed to inquire into the WEDNESDAY, OCTOBER 15, 1879. 2057 right of the Marietta and North Georgia Railroad Company to receive from the State the proceeds of the hire of State convicts, beg to report as follows: First-As to the effect of section 5, article 7 of the Constitution of 1877, or the disposition of the proceeds of the hire of State convicts, your committee respectfully suggest that while the particular section referred to does distinctly declare that "the credit of the State shall not be pledged or loaned to any individual, company or corporation, yet it is matter of history that indorsements of the bonds of private corporations by the State wrought the mischief, which, in part, necessitated the holding of the ConstitutionH.l Convention of 1877, and this probably explains the language of the section just cited, though it is by no means clear that the secti9n referred to does not (in its spirit at least) prohibit the loan even of public funds not arising from taxation. Without discussing this matter further, your committee are of the opinion that the Convention itself determintld the question as to the Marietta and North Georgia Railroad, by ad0pting on the 23d day of August, 1877, an ordinance or resolution declaring "that nothing containRd in this Constitution, adopted by the Convention, shall be so construed as to interfere with the aid or loan granted to the Marietta and North Georgia RH.ilroad, by act of the General Assembly, passed in 1877." As to the proper construction of the several sections of the act of the Legislature, approved February 24, 1877, authorizing the loan to said railroad company of the net amount received by the State from convict labor, your committee directing their inquiries to the discovery of the true intent of the L:gislature in passing the act in question have found nu serious difficulty in arriving at the conclusion that the purpose of the 130 2058 JoURNAL OF 'fHE .l:LoOSli:. Legislature in allowing the loan provided by the act was to restrict its continuance to a period of four years from and after the passage of the act. And this construction seems to arise naturally from the language of the act, from a comparison of its several sections, and from the circumstances that attended its passage. 1. It seems from a consideration of the language of the act, employed in the first section, that the loan was not an entire loan of the net -proceeds for a term of years, but was meant to be a single and seperate loan for each year, as appears from the method of securing said loan prescribed in the claim, -paragraph of sec tion 6. 2. It appears from an examination of section 2 of the act that the Legislature deeming the assistance afforded the road, as an extension of State aid intended to accompany it with an express requirement of a compliance with the constitutional provision that an amount of private capital equal to the amount to be advanced by the State should first be invested by individuals, and this requirement must have been intended to operate as a continuing condition on which the laws were to be made, and to be co-extensive with the loans. As this requirement, by the terms as this section of the act extends only to a period of four years, the conclusion seems to be that the loans provided by the act were intended to be limited to the same period, since any other inference would impute to the Legislature an intentional disregard of tbH constitutional requirement referred to, as understood by it at the time of the passage of the act. 3. Any different construction of this section would seem to deprive it of both legal propriety and practical effect, and this, unless absolutely necessary from the language of the several sections should not be re- WEDNESDAY, OCTOBER 15, 1879. 2059 sorted to, the l'Ule being that statutes should be so construed that all their parts may have effect. 4. The consb'uction above insisted on would seem to be the only method of relieving the act from ambiguity, as well as to preserve and make effectual the provisions of the several sections, and if it be rejected, then there would be manifest ambiguity, and conflict between the 1st and 2d sections of the act, and the consequence that would flow from a separate and literal construction of section 1 would have to be looked to for the purpose of arriving at the intention of the Legislature; and if such consequences would be palpably unreasonable, improvident and absurd, then the rules require that such construction be given the section in question as will avoid the consequences described; and we submit that to allow such separate and literal construction of this section would attribute to the Legislature a purpose to pledge the railroad company for an indefinite time, an unknown (at the time) and unascertainable sum without adequate ~eservation or guaranty as to the exercise of reasonable diligence by the guarantees, and without suitable protection against abuse of tlle assistance extended. 5. vVe are satisfied after thorough examination that it was the purpose of the Legislature to limit the laws to a period of four years, and that this purpose, however expressed in the act, was the result of a clear and distinct understanding had at the time the act was passed, between the friends and promoters of the scheme for aiding the road, and those who, as members of the Legislatur~, opposed an unlimited loan by way of assisting in its construction. JoHN L HALL, Chairman; H. G. TURXER, w. M. HA:\:11\IOND, c. A. P. ADAM~, H. RONEY. 2060 JOURNAL O.F THE HoUSE. On motion of Mr. Hall, the report made by the committee was adopted as the sense of the House on the subjects submitted to said committee. The following Senate bill was read the third time and lost, to-wit : A bill to prohibit the fishing with seins or nets within one-half' mile below or above any daru erected across any navigable stream in this State. The following Senate bill was read the third time, and passed by the requisite constitutional majority; yeas 90, nays none, to-wit: A bill to amend section 64 of the Code of Georgia, authorizing the Govemor to buy property in certain .cases by striking out the word "except tax fl. fas.," in the third line of' said section. Mr. Paine, Chairman of the Committee on Enrollment, submitted the following report: Mr. Spealter : I beg leave to report that in accordance with the pro- visions of the appropriation act, \V. W. Charlton, Clerk of the Enrolling Committee, has been engaged one hundred and six days as said Clerk at four dollars per diem, and that under a resolution of the House the said Clerk is allowed two days to bring up the unfin- ished business. vV. w. PAINE, Chairman. Mr. vVright, chairman of the committee to whom was referred the resolution to investigate the amount of feE's paid totheAttorney-Genera1, and to associate, and advisory counsel, submitted the folloning report: Mr. Speaker : The committee to whom was referred the resolution to investigate the amount of fees paid to the AttorneyGeneral and to associate and advisory counsel, respect- WEDNESDAY, OCTOBER 15, 1879. 2061 fully report that they have investigated this matter, and herewith submit the evidence taken in the case. From the evidence of the Attorney-General, General Robert Toombs and his Excellency, Governor A. H. Colquitt, your committee is satisfied that there has been no violation of the law, and no illegal or excessive fees paid to or demanded by the Attorney-General, or associate or advisory counsel. The Attorney-General seems faithfully to have observed the law as lain down in section 1648 of the Code in reference to his fees. In addition to this, the evidence shows he has been a dili gent and faithful officer in looking after the interest of the State. He has pressed her claims with great energy and ability, especially in re-opening the railroad tax cases afttr adverse decisions had been rendered, and has done her very valuable services without in any case demanding excessive or illegal compensation, or endeavoring to defraud her Treasury. The services of General Robert Toombs have been very valuable to the State. He has pressed her claims to taxes upon large amounts of property, which has heretofore claimed exemption from taxation. His labor has been immense; ht:: has frequently represented the State in the Supreme Court of Geor~ia, and of the United States. The claims he bas establisted are for large sums annually. It is not for a year only, but forever. lie has established the principal that the railroad property of the State must, like her citizens, bear its just share of the burdens of the government. The State will reap the fruits of his labor through all time to co!Ae. His compensation in fees thus far has been trifling ; but he states that upon a final settlflment of the litigation, his fees will amount to between twenty and thirty thousand dollars. By the Code the Attorney General is entitled to ten per cent on all amounts recovered by him to the State. 2062 JOURNAL OF THE HoUSE. General Toombs' fees for like services will not amount to ten per cent, and your committee do not think the aggregate amount of his .iemands unreasonable, considering the large amount of the services aed the very great value of his s~rvices to the Commonwealth. He has not only pt:essed the claims with great ability and energy, but by his great insight into the law, he was the first to discover the State's right to set up the claims, and thus became the sole originator of these demands. It would be difficult to imagine how any one could render the State more valuable services than has been rendered her in these cases by this one of her noblest and most brilliant sons. There was some doubt resting upon the minds of your committee in reference to the propriety of the settlement ot the State's claim upon the Macon and Augusta Railroad for taxes. But the counsel for the State acted in full accord with the Executive, and with his knowledge. The settlement was perhaps just and fair to both the State and the railroad, and we are not disposed to interfere with it, especially since the Legislature has acted upon and authorized it. It was perhaps the best that could be done under the circumstances. There was a question as to the fees of the AttorneyGeneral in this case, but as the Macon and Augusta Railroad agreed to pay his fees, and as none of the money comes out of the State, your committee concludes to leave the matter with the railroad and the Attorney. General. The act of the Legislature, approved SeptembE>r 18, accepts from this railroad the sum of $L2,000 in full of all claims of the State upon it, with the promise that the r~tilroad is to pay all expenses and counsel fees. The railroad had already agreed to pay counsel fees WEDNESDAY, OcTOBER 15, 1S7::t. 20C3 to the amount of $8,000, which was to be divided equal1y between General Toombs and the Attorney- General. General Toombs has received his $4,000, and holds the other $4,000 subject to the order of the .At- torney-General. H. G. WRIGHT, Chairman; C. D. PHILLIPS, R. F. TA'l'E, JoHN D. SrMl\rs, W. W. WALTON. The following bill was read the third time, and the report of the committee was agreed to, and the bill passed by the requisite constitutional majority; yeas 91, nays 1, to-wit: A bill to prevent and suppress the introduction, ex- hibition anq circulation of obscene literature. Mr. Westbrook moved to have printed 300 copies of the report and the evidence taken by the committee on the fees paid to associate counsAl in railroad cases. The motion was lost. Mr. Luffman moved to suspend the rules to take up a resolution. The motion did not prevail. _ The following Senate bill was read the third time and the requisite constitutional majority nvt voting in the affirmative, the bill was lost, to-wit: A bill to declare and establish a flag for the State of Georgia. The following Senate bill was read the third time and passed by the requisite constitutional majority ; yeas 96, nays none, to-wit: A bill to require the Governor to appoint a compe- tent physician as one of the Board of Trustees of the Lunatic Asylum. The following Senate bill was read the third time and passed by the requisite constitutional majority; yeas 88, nays none, to wit : 2064 JoURNAL OF THE fiOUSE. A. bill to require Receivers and Collectors of taxes in this State to return by name dealers in spirituous, vinous or malt liquors, or intoxicating bitters, and to give the amount of special tax paid by each dealer or firm; any person from whom a special tax had been received, and the date of said payment, and for other purposes. The following Senate bill was read the third time; the report of the committee was amended and agreed to, and the bill passed, as amended, by the requisite constitutional majority; yeas 96, nays 1, to-wit: A. bill to change the time of holding the Superior Cou.rts of Douglas county. On motion of Mr. Polbill, the action of the House on 'the bill to declart=~ and establish the flag of the State of Georgia, was reconsidered. The House then adjourned till3 o'clock P.M. 3 0' CLOCK P. 1\l. The House reassembled, and was called to order by the Speaker. The following Senate bill for a second reading was laid on the table, to- wit : A. bill to provide for the classification of convicts in this State, and for other purposes. The following message was received from the Senate, through Mr. Harris, Secreta~y thereof: Mr. Speaker : The Senate has passed the following House bills, towit: A. bill to amend an act entitled an act to amend an act entitled an act to establish a County Court in Coweta county. "WEDNESDAY, OoroBER 15, 1879. 2065 Also, a bill repealing an act in reference to the transfer of pending criminal cases in Taylor Superior Court. Also, a bill to create a Board of Commissioners of Roads and Revenue for the county of Taylor. Also, a bill to regulate the traffic in corn and seed cotton in the county of Thomas. Also, a bill to amend an act incorporating the town of Forrestville, in the county of Floyd. Also, a bill to authorize the Clerk of the Superior Court of Chatham county, and the Clerk of the City Court of Chatham to reqnire a deposit for payment of costs. Also, a bill to amend an act entitled an act to rPgulate the traffic of seed cotton in Decatur county and Randolph county. The Senate has also passt>d the resolution relative to furnishing convicts to the Marietta and North Georgia Railroad, with certain amendments, in which they ask the concurrence of the House. The following resolution was taken up and thP- Senate amendments concurred in, to-wit: A resolution- Relative to furnishing convicts to the Marietta and North Georgia Railroad. On motion of Mr. Polhill, the following bill was taken up, the report of the committee agreed to, and the bill passed by the reqnisite constitutional major- ity; yeas 94, nays none, to-wit: A bill to declare and establish the flag of the State of Georgia. The following Senate bill was read the third time ; the report of the committe~ was agreed to, and the bill laid on the table, to wit : A bill to amend section o095 of the Code, and sub- stitute another therefor. 2066 JoURNAL OF THE HOUSE. Mr. Paine, chairman of the Committee on Enrollment, submitted the following report: Mr. Speaker: The Committee on EnrollmAnt report as duly enrolled, signed President of the Senate, and ready for the signature of the Speaker of the House of Representatives, the following acts of the Senate, to-wit: An act to carry into effect section 4, paragraph 9, article 6 of the Constitution, in cases where the presiding Judge is disqualified. Also, an act to prP.scribe f~>es of Solicitors of County Courts where the same are not now provioed by law. Also, an act to amend an act to require the payment of moneys arising from fines and forfeitures in the County Treasury, and to regulate the disbursement of the same. Also, an act to repeal all local or special laws consolidating of Tax-Collector and Tax-Receiver in any of the counties of this State. Also, an act to amend section 3962 of the Code, as to the county in which mortgages on realty shall be foreclosed. Also, an act to prescribe the manner of foreclosing Cf'rtain chattel mortgages, and confer jurisdiction of Justices of the Peace. Also, an act to amend section 898 of the Code of 1873. W. W. PAINE, Chairman. The following Senate bill was read the third time; tb, rt>port of the committee was agreed to, and therequisite constitutional majority not having voted in the affirmative, the bill was lost, to-wit: A bill to amend section 661 of the Code of 1873, in relation to the amount of the fine to be imposed on Rq,d Commissioners. 'I' he following Senate bill was read the third time; WEDNESDAv, OoTOBER 15, 1879 2067 the amendment proposed by the committee was not adopted, and the bill was indefinitely postponed, towit: A bill to make it unlawful to kill wild deer under certain circumstances. Mr. Paine, chairman of the Committee on Enrollment, submitted the following report : Mr. Speaker: The Committee on Enrollment report as duly enrolled, signed by the President of the Senate, and rPady for the signature of the Speaker of the House of Representatives the following acts, to-wit : An act to amend section 2042 and 2043 of the Code of 1873. Also, an act for the prevention of cruelty to animals, and to repeal all existing laws or said subject. Also, an act to provide for the better organization. government and discipline of the volunteer troops of this State, and for other purposes. W. W. PAINE, Chairman. 'fhe following Senate bill was read the third time ; the report of the committee was amended and agreed to, and the bill passed, as amended, by the requisite constitutional majority; yeas 97, nays none, to-wit: A bill to fix the time for holding the fall terms of the SuperiorConrt in the countiesofUnion and Towns, and for other purposes. On motion of Mr. Adams, the following bill was taken up and the Senate amendment con1mrred in, towit: A bill to empower thA authorities of Darien to require wharf owners in said city to keep their wharves in good order, and to pave the streets, and take other steps for the sanitary improvement of the city upon recommendation of the Board of Health. 2068 JouRNAL OJ!' THE HousE. The following Senate resolution was read and concurred in, to-wit: A resolntion- In relation to the destruction of useless pap~>rs in the Secretary of State's office. On motion of Mr. Livingston, the following Honse resolution was taken up, amended and agreed to, towit: A resolution_: To provide for the turning over of the property of the Geological Bureau of all kinds to the Agricultural Department. The following bill was withdrawn, to-wit: A bill to rt>gulate and reouce the compensation of Tax Collector and Receiver of Richmond county. The following Senate resolutions were indefinitely postponed, to-wit: A resolution- Te elect certain Solicitors-General. Also, a resolution to report on North Georgia Agricultural College. Also, a resolution in relation to the reduction of postage on certain publications. Also, a resolution in reference to adjournment. Also, a resolution in reference to a repeal of theresumption act. Also, a resolution to consolidate Committees on the Putitentiary. On motion of Mr. Adams, the following Senate reso1ution was taken np, read and concurred in, to- wit : A resolution- Regarding barge line from mouth of St. Marys' River to .Mississippi River. WEDNESDAY, OCTOBER lo, 1879. 2069 Mr. Paine, chairman of the Committee on Enrollment, 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 act, to-wit: An act to establish State depositories in the cities of Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, Gainesville, Hawkinsville, Griffin and LaGrange, and to prescribe their duties and liabilities. "\iV. "\iV. PAINE, Chairman. The following message was received from the Senate through W. A. Harris, Secretary thereof': .A-Ir. Speaker : The Senate has passed the following House bills, towit: A bill to incorporate the Canal Steamboat Company, and to define the rowers of the same. Also, a bill to authorize the Cumming Manufacturing Company to borrow money on bond mortgage or other security. Also, a bill to extend the corporate limits of the city of Savannah. Also, a bill to incorporate the Stonewall Insurance Company ot Augusta. Also, the Senate has passed a bill to encourage immigration to Georgia, with certajn amendments, in which they ask the concurrence of the House. On motion of Mr. Strother, the follewing resolution was read, to-wit: A resolution- Relative to the opening up of the Savannah River above Augusta. \ 2070 Jt1URNAL OF THE HOUSE. Amended and agreed to. The following House bill, amended in the Senate, was. taken up, to-wit: A bill to encourage immigration to Georgia, and for other purposes. Mr. Born called for the previous q ue8tion on the question of concurring in the Senate amendment. 'fhe call was not sustained. Tne Senate a.mendme>nt was not concurred in. 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 amend section 611 of the Code of 1873, and for other purposes. Also, an act to regulate the practice in the Supreme Court of this State. Also, an act to prohibit the making or selling of any spirituous liquors within two miles of any church or place of public worship in Sheffield District, Rockdale county, in this Stat... Also, an act to incorporate the Carnesville Railroad Company. Also, an act to alter and amend the road laws so far as relates to the county of Effingham. Also, an act to appropriate money to defraythe contingent expenses of the House and Senate for the present adjourned session. Also, an act to regulate the rates and manner of le gal advertising in this State, and to prohibit Ordinaries, Sheriffs, Coroners, Clerkf:', Marshals, or other officers from receiving or collecting, either from plaintiffs or defendants, other or greater fees than herein provided etc. WEDNESDAY, OcToBER 1o, 1879. 2u7i On motion of Mr, Hall, the following resolution was taken up, to-wit : .A. rl:!solution- That holders of transferred wild land fl. fas. may surrender such fl. {as. under which no sale has been made and get back the amount of tax. The substitute of the Judiciary Committee was adopted, and the resolution, as amended, adopted. Mr. Hammond offered the following resolution, which was read and agreed to, to-wit: .A. resolution- That all acts passed and joint resolutions adopted by the General Assembly shall be lawful and binding if signed within twenty-four hours after the adjournment of this session. On motion, the House then adjourned tillS o'clock P.M. t; 0' CLOCK P. l\L The House reassembled, and was called to order by the Speaker; The following message was received from the Senate, through W . .A.. Harris, Secretary thereof: Mr. Speaker: 'fhe Senate has agreed to the House amendments to the following bills, to-wit: .A. bill to regulate the publication of the Supreme Court Reports, and the sale thereof. Also, a bill to define by resurvey the county lines of this State, when the same are unknown, or are in dispute. Also, a bill for the prevention of cruelty to children. Also, a bill to provide for the choice of arbitrators in 2072 JouRNAL OJ! THE HousE. case of disa.greement upon return of corporations, companies, persons or institutions. The Senate bas passed the following House bills: .A bill to change the time of holding the Superior Court of the county of washington. .Also, a bill for the protection of game in the county of Houston. Also, a bill to constitute the lessees of the Macon and Brunswick Railroad, in the event said road is leased, agents for the State for certain purposes. Al~o, a bill to provide for a local Board of Trustees for the Middle Georgia Military College. .Also, a bill to amend an act to require the registration of voters in Camden county. The Senate also passed the following House bill, with an amendment, in which they ask the concur renee of the House : .A bill to amend an act chartering the Bond of Trustees of Mount Vernon Institute. The following House bills were lost in the Senate:. .A bill to p10hibit the sale of intoxicating liquors within two miles of Johnson's Church, in \~Varren county. .Also, a bill to amend section 1031 of the Code of Georgia . .Also, a bill to regulate the time of holding the Superior Courts in the several counties composing the Rome circuit. 'rhe Senate insists on its amendment to the bill of the House of Representatives, to-wit: .A bill to encourage immigration to Georgia, and for other purposes, and asks a committee of conference, and bas appointed as such committee on the part of the Senate .Messrs. Grimes, Clark, Harrison and Bryan. 'l'he Senate has concurred in the amend::nents of the WEDNESDAY, 0oroBEB 16, 1879. 207 House of Representatives to the following Senate biDs, to-wit: A bill to fix the time for holding the fall terms of the Superior Courts in the counties of Union and Towns. Also, a bill to change the time of holding the Supe rior Oourts of Douglas county. The Senate has concurred in the following House resolutions : A resolution- Requesting the Representatives in Congress, from this State, to urge that body to appropriate the fund now in the Treasury of the United States belonging to colored soldiers of the South to the University at Atlanta. Also, a resolution ofinstructionstotheComptrollerGeneral. Also, a resolution requesting the Governor to investigate the facts relative to certain coupons of the Macon and Brunswick Railroad. Also, a. resolution as to signing bills passed by the General Assembly. Also, a resolution relative to public printing. The Senate has passed the following resolution: RfJ8ol?JerJ, That a. committee of two on the part of the Senate and three from the House be appointed to wait on the Governor and notify him that the General Assembly is now ready to adjourn without a day, and to ascertain if he has any communication to make to the General Assembly, and have appointed as said committee on part of Senate Messrs. Cabaniss and Fain. On motion of :Mr. Garrard, the House acceded to the request of the Senate for a. Committee of Confer ence on the immigr&tion bill, and the following committee was appointed on the part of the House : 131 2074 JouRNAL o.F THE HousE. Mt>ssrs. Garrard, Westbrook, Smith of Oglethorpe, and Hall. Tlle following House biJl was taken up and the Senate amendments thereto concurred in, to- wit: A bill to be entitlPd an act to amt'nd an act chartering the Board of Trustees of Mt. Vernon Institute and incorporating the town of Riddlesvil1e, in \Vashington county, Ga.., approved DPcPmberl7, 1859, and creating a new Board of Commissioners ~iving- them certain privileges, etc., and for otht:>r purposes. On motion of Mr. Strother, the Senate resolution appointing a committee to notify the Governor that the General A!'lsembly is now ready to adjourn without a day, was taken up and agrP.ed to, ancl the Speaker ap pointt.d as said committee, Messrs. Strother, Pope and Berry. Mr. Tatum, of Dade, oflered the following resolution, which was unanimously adopted, by a rising vote, to wit : A resolution- 1'hat. the thanks of this House are due and are hereby tendered the Ron. A. 0. Bacon, Speaker, for the prompt and dficient and courteous manner in which he has discharged his duties dming the session now about to close. On motion of Mr. Ret:se, the thanks ot the House were tendered to Mr. Henry R. Goetchius and Mark A. Hardin and their assistants for the manner in which they have discharged their duties. The House concurred in the Senate amendments to the folloming resolution with an amendment, to-wit: A resolution- Relating to public printing. On motion of Mr. \Vheeler, the thanks of the House were returned to Hon. H. G. 'l'umer, Speaker protem., WEDNESDAY, 0CTO.BE.R 15, 1879. 2075 for the able and efficient manner in which he has discharged the duties of his office. The following message was received from the Senate, through W. A. Harris, Secretary thereof: Mr. Speaker: I am instructed to inform the Hnuse that the Senate is now ready to adjourn sine die. The following message was received from the Senate, through W. A. Harris, Secretary thereof: Mr. Speaker : The Senate has concurred in the amendment of the House to the resolution relating to public printing. Mr. Paine, chairman of the Committee on Enrollment, submitted the following report: Mr. Speaker: The Committee on Enrollment report as duly enrolled, and ready for the signature of the Speaker of the House of Representatives the following acts, to-wit: An act to alter and amend an act entitled an act to make minors parties to proceedings in the courts of this State, approved 25th February, 1876. Also, an act to carry into effect paragraph 2, section 18, article 6 of the Constitution, so as to provide for the revision of the jury-box, and for other purposes. Also, an act to incorporate the American Guarantee Associati0n. Also, an act to regulate the traffic in corn and seed cotton outside of incorporated towns within the limits of the county of Thomas, in this State. Also, an act to create a Board of Commissioners of Roads and Revenue for the county of Taylor; define their powers and duties, and for other purposes. Also, an act repealing an act approved March 4, 1875, in reference to the transfer of pending criminal cases in Taylor Superior Court. 2076 JOURNAL OF TR.E HoUSE. Also, an act to amend an act entitled an act to establish a County Court in Coweta county, approved l\farch 2, 1874, which amend!},tory act was approved February 16, 1876. Also, an act to amend an act entitled an act to regulate the traffic in seed cotton in the counties of Decatur and Randolph, approved February Hi, 1876, extending the provisions of said act to the county of Lee. Also, 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 paymertt of costs, and for other purposes. Also, an act to amend an act incorporating the town of Forestville, in the county of Floyd, so as to limit and diminish the boundaries of said town. Also, a resolution relative to the furnishing convicts to the Marietta and North Georgia Railroad. Also, an act to incorporate the Stonewall Insurance Company of Augusta, Georgia. Also, an act to incorporate the Canal Steamboat Company. Also, an act to authorize the Cumming ~fanufactur ing Company to borrow money on bond mortgage or , other security, and for other purposes. Also, an act to extend the corporate limits of the city of Savannah. Also, a resolution authorizing the State rreasurer to pay interest on certain bonds of this State. Also, a resolution relative to furnishing convicts to the Marietta and North Georgia Railroad. Also, an act to provide for a local Hoard of Trustees for the Middle Georgia .Military and Agricultural College. Also, an act to empt')wer the authorities of the city of Darien, in this State, to compel whart owners to keep wharfs in good order, and for other purposes. WEDNESDAY, Oo:roBER 15, 1879. 2077 Also, an act for the protection of game and birds in the county of Houston, and for other purposes. Also, an act to change the time of holding the Supe- rior Court of the county of Washington. Also, an act to amend an act to authorize and require the registration of voters in the county of Ca.mden, in this State. Also, a resolution requesting the Senators and Rep- resentatives in Congress from this State to urge that body to appropriate the fund now in the Treasury of the United States, belonging to the colored soldiers of the South, to the University at Atlanta, Ga. Also, a resolution requesting the Governor to inves- vestigate the facts relative to certain coupons of the valid Macon and Brunswick Railroad bonds. Also. a resolution of instructions to the Comptroller- General of this State. Also, an act to amend an act chartering a Board of Trustees of the Mt. Vernon Institute, and for othE'r pur- poses. w. W. PAINE, Chairman. On motion of l\fr. Phillips, of Coffee, the thanks of the House were tendered to Ron. J. R. Smit.h, Messen- ger, for the efficient manner in which he has discharged his duties. On motion of Mr. Miller, of Houston, two thousand copies each of the reports of the trials of W. L. Gold- smith, Comptroller-General, and J. W. Renfroe, Treas- urer, were orderdered printed for distribution among the members of this House. A resolution relative to the pay of pages was intro- duced, read, and, on motion, laid on the table. Mr. Paine, chairman of the Committee on Enroll- ment, submitted the foJlowing report : Mr. Speaker: The Committde on Enrollment report as duly en- 2078 JOURNAL OJ!' THE HOUSE. rolled, signed by the President of the Senate, and ready for the signature of the Speaker of the House of Representatives the following acts, to wit: An act to declare the effect upon third parties of the record of mortgages in certain cases. Also, an act to amend section 1458 of the Revised Code of this State of 1873, in relation to the penalty of setting fire to the woods without notice. Also, an act to prescribe the fees of Solicitors of County Courts where the same are not now provided by law. Also, an act to fix the time of holding fall terms of the Superior Courts of Union and Towns. Also, an act to change the time of holding court at Douglas county. Also, a resolution regulating barge line from mouth of 8t. Marys' River to Mississippi River. Also, an act to prescribe the manner of foreclosing certain chattel mortgages, and to confer jurisdiction on Justices of the Peace, and for other purposes. Also, an act to carry into effect section 4, para.graph 9, article 6.of the Constitution of this State in relation to the appointment of some person to preside in cases where the presiding Judge is disqualified. Also, an act to be entitled an act to make certain enclosures therein defined a lawful fence, and to extend to the samf' existing provisions of law on the subject of lawful fence. Also, an act to add to and amend section 898 of the Code of 1873. Also, an act to amend an act to require the payment of money arising from fines and forfeitures into the County Treasurer, and for other purposes. Also, an act to amend section 3962 of the Code. Also, an act to repeal all local or special laws con- WEDNESDAY, OCTOBER lo, 1879. 2079 solidating the offices of Tax Collectors and Tax Receivers of this State. W. W. P AIN"E, Chairman. The following message was received from the Senate, through "'\V. A. Harris, the Secretary thereof: Mr. Speaker: The Senate has concurred in a House resolution to dispose of certain articles in the office of the State Geologist. On motion of Mr. MeWhorter, the thanks of the House were tendered to B. H. Miller, Door-Keeper of the House, for the manner in which he has discharged the duties of his office. On motion of Mr. Butler, the thanks of the House were unanimously tendered to Ron. W. W. Paine, chairman of the Committee on Enrollment, for the manner in which he has discharged his duties. The following bill was taken up, and the Senate amendment concurred in, to-wit: A bill to amend the act incorporating the town of Oxford, in Newton county, approved December 23, 1873, etc. Mr. Paine, chairman of the Committee on Enrollment, submitted the following report: Mr. Speaker : The Committee on Enrollment, report as duly enrolled and ready for the signature of the Speaker of the House of Representatives the following acts, towit: An act to amend an act incorporating the town of Oxford, in the county uf Newton, approved December 23, 1839, and the acts amendatory thereof, so as to empower the Board of Commissioners of said town to enforce the laws, and for other purposes, etc. 2080 JOURNAL O.F THE HOUSE. Also, a resolution to dispose of certain articles in the office of the State Geologist. W. W. PAINE, Chairman. Mr. Garrard, chairman of the House committee of conference on the immigration bill, submited the following report : Mr. Speaker: The committee have had under consideration the Senate amendments to the House immigration bill, and beg leave to respectfully recommend that the Senate recede from its amendments to House bill No. 865, en- titled a.o act to encourage immigration to Georgia, and for other purposes. w. T. GRIMES, On part of Senate. LOUIS F. GARRARD, JOHN I. HALL, A. C. WESTBROOK, JAMES M. SMITH, On part of House. We, the undersigned members of the committee of conference on House bill No. 865, to be entitled an act to encourage immigration to Georgia, and for other purposes, respectfully recommend that the Senate amendment thereto be agreed to. GEo. W. Br~YAN, A. D. CANDLER, W. B. FoLK, On part of Senate. The following message was received from the Sei:.ate, through Mr. Harris, the Secretary thereof : Mr. Speaker: The Senate has adopted the majority report of the conference committee (herewith submitted) recommending that the Senate recede from its amendments WEDNESDAY, 00TOBER 15, 1879. 2081 to a bill of the House to encourage immigration to Georgia, and for other purposes. Mr. Paine, chairman of the Committee on Enrollment, submitted the following report : Mr. Speaker: The Committee on Enrollment report as duly enrolled, and ready for the signature of the Speaker of the House of Representatives, the following resolutions, to-wit: A resolution- To encourage immigration to Georgia, and for other purposes. Also, a resolution requesting the Senators and Representatives in Congress from this State to urge that body to appropriate the fund now in the Treasury of the United States belonging to the colored soldiers of the South to the University at Atlanta. Also, a resolution requesting the Governor to investigate the facts relative to certain coupons of the valid Macon and Brunswick Railroad bonds. Also, a resolution relating to public printing. :Also, a. resolution relative to instructions to the Comptroller GeneraL. Also, an act to amend an act chartering the Board of Trustees of Mt. Vernon Institute and incorporating the town of Riddlesville, and for other purposes. W. W. PAINE, Chairman. On motion of Mr. Polhill, the Clerk of the House was instructed to inform the Senate that the House has completed its labors, and will adjourn at five minutes after 10 o'clock P. M. to-day. On motion of Mr. Redwine, the resolution granting the Chairman of the Committee on Enrollment two days to bring up the business of the session was agreed agreed to. 2082 J OUBNAL OF THE HOUSE. On motion of Mr. Roach, the House requested the Governor to grant the use of the Hall of the House of Representatives to the mechanics and laborers of Atlanta for one night The Journal was then read and confirmed, and the House adjourned sine die. INDEX. A. ADVERTISING .AND PRINTING- Regulating advertisement of SherifF sales, etc . . 125 284 824 1928 To prescribe the mode of letting the public printing . . 197 381 409 526 ADAMS, .A. P. HON 6 AGRICULTURE, ETC- To abolish Department of . . . . . 50 345 437 588 679 682 Publication of Statisti.cs . . . . . . . . . . . . 140 141 To amend an act to render more efficient the analysis of fertili- zers . . . . . 31 3 382 423 527 2011 To regulate sale of commercial fertilizers, etc . . . 517 961 To prevent sale of fertilizers without stamp of analysis thereon 608 1817 1865 To reduce the annual appropriation for Department of Agricul- ture . . . . . . . . . . . . . 775 To prevent the sale of spurious fertilizers . . 811 1971 For mutual protection of vendors and purchasers of fertilizers 812 1324 1971 To prevent imposition in sale of fertilizer . . . 832 1029 1324 1547 To render more efficient and economical the inspection, etc., of fertilizers . . . . . . . . . . . 926 1032 1074 1257 1891 To render more efficient, etc., the inspection of fertilizers . 1386 1881 1885 1895 1984 To amend an act establishing Department of .Agriculture . . 1543 1779 1904 The statement of Commissioner of Agriculture . 257 293 294 295 To prevent transfer of notes given for fertilizers . . . 286 To require an account of all purchases of farm products by mer- chants, etc . . . 311 ALSTO~, R. A. HON . . . . . . 12 ANDERSO~. L. G. HON., OF l\IORGAN . 8 ANDERSON, L. B. HON., OF NEWTON . 8 ANDERSON, R. W. HON., OF PuLASXI 8 2084 INDEX. APPROPRIATIONS- To pay certain coupons of Macon and Brunswick Railroad 46 To pay Oglethorpe Light Infantry for guns . . . . . . . 72 For ~upp:>rt of Governmont-1879, 1880 . 97 297 323 324 325 330 330 342 343 347 348 353 354 355 446 458 459 460 475 476 495 496 To pay School Commissioners of Whitfield county . . . . . . 118 To pay John W. Cain, Jr., and others . . . . . . . 126 263 To pay commissions to W. J. T. Hutchinson . 121 671 731 1837 To pay W. P. Howell & Co. for publishmg . . . . . 137 263 1814 To pay E. J. and W. J. Ford for arnsting Ready 228 To pay John Rice sum due on public printing . . . 312 To refund money toW. T. Herring . . . . . . . . . . . . 313 To settle the claim of Thomas L. Sneed . . 138 381 407 524 1072 1141 1153 To pay for cross-ties for Western and Atlantic Railroad . . 611 To repair Deaf and Dumb Intitute, etc . . . . . 649 1821 To pay expenses of Joint Committee on Wild Lands . 650 1222 1239 1521 To appropriate $20,000 for rebuilding North Georgia Agricultu- ral College . . . . . . . . . . . . 651 1223 1273 2854 To pay $550 to the Philadelphia, Wilmington and Baltimore Railroad Company . . . . . . . . . . 730 To pay G. M. T. McLeod . . . . . . . . . . . . . . 754 1839 To appropriate a sum to the Ladies' Memorial Association of Americus . . . . . . . . . . . . 737 1839 To pay S. A. Darnell . . . . . . . . . . . . . . . 832 To defray expenses of survey of State line . . . . . . . 1140 1446 To pay Dunlop & Dickson for public printing . . 734 1310 1838 To pay salary of Physician of Penitentiary . . . . 1355 1446 1879 To pay expenses of special committee on Comptroller-General's Department . . . . . . . . . . . . . . . . 1369 1684 1716 To pay expenses of special committee on Principal Keeper of Penitentiary . . . . . . . . . . . . . . . 1449 1685 To pay expenses of special committee on Treasury Department 1524 1710 To pay expenses (incidental) of adjourned term of General Assembly . . . . . . . . . . 1554 1702 2016 To fit up new rooms for State Library . . . . . . . . . . . 1708 To pay expenses of special committee of AgricuHmral Depart- ment . . . . . . . . . . . . . . . . . 1860 To pay expenses of impeachment trial of W. L. Gold~mith 1897 To pay expenses of impeachment trial of Jno. W. Renfroe 1879 INDEX. 2085 ATTORNEY-GENERAL AND SOLICITORS- To define and enlarge the duties of Attorney-General 647 1222 1238 To reduce the fees of Solicitor,;-General and county Solicitors 905 To declare it unlawful for Solicitors-General to discharge pris- oners from jail . . . . . . . . . . . . . . . . .-. . 1253 To prohibit the Attorney-General from receiving fees from the State . . . . . . . . . . . . . . . . . . 1566 1693 1725 2028 To require Solicitors-General to report fines and forfeitures collected by them . 7 42 AWTRY, J. F. HON. . . 9 B. BACON, A. 0. HON. . . . . 5 Elected Speaker . . . . . 9 BANKS, TRUST AND INSURANCE C0:11PANIES- To prohibit banks from charging usury . . . . . . . . 138 1814 To punish banks, etc., for receiving deposits when insolvent and failing to pay, etc. . . . . . . . . . 138 381 406 1473 1928 To incorporate the American Guarantee Association 227 1445 1485 To reduce the capital stock of the Bank of Augusta 595 1323 1472 To more clearly define the powers, etc., of the Bank of Augosta 595 To amend the charter of the Georgia Banking and Trust Com- pany . . . . . . . . . . . . . . . . . 628 730 1029 1035 To reduce the capital stock of Peoples' Bank of Newnan . 636 691 To incorporate the Savannah Trust and Safe Deposit Company 645 713 1244 1444 1449 1580 To exempt banks chartered in this State from specific tax 659 1262 1459 To incorporate the Augusta Savings Bank . . . 671 748 1263 1617 To incorporate the Nationalliiercantile Debt Assurance Com- pany . . . . . . . . . . . . . . . . . . . . . 750 1310 1466 To incorporate the Augusta Mutual Insurance Company . 762 1445 1466 To incorporate the American Guarantee Association . . . . 782 To incorporate the Stonewall ln,;urance Company . 1895 1929 1968 BARKSD.o\.LE, R. T. HON.. 9 BARRON, R. H. HON.. 7 BELL, JOHN HON... 6 BEN~ETT, A. T. HOX.. 7 BERRY, J. F. HON. . . 284 BUW, ELBERT l!O.X. . 98 BLECKLEY, JOHN M. liON. 2v86 INDEX. BONDS- State bonds for redemption of State bonds 46 252 283 284 326 327 328 329 331 To pay certain Macon and Brun.wick Railroad coupons . . 72 Authorizing cities to issue bonds to redeem bonds . . . . . 71 1837 Authorizing Governor to issue bonds for vV. F. Herring . . 228 313 Declaring indorsement of Northeastern Railroad bonds to be void . . . . . . . . . . . . . . . . . . . . . . . 266 Authorizing regiRtration of State bonds . . . . . . . 285 1779 1863 To reduce Sherifi's bond of Wayne county . . . 581 749 1658 1759 To authorize Commissioners of Dougherty county to issue bonds . . . . . . . . . . . . . . . . . 633 728 1222 1241 To authorize Cow-missioners of Decatur county to issue bonds . 636 727 1222 1241 To pay coupon~ of Macon and Brunswick Railroad . . 642 643 853 To authorize Ordinary of Jackson county to issue bonds . . 617 732 1029 1034 To authorize the Ordinary of Clarke county to issue bonds . . 650 1223 1257 To authorize city of :Macon to issue bonds . . 831 884 1027 To reduce the bond of the State Treasurer . . . . . . . 832 To aptherize Ordinary of Fulton county to issue bonds . . 836 1325 1511 To authorize Bartow county to issue bonds . . . . . . 1854 1915 To allow Atlanta to issue bonds to pay her floating debt .. 610 1029 1035 To protect sureties on forthcoming bonds 136 BORN, W. J. HON. . . . . . . 7 BRAKCH, MICHAEL HO:X . . 7 BRANNON, JAl\IES l\1. HON. 5 BRA:KTLEY, GREEN HON 9 BRI.NTLE, - - HON . . . BOARD OF HEALTH-STATE. To abolish the State Board of Health . . . . . . . 99 402 523 To amend the act creating the State Board of Health. 645 1260 1528 1536 1551 1627 1644 1872 To create a State Board of He~lth . . . . . . . . . . . 838 BRIDGES- To establish original rates of toll over bridge at Fort Gaines . 639 714 1223 1276 To withdraw all rights from Arnett Bridge Company..637 727 1223 1266 INDEX. 2087 BUCHAN, JAMES M. HON . . 6 BURCH, --RON .... BUTLER, THOlfAS l\:1. HO:N 12 BUTT, T. J. HO:N . . 9 c. CANN"ON, - - HON . . . . . . . . . . . . 8 CARR, B. T. HON . . . . . . . . . . . . . . . . . . . . . 9 CHAMBERS, FRANK HO:N , . . . . . . . . . . . . 9 CHAPMAN, JOH:N 'I. HON . . . . . . . . . . . . . CITIES Al\'D TOWNS- To amend the charter of Milledgeville . . 126 853 1359 1513 To authorize certain cities to issue bonds . . . 135 324 332 To amend the charter of Thomson . . . 234 605 986 1018 1314 Publication of registered voters of Augusta. 241 747 594 985 1009 Mayor of Augusta-as Recorder-act repealed. , 211 594 747 1009 To require exhibits of annual receipts and disbursements of mu- nicipalitie~ . . . . . . . . . . . . . . . . 267 Enclosure nf lanes, alleys, etc., by towns and cities . 312 379 412 To regulate municipal elections in WestPoint . . 584 749 919 963 To amend the charter of Crawfordville 585 748 920 964 1008 To amend the charter of Talbotton . . . . . 586 748 920 963 1210 To amend the law as to Board of Health of Augusta . 591 748 985 1009 To create a Board of Police Co=issioners for Augu~ta . . 593 747 970 977 1182 To regulate official term of Mayor of Augusta , . 591 747 To confirm an ordinance as to sinking fund of Augusta . 594 747 985 1069 To provide a city goverment for Eatonton . 597 747 985 1033 To allow Atlanta to issue bonds to pay her floating debt . . 610 1029 1035 To allow Atlanta to tax business, etc . . . 611 1029 1034 1313 To incorporate Bellton . . . . . . . . . . 617 731 1221 1283 1650 To amend the charter of Atlanta-Water Commissioners. 628 730 1029 1035 To incorporate South Rome . . . . . 631 728 1222 1238 To amend the charter of Ea.qtman, Dodge county. 635 729 1222 1224 To amend the charter of Senoia, Coweta county . 636 727 1223 1265 1834 To authorize Bainbridge to levy a school tax 637 727 1223 1267 1557 2088 INDEX. To authorize Athens to use a certain tax fund, etc . 641 714 1223 1257 To extend the corporate limits of Savannah . . 644 713 974 1915 To authorize Savannah to build an aqueduct . . 644 713 12-!4 1281 To authorize Savannah to levy a tax for street purposes . . 645 1837 To authorize Savannah to tax railroad property within hEr limits . . . . . . . . . . . . . . . . . . . . . . . 645 713 fo amend the charter of Carrollton . . . . . . 652 712 1260 1328 To repeal an act as to payment of bonded debt of cities. . . . 668 To amend the charter of West Point . . . . . . . . 669 1263 To incorporate Maysville . . . . . . . . . . . . 704 1309 1538 To authorize the city of Darien to inforce certain sanitary meas- ures . . . . . . . . . . . . . . . . . . . . . 705 717 1928 To authorize Darien to have wharves built and repaired, etc . 717 1267 To amend the charter of Forsyth . . . . . . 753 1310 1466 1927 To amend the charter of Oxford . . . . . . . . . 755 1445 1466 To amend the charter of Forrestville . . . . . 761 1385 1929 1959 To incorporate OwensYille, Coweta county . . . . . . . 776 To amend the charter of ThomasYille . . . . . 782 931 1402 1722 To repeal an act reducing the corporate limits of vVaycross . . 814 1324 1580 To amend the charter of Riddleville . . . . . . . . . 814 1755 To amend the charter of Albany . . . . . . . . . 837 1325 1512 To repeal an act amending the charter of St. Marys . . . . 839 1249 To regulate elections for Mayor, etc., of :Milledgeville. 853 1059 1513 To confer: certain powers on authorities of Darien . . 854 1359 1513 To amend the charter of Social Circle . . . . . . . 876 1360 1513 To amend the charter of Marietta . . . . . . . . . . 882 1681 To amend an act as to mode of chartering towns . . . . . . . 930 To repeal the charter of 'Veston . . . . . 1025 To amend the charter of Rome . . . . . . . . . . 1688 1779 1912 CLEGG, J. A. HON . . . . . COLLEY, FRANK H. HON . 9 COLLINS, C. B. HON . . . 8 CODE-SECTIONS AMENDED. To amend section 874 of Code . 46 To amend section 4814 of Code . 47 298 To amend section 2571 of Code 47 To amend section '!308 of Code . 68 109 To amend section 4068 of Code 69 To amend section 1407 of Code . . 69 1689 1727 To amend section 2495 of Code , , 69 INDEX. 2089 To amend section 4287 of Code 70 To amend the Code in part 3, chapter 2, article 1 70 To amend section 2971 of Code . . . . . 70 316 485 To amend section 3854 of Code . . . . . 71 To amend section 1443 of Code . . . . . 72 To amend section 4612 of Criminal Code 72 To amend the Code as to slander. . . . 70 275 287 To re-enact sections 1041, 1042, 1043, 1044 and 1045 of Code . 89 To amend section 4692 of Code . . 90 323 469 To amend section 3580 of Code . . . . . 90 To amend section 1711 of Code 90 To amend section 4132 of Code 91 379 522 To amend section 25i3 of Code . . 91 380 401 To amend section 4155 of Code .. . 92 1813 AMENDMENTS OF CODE- To add two sections to penal Code . . . . . 92 To amend section 4528 of Code . . . . . . 92 380 402 1814 To amend section 610 of Code 117 To amend section 1288 of Code . 119 To amend section 1397 of Code 124 830 To amend section 610 of Code . . 124 To amend sections 3672 and 3728 of Code . 124 To amend section 3648 of Code . . . . 125 380 404 To amend section 4662 of Code . . . . 125 To amend section 4370 of Code . . . . . 125 1036 1072 To amend ~ection 610 of Code . . . . . . . . . . . . . . . 125 To amend section 4379 of Code . . . . . . . 126 380 405 To amend sections 4387 and 4388 of Code . . 136 380 408 1314 To amend section 695 of Code . . . . . . . . . . . . 197 To re-enact section 4573 of Code . . . . . . . . 224 519 527 To amend ~ection 3308 of Code . . . . . 224 To repeal sub-section 5 of section 3854 of Code . . . 224 To amend section 2683 of Code . . . . . . . . . . . . 232 To amend section 4310 of Code. . . . 232 824 855 To amend section 4373 of Code . . . . 240 1260 To amend section 281 of Code . . 240 382 411 1546 CODE-AMENDED A:SD REPEALED- To repeal section 3620 of Code . . . . . . . . . 90 To repeal section 4323 of Code . . . . . . . . . 117 379 403 To repeal section 3739 of Code . . . . . . . . . . . . 124 To repeal section 4411 of Code . . . . . . . . . 126 380 405 To amend section 3796 of Code . . . . . . . . . . . . 240 To amend section 3796 of Code . . . . . . . 240 824 855 132 2090 INDEX. To amend section 3845 of Code . . . . . . 234 382 410 To amend section 834 of Code . . 241 To amend section 3845 of Code . . . . . . 241 To amend section 3940 of Code . . . . . 284 To amend section 4687 of Code . . 311 1658 1970 To amend sections 2495 and 2496 of Code . . . . . . . 311 To amend section 887 of Code . . . . . . . . . . . . 312 To amend section 4045 of Code (dower) . . . . . 136 381 408 To repeal paragrph 5, section 3854 of the Code . . . . . .517 1742 To amend section 930 of Code. . . . . . . . . . . . 518 918 958 To amend section 2970 of Code . . . . . . . 575 919 963 1175 To amend section 4587 of Code . . . . . . . . . . . . . 598 To amend section 2705 of Code. . . . . . . . . . . 607 To amend sections 951, 952, 953 of Code . . . . . . . 607 986 1017 To amend section 1961 of Code . . . . . . . . . . 607 986 1017 To amend section 3845 of Code. . . 607 987 1419 1423 To amend section 4263 of Code . . . . . . . . . . 607 To amend section 4560 of Code . . . . . . . . . . . . . . 608 To amend sections 4372 and 4373 of Code . . . . . . 608 984 1266 To amend section 1319 of Code. . . . . . . . . . . . . . . 608 To amend section 3700 of Code . . . . . . . . . . . . . . . 608 To amend section 1589 of Code . . . . . . . . . . . . . 608 To amend sections 2758. 2760, 2761, 2768, 2770 and 2772 of Code . . . . . . . . . . . . 608 1039 1221 1231 1929 1910 To amend section 4747 of Code . . . . . . . . . . 609 988 1020 To amend section 1456 of Code . . . 609 984 1222 1311 1478 1480 To amend section 1458 of Code . . . . . . . . . . . . 609 1480 To amend section 1676 of Code . . . . . . . . 609 988 1015 1210 To amend section 3036 of Code . . 609 988 1026 To repeal section 1966 of Code . . . . . . . . 609 To amend section 4569 of Code 647 1223 124S 1266 To amend section 4578 of Code . . . . . . . 647 12:!3 To amend section 1445 of Code . . . . . . . . . 647 To amend section 787 of Code . . . . . . . . . . . . .649 1821 To amend section 4441 of Code . . . . . . . . 668 1459 To amend section 4637 of Code . . . . . . . . 674 1261 1458 To amend section 327 of Code . . . . . . . . . . . . 676 1837 To provide for foreclosure of liens created by section 1981 of Code of 1873 . . . . . . . . . . . . . 676 To amend section 3623 of Code . . . . . . . . . . 676 1262 1459 To reenact section 3906 of Code . . . . . . . . . . . . . . 676 To punish slander and make it penal . . . . . . . . 676 1837 To prevent and punish betting on elections . . . . . . 676 To define and punish tramps . . . . . . . . . . . . 677 1837 INDEX. 2091 To amend section 1608 of Code . 711 To amend section 1614 of Code . . . . 711 To amend section 1615 of Code . . . . . 711 To amend section 2965 of Code . . . . . . . . . . . 723 1838 To amend section 4141 of lode . . . . . 723 1262 1309 1474 1680 To amend section 3698 of Code . . . . . . . . . . . . . 724 1838 To amend section~ 4387 and 4388 of Code . . . . . . . 724 1838 To amend section 3409 of Code . . . . . . . . . 724 1310 1474 To amend section 3408 of Code . . . . . . . . 648 724 1310 1474 To punish harboring of peraons escaped from jail when held nn- Jer civi! process . . . . . . . . . . 724 To amend ~>ection 1435 of Code. . . . . . . . . 724 1310 1435 To make it penal to bet on elections . . . . . . 741 1310 1474 To prevent and punish the carrying certain weapons . . . 741 To amend section 3583 of Code . . . . . . . . . 741 1310 1476 To amend sections 1456 and 1458of Code. 761 To amend section 829 of Code . . . . . . . . . . . . . . 762 To amend section 4057 of Code. . . . . . . . . . . . . . 811 To amend section 1416 of Code . . . . . . 892 1360 1583 1839 To protect against fraudulent weights and measures, and repeal sections 1588, 1589 and 1590 of Code . . . . . . . . 905 To amend section 1832 of Code . . . . . . . . . . . . 931 1402 To repeal sections 1631, 1632 and 1633 of Code . 932 1402 1586 1765 1770 1875 1971 To amend section 1730 of Code . . . . . . . . . . 932 1403 1612 To amend sections 4538 and 4540 of Code . . . . . . . . 932 1402 To ame~d section 837 of Code . . . . . . . 933 1403 1613 To amend section 1455 of Code . . . . . . . . . . . . . 996 To amend section Ull of Code . . . . . . 996 1445 1636 1643 1665 To declare section 252 of the Code in iorce, and add a section thereto requiring Clerks Superior Court to appoint Judges in ce1 tain clt!'es . . . . . . . . . . . . . . . . . . . . . . 1054 To amend section 655 of Code . . . . . 1057 1446 1637 1644 1678 To amend paragraph 1 of sectiOn 670 of Code . . . . . . . . 1161 To amend section 3540 of Code . . . . . . . . 1106 1446 1640 To amend section 1455 of Code and amend the stock law as to For:;yth county . . . . . . . . . . . . . . . . . . . . 1196 To amend section 191 of Code . . . . . . . 1249 1447 1641 To amend section 2844 of Code . . . . . . . . . 1253 1891 1903 To amend section 4372 of Code . . . . . . . . . . . 1253 1814 To repeal section 191 of Code . . . . . . . . . . . . . 1255 To amend section 279 of Code. . . . . . . . . 1397 1687 2029 To amend section 384;3 of Code . . . . . . . . . . . . . . 1640 To amend section:!l!l of Code . . . . . . . . . . 1639 To amend section 1031 of Code . . . . . . . . . 1746 1779 1892 2092 INDEX. COMMON CARRIERS- To provide for sale of unclaimed goods by common carders .118 380 403 524 To protect fertilizers in the hands of common carriers . 118 380 403 CONSTABLES- To authorize Constables to exccuteji.jas.. 47 To regulate Constable sales . . . . . . . 136 CONSTITUTION- To amend ConRtitution . 47 To carry into effect article 6, section 4, paragraph 2 of Consti- tution . . . . . . . . . . . . . . . . . . . . . 47 To carry into effect paragraph 16, section 7, article 3 of Consti- tution . . . . . . . . . . . . . . . . . . . . 47 65 102 119 To carry into effect section 18, paragraph 2, article 6 of Consti- tution . . . . . . . . . . . . . . . . . . . . . 47 1262 1813 To carry into effect paragraph 3, section 18, article 6 of Consti- tution. . . . . . . . . . . . . . . . . . . . . 48 To carry into effect article 6, section 9 of Constitution 68 CONSTITUTION-AMEl>"'DMENTS, ETC. To carry into effect article 6, section 7, paragraph 2 of Constitution . . . . . . . . . . . . . . . . . . . . . 69 1819 1865 To amend paragraph 2, section 1, article 11 of Constitution . . 69 To carry into effect article9, section 1, paragraph 1 of Constitu- tion.. . . . . . . . . . . . . . . . . . . . . . . . 70 To carry into effect paragraph 2, section 7, article 6 of Constitu- tion . . . . . . . . . . . . . . . . . . . . 70 To amend Colll'titution of this State . . . . . . . . . . 79 To carry into effect article 6, section 4, paragraph 6 of Constitu- tion . . . . . . . . . . . . . . . . . . . . . 90 1657 1744 To carry into eftect paragraph 2, section 7, article 6 of Consti- tution . . . . . . . . . . . . . . . . . . . . . 91 To carry into effect paragraph 6, section 4, article 4 of Consti- tution . . . . . . . . . . . . . . . . . . . . 91 To carry into effect paragraph 6, section 2, article 1 of Consti- tution . . . . . 93 1813 To carry into effect article 6, section 18, paragraphs 2 and 3 of Constitution . . . . . . . . . . . . . . 93 CONSTITUTION-To AMEND AND ENFORcE. To carry into effect paragraph 3, section I, article 11 of Consti- INDEX. 2093 tution . . . . . . . . . . . . . . . . . . . . . 97 To carry into effect paragraph 2, section 1, article 2 of Consti- tution . . . . . . . . . . . . . . . . . . . 117 To carry into effect section 9, article 7 of Constitution . . . . 117 To carry into effect Rection 5, article 2 of Constitution . . . 117 1813 To carry into effect article ll,)ection 1, paragraph 3 of Constitution (county lines) . . . . . . . . . . . . 97 127 398 1834 To carry into effect paragraph 20, article 1, section 1 of Constitution . . . . . . . . . . . . . . . . . . . . . . . 136 To provide for Homesteads under article 9 of Constitution . . 136 To carry into effect paragraph 1, section Hi, article 7 of Consti- tution . . . . . . . . . . . . . . . . . . . . . . . . 140 To carry into effect paragraph 2, section 6, article 7 of Consti- tution . . . . . . . . . . . . . . . . . . . . 140 428 To carry into effect paragraph 1, section 9, article 7 of Consti- tution . . . . . . . . . . . . . . . . . . . . . . . 140 To carry into effect paragraph 1, section 2, article 7 of Consti- tution . . . . . . . . . . . . . . . . 1-!1 381 409 524 526 To carry into effect paragraph 1, section 2, article 11 of Consti- tution . . . . . . . . . . . . . . . . . . . . 197 381 409 To eBtablish a military system under article 10, section 1. para- graph 2 of Constitution . . . . . . . . . . . . . . . . . 225 To carry into effect paragraph 2, section 2, article 7 of Consti- tution . . . . . . . . . . . . . . . . . . . . 228 382 409 To enforce paragraph 2, article 7 of Constitntion . . . . . . 232 To enforce paragraph 5, section 2, article 1 of Constitution . . 311 To enforce paragraph 2, section u;, article 6 of Constitution, as to juries for City Courts, 357 379 411 438 519 993 145!) 1759 1796 2046 To enfor.>e article 7, section 1, paragraph 1, of Con?titution, as to artificial limbs for maimed soldiers . 68 591 1359 1411 1415 1548 To enforce paragraps 1 and 2, section 7, article 6 of Constitu- tion . . . . . . . . . . . . . . . . . . . . . . . . 608 To enforce article 7, section 13, paragraph 1 of Constitution, 611 1814 To authorize the Ordinary of .Fulton county to contract for the abstract of title book of said county . . . . . . . . . . . 613 To require elections by counties, municipal corporations, etc., before incurring new debts, as required by the Constitution 647 To enforce paragraph 4, section 1, article 11 of Constitution, 647 831 1580 1796 To enforce paragraph 1, section 5, article 2 of Constitution.648 1814 To enforce paragraph 18, section 7, article 3 of Constitution. 648 1187 To enforce paragraph 2, section 18, article (j of Constitution . 67 6 2094 INDEX. To enforce paragraph 4, section I, article 11 of Constitution, as to change of county sites . . . . . . . . . 723 I324 I547 To enforce paragraph I, section 7, article 7 of Constitution. 723 I838 To amend and enforce article 6, section 7, paragraph 2 of Con- stitution . . . . . . . . . . . . . . . . . . . . . . 723 To enforce paragraph I, section 2, article 4 of Constitution . 734 I658 To amend the Constitution by striking out paragraph I5, sec- tion 7, article 3 . . . . . . . . . . . . . . . . . . . 742 To enforce article 5, section I, paragraph I8 of Constitution 743 II87 I243 I301 To enforce paragraph 5, section I2, article 3 of Constitution 762 I477 To enforce paragraph 9, section 6, article I of Constitution . . I253 To enforce section u, article 1 of Constitution . . . . . . . . I253 To enforce paragraph I8, section 7, article 3, of Constitution . I255 To amend an act to enforce paragraph 2, section 18, article 6 of Constitution . . . . . . . . . . . . . . . . . . . . I255 To enforce section 4, article 8 of Constitution . . . . 1554 1692 I971 CONVICTS-CouNTY. To allow county convicts worked on roads of DeKalb county . 227 To authorize county chain-gangs . . . . . . . . 312 1039 1150 To authorize Ordinaries t> hire county convicts . . . . . 1473 CONVICTS-STATE. To provide for better management and control of . . . . . 67 519 To amend an act of 1876, leasing convicts . 98 214 275 381 421 519 691 695 1725 1146 1773 1803 To provide home transportation for home convicts . 284 COOK, S. K. HON.. . . . . . . . . 8 CORPORATIO~S-::\IISCELLA~EOl:'S. To declare foreign corporations suable in this State . . . . . 320 To incorporate Johnson's Church, Warren county. . . . . . 582 To incorporate Columbus Scheutzen Park . . . . . . 674 746 1838 COSTS- To repeal an act as to insolvent costs in Augusta Circuit . 596 748 985 1010 1584 To provide for payment of insolvent costs in Oconee county . . 602 To pr'ovide for payment of insolvent costs in Clarke county . . 641 To provide for payment of insolvent costs to Justices and Bailiffs in Richmond county . . . . . . . . . . . . . . . . . . 760 To provide for paying insolvent costs in Clarke and Oconee counties . . . . . . . . . . . . . . . . . 851 INDEX. 2095 To provide for paying costs of Clerk of Superior Court and Sheriff of Brooks county . . . . . . . . . . . . . . 929 1613 To provide for paying insolvent costs in cases of felony . 995 1403 1613 COUNTY LINES- To change the line between Dougherty and Baker counties . 632 728 1821 To add lot 338, 9th district, to Clay county . . . . . 639 714 1821 COUNTY OFFICERS- To prevent consolidation of offices of Tax-Receiver and Sheriff. 70 To increase fees of :Magistrates and Constable.~ . . . . . 89 To require certain officers to postpone public sales, etc . 90 To prohibit extra pay to county officers. . . . . . . . 90 To fix pay of Bailiffs in this State . . . . . . . . . . 90 To prohibit same person from holding two county offices 91 To regulate the advertising fees of Sheriffs, Coroners, etc . . 92 366 824 855 To prevent Coroners from taking certain fees . . . . . . 97 To fix fees of Ordinary for commissions of lunacy . . . 122 380 404 To legalize certain acts of Xotnries Public . . . . . . . . . 125 To authorize process from Justices Courts to be served by Sher- iff, etc . . . . . . . . . . . . . . . . . . . . . . 125 To authorize Constables to execute Superior Courtfi.fas. . . . 47 To create a Board of Commi~sioners of Roads and Revenue for Emanuel county . . . . . . . . . . . . . . . . . . . . 123 To create a Board of Commissioners for the several counties of this State . . . . . . . . . . . . . . . . . . . . . 135 To create Road Commissioners of l\Iarion county . . . . . 137 To create Road and Revenue Commissioners for Taylor county 141 To provide for the compensation of the Ordinary of \'Vashiugton county . . . . . . . . . . . . . . . . . . . 141 581 749 1681 To provide for the compensation of the Ordinary of Washing- ton county for extra services . . . . . . . . . . 1195 To repeal an act consolidating certain offices in Calhoun county 142 1260 1460 To repeal an act creating Commissioners for Douglas county . 142 To repeal an act creating Commi~sioners for Jones county . . 226 To amend the acta in relation to Commi8sioners for Baker coun- 'ty . . . . . . . . . . . . . . . . . . . . . . . . . ~ 227 To authorize the Ordinary of DeKalb county to levy a road tax 227 To fix fees of Sherifts and Jailers for dieting prisoner~ . . . . 267 To pre~cribe the duties of Sher~fis and other officers in cases where bail is required . . . . . . . . . . . . . . 313 825 860 2096 INDEX. To fix fees of Sheriff~ and Clerks Superior Court in foreclosures of mortgages on personalty . . . . . . . . . . . . . . . 330 To create a Board of Commissioners of Roads and Revenue for Telfair county . . . . . . . . . ' . . . . . . . . . . 585 To point out the duties of Clerk~ Superior Court as to settling mortgages . . . . . . . . . . . . . . . . . . . . . . . 590 To amend an act in relation to salary of Treasurer of Richmond county . . . . . . . . . . . . . . . . 596 748 985 1009 To create a Board of Commissioners for Putnam county . . 597 1221 1230 To repeal an act con.~olidating the offices Clerk Superior Court and Treasurer of Paulding county . . . . . . . 602 986 1034 To amend the acts relating to Board of Commissioners of l-Ionroe county . . . . . . . . . . . . . . 604 745 986 1018 To provide for compensntion of Commissioners of Roads and Revenue of Mitchell county . . . . . . . 604 1359 1419 To authorize the Ordinary and County Board of Milton county to borrow money. . . . . . . . . . . . . 605 745 1029 1230 To require Commissioners of Roads and Revenue in this State to give bond . . . . . . . . . . . . . . . . . 608 1445 1879 To make it penal for Tax-Collectors to receive any county order for taxes, etc. . . . . . . . . . . . . . . . . . . . 609 To repeal an act creating a Commissioners of Roads for Jones county . . . . . . . . . . . . . . . . . . . 615 To create a Board of Commissioners of Roads and Revenue for Johnson county . . . . . . . . . . . . . . . . . . . 616 To authorize the County Commissioners of- Houston county to purchase property, etc. . . . . . . . . . . . 617 987 1020 To authorize the County Commissioners of Houston county to let out building etc. of public bridges . . ~ . . . . . 617 732 To create a Board of Commissioners of Henry county . . . . 618 To amend an act creating Commissioners for Gwinnett county 619 731 987 1025 1210 To create a Board of Commissioners of Roads and Revenue for Telfair county . . . . . . . . . . . . . . . 619 1260 1266 To provide one Commissioner of Roads and Revenues for For- syth county . . . . . . . . . . . . . . . 71 630 1222 1238 To provide a Board of Commissioners of Roads and Revenue for Emanuel county . . . . . . . . . . . . . . . . . . 632 To provide a Board of Commissioners for Dooly county . ~ 635 To repeal an act making the Sheriff of Cobb county exoffir:io Tax-Collector . . . . . . . . . . . . 688 727 1223 1271 To create a Board of Commissioners of Roads and H.evenue for Cobb county . . . . . . . . . . . . . . . . . . . . . . 638 INDEX. 2097 To repeal an act reducing the cnmmissions of the Treasurer of Clay county . . . . . . . . . . . . . . 639 To repeal an act reducing commissions of Tax-Receiver and Collector of Clay county . . . . . . . . . 639 To confer on the Ordinary of Clarke county jurisdiction of County Court over roads, bridges and revenues . . . . . . 640 To repeal an act creating Commissioners for Chattahoochee county. . . . . . . . . . . . . . . . . . . . . 642 To amend an act creating Commissioners for Columbia county, etc.. . . . . . . . . . . . . . . . . . . . . . . . 650 To repeal an act consolidating county offices of Calhoun county 653 To authorize the Commissioners of Bibb county to purchase property at tax sales . . . . . . . . . . 654 1261 1547 To authorize County Commissioners of Houston county to purchase property at tax sales . . . . . . . . . . 658 732 To amend an act establishing a Board of Commissioners for Bibb county 658 1837 0 o o o o o o o To authorize the Commissioners of Bibb county to buy Wiley Turnpike . . . . . . . . . . . . . . . . . 658 910 930 To repeal an act amendatory of an act in relation to Commissioners of Baker county, etc . . . . . . . . . 662 To repeal an act to provide Commissioners for Douglas county. 666 To fix the compen.qation of Treasurer of Fulton county. . . 669 729 To repeal an act abolishing the office of Treasurer for Pulaski county . . . . . . . . . . . . . . . . . . . . 669 1262 1461 To create a Board of Commissioners for Wasbington county . 673 To repeal an act requiring Commissioners of Bibb county to pay election expenses . . . . . o 675 1261 1547 To fix the fees of Clerk of Bibb County Court and Bailiffof said court in criminal c~qes . . o 675 To fix the mode of abolishing Commis.qioners of Roads and Revenue . . . . . . o o 676 1837 To prescribe the fees of Sheriffs in certain cases, etc. . . . . 723 To repeal an act creating Commissioners for Floyd county . . 738 To provide for establishing or discontinuing Commissioners of Roads and Revenue by Grand Juries. . . . . . . . . . . 742 To define the duties of Sheriffs and Constables in claim cases and affidavits of illegallity . . . . . . . . . . . . . 742 'fo authorize Coroners to appoint deputies . . . . . . 743 1322 1478 To create a Board of Commissioners for 1\iarion county . . 753 To authorize the Commissioners of 1\Iontgomery county to hire county convicts . . . . . . . . . . . . . . . . . . . 754 To allow the Commissioners of Newton county to levy an extra- ordinary tax . . . . . . . . 755 1310 1338 ~3 - 2098 INDEX. To amend an act conRolido.ting certain offices in Oconee county 756 To amend an act creating a Board of Commissioners for Sumter county . . . . . . . . . . . . . . . . . . . . . . . 756 1310 To amend an act creating Commissioners for Lee county, .758 1981 To repeal an act to pro.-ide Commissioners for Heard county . 759 To abolish the Board of Commissioners for Bulloch county 776 To authorize County Commissioners to appoint their clerks. 811 1324 1509 To repeal an act to :fix: the pay of officer~ of Rabun county . 836 To empower the Commissioners of Coweta county to purchruoe Moore's bridge on the Chattahoochee Ri.-er . . . . 837 1325 1512 To repeal the act creating Commissioners for Paulding county. 839 1359 1512 To create a Board of Commissioners for Paulding county . . . 839 To repeal acts establishing Commissioners for Jone~, Chatta- hoochee, Douglas, Floyd, Bulloch and Heard. 853 1359 1480 1631 To create a Board of Commissioners for Crawford county . 896 1401 1584 To repeal an act creating Commissioners for Upson county 927 To repeal an act fixing pay of Treasurer,, Jurors and Bailiff.~ in Upson county . . . . . . . . . . . . . . . . . 927 To amend an act prescribing mode of appointing Commission- ers for Mcintosh county . . . . . . . . . . . . . . 928 To require the county officers having the revenue in charge to make itemized statement.q'llnder oath . . . . . 932 1402 1875 To prescribe fees of Clerk Superior Court in creating Commer- cial Notaries Public . . . . . . . . . . . . . . 932 1402 1587 To provide punishment for Road Commissioners neglecting duty . . . . . . . . . . . . . . . . . . . . 997 To abolish the Board of Commissioners of Glasscock county 1003 To provide for creation of Boards of Commissioners of Roads and Revenue for Cobb, Dooly, Henry, Paulding, Telfair and Washington counties . . . . . . . . . . . . . 1160 1344 1510 fo provide for creation of Boards of Commissioners of Roads and Revenue in the counties of Emanuel, Marion and Johnson . . . . . . . . . . . . . . . . 1160 1343 1355 1556 To abolish the Board of Commissioners of Glasscock county. . 1386 To authorize the Clerk Superior Court of Chatham county, and of City Court of Savannah to require costs deposited . . 518 1387 1600 1692 1904 To repeal an act creating Board of Commissioners for Ware county . . . . . . . . . . . . . . . . 1387 1520 1664 To create a Board of Commissioners of Turnpike Roads . . 1449 1710 To authorize the Ordinary of Milton county to borrow money to build a court-house . . . . 1520 1685 INDEX. 2099 To increase the salary of Treasurer of Baldwin county . 1695 To create a Board of Commissioners for Washington county . 1716 1779 1912 To create a Board of Commissioners for Rockdale county . . . 1722 To create a Board of Co=issioners for Taylor county 1836 1891 1960 COUNTY SITES- To change the site of Worth county . . . . . . 677 1837 To change the site of Wilcox county . . . . . . . . 775 1311 1338 COURTS-CITY AND Com."'TY. To create a Criminal Court for Cobb county . . . 126 638 1916 To abolish all County Courts established by special acts . 140 To organize a County Court, define its jurisdiction, etc. . . 233 1382 1390 1392 1818 1969 To abolish the Criminal Court of Washington county . . 581 To abolish the County Court of Rockdale county . . . . 590 To provide for election of Judge for Putnam County Court 597 747 1444 1576 To abolish the County Court of l\fcDuffie county . . 614 To amend the act establishing a City Court for Atlanta . . 629 730 1236 1445 To abolish the County Court of Floyd county . . . . . . . 631 To abolish the County Court of Dooly county . . . . . . . 635 To repeal the general County Court act as to Clarke county . . 640 To e;:tablish a City Court in Clarke county . . . 640 713 1130 1271 To abolish the County Court of Campbell county. . . . . . 653 To abolish the County Court of Bartow county . . . . . . 661 To provide a County Solicitor for Pulaski county .670 925 1262 1461 1581 To restrict salaries of City Court Judges . . . . . . . , , 676 To provide for elections of Judges and Solicitors of City Courts 676 1837 To abolish the Criminal Court of Gainesville . , 738 1310 1472 To create a Criminal Court for Montgomery county 754 To establish a County Court for Dougherty county . . . 757 To repeal the acts creating a C0unty Court for Bartow and Washington counties . . . . . . . . . . . . . . 810 1323 1508 To repeal the acts creating County Courts fer lJooly, Campell, Floyd, Rockdale, McDuffie and Clarke . . 810 1324 1472 1646 To amend an amend:~ tory act in relation to the City Court of Atlanta . . . . . . . . . . . . . 812 1222 To organize Criminal Courts for Montgomery, Rockdale and Whitfield . . . . . , . . 851 2100 INDEX. To disqualify Judges of City Courts in certain cases . 933 1403 1450 1613 To amend the County Court act for Coweta county . 1003 1166 1692 1959 To repeal an act establishing a County Court for Dougherty and Lee counties . . . . . . . . . . . . . . . . . . . . 1161 1971 To abolish the County Court of Dodge county . . .1196 1891 1901 To organize a County Court for Clinch county . . . . . . . 1757 COURTS-JUSTICES. To give Justices' Courts jurisdiction of bonds of Bailiffs, etc 69 To suspend issue of executions in certain cases . . . . . . . 70 To provide for appeal trials in J ustises' Courts . . .70 379 395 1838 To require Justice Court.'! to be held in Militia Districts of the Justices and Judicial Notaries . . . . . . .. . . . . . . 92 397 To provide for insolvent costs in Justice Courts .. 284 918 933 1839 To increase the jurisdiction of Justice Court.'! in railroad case~ . 92 To authorize ce1tiorari in certain cases in Justice Courts . 93 380 402 To authorize and regulate trials by jury in Justice Courts . . 93 To enlarge the jurisdiction of Magistrates. . . . . . . . 240 To fix pay of Justices, Bailiffs and jurors in appeal cases. 517 826 884 To provide for examination of Justices of the Peace . . . . . . 575 To extend Justiceo' jurisdiction in Rockdale county . . . 590 To amend an act to alter and define fees of Justices of the Peace and Notaries Public and Bailiffs . . . . . . . . . . . 647 1821 'Io provide compensation for Magistrates and Constables in criminal cases, etc . . . . . . . . . . . . . . . 650 1822 1872 To prescribe fees of jurors, Magistrates and Bailiffs in jury cases in Justices Courts. . . . . . . . . . . . . . . . . . . 674 To allow fees in certain cases to officers of Justice Courts . 723 To provide payment for the fees in appeal cases in Justice Courts. . . . . . . . . . . . . . . . . . . . . . 724 To amend an act extending jurisdiction of Justices of the Peace in Chattooga and other counties . . . . . . . . . . . . . 737 To repeal an act conferring certain jurisdiction on Justices in Sumter county. . . . . . . . . . . . 813 COURTS-POLICE. To allow judgments in the alternative by. . . . . 266 381 421 COURT3-SUPERIOR. To change the time of in Cherokee Circuit . . 48 518 To-compel the Judges to go through dockets tiVice each year . 69 INDEX. 2101 To provide for a Judge pro hoc vice 71 1600 To create Judicial Divi~ion~, and equalize the labor of Judges. 85 To change the time of in Echols county . . . . . 137 263 380 405 To change the time of in Brunswick Circuit . . . 224 To change the time of in \Vebster county. . . . . . . . . . 224 To change the time of in counties of Flint Circuit . . . . . . 225 To expedite trials in Superior Courts . . . . . . . . . . 232 305 To change times of in "'alton, Jackson, Gwinnett and Clarke. 232 481 To change the times of in Haralson and Floyd . . . . . . . 232 To prescribe the the duty of the Judge as to division of costs. 310 1658 1678 To provide for Judges pro hoc viee in certain cases . . . . . 319 To require certain entries on Bench Dockets . . . . . . . . 516 To change the time of holding Superior Courts of ~Iitchell county . . . . . . . . . . . . . . . . . . 607 986 1018 To change the time of holding Houston Superior Court . . 608 1039 1231 To change the time of holding Superior Courts of Lumpkin and Dawson counties . . . . . . . . . . . . . . . . 608 987 1020 To define the duties of Judges of Superior Courts . . . . . 647 1821 To authorize Judges of Superior and City Courts to fix the fees of Clerks and Sheriffs where same are not fixed by law . 648 1224 1280 To change the time of holding Superior Courts of Bulloch county . . . . . . . . . . . . . . . . . . . . . . . 674 1261 To inerea.~e the terms and fix the same of Bibb county Superior Court . . . . . . . . . . . . . . . . . . . . . . 675 1262 To fix the terms of Superior Court for Clinch county . 782 1323 1339 To change terms of Superior Court for Fayette county . 811 1323 1509 To change the terms of Superior Court for Henry county . 1161 1446 1640 To change the Spring term of Superior Court for JI.Iilton county 1196 1692 1708 Requiring Judges to give in charge to Grand Juries of counties in which there are convict camps laws relating to the same . 1197 1801 To require Judge Superior Court of Macon county to transfer certain cases to County Court . . . . . . . . . 677 1262 1461 To regulate the times of holding Superior Court in Rome cir- cuit . . . . . . . . . . . . . . . . . . . . 1576 1961 1975 To change the time of holding Superior Court of Washington county. . . . . . . . . . . . . . . . . . . 1748 1779 1912 To authorize the transfer of certain cases from the Superior to the Criminal Court-of Taylor county . . . . . . . 1860 1915 2102 iNDEX. COURT-SUPREME. To change beginning of terms of Supreme Court . . . . 311 363 396 To fix times of opening and closing sessions of Supreme Court . 587 To prevent dismissal of cases for certain reasons in Supreme Court . . . . . . . . . . . . . . . . . . . . 676 1262 1459 To require Judges to appoint memorial committees. . . . . 99 To declare disqualification of Judges by reason of interest in certain cases . . . . . . . . . . . . . cox, JESSE HO~. OF liA:RRIS. cox, A. H. HO~. OF TROUP. . . . . 231 519 8 9 CRAWFORD, REESE HON. 8 CUNNINGHAM, H. L. RON. 8 D. DANIEL, W. H. HON. . . . 7 DAVIS, P. D. HO~. OF BAKER. . . 5 D.AVIS, B. ~I. H0N. OF HousTON.. DAVISO~, - -llON. . DELOACH, R. W. HON.. 5 DEPOSITORIES- To establish State Depositories . . 518 918 954 2016 2019 2027 DICKEN, W. T. HON. ' 7 DOZIER, L. P. HON. . . . . . . . . . . . . . . . . . . 8 DRAINAGE- To establish and maintain a system of in each county 516 825 882 DuBOSE, A. M. HOX. . . . . . . . . . . . . . . . . . . 7 DUPREE, JAJ.\oiES M. HON. . . . . . . . . . 7 DUV.ALL, L. D. HO~. 8 DUGGAR, B. C. RON. 6 E. EDUCATIONAL- To raise a tax for school purposes by tax on liquors . 66 To organize 1.\-Iiddle Georgia 1.\-filitary and Agricultural College 66 323 395 522 691 868 874 1625 1881 To amend section 24 of the State School act of August 23, 1873 72 To amend section 24 of the State School act of August 1872 . 98 322 358 847 1265 To change the charter of the State University (4 additional Trustees) . . . . . . ; , . . 227 382 410 INDEX. 2103 To appropriate one-half the rental of Western and Atlantic Railroad for 1878, to Franklin College . . . . . . 227. To amend the 24th section of the public ~choollaw . . . . . 320 To authorize Board of Education of Whitfield county to pay a certain balance to County School Commissioner . 580 750 919 963 970 978 To amend the school act of West Point, Georgia . 583 749 825 831 To authorize Trustees of Rabun Gap High Schools to confer diplomas . . . . . . . . . . . . . . . . . . . . 600 761 To abolish County School Commissioners and substitute Coun- ty Treasurers . . . . . . . . . . . . . . . . . 611 To authorize the State Treasurer to pay Glynn county Board of Education a certain FUm . . . . . . . . . . . . 613 To render more effective and economical the office of State School Commis~ioner . . . . . . . . . . . . . . . . . 741 1839 To amend the public school law of th.is State . . . . . . 743 To amend the school law as to examination and licensing teachers . . . . : . . . . -143 1311 1477 1647 To amend the school system of Lowndes county r' . . 669 1263 1401 1465 1584 To relieve the Board of Education of Americus . . . . . . 813 To amend charter of State University ~o as to adopt Lucy Cobb Institute. . . . . . . . . . . . ~ . . . . . . : . . . 837 To authorize Shffe School Commissioner to issu~: executions against County School Commissioners:in ce~an case!. . . 905 To amend an act regulating reports of County School Commis- sioners . . . . . . . . . . . . . . . . . $1@8<\1401 1584 To establish a public school system for cities of State-. . . . . 926 To repeal the laws relating to selection of County Boards of Ed- ucation, etc . : : . . . . . . . . . . . . . . . . . . 997 To establish a thorough system of common scbools. and repeal all existing Iilws in conflict therewith . . .. 1056 To incorporate Gainesville College . . . . . . . . : . . 1140 1547 To establish a school system for the city of Cartersville . 1256 ' 1460 1652 To enlarge the benefits of the Univeniity by establishing the State Normal School . . _ . 1354 1447 1828 1843 1844 To amend the act as to l\It. Vernon Institute, etc . . 1798 1891 1912 2074 To provide a local Board of Trustees for Middle Georgia Mili- tary and Agricultural College . . . . . . . . . 1916 1929 1965 To provide for the incorporation of colleges, libraries, and other charitable or social institutions . ' . 896 1445 1584 1928 ELDER, W. G. HON. . . . . . 8 2104 INDEX. ELECTIONS- Of Speaker of House . . . 9 Of Clerk of House . . . . 10 ill~~~~cl~~ 0 Of W. C. Sheffield, Representative from Early (contested) 12 Of Messenger of House . . . . . . . . . . . . . 10 Of Door-keeper . . . . . . . . . . . . . . 10 Of E. P. MillE-r, Representative elect from Liberty county (contested) . . . . . . . . . . . . . . . . . . . . . . 13 ill Thomas Butler, Representative elect from Camden county (contested) . . . . . . . . . . . . . . . . . . . . . . 13 To provide for registrations of voters in general elections . . 71 1813 To compel persons voting for President, etc., etc., to vote at their own precincts . . . . . . . . . . . . . . . . . . . . 71 To require an election precinct in each Militia District . . . . 89 To fix time for electing Judges and Solicitors .117 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 198 199 200 201 202203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 To amend an act in relation to registration of voters in Camden county . . . . . . . . . . . . . . . . . . . . . 137 ill United States Senator-Hon. John B. Gordon . . . 143--4-5 156 Of Han. J. L. Hamilton of DeKalb io fill vacancy .:auHed by the death of Hon. R. A. Alston . . . . . . . . . . . . . 514 Of Hon. John Burch, of Towns, to fill vacancy caused by death Hon. S. Y. Jamison . . . . . . . . . . . . . 514 Elections of Judges for the Eastern and Brunswick Circuits. 531-36 To repeal the rrgistration acts of Thomas, Lownde~, Decatur, Mitchell and Camden -counties . . . . . 605 745 1029 1034 1130 To repeal the registration acts of Mc!nto~h county . . . . 705 1263 To better enforce the election laws of the State . . . . . . 723 1838 To amend the registration act of Camden county . 838 1929 1961 Of Managers in impeachment of W. L. Goldsmith . 975 To amend the registration act of Camden county . . . . . 1250 Of Managers in the Renfroe case . . . . . . . . 1550 Bryan county contested election . . . . 1741 17-W 1911 EXECUTIVE- Authorizing the Gvvernor to commute penalties in misdemeanors . . . . . . . . . . . . . . . . . . . 232 of To provide a Keeper Executive Archieves . 313 520 527 569 2033 To authorize the Governor to sell property of the State . . 998 1447 INDEX. 210Q To authorize the Governor to furnish certain law books to certain counties . . . . . . 1015 1445 1636 1643 1678 2018 To authorize the Gov.~r,por to appoint assessors to value land for State capitol . . . . . . . . . . . 1241 To authorize the Governor to convey certain property to the city of Atlanta . . . . . . 1255 1641 To authorize the Governor to purchase certain books . . 1779 1891 1913 2033 To authorize the Governor to convey a strip of land in Chatta- nooga, etc . . . o87 1221 1230 2011 EXEMPTION~ To exempt practicing physicians from road duty , , . . 90 To exempt certain railroad hands and guards of convicts. 224 To exempt druggists, pharmaceutists and dentists from jury duty 516 825 882 To exempt firemen from jury duty . . . . 594 To exempt active members of Watchful Fire Company ofCuth- but from jury duty . . . . . . . . . . . . . . 596 1889 To exempt 60 members of the ColumbuP Guards from jury duty 602 To exempt 60 members of the Muscogee Rifles from jury duty. 603 To exempt the active members of City Light Guards of Colum- bus from jury duty . . . . . . . . . . . . . . . . . . . 603 To exempt the active members of Muscogee County Fire De- ment from jury duty . . . . . . . . . . 603 To exempt a certain number of active firemen from jury duty . 648 To exempt ministers, physicians, apothecaries and firemen from jury duty . . . . . . . . . . . 674 1139 1261 1270 To exempt all persons over 65 years old from jury duty . . 711 To exempt 100 sheep and their wool from le"\"y and sale . . 761 To exempt locomotive engineers from jury duty . 779 1445 1484 To exempt practicing physicians from special tax . . . . . . 832 To exempt certain numbers of active firemen from jury duty . 852 To exempt certain members of the Constitutional Guards of Liberty county from road duty . . . . 908 1681 1968 To exempt employees in the Roadway Department of railroads from jury duty . . . . . . . . . . . 1053 To exempt certain firemen in the city of Augusta from jury duty . . . . . . . . . . . . . . . . . . . . . . . 1449 F. FARNELL, J. 0. RON. 134 . 2106 INDEX. FENCES- Relating to payments of into County Treasurers . . . 46 To amend act of 26th August, 1872, in relation to fences . 67 FISCAL YEAR- To fix the fiscal year . 267 FITZGERALD, W. M. HON. 8 FLETCHER, JAMES B. HO~. 7 FORD, G. G. HON. . . . ... 9 FORT, ALLEN RON. . . FULLER, SAMUEL D. HON.. 9 G. GAME-PROTECTION OF. To repeal an act as to game in Whitfield county . . . . . 118 To protect fish on lands of S. C. Nicholson, in Dodge county. . 584 To protect fish in Little Ocmulgce River . . . 585 749 919 963 1211 To prevent hunting on lands of another in Montgomery county 604 To protect game and fish in this State . . . . . . . . . . 612 1450 To prohibit hunting on another's land in Jones county . . . . . 616 To prevent destructirm of game in Jones county . . . 616 1221 1231 To encourage fish culture in Dixon's ponds in Hancock and Washington counties . . . . . . . . . . . . . . . . . 617 To extend the provisions of an act protecting fish in Chatham county. . . . . . . . . . . . . . . . . . . . . 705 To prohibit hunting on lands of another in Jones, l\fontgomery and Tatnall, etc . . . . . . . . . . . . . . 891 1360 1582 1609 To encourage the culture of fish in ponds of David Dickson and S. C. Nicholson, etc. . . . . . . . . . . . 891 1187 1582 To protect game in Thomas county . . . . . . . . . . 931 1402 To amend an act to keep rivers open for free pa.ssage of fish 268 380 411 984 1817 1865 To protect game in Bibb county . . 1160 1446 1640 1836 To protect game and birds in Houston county . . 1387 1929 1959 To encourage propagation of fish, etc . . . . . . . 1652 To prevent seining in Piscola creek, Brooks county. . 1836 GAMMAGE, DAVIS HON. . . . . . . 7 GARNISHMENT- To amend the garnishment law as to wages of Mecl1anics and laborers . . . . . . 606 INDEX. 2107 GARRARD,L.F.HON. 8 GIBSON, WM. RON. Qualification of Representatives. 5 GEOLOGY- To abolish the office of State Geologist . . . 99 305 306 527 To amend the act creating the office of State Geologist.326 344 424 527 846 1150 1154 1397 1409 1411 1421 To provide for completion of Geological Survey of the State 1601 1725 1772 GOETCHIUS, H. R. elected Clerk 10 GRANT, JAMES H. BON. . 7 GRAY, A. H. HON. . . . . 5 GREENE, JAS. A. HON., OF BALDWIN 5 GREENE, J. 0. HON. OF MADISON 7 H. HALL, JOHN I. HON. . . 8 HAMMOND, W. M. HON.. 9 HANKS, J. A. R. HON. . . . . 9 HARP, LAFAYETTE RON. . . . 6 HARRELL, W.W.HON. 6 HARRIS, C. J. HON. . 5 HARRISON, W. H. HON.. . . . 8 HENDERSON, W. M. HON. . . 8 IDLL, E. G. HON. . . . . 8 HOGAN, H. HON. . . . HOLLIS, H. T. HON... 7 HOMESTEAD- To repeal section 10 of an act to amend the homestead law . 742 c. HOWELL, H. M. HON. OF LOWNDES 7 HOWELL, R. R. HON. OF PICKE..'lS. 8 HUDSON, W. J. RON. . . 6 HU~1BER, R. C. HON. . . 8 HUTCHINS, N. L. HON. . 7 I. IMMIGRATION- To encourage immigration by exemption of property 612 1324 1681 1820 2108 INDEX. To encourage unmigration toGeorgia.811 906 1509 1517 1971 2070 2073 2080 INSURANCE- To declare causes for annulling insurance To declare who are insurance agent<" . 0 0 0 132 . 832 1325 1581 INTEREST- To amend an act fixing rate of interest . 46 To prohibit usury . . . . . . . . 47 To fix the rate of interest at 7 per cent . 47 To fix the rate of interest . . . . . . . 47 To repeal the act of February 14, 18i3, aa to usury by banks 92 To fix a limitation to suits to recover usury . . . . . . . 266 To regulate and restrict the rate of interest, etc . . . . . 547 1813 To regulate and restrict the rate of interest. . . . . . . . 611 1820 To regulate and restrict the rate of interest.611 706 1677 1734 1774 1798 IRVINE, W. T. RON. 6 IVEY. T. J. HON. . . 9 J. JAMISON, S. Y. HON. . . . JANES, C. J. HON. . . . . . JOHNSON, W. J. HON., of CLAY . JOHNSON, W. L. RON., of JoHNSON. JONES, JOHN REV. D. D. CHAPLAIN . JORDAN, J. F. RON., of CRAWFORD JORDAN, B. F. RON., of WILKES . 8 6 7 44 62 6 9 JUDICIAL CIRCUITS- To reorganize the Judicial Circuits . . . . 91 132 139 148 918 To organize judicial divisions and equalize judicial labors. 584 933 1054 To transfer Stewart county to Pataula Circuit . . 1402 1586 JURORS AND JURY BOXES- To prescribe the mode of fixing compensation of jurors . 47 269 394 522 1470 1657 To revise the jury box of Harris county . . . . 610 987 1015 To regulate trials by juries . . . . . 48 To fix compensation of jurors and bailiff=i 90 395 S96 To compensate tales jurors . 91 INDEX. 2109 To re-establish right of appeal from jury to jury in Superior Courts . . . . . . . . . . . . . . . . . . . . . . 90 To provide pay for Coroner's juries . . . . . . . . . . . . 119 To provide for drawing juries in certain cases . . . . . . 232 1814 Supplemental act in regard to selecting jurors . 583 To prescribe penalties for defaulting jurors . . . . . 648 1224 1277 To change the law as to Grand Jurors for Pulaski county 670 746 1262 1460 To provide for selecting jurors in capital cases . 677 1262 1459 1470 1657 To prescribe the pay of jurors for Schley county . . . . . . 760 To repeal an aetas to pay of jurors for :1\Iaconcounty. 775 1322 1484 To amend an act fixing pay of jurors for Burke county . 908 JURORS, ETC.- To fix the compensation of jurors, etc., in cases of lunacy . 310 823 To preserve the right of trial by jury in certain cases . 647 K. KENDRICK, W. C. HON 9 KIMSEY, J. J. HON. 9 KING, A. J. HON. 6 KIRBY, J. H. HON . 5 L. LAMB, T. W. HON. . . . 7 LANG, FELDER HON.. 5 LAND- To extend the time for redeeming wild land sold for taxes . 312 423 527 528 To amend an act as to return~ of wild lands, etc. . 421 529 1313 To abolish the wild land office . . . . . . . . . . . . . 997 To repeal all law~ closing the land oflice of Camden county . 1575 To declare certain transfers of wild land fl. jas. void . 1627 LANDLORDS-- To protect landlords in securing rents . . . . . . . . . . . 285 To require landlords to survey their lands every ten years . 329 1444 To give landlords liens on certain property of their tenants . . 1386 LIQUORS-SALES OF REGULATED OR PROHffiiTED. To prohibit sales of on election days, etc. . . 46 250 251 258 394 2110 INDEX. To impose a tax on sales of liquors for school benefits . 66 897 To regulate sale of intoxicating liquors etc. . . . 122 1814 To provide for licensing liquor dealers, etc.. . . 122 To regulate sale of liquor jn Camden county . . 137 To regulate licenses for sale of liquor in this State . 267 To regulate sale of liquors in Wayne county. . . 581 To amend an act regulating sale of liquor in Warrenton . 582 750 To regulate the sale of liquor in and near Crawfordville. . . 586 To repeal an act prohibiting sale of liquor near Duluth . . . 601 To repeal an act regulating sale of liquor outside Columbus, in Muscogee county . . . . . . . . . . 603 746 986 1567 To prevent the sale of liquor in the State from J nnuary 1, 1880 . . . . . . . . . . . . . . . . . . . . . . . . . 676 To prohibit the sale of liquor in :McDuffie county . . 614 987 1019 To prohibit the sale of liquor in Xaylor, Lowndes county. . . 615 To regulate the sale of liquor in Liberty county . . . . . . 615 To amend the liquor law of Schley, Talbot and Greene so as to exempt W. B. Guill from the same . . . . . . . . . 619 730 To prohibit sale of liquor in West Er.d, Fulton county . . . 620 To regulate sale of liquor in Dodge county. . . . . . . . 635 1360 To fix license for sale of liquor in Coffee county . . . . . . 636 To repeal an act regulating sale of liquor, 1104th district, G. M., of Chattahoochee county. . . . . . . . . . . . 642 713 To regulate the sale of liquor in Appling county . . . . . . 664 To regulate sale of liquor in Bulloch county . . 654 1261 1460 1542 To prevent sale of liquor near Orchard Hill Academy in Spal- ding county . . . . . . . . . . . . . . . . . 672 To restrict sale of liquor in Morgan county . . . . . 672 1263 1461 To regulate the sale of liquor in Tatnall county . . . . 672 1446 To regulate sale of liquor in Tatnall county . . . . . . . . 674 To prohibit sale of liquor near Baconton, in Mitchell county. 704 To amend the law prohibiting sale of liquor near Duluth and Milner, in Pike county, as relats to Milner . . . . 737 747 1838 To repeal an act prohibiting sale of liquor in Norcross . . 737 1838 To prohibit the sale of liquor near Eeulah Church, Macon coun- ty . . . . . . . . . . . . . . . . . . . . . 738 To repeal an act prohibiting sale of liquor in 223d and 225th District, G. M. . . . . . . . . . . . . . . . . . 755 1838 'fo prohibit sale of liquor in 261st District, G. M. . . . . . . 756 To repeal an act to prohibit sale of liquor in Sharpsburg . 757 1322 1466 To prohibit sale of liquor near Covington. . . . . . . . . . 758 To repeal an act prohibiting sale of liquor in Carrollton, Bow- den, Whitesburg and Villa Rica . . . . . . 776 1314 1658 1680 To prohibit the sale of liquor in certain localities . . . . 783 1323 INDEX. 2111 To regulate the sale of intoxicating bitters, etc. . . . . . 811 To amend the law as to sale of liquor near Pleasant Spring and New Bethel Church . . . . . . . . . . . . . . . 814 To prohibit sale of liquor in Irwin county . . . . . 839 1359 1513 To regulate sale of liquor in Wayne, Liberty, Coffee and Ap- pling counties . . . . . . . . . . . . . . . 892 1344 1583 To repeal an act prohibiting sale of liquor at Suwannee . . . 907 To prohibit the making or selling of liquor in two miles of any church in Sheffield District, Rockdale county . . . . 1057 1684 To regulate the sale of liquor in Dodge, Tatnall and Taliaferro counties . . . . . . . . . . . . . . 1140 1583 1639 To regulate the sale of liquor in county of Pierce and town of Blackshear . . . . . . . . 1195 1775 1804 1892 To prohibit sale of liquor in this State, and provide a punish- ment for the same . . . . . 1196 To prohibit sale of liquor within one mile ot court-house, church, school, etc. . . . . . . . . . . . . . . 1485 To prohibit sale of liquor in certain localities . . . . . . . . 1486 To prohibit sale of liquor near JohnEon's Church, 'Varren county . . . . . . . 1556 1779 1972 1974 1975 LIVINGSTON, L. F. RON. ~ LUFF~fAN, W~r. HON.. 8 LUNATIC ASYLUlf- Bond of Trensurer increased . . . . 66 269 Trustees to use certain funds . . . . . . . . 66 372 394 523 764 Certain classes of patients may be excluded . . . . . 997 To provide another Asylum for the insane . . . . . 733 1310 1474 M. MA1-."'UFACTURING AND MINING COMPANIES- To amend the charter of Etowah and Battle Creek :Mining Company . . . . . . . . . . . . . . . . . . . 671 731 1837 To allow Cumming Manufacturing Company to borrow money, etc. . . . . . . . . . . . . . . . . 1836 l 891 1965 l\IATHEWS, J. 1\L RON.. 8 MAUND, J. C. RON. . . 8 McAFEE, JOSEPH RON. , 6 McCONNELL, J. L. HO:N. . 7 McCURDY, A. G. HON. . 7 McDONALD,J.J.HON.. 8 McGOURICK, W. HON. . 6 McLUCAS, D. A. HON. . 6 2112 INDEX. McRAE, D. A. RON. . . . 8 McWHORTER, R. L. HON. . 7 MEDICA~ To require phyRicians to record their diplomas . . 704 To organize the Medical Board of Georgio. . . . . . . . 733 To allow R. J. Youngblood to practice medicine and collect for same . . . . . . . . . . . . . . . . . . . . . 737 To pay physicians for post mortem exo.roinations. . . . 140 To amend an act regulating the practice of dentistry . 122 MESSAGES-EXECUTIVE. On contested elections. . . . . . . . . . . 12 13 Annual message . . . . . . . . . . . . . . 15-36 Calling for investigation as to indorsement of Northeastern Railroad bonds . . . . . . . . . . . . 36-37 Relating to proposition of Atlanta as to capitol. . . . 107 141 322 373 440 528 570 527 771 870 913 1046 1076 1147 1241 1275 1286 1292 1341 1366 1404 1440 1481 1511 1543 1569 1611 1696 1718 1721 1736 1746 1757 1785 1797 1810 1821 1889 1915 1968 1989 1993 2019 2023 2046 2070 MESSAGES-S~ATE. Page. 11 37 38 45 50 65 68 79 127 141 151 152 153 163 198 231 233 252 2!53 281 291 292 310 325 326 346 347 358 372 373 378 379 398 422 437 446 467 469 470 474 477 479 485 486 487 492 501 502 .'508 514 529 549 570 576 605 655 690 726 770 836 879 899 980 983 1006 1017 1036 1046 1047 1122 1125 1139 115!5 1165 i176 1181 1204 1215 1216 1232 1250 1306 1318 1321 1348 1362 1363 1373 1392 1481 1520 1539 1569 1579 1580 1608 1610 1615 1627 1637 1644 1655 1658 1675 1699 1735 1771 1787 1808 1829 1846 1897 1911 1920 1935 1936 1996 1972 1976 1992 2009 2017 2018 2020 2030 2041 2044 2064 2069 2071 2075 2079 2080 MILITARY- To establish a volunteer system in Georgia 520 MILLER, A. L. RON. OF HousTON. . . . 7 MILLER, E. P. RON. OF LIBERTY . . . 15 MILLER, B. H., Elected Door-keeper . . 10 MILNER, T. W. HON. . . . . 5 MITCHELL, JOHN D. HON. . . . . . . . INDEX. 2ll3 MYNATT, P~ L. liON.. 6 MISCELLANEOUS- On introduction of local bills . . . . . . . . . . 42 74 To abolish distinctions between principals in 1st and 2d degrees 68 256 258 To protect the co1pus of trust estates . . . . . . . . . . 125 To amend the act as to Reporters . . . . . . . . . . . 285 1817 To require vendors of pistols to pay license, etc . . . . . . 285 To provide for compensation of Auditors . . . . 609 905 1804 1865 To authorize the Comptroller-General to administer oaths . 609 1026 To declare the intent of the Legislature in paragraph 14, section 2 of an act for support of Government of December, 16, 18i8 646 To authorize limited partnerships with limited liabilities . . . 648 To allow administrators to keep together the estates of their ward.~ from year to year . . . . . . . . . . . . . . 741 1839 To declare the law as to rights under divorce disabilities . . . 741 To distribute the unexpended balance of the Ohoopee River Fund . . . . . . . . . . . . . . . . . . 759 1445 1466 To fix the compensation of Secretary of Senate and Clerk of House . . . . . . . . . . . . . 662 1255 1447 1641 1834 To fix the time for meeting of the General Assembly . 905 To provide for payment of damages by hogs . . . . . . . . 783 To provide the method of healing arms . . . . . . . . 832 To prevent depredation of hogs in :!\forgan county . 1130 1446 1637 2028 To prescribe a new mode for State Treasurer to give bond . 1748 N. NISBET, R. A. liON. . . . 5 NORTHERN, W. J. RON. 7 0. OLIVER, JJ. C. liON. . . . .. ORR, G. J. liON., State School Commissioner . 127 P. PAINE, W. W. HON... 6 PARK, JAMES B. HON. 7 PATTERSON, D. P. HON... 8 PAULL,O.H.HON. . . 5 PEACOCK, G. W. HON. 7 135 2114 INDEX. PERKINS, E. A. HON.. 5 PENAL LAWS- To prevent the unlawful firing of woods 117 To make house burning a capital offense . 126 To define and punish lobbying . . . . . . . . . 140 1814 To make it penal for an official to improperly influl'nce the Governor, etc . . . . . . . . . . . . . . . . . 197 1244 1256 Declaring abandonment of contract by servant or employer a misdemeanor. . . . . . . . . . . . . . . . . . . . . 224 To declare certain purchases of farm products illegal . 286 825 856 1929 Prohibiting use of public moneys for private benefit . . . . . 310 Prohibiting State Treasurer from using public moneys lor per- sonal benefit. . . . . . . . . 311 825 860 1221 1228 1527 1581 To prohibit cmd playing in public places . . . . . . . . . 330 To declare the violation of certain contracts criminal . 518 1359 1417 1422 To further restrain and more cheaply punish crime in Whitfield county . . . . . . . . . . . . . . . . . . . . . . . . 5RO To make the violation of a written contract a misdemeanor . . 608 To prevent driving diseased cattle to healthy districts . . . 612 1026 To reduce certain larcenies after trust to misdemeanor~ . . 646 1222 1236 1246 1248 To change the penalty for escapes from the chain-gang . . 646 1222 1238 To prohibit excessive charges for supplies in payment for labor 649 1821 To prevent and punish mustering on Sundays . . . . . . 677 1839 l\faking it penal for officers to contract with the State . 742 1310 1476 Making it penal to cast brush, etc., into ditches near public roads . . . . . . . . . . . . . . . . . . . . . 742 1311 1477 1\laking it penal to drive off and pen another's cattle . 761 1311 1478 1764 To amend an act relating to the unlawful traffic in seed cotton in Decatur and Randolph counties, so as to extend the same to Lee county . . . . . . . . . . . . . . . 907 1929 1958 1\-!aking it penal to hire minors without consent of parent or guardian . . . . . . . . . . . . 985 1033 1044 1257 1419 To regulate traffic in oats, corn and cotton in Thomas county 998 1445 To repeal an act in relation to burning gin-houses . . . . . . 1255 To prevent burning of gin-houses . . . . . . . . . 1283 1447 1648 To make enticing a servant from the employer, penal . . . . 1485 INDEX. 2115 To prohibit lotteries . 995 1403 1615 PENITENTL<\.RY- To re-establish a penitentiary - . . . . . . . . - . . 23 To abolish the office of Principal-Keeper of Penitentiary . 762 PETITIONS AND :1\iEMORIALS- Of citizen.q of Savannah against the Bell Punch Jaw - 646 Of citizens of Forsyth and Milton asking for relief of R A. ~lorton . . . . . - . - . . - . . . . . . - . . - . 646 Of the Atlanta Academy of Medicine in favor of the State Board of Health . . . . . . . . . . . 667 Of the South Georgia Teachers Association . 791 On the subject of encouraging immigration 906 Of the citizem of Macon county . . . . . . 907 Of colored citizens of Greene county . . . . 997 Of colored citizens of Clarke, Fulton and Randolph 998 Of University Alumni relative to Dr. Crawford W. Long. 1016 On the subject of education (by l\fr. Yancey) . . . . . . 1043 On the subject of agriculture (by l\fr. Yancey) . . . . . . 1250 Of Wm. H. Strickland as to representative elect from Bryan couoty. . . . . . . . . . . . . . . . . . . . . . . . . 1328 Communication of Hon. John ,V, Renfroe to the House in rela- tion to his official status . . . . . . . . . . . . 1522 1534 Resignation as tendmed the Governor by Treasurer. 1523 Memorial from City Council of St. Mary's 1752 Memorial of G. W. Garmany - . . 1825 PHILLIPR, H. E. HON. of CARROLL.. - 5 PHILLIPS, CHARLES HON. of Conn.. 12 PHILLIPS, S.D. HON. of CoFFEE . . 6 PHINIZY, J. G. I-ION. . . . . . . . . 8 PIKE. W. J. BON . . . 7 POLHILL, J. H. HON. . 7 POPE, E. C. HON. . . . 7 POPPELL, J. A. HOX.. 9 PRACTICE-- To regulate practice in claim cases . . . . . . . . . 48 1344 1388 To regulate practice in motions for new trials in Superior Courts . . . . . . . . . . . . . . . . . . . . . . 48 518 To compel attendance of railroad and other corporations when indicted . . . . . . . . . . . . . . . . . . . . 50 1726 1742 To define rights of parties under plea of recoupment . 69 269 2i6 290 2116 INDEX. To provide for probate offoreign wills . . . . . . . 69 270 478 To make all causes triable at first term . . . . . . . . 70 316 317 To make foreign corporations liable to suit in this State . . . 89 To amend the claim laws . . . . . . . 90 1244 1257 To expedite trial of criminal cases . . . . . . . . . . . 91 1837 To regulate defenses in distre.qs actions for rent . . . . . . . 91 To allow defense of distress warrants without bond and ,;ecurity 93 To suspend judgments of Justices, etc., in certi.ora1-i caes . . 117 1765 1770 To confer jurisdiction on Justices in cases of petit larceny . . . 117 To enforce laborer's liens . . . . . . . . . . . . . . . . . 140 To provide f >r carrying out sentence in certain criminal cases . 284 382 422 To pre~cribe the practice in claim cases . . . . . . . . . 310 1755 To prohibit officers of court from practicing in his court . . . 311 To prescribe the time of trial for homicides, and regulate prac tice in such case.~ . . . . . . . . . . 516 1039 1054 1966 To subject wages of laborers and mechanics to garnishment in certain cases . . . . . . . . . . . . . . . . . . . 516 To prevent forfeihtre of recognizances in criminal cases, except when the State is ready for trial. . . . . . . . . . 546 919 958 To provide for record of certain deeds, etc . . . . . . 546 919 958 To amend the act in relation to appointment of Reporters by Judges Superior Courts . . . . . . . . . . . . . . . . . 547 To prescribe the time for serving declarations, etc . . . . . . 547 To authorize J ustice.q of the Peace to foreclose certain mortga- ges on personalty . . . . . . . . . . . . 587 920 924 1221 1228 To declare the rights of parties in claim cases, and regulate trials in same . . . . . . . . . . . . . . . . . . . . . 587 To prescribe the limitation of actions against heirs who have re- ceived advances . . . . . . . . . . . . . . . . . . . . 587 To speed the trial of criminal cases, and regulate bail and for- feiture of recognizances . . . . . . . . . . . . . . . . 607 To provide for appeal~ from one jury to another-carrying into effect paragraph 6, section 4, article 5 of Constitution . . 607 1753 1770 1813 To limit anrl regulate the bringing of actions in tort against municipal corporations . . . . . . . . . . . . . . . . 609 To amend the laws of this State touching modes of procedure in Superior Courts in cities having teu thousand inhabitants . 609 988 1027 To re-a~Fert and maintain the laws as set forth in Irwin's Code against the rulings of courts . . . . . . . . . 630 729 1820 To allow certain persons to be made parties plaintiff to actions for choses in action set apart for 12 months support.647 1223 1266 INDEX. 2117 To repeal an act in relation to making minors parties to susts, etc . . . , . . . . . . 674 1261 1458 1680 1755 1761 2045 To simplify trials of civil cases, etc . . . . 675 To reinstate the law of evidence as prior to act of December 15, 1866 . . . . . . . . . . . . . . . . . . . . . . . . 722 1838 To prescribe what ~hall form the issue in claim cases, illegalitie~, etc . . . . . . . . . . . . . . . . . . . . . 742 To regulate the practice in Superior Courts as to number and length of arguments . . . . . . . . . . . . . 743 1322 1483 To regulate the practice as to requests to charge the jury . 743 1323 1484 To regulate the practice in cases enjoining Sheriff sales . . 743 1322 1484 To alter the law as to summary establishment of lo~t paper~ . 775 1322 1484 To rPgulate the practice in cel'tiora1icases . . . . . 831 1324 1875 To require costs in divorce cases to be paid before the final ver- dict . . . . . . . . . . . . . . . . . . . . . 896 To compel defendants to di~close their assets liable to levy, etc. 896 To repeal an act requiring judgment creditors in certain cases to have their judgment~ recorded, etc . . . . . . . 931 1402 1609 To authorize Court.~ of Enquiry to award costs against person- suing out the warrant. etc . . . . . . . . . . . . . . 933 To regulate the survivorship of suits in certain ca.~, etc . 996 1445 1616 To provide a mode for proving service by publication . . 1054 1445 1636 To encourage the use of printed transcripts in the Supreme Court, etc . . . . . . . . . . . . . . . . . . . . . . . 1054 To regulate motions for new trils and certification of bills of exception in certain cases . . . . . . . . . . . . . . 1253 To regulate the practice in the Supreme Court . . . . . 1387 1685 To remedy mi~descriptions under sections 4534 and 4572 of the Code . . . . . . . . . . . . . . . . . . . . . . . 646 1820 To permit femes covert to act as executrix, administratrix, etc 677 1837 To allow attorneys to become ~ureties on criminal bonds . 1481 PRESCOTT, J. P. HON. . . . 6 PUCKETT, W. B. C. HOX.. 6 PUBLIC BUILDINGS- To prescribe the manner of building jails, court-houses, etc . 125 1444 1400 1581 2118 INDEX. To provide for a building a State-House in Atlanta . 648 1779 1866 1868 R. RAILROADS AND NAVIGATION COMPANIES, ETC- To amend charter of Brun~wick and Albany Railroad . 46 To provide for regulation of freights and passenger tariffs . . . 47 919 921 To prevent extortion and unjust discrimination by railroads 50 919 1388 To establish a Board of Commissioners of railroads . 73 To compel railroads to erect platforms, etc. . . . . . 97 To compel railroads to keep agent at every station .. 97 To prevent unjust discrimination by railroads, etc. . . . 98 137 1388 To lease Macon and Brun~wick Railroad . . . . . . . . . . 118 To compel railroads to fence against stock . . . . . . . . 126 To allow purchasers of railroadd to complete same (amendatory) 226 262 290 326 To regulate the mode of fixing freights, etc.. 22(} 921 1929 1931 1938 To incorporate Oconee River Steamboat Company . . . . . . 226 To incorporate Skidaway ~arrows Canal Company. . . . . . 226 To provide for uniform asseB'lment of railroad property . . 228 1726 1840 1843 1903 To authorize the sale or lease of the Macon and Brunswick Railroad . . . . . . . . . . . . . . . . . . . . . . 231 To prevent railroads from pooling their earnings. . 231 1401 1417 To prevent employment of inexverienced engineers . 241 382 410 To prevent contracts waiving damages by employees . 285 825 860 To prevent railroad companies from buying other roads, etc.. 286 825 858 To obtain information as to railroad chargrs, etc. . . . . . . 286 To regulate railroad freights and prevent unjust discrimination 290 919 1295 1302 1313 1318 1321 1328 1334 1344 1355 1363 1366 1373 To compel railroads to fence their tracks . . . . . . . . . . 517 To amend an act amendatory of charter of Cartersville and Van Wert Railroad Company . . . . . . . . 601 747 986 1016 To authorize Cherokee Iron Company to build and operate a railroad . . . . . . . . . . . . . . 226 601 746 986 1017 1313 To incorporate Hartwell Railroad Company. . . 612 830 876 1042 To incorporate Oconee River Steamboat Company . . 612 1130 1231 To incorporate the Brunswick and St. Simons Telegraph Com- pany . . . . . . . . . . . . . . . . . . . . .. 613 988 1026 INDEX. 2119 To amend the charter of Louisville BTanch Railroad Company 613 918 968 To authorize the Go'\"ernor to pay $550 to the Philadelphia, Wilmington and Baltimore Railroad . . . . . . . . . 629 730 To incorporate the Geor;;ia Branch of the National Bell Telephone C.Jmpany . . . . . . . . . .. 630 729 1030 1036 1313 To incorporate the Carnesville Railroad Company . . . . 630 729 To incorporate the Toccoa Navigation and Timber Company 632 To incorporate the Athcn:~ Transfer Railroa days to bring up business . . . . . . . . . . . . . . . . . . 485 Limiting debate . . . . . . . . . . . . . . . . . . . 496 Allowing time to Auditing Committee to bring up unfinislied business . . . . . . . . . . . . . . . . . . . . 496 510 Relative to introduction, reading and reference of local bills 516 Fixing hours of daily meetinga and adjournments . . . . . 520 INDEX. 2127 To elect Judges for the Eastern and Brunswick Circuits 521 Tendering a seat to Hon. Francis Fontaine . . . . 522 Making the Committees of both Houses on Lunatic Asylum a Joint. Committee . . . . . . . . . . . . . . . . . . . . 530 Requiring Public Printer to furnish Journals of November session . . . . . . . . . . . . . . . . . . . . . . . . . 547 'Io authorize the insertion of part of wild land report which was accidentally omitted . . . . . . . . . . . . . . . 570 To print 500 copie. of evidence taken by Wild Land Committee 573 Requiring Committee on Agriculture to report a bill on Road Laws. . . . . . . . . . . . . . . . . . . . . . . 573 To admit a local bill prohibiting sale of liquors near Bethel Church . . . . . . . . . . . . . . . . . . . 573 575 To take vote on reference of local bills by raising hands . . . 600 Relative to abolition of State and County School Commissioners 610 Authorizing Governor to subscribe for copies of Constitution compiled by Goetchius and Chappel . . . . . . . . . . 620 2030 In reference to the revision of the Code . . . . . . . . . . 647 Authorizing introduction of bill in relation to issuance of bonds, etc., by city of Macon . . . . . . . . . . . . . . . . 655 Authorizing introduction of bill to establish a school system for Cartersville . . . . . . . . . . . . . . . . . . . . . . 659 Authorizing introduction of bill to amend the charter of Mil- lidgeville . . . . . . . . . . . . . . . . . 661 Authorizing the Governor to pay Mrs. Martha J. Davis, a bal- ance of salary of E. T. Davis . . . . . . . . . . . . 668 In relation to the Confederate dead, buried at Winchester, Ya.. 668 Excluding new business after certain date . . . . . . . . 297 Authorizing Peterson Th,veatt to sue the State . 294 910 923 1619 1630 Authorizing local bills to be withdrawn by the movers . . 305 Fixing the hours for meeting and adjournment . . . . . 308 Requiring Comptroller-General to furnish infEJrmation as to wild land fi.fas., etc . . . . . . . . . . . . . . . 312 317 Requesting the Governor to correspond with Governor of Ala- bama in relation to a debt due State of Georgia . . . . 814 432 Tendering Hon. J. R. Freeman a seat . . . . . . . . . . 319 Authorizing C. H. Williams to publish the Public Acts . 228 334 335 428 429 430 478 Providing a Committee of enquiry as to railroad freights, etc. 357 ' 409 460 464 484 489 490 491 492 493 494 Authorizing the Governor to purchase Reports of the Constitu- tional Convention . . . . . 372 As to meeting at 3 o'clock P. M 377 2128 INDEX. Prohibiting in traduction of new matter . 377 As to an afternoon session , . . 377 Prohibiting introduction of new matter . 403 Tendering a seat to Hon. T. ~!.Norwood. 404 Providing a Committee to investigate wi:d land sales . 407 478 494 Tenderiug a seat to Colonel A. F. Daly . . . . . . . , 420 Tendering a seat to Hon. Geo. N. Lester. . . . 426 Authorizing sale of property within wall~ of the Penitentiary. 427 432 486 Requesting return of bills, etc., by committees . . . . . . 427 Instructing Judicia!'J Committee as to language of jury bill . 428 Making changes in Penitentiary camps . . . . . . . 432 433 Substitute of l\fr. Turner, of Brooks 433 Substitute by Mr. Humber. . . . . . . . . . . 434 Substitute by :M:r. Chambrrs . . . . . . . . . . . . . . 434 Requesting Committee on Penitentiary to prepare a bill for gov- ernment of Penitentiary . . . . . . 435 Ordering bills, etc., transmitted to Senate . . . . . . . . . . 439 Restricting speeches to five minutes. . . . . . . . . . . . 463 Relating to distribution of reports of investigating committee 464 Limiting speeches to five minutes . . . . . . . . . . 474 To prolong the session until the 17 December . . . . . . 482 Allowing Clerk of House two days to bring up business . . 484 515 Appropriating money to purchase portrait of Hon. John Mil- ledge, etc. . . , . . . . . . . . . . . . . . . . . . 668 To better ventilate the Representative Hall. . . . . . . 678 To set apart Saturday to commemorate the dettth of Hon. R. A. Alston. . . . . . . . . . . . . . . . . . . . . . . . . 679 To appoint a committee of 13 to investigate the Comptroller- General's office, etc. . . . . . . . . . . . . . . . 718 722 Relative to purchase of Supreme Court Reports . . . . . 718 Relating to an alleged effort to bribe . . . . . . . . . . 718 719 Tendering Hall to Rev. W. C. Bowman . . . . . . . . . . 719 On the death of Hon. R. A. Alston and Hon. S. Y. Jamison . . 721 Requiring a supplemental report of the State Treasurer . . . 732 Appointing the State Librarian keeper of Executive Archive~, etc.. . . . . . . . . . . . . . . . . . . 763 Relative to renovation of portraits in Representative Hall . . 763 That no additional mileage be paid members . . . . . . . . 763 Relative to opening Chattahoochee River . . . . . . . 763 1644 Authorizing Committee on Wild Lands to send for person"s and paper~, employ reporter, etc. . . . . . . . . . . . . . 769 To pay R. M. Willis, Tax-Collector of Elbert county . . . . . 814 Relative to acc<-('.,llcrtor~ lo "clllc t'Oillll,Y Ia~". ~1 'l'n a11nd thr g: To cnal t111 ~tat" to rnlll'rl. <'r'Tl:tin Hilro:ul lnxe~. . . 2111 Tu rNprirr impr<>\'orl l:nuiR to hl' ginn in for taxc'H ito the colin- tieR in whi<'h th".\' lie. 3t:l THO~fAI', .T. 1'. IIOi\. . . . . . . ;, TOOLE, - 1lOX. . . . . TURNEI{, H. n. liON. of RnooKR 5 TURNt;H., \\". A. HOi\". . . . . . 1. v. VICK. .JA:.\IE:-' liON. . . . . . ,V. WALL, i\L .J. IIOi\. . . . . . . .-. "',\LTEHS, .J. \\'. 110~. . . . . tl WALTOX, '\\'.F. JIOX.. ;, WEEIIUXT, J:LIJIOX... 7 WELCH, W. K J!OX. 12 WJ.;.<;TIJWH>K,.\.C.liOX . (i WHEELEI{, J. B. 110:\.. . fl WILCOX, .JOII X IfOX.. . "'ILLL\ ;\IS, F. J. HOX. of ::\hmrwr:-rnrm . 'WILLIA:\1:-;,.r. l'.llOX.of Cru.mmrA . . . WILLI.\~IS, C.\\'. lll>:-.i. of ~hmsw~:nn:n. 1' WILMOT, D. II. IIO:\. . . . . . WILLIX< To nmencl Rretion 1:!7:~ of the Code . . . . . . 1G22 1815 To ::uncn!l ""'''ion 1G16 of the Code relating to fees of Solicitors- Gcucral . . . . . . . . . . 1780 1930 To amend .<'di.,n 64 of the Corle authorizing the Governor to purcha~c Hn.9 Rrqnc.~ting Honc lo return Senate bill as to local bills. . . . 2.~G To takr a rec""' until first '\VcdneRday in July, 18i9 . . . . 338 341 Hclating tn Congrc"''ional distribution of fund arising from sale of pnhli!' Janel" to education . . . . . . . . . . . . 4~G R!'lati'" In rcdnction of postage. . . . . . . . . . . . . 4:l7 l\rcnwrializing- CongreAs in relation the Great Sontheq1 Ha.il road . . . . . . . . . . . . . . . . . . . . . . . l~li-o Relative tn l'nndnct of the Go,crnor in indorsing bonds of Xvru,- c:h;l<'rn ]{a ilroad Company . . . . . . . . . , . . . . 5U::l 50[} To ad tn ~ii.-- sis,i ppi Hi \'C'r . . . . . . . . . . . . . . . . ~OG.~ Relating to opening of Savannah River above A ugnta. . . ~\1119 To appoint a joint cornmittPc to inform Governor that the (iln- cral A~"cmbly is ready to adjourn .~ine die. . . . . . . . ~vi; Returning thanks to House, to Hon. A. 0. Bacon, and other officers . . . . . . . . . . . . . . . . . . . . . . :.:071 S. SOLICITOR">To preRcribc the fees of Solicitoril of County Courts . 3~:l 417 STATE LINETo c;;tabli"h the line between ~:lacon county, North Carolina, and lhbrm county, Georgia , . . . 843 1062 10il3 INDEX. 'r. TAXES- To reduce nnll re~nlatc thr. fees of Receivers and C:ollct:lorP ,,):, 446 469 009 5::!9 l !?(};i J."u~; t To prePcribt> the ntodr nf allowing in!!Qlvent listR . . !Hil 4!J8 r,:u To regulate the l't'turn of wild land f(ft taxes . 4!1:; -llfi !I To provide fnr rrllltnl! of IIJecinl tax 811 ltitl~ 2(.ifl:i To f!('pnrntc tlte office!' or Receiver nnd Collector where r.On141lli- rlatt'd 84.1 1602 ~flf1:J 'l'n requite taxc11 }aid m county where property i.~ locatC\l 1G03 1780 1781 204S To reio 2026 To allow tcnant11 holding O\-er, etc., three days to file CO'!lnter nflidnvit . . 314 43G TBAl\11'- To define the crim of Lei ng n trnmp JG~ ll>lo TREASURIF.S-Cot'liiTY. Rclo.ting to payment of moneys into County Treuurie&.303 1001 19110 u. UNIVERSITY--.*51.'ATF.. To cstllbliRh certain brnneheR of 383 458 487 VENUE--To provide lor oho.nJe of venue in all co.ses 1992 VOTINGTo prevent and punish illegal voting 384 1602 19&tl