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HOUSE OF REPRESENTATIVES

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OF THE -

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STATE OF GEORGIA

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- ATTHE -

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A DJOU RNED SESSION

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OJ,' TilE -

G-o. GENERAL ASSEMBLY) y ous
' AT ATI1ANTA , J ULY 6, 1881.

A'fLANTA., GEORGIA,
CoNSTIT UTION Pl: llL ISH L'iG Co., STATE PRINTEi lS. 1881.

JOURNAL.
ATLANTA, GEORGIA,
Wednesday, July 6, 1881.
The House met -pursuant to adjounment at 10 o'clock a. m~, was called to orde.r by the Speaker, and opened with prayer by Rev. Mr. Clarke, of the House.
The roll was called, and the following members answered to their names :
Those present are Messrs.-
Adderton, Anderson of Newton, Arrington, Awtry, Bacon of Chatham, Barrow, Basinger, Bates, Beatty, Bird, Brewer, Broyles, Bull, Burch, Cameron, Carter, Christie, Clark, Coffin, Cook, Crawford,Crozier,Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Farnell, Feagi.n, Fordham, Foster, Fuller, Garrard. Gaskins, Glover, Goodrich, Gray, Hagen, Hale, Hall, Hammond, Harrell, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Johnson of Lee, Jones of Baker, Julian, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Martin of Houston, Martin of Talbot, Mays of Butts, McAllister, McBride, McCants, McClure, McClellan, Mcintosh, McKinney, McLucas, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Northen, Orr, Palmonr, Park, Patterson, Peek, Perkins, Polhill, Post, Price, Quillian, Rainey Rankin, Rawlins, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Shockley, Singleton, Silman, Smith ot Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Staple-

JouRNAL oF THE HousE,

ton, Story, Strother, Sumerlin, Sumner, Sweat, Tharpe,

Thompson, 'fwiggs, Walker of Berrien, Walker of

Crawford, Walker of Jasper, Wheeler, Wittle, Wil-

liams, \Villingham, Wilkinson, Wilson of Bulloch,

\Vilson of Camden, Wilson of Greene, Winslow, With

row, Wright, Youngblood, Zachry, Zellars, Mr.

Speaker-151.



Those absent are Messrs.-

Barnes, Bennet, Branch, Branson, Brinson, Carith ers, Flynt, Harp, Heard, Johnson of Johnson, Jones of DeKalb, Keil, Maddox, Mathews, Mays of Richmond, Nichols, Scruggs, Turner of Floyd, Turner of Monroe, Turnipseed, \Vingfield-21.

By unanimous consent the following resolutions were introduced, read and adopted unanimously by a rising vote, and ordered at once transmitted to the Senate: By Mr. Twiggs-
A resolutionResolved by tke Senate and House of Representatives of tke State of Georgia in General .Assembly met, That we have received with the profoundest sorrow and pain, the intelligence of the attempted assassination of the President of the United States, and in common with all citizc>ns throughout the Union, without regard to party, who are patriotically devoted to the principles of constitutional liberty, we do hereby express our unqualified condemnation of this horrible act, which aimed a fatal blow at American free institutions by lawlessly striking down their duly chosen representative Chief Magistrate ; and we look upon the deed and its perpe trator with feelings of inexpressible indignation and abhorrence. Resolved, That while as American citizens we are justly proud of the heroic courage with which the President has borne his sufferings; for his intrepid wife who, during all these hours of anguish, has never lost

WEDNESDAY, JOLY 6, 1881.

7

her sublime fortitude, nor wavered in her womanly devotion, we entertain sentiments of the profoundest admiration and respect, and in behalf of all the PEoPLE OF GEoRGIA we tender to him and to her our warmest sympathies and earnest prayers for his speedy restoration to health and usefulness.
Resolved, That these resolutions be transmitted to the Secretary of State, at Washington, D. C.
A communication was received from the Governor announcing the election of .John D. MacLeod, as Representative from 'Vilcox county, to fill the vacancy caused by the death of Hon. John Wilcox, an:l of C. H. Anderson as Representative from the county of Cobb, to fill the vacancy caused by the death of Ron. A. J. Hansell.
The members elect then presented themselves, and were duly sworn in by the Speaker.
On motion of Mr. Polhill, the Journal of December 4th, 1880, which was read just prior to adjournment on that day, was not re read.
Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
The Committee on Enrollment, charged with bringing up the unfinished work of last session, report as
a uly enrolled, signed by the Speaker of the House of
Representatives, President of the Senate, and delivred to the Governor, the following acts, to-wit:
An act to repeal an act approved February 27, 1877, <Jonsolidating the offices of Sheriff and Tax Receiver Qf Greene county.
Also, an act to establish a City Court in the county. Qf Hall, and to provide for the appointment of a Judge and Solicitor-General.
Also, an act to repeal an act approved February 17, 1877, to reduce the compensation of the County Treasurer of Greene county.

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JouRNAL OI<' THE HousE,

Also, an act to repeal an act to provide for the payment of certain insolvent costs in Augusta Judicial Circuit, approved February 15, 1873, in so far as said act applies to the county of Richmond, approved August 26, 1879.
Also, an act to alter ar..d amend the several acts incorporating the town of Cochran, in the county of Pulaski, and to grant cntain privileges to the same.
Also, an act to change the time of holding the Spring Term of the Superior Court of Mitchell county.
Also, an act to incorporate the Atlanta and Alabama Railroad Company.
Also, an act to amend the charter of the town of Hawkinsville.
Also, an act to repeal an act to organize a County Court for the county of Muscogee.
Also, an act to transfer the county of Stewart from tha Chattahoochee to the Southwestern Circuit.
Also, an act to relieve C. D. Leonard, J. N. Leonard and E. A. Leonard as securities on J. A. Cameron's bond.
Also, an act to amend the charter of the town of Camilla.
Also, an act to repeal an act to confer additional powers on Tax Collectors, and make them ex officio Sheriffs in certain cases.
Also, an act to amend the charter of the city of Macon, and for other purposes.
Also, an act to repeal an act to consolidate the Clerk of the Superior Court and Treasurer in the county of Douglass, approved February 4, 1875.
Also, an act to provide for the appointment of Judges of County Courts pro hac 1Jice.
Also, an act to repeal the charter of the town of Tallapoosa, in the county of Haralson.
Also, an act to incorporate the Citizens' Bank of Augusta.
Also, an act to amend section 4066 of the Code of

WEDNESDAY, JULY 6, 1881.
1873, allowing plaintiffs to traverse the truth of the answer or return in cases of certiorari.
Also, an act to authorize the City Council of Augusta to repeal an act to create a Board of Health for said city, approved February 26, 1877, and amended August 23, 1879.
Also, an act to incorporate the Rome and Chattanooga Railroad Company, and for other purposes.
Also, an act to authorize the Governor to furnish arms and accoutrements to the students of branch colleges.
Also, an act to change the time for holding the Superior Courts of Schley county.
Also, an act to amend section 4161 of the Code of 1873.
Also, an act to change the time of holding the Superior Courts for the county of Washington.
Also, 11n act to permit the City Court of Atlanta totry civil cases, with the consent of the parties, during the March and September Terms of said Court in every year.
Also, an act to make appropriations for the Executive, Legislative and Judicial expenses of the Government.
Also, an act to levy and collect a tax for the support of the State Government.
Also, an act to provide for the service of summons in suits in the Justices' Courts of this State against co-obligor, joint contractors, endorsers of promissory notes, etc.
Also, an act to amend the charter of the city of Newnan.
Also, an act to extt:nd the incorporation of the town of Waynesboro, Burke county, Ga.
Also, an act to incorporate Etowah City, in the county of Floyd, and for other purposes.
Also, an act to incorporate the Commercial Bank of Savannah.
~~
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JouRNAL oF THE HousE,

.Also, a resolution to authorize the Governor to sell a parcel of land in Bibb county.
.Also, a resolution to authorize the sale of the old post-office fixtures.
.Also, a resolution to accept the surrender of the Athens Bank charter.
.Also, a resolution appoiTJ.ting a joint committee to -examine the " Hand Book of Forms" prepared by Sillman and Thompson.
.Also, a resolution in relation to the issue of bonds. Also, a resolution providing that the Finance Committee of the two Houses, investigate and report upon the :subject of building a new capitol.
J. L. SwEAT, Chairman.
On motion of Mr. .Anderson, of Newton, the Clerk was ordered to notify the Senate that the House of Representatives is organized with a quorum present.
Mr. .Adderton offered a resolution fixing the llours of meeting and adjournment at 10 a. m. and 2 p. m. each day.
Mr. Stanford moved as a substitute that the hours be fixed at 9 a. m. and 1 p. m.
On motion of Mr. Bull, the resolution was laid on the table.
Mr. Lester offered the following resolution, which was read and agreed to, to wit :
A resolutionTo appoint a committee of three from the House and two from the Senate to notify the Governor that the General .Assembly is organized and ready to receive any communication he may have to make. Mr. Miller, of Houston, offered the following resolution, which was read and referred to the Committee on Rules, to-wit: A resolutionTo appoint a committee to examine and report within fifteen days on the state of business with the purpose Of fixing a date for an early adjournment.

\VEDNESDAY, JULY 6, 1881.

11

The regular order, the call of the roll of counties, be;ginning at Appling, was taken up.

By a two-thirds vote-yeas 127 nays none-the following bill was introduced, and by a two-thirds voteyeas 118, nays none-read the first time and referred to the Committee on Special Judiciary:
By Mr. DnBi,~~;nonA. bill to repeal an act to fix the place for Sheriff's
sales in the county of Baldwin.

The following message was received from the Senate, through Mr. Harris, Secretary thereof:
Mr. Speaker:
The Senate has agreed to the following resolution : A. resolution notifying the House of Representatives that the Senate haf'! met, with a quorum prosent, and is ready to proceed to business. Also, the Senate has agreed to the following resolution, and asks the concurrence of the House of Representatives therein :
Resolved, That a committee, consisting of two fro!fi the Senate and three from the House of Representatives, be appointed to wait upon his Excellency the Governor and notify him that the General Assembly has met pursuant to adjournment, and is ready to re-ceive any communication he may wish to make.
Committee appointed on the part of the SenateMessrs. Smith and Neal.

The following bills were introduced, read the first time, and referred to the General Committee on the .Judiciary, to-wit:
By Mr. BasingerA. bill to amend section 1950 of the Code of 1873,
which enumerates the obligations, required to be in writing, to bind the promissor by thereto acceptances of bills of exchange.

12

JouRNAL oF THE HousE,

By Mr. SweatA bill to change the time of elections for members ot
the General Assembly-Governor, Secretary of Statet Comptroller-General, Treasurer, Attorney- General, and cmnty officers-to first Tuesday in November.
Also, a bill to prohibit the manufacture, importation,. sale, or furnishing, after May 1, 1882, of intoxicating liquors in this State.
By Mr. WhittleA bill to require itinerant physicians to pay a license
fee of fifty dollars in every county where they may practice, except the county of their residence and those immediately adjoining, and to prescribe a penalty for the violation of the same.
Also, a bill to prescribe the manner of fixing the compensation of Jurors and Bailiffs in all the counties of this State, amending the act approved October 11, 1879, so as to give th~> same pay to Jurors in the County Courts as in the Superior Courts.
Also, a bill to make it a misdemeanor to sell any article of food, drink or medicine under any false or misleading name.
By Mr. Davis of LumpkinA bill to change and mollify article 3, section 4,
paragraphs 2 and 3, also article 5, section 1, paragraph 3, of the Constitution of the State, relating to the general elections and the meeting of the General Assembly, and inauguration of the Governor.
Also, a bill to change and modify paragraph 6, section 5, article 3 of the Constitution, which limits the sessions of the General Assembly.
Also, a bill to change and modify paragraph 1. section 9, article 3 of the Constitution of the State ot Georgia, which relates to the per diem and mileage or members of the General Assembly, and to prescribe an annual salary in lieu thereof.
Also, a bill to prescribe the manner of establishing

WEDNERDAY, JULY 6, 1881.

13

-and changing election precincts, and for other purposes.
The following resolution was introduced, read the first time and agreed to, to-wit:
.By Mr. SweatA resolutionProviding for the appointmE>nt of a Committee on
Apportionment.
On motion of Mr. Lester, of Jones, the Senate resolution "to appoint a committee to notify the Governor of the organization of the two Houses of the General Assembly" was taken up, read and concurred in.
The Speaker appointed as the committee on the part Qf the House, under said resolution, Messrs. Lester, Foster and Wright.
Mr. Lester, from said committee, reported that the -eommittee had discharged the duty assigned them, and that his Excellency the Governor had no communication to make at present.

The following message was receiv(>d from the Senate through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has concurred in the following House resolution, to-wit:
A resolutionExpressing the sense of this General Assembly upon the attempted assassination of the President of the United States.

The following bill was introduced, read the first time, .and referred to the Committee on Finance, to-wit:
By Mr. SweatA bill to l:luthorize and require certain members of
the General Assembly to remain at the capitol for two days after the adjournment of the sessions thereof, and -to provide compensation for services rendered by them.

14

JouRNAL OF THE HousE,

By a two-thirds vote-yeas 122, nays none-the following bill was introduced, and without being rettd,. referred to the Committee on Local and Special Bills, to-wit:
By Mr. RawlinsA bill to provide for the registration of voters in the
town of Eastman.
By a two-thirds vote-yeas 116, nays none-the following bill was introduced, and by a two-thirds voteyeas 111, nays none-was read the first time andreferred to the Special Judiciary Committee, to-wit :
By Mr. James.A. bill to legalize the action of the Board of C0mmis-
sioners of Roads and Revenues of the county of Douglas, in changing the size and shape of the court house square in the town of Douglasville.
By a two-thirds vote-yeas 130, nays none-the following bill was introduced, and without being read, referred to the Committee on Local and Special Bills, to-wit:
By Mr. RawlinsA bill to prescribe who are entitled to vote for Mayor
.and .Aldermen of the town of Eastman.
By a two thirds vote-yeas 121, nays none-the following bill was introduced, and without being read, referred to the Committee on Local and Special Bills, to wit:
By Mr. RawlinsA bill to prescribe the time of holding an election
for Mayor and Aldermen of the town of Eastman.
By a two-thirds vote-yeas 103, nays none-the following bill was introduced, and by a two-thirds voteyeas 95, nays none-read the first timP, and referred to the Committee on Special Judiciary, to-wit: By Mr. James-
A bill to locat~ and define the election precinct and

WEDNESDAY, JULY 6, 1881.

15-

place of holding Justice Court in the 1273d District, G. M., Douglas county.
By a two-thirds vote-yeas 107, nays none-the following bill was introduced, and read the first time by a two-thirds vote-yeas 101, nays none-and referred t(} the Committee on Corporations, towit:
By Mr. Rice-A bill to incorporate the Belt Railroad Company.
The following bill was introduced, read the firsc time and referred to the Committee on Counties and County Lines, to-wit: By Mr. James-
A bill to carry into effect article 11, section 1, paragraph 3 of the Constitution of the State.
By a two-thirds vote-yeas 131, nays none-the following bill was introduced, and by a two-thirds voteyeas 107, nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. RiceA bill to amend an act incorporating the Gate City
Street Railroad Company.
By a two-thirds vote-yeas 92, nays none-the fol-. lowing bill was introduced, and, without being read, was referred to the Committee on Local and Special Bills, to-wit:
By Mr. RankinA bill for the relief of J. B. Thombrough.
By a two-thirds vote-yeas 132, nays none-the following bill was introduced, and, without being 1ead,. was referred to tbe Committee on Local and Special Bills, to-wit: By Mr. Polbill-
A bill to prohibit the sale of spirituous liquors in the county of Jefferson.
By a two-thirds vote-yeas 115, nays none-the fol-

16

J OURN.AL OF THE Hou.sE,

lowing bill was introduced, and by a two-thirds vote -yeas 123, nays none-read the first time, and referred to the Special Committee on the Judiciary:
By Mr. PolhillA bill to amend the charter of the town of Louisville,
Jefferson county, Ga.
Permission was granted to Mr. Davis, of Lumpkin, to withdraw House bill No. 249.

By a two-thirds vote-yeas 104, nays none-the following bill was introduced, and by a two-thirds vote -yeas 102, nays none-read the first time and referred to the Special Committee on the Judiciary :
By Mr. WittleA bill to encourage the culture of fish in the Ocean
Pond and all the waters, lakes and ponds on land lost 106, 107, 108, 124 and 125, in the 16th District of Lowndes county, and to fix a penalty for a violation of the provisions of this act.
By a two-thirds vote-yeas 109, nays none -the following bill was introduced, and by a two-thirds vote -yeas 101, nays none-read the first time and referred to the Committee on Finance :
By Mr. Davis, of LumpkinA bill to authorize and require the Comptroller-Gen
eral of the State to pay to ,V. J. T. Hutct-ison, former
Tax-Collector of the county of Lumpkin, the same fees for collecting the State taxes for the years 1877, 1878 and 1879 as are allowed other Tax-Collectors for like services.
The following bill was read the first time and referred to the Committee on Agriculture :
By Mr. WhittleA bill to prohibit persons from fishing in the waters
of citizens of this State without their consent, and after notice forbidding them so to do, and to prescribe a penalty for the violation of the same.

WEDNESD.A.Y, JULY 6, 1881.

17

By a two-thirds vote-yeas 109, nays none-the following bill was introduced, and by a two-thirds voteyeas 98, nays none-read the first time and referred to the Special Committee on the Judiciary :
By Mr. GoodrichA bill to regulate the manner of paying insol vent
costs in miminal cases in Mcintosh county, and to repeal all conflicting Iaws.
By a two thirds vote-yeas 111, nays none-the following bill was introduced, and by a two-thirds vote -yeas 98, nays none-read the first time and referred to the Committee on Corporations :
By Mr. RenderA bill to amend the charter of the town of Green-
ville, Meriwether county.
By a two thirds vote-yeas 112, nays none-the following bill was introduced, read the first timP, by a two-thirds vote-yeas 99, nays none-and referred to the Committee on Corporations, to-wit: By Mr. Render-
A bill to empower the Intendant and Commissioners of the town of Greenville to rPgulate the sale of spirituous, vinous and malt liquors within the corporate limits of said town.
By a two-thirds vote-yeas 108, nays none-the following bill was introduced, and by a two-third~ vote read the first time and referred to the Committee on Corporations: By Mr. Hillyer-
A bill to incorporate the Union Railroad Company, and to define its rights, powers and privileges.
Leave of absence was granted to Mr. Mays, of Richmond, and Mr. Mattox, of Chattooga, on account of sickness.
On motion of Mr_ Jones, of Bal~er, the House then adjourned tilllO o'clock a. m. to-morrow.
2

18

J OURN.<\L OF THE HoUSE,

ATLANTA, GEORGIA,
Thursday, July 7, 1881.
The House met pursuant to adjo11rnment, 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, viz :
'rhose present are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Bacon of Chatham, Barnes, Barrow, "Basinger, Bates, Beatty, Bennett, Bird, Branch, Branson, Brewer, Broyles, Bull, Burch, Cameron, Carter, Carithers, Christie, Clark, Coffin, Cook, Crawford, Cro-zier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Farnell, Feagin, Flynt, Fordham, Foster, Fuller, Garrard, Gaskins, Glover, Goodrich, Gray. Hagen, Hale, Hammond, Harrell, Heard, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Jamison, Janes, Johnson of Lee, Jones of Baker, Julian, Keil, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Martin of Houston, Martin of Talbot, Mathews, Mays of Butts, McAllister, McBride, McCants, McClure, McClellan, Mcintosh, McKinney, McLeod, McLucas, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, N orthen, Orr, Palmour, Park, Patterson, Peek, Perkins, Polhill, Post, Quillian, Rainey, Rankin, Rawlins, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Shockley, Singleton, Silman, Smith of Union, Spence, Spearman, Stanford, Stapleton, Story, Strother, Summerlin, Sumner, Sweat, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Walker of .Berrien, Walker of Crawford, Walker of Jasper,

THURSDAY, JOLY 7, 1881.

19

Wheeler, Whittle, Williams, 'Villingham, Wilkinson, Wilson of Bulloch, wilson of Camden, "\Vilson of Green, Wingfield, Winslow, Withrow, Wright, Young blood, Zachry, z...,IJars, Mr. Speaker-163.
Those abst>nt are Messrs.Brinsun, Hall, Harp, Johnson of Johnson, Jones of DeKalb, Maddox, Mays of Richmond, Nichols, Price, Scruggs, Smith of Oglethorpe, 'l'harpe-12. Mr. Harrell, chairman of the Committee on J onrnals, reported the Journal of yesterday examined and approved. The Journal was then read and approved. Mr. Sweat offered the following resolution, to-wit: A resolutionFixing the hours of meeting and adjournment at 9 o'clock a.m. and 1 o'clock p. m. Mr. Adderton moved to lay the resolution on the
table The motion to table was lost. Mr. Turnipseed moved to amend by striking out 1
o'clock p. m. and inserting 12 o'clock noon. T~e amendment was lost. The resol ntion was agreed to. By unanimous consent, permission was granted to
change the reference of the bill to incorporate the Belt Railroad Company, and the bill to incorporate the Union Railroad Company from Corporations to Railroads.
Mr. Hammond, for the Committee on Rules, submitted the following report :
Mr. Speaker: The Committee on Rules have had under considera-
tion Honse resolution No. 66, in reference to the appointment of a joint committee to report on the question of an early adjournment, and respectfully recommend that the same do pass.
,V, M. HAMMOND, For Committee on Rules.

20

JouRNAL OF THE H,-usE,

Mr. Lamar offered the following resolution, which was read and agreed to, to- wit :
A resolutionTo appoint a committee of five to prPpare and prf'sent resolutions on the death of Ron. A. J. Hansell and
Ron- John "\Vilcox. The calling of the roll of counties, the unfinished
business of yesterday, was resumed. The following bills were introduced, rPad the first
time, and referred to the General Committee on the J udiciary, to-wit :
By Mr. LewisA bill to repeal an act to repPal section 5323 of the
Code of 1873, to prescribe the punishment for persons. convicted of murder, and for other purposes, approved December 16, 1t;78.
Also, a bill to amend the law of cheating and swindling in this State.
By Mr. FosterA bill to amend section 244 of the Revised Code
touching written charges, required to be given by the judges to juries in certain cases.
Also, a bill to am:md section 14:;5 of the RPvised Code of Georgia, setting forth how and when SPCtions. 1449, 1450, 1451, 1452, 1453 and 1454, relating to enclosures and fences, m~y become op...rative.
By Mr. DayA bill to rPpeal an a~'t amenlling section 1646 of the
Code in reference to the fees of Sulicitors-G.. neral, approved Odober 16, 1879.
By Mr. TwiggsA bill to amend section 3033 of the RtwisPd Code of
Georgia, and to increase the liabilities of railroad companies for inj nries and damage to stock allll otller prvperty.
By 1fr. PeekA bill to provide for the compensation of Ordinaries

THURSDAY, JULY 7, 1881.

21

-and Sheriff:; and Clerks of the Superior Courts of this "State.
By l\fr. McCantsA bill to fix the fePs of Justices of the Peace and
Constables in casf's of foreclosure of chattel mortgages, .and for othl-'r purposes.
By Mr. CookA bill to srrhmit to ~bA leg'tl voters in each city and town of this Statf~ tlw question of prohibiting the sale of intoxi(ating or aleoholic liquors, and to provide a ;penalty for a violation of the provisions of this act. Al,;o, a bill to prohibit the sale of intoxicating liquors outf:'ide of the incorporated cities and towns of this Stat-', and tv provide a penalty therefor.
By Mr. Dyl-'rA hill to amf'nd Sf'ction 3854 of the Code in relation
to tf'siirnony of hu~hand and wife in divorce cases. By Mr. R>I-'SP-
A bill to amenrl SPction 4637oftheCode, inreferen'Je to a prisonpr's statPm,...nt, as amended by acts of 28th Febrnal'y, 1874, and ot 27lh September, 187(), by.declaring thl-' rult>s under wllich said statement shall be made.
By Mr. KimseyA hill to J'Pd nee thP compensation of non-resident
witn-'s:<es in criminal cast's in the Superior Courts of this ~tate
Also, a hill to rt>p'-'al an act to amend section 1646 of tlw (\rl, in rt>fert-nc-' to the fees of Solicitors-Genera I, a pprov...rl Oetoht>r J 6, 1879, and to repeal section 1650 of Faid Codt> on said subject.
Also, a hill to amPnd paragraph 1, section 1, of article 7 of t lrt- Constitution of 1877, by adding at the t>nd of said parag-raph the words, "and suitable compensation for tho:<P. wlro lost an eye or both eyes in such SPI"Viet-, during lirt-," and to provide for the submission of tlw same to the people for ratification.

22

J ouRN.A.L oF THE HousE,

By Mr. ReeseA bill to provide for the signing and certifying of'
bills of exception, now rt-'quired by law to be eigned in twenty days, after said twenty days, in certain cases.
Also, a bill to correct certain mistakes of reference in the lien laws of this State, as contained in sections
1922 et al. of the Code.
Also, a bill to regulate practice in the Supreme Court of this State.
By Mr. HillA bill to be entitled an act to amend au act to amend
and enlarge section 4310 of the Cude, approved August 11, 1879.
By Mr. BroylesA bill to define the law of prescription in certain
cases.
By Mr. BransonA bill to further dt>fine the offi~nse of cheating and
swindling, or being a common cheat and swindler, and to provide a punishment for such offense. By .Mr. Younghlood-
A bill to amend st>ction 829 of the Code and regulate returns on plantations through which county lines run.
By Mr. OrrA bill to a mPhd section 3033 of the Code of 1873, in reference to the liability of tliP eevPral railroad companies of this State for injnriPs to live stock and other -property, and to define tiJt'ir liability for the same.
By a two-thirds vote-yt->as 123, nays none-the following bill was introducPd, and by a two-thirds voteyeas 106, nays none-read the first time and referred to the Special Ccommittee on the Judiciary, to-wit: By Mr. SpencP-
A bill to authorize the Board of County Commissioners for the county of Mitcht->11 to levy a tax to meet

THURSDAY, Jl'LY 7, 1881.

23

the current expenses of said county for the years 1881 and 1882, not to exceed fifty per cent. on the State
tax.
By a two-thirds vote-yeas 118, nays none-the fol~ lowing bill was introduced, and by a two-thirds voteyeas 108, nays none-read the first time and referred to the Special Committee on the Judiciary :
By Mr. SpenceA bill to authorize the Commissioners of Roads and
Revenues for the county of Mitchell to issue bonds, not to exceed the sum of ten thousand dollars, and bearing interest not to exceed the rate of 7 JWr cent. per annum, for the purpose of building a court house in said county, and to provide for the payment of the same.
By a two-thirds vote-yeas 113, nays none-tlHl fol lowing bill was introduced, and by a two-thirds voteyeas 107, nays none-read the first time aud rt->feued to the Special Committ~e on the Judiciary, to-wit:
By Mr. Turner, of MonroeA bill to amend an act fixing the compensational~
lowed for feeding' prisoners confint->d in jail in .M1>nroe county, approved February 21, 1876, so as to allow the Board of Commissioners of Roads and Revt->nue, in their discretion, to fix the amount of said curupen sation.
By a two-thirds vote-yeas 110, nays nonP-thP fol~ lowing bill was introduced, and hy a h\'o-thinls voteyeas 90, nays none-read the first time and referred to the Special Committee on the J udioiary:
By Mr. Turner, of MonroeA bill to prohibit the salt> of intoxicating drinks of
vinous, malt or spirituous liquors in any q1.antities whatsoever within two milt->s of auy church within the corporate limits of Forsyth.
By a two-thirds vote-yeas lll, nays none-the fol~

24

J ouRN.A.L oF THE HousE,

lowing bill was introduced, and without being read ref~:>rred to the Committee on Local and Special Bills; to-wit:
By Mr. FosterA bill to prohibit the sale of intoxicating spirits
within five miles of Rehobothville church and academy, in the county of Morgan.

The following bills were introduced, read the first time and referred to the Committee on Finance :
By Mr. Middlebrook-
A bill to repeal an act to establish State Depositories in thR cities of A.tlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, LaGrange, Greenville, Griffin and Hawkinsville, approvt-d October 16, 1879.
By Mr. Jackson-
A hill to amE-nd an act to levy and collect a tax for the sn pport of the State Government and the public institutions, to pay the interest'and maturing principal of tlw public debt, and for education and other purpof'es therPin mentionE-d, for the fiscal years 1881 and 1882, approved December 7, 1880, by repealing the 6th sPction of said act, as to building and loan associations, and for other purposes.

The following bill was introduced, read the first time and refPrred to the Committee on Education: By 1\fr-. Peek-
A bill to authorize and require the teaching of the elemPutary principles of agriculture in the public schools of this State, and to provide for the preparation of or designation of a work on the elementary principles of agriculture.
By a two-thirds vote-yeas 109, nays none-the following bill was introduced, and by a two-thirds voteyeas 9.3, nays none-then read the first time, and re-

THGRSDAY, JULY 7, 1881.

25

ferred to the General Committee on the Judiciary, towit:
By Mr. J?cksonA bill to amend an act to create a Board of Police
Commissioners for the city of Augusta, approved August 26, 1879, by extending the terms of office of the present incumbents, and for other rurposes.
The following bill was introd need, read the first time and referred to the Committee on Agriculture:
By Mr. Hightower of StewartA bill to amend an act to make not unlawful to sell
by retail or otherwise any domestic winPs hy the manfacturer thereof in this State, and for other pnrpost>s, approved February 27, 1877, so as to include wines manufactured from blackberries.
By a two-thirds vote-yeas 103, nays nont->-the following bill was introduced, and by a two thirds voteyeas 98, nays none-read the first time, and referred to the Special Committee on the Judiciary :
By Mr. Hightower, of StewartA bill to revise the jury box in the county of Stew-
art, and for other purposes.
By a two-thirds vote-yeas 97, nays none-thH following bill was introduced, and by a two-thirds voteyeas 127, nays none-read the first time and referred to the Special Committee on the Judiciary :
By Mr. AddertonA bill to authorize the city of Americus to increase
its indebtedness.
By a two-thirds vote-yeas 117, nays nont->-thH following bill was introduced, and by a two thirds voteyeas 112, nays none-read the first time and referred to the Special Committee on the Judiciary: By Mr. Adderton-
A bill to authorize the city of Americus to appropriate certain moneys for school purposes.

26

JOURNAL OF THE HOUSE,

The following bill was introduced, read the first time and referred to the Committee on. Finance: By Mr. Martin, of Talbot-
A bill to repeal an act to regulate and restrict the rate of interest in this State, approved October 14, 1879, and to regulate and restrict the rate of interest in this State.
By a two-thirds vote-yeas 110, nays none-the following bill was introduced, and by a two-thirds voteyeas 100, nays none-read the first time and referred to the Special Committee on the Judiciary: By Mr. Smith, of Union-
A bill to authorize the County Board of Education: of Union county, Ga., to pass upon and pay off the claim of \V. C. Hughes, former County School Commissioner of said county.
Pesmission was granted to Mr. Carithers to withdraw House Bill No. 412.
The following resolution was introduced, read the first time and referred to the Committee on Finance: By Mr. Twiggs-
A resolutionTo authorize the Governor to purchase certain manuscripts of the Colonial History of Georgia. By a two thirds vote-yeas 114, nays none-the following bill was introduced, to-wit: By Mr. McKinneyA bill to permit D. S. McCoy, of Upson county, to peddle without licensA. Refp,rred, without being read, to the Committee on Local and Special Bills. By a two-thirds vote-yeas 108, nays none-the following bill was introduced, and by a two-thirds voteyeas 104, nays none-read the first ti:ne and referred to the General Committee on the Judiciary, to-wit : By Mr. Dye;A bill to provide compensation for Commissioners of Roads and Revenues for Warren county.

THURSDAY, JULY 7, 1881.

2T

By a two-thirds vote--yeas 101, nays none-the following bin was introduced, and by a two-thirds voteyeas 89, nays none-read the first time and referred to the Special Committee on the Judiciary, to- wit:
A bill to create a Board of Commissioners for Worth county, and to define their powers and duties:
By a two-thirds vote-yeas 98. nays none--the following bill was introduced, and by a two-thirds voteyeas 95, nays none-read the first time and referred to the Committee on Education : By Mr. Farnell-
A bill to authorize the levy of a special tax for educational purposes in the county of Decatur, and to prescribe the manner of assessing, collecting and disbursing the same.
By a two-thirds vote-yeas 88, nays none-the following bill was introduced, and by a two-thirds voteyeas 92, nays none-read the first time and referred to the Committee on Corporations, to-wit: By Wr. Williams-
A bill to incorporate Snow Spring High School in Dooly county, and appoint a Board of Trustees for the same, and for other purposes.
The following bill was introduced, read the first time and referred to the Committee on Corporations : By Mr. Barrow-
A bill to amend the act incorporating the Clayton. Railroad Company, approved February 28, 1874.
The following bill, by a two-thirds vote-yeas 107, nays none-was introdp.ced, and without being read, referred to the Committee on Local and Special Bills,_ to-wit: By Mr. Kimsey-
A bill to prohibit the sale of spirituous, malt or intoxicating liquors in any quantity whatever in the 427th District, G. M., in the county of White, and to provide a penalty therefor.

28

J OURN.AL OF THE HOUSE,

By a two. thirds vote-yeas 108, nays none-the fol lowing bill was introduced, and by a two-thirds voteyeas 105, nays none-read the first time and referred to to the Committee on Education, to-wit: By Mr. Mitchell-
A bill to regulate the sale of spirituous, vinous and malt liqnors in the county of Gwinnett.
The following bill was introduced, read the first time and referred to the Committee on Education : By Mr. Strother-
A bill to provide a uniform system of text books for the use of the public schools of the State of Georgia.
By a two-thirds vote-yeas 100, nays none-the following bill was introduced, ann by a two-thirds voteyeas 94, nays none--read the first time and referred to the General Committee on the Judiciary, to-wit: By Mr. Thompson-
A bill to fix the amount of license for selling spirituous, intoxicating or malt liquors in the county of Charlton, and to prescribe a punishment for a violation of the provisions of this act, and for other purposes.
Mr. Hunt offered the following resolution, which was read and agreed to, to-wit:
A resolutionTo refer the communication from the Superintendent of Census, Gen. Francis A. Walker, to the Committee on Apportionment, and to have five hundred copies printed for the use of the Honse.
The following resolution, reported favorably by the Committee on Rules, was taken up, read and agreed to, to-wit:
A resolutionTo appoint a committee of five from the House and three from the Senate on the state of business, and to report in fifteen days. The above resolution ordered transmitted to the Senate.

FRIDAY, JULY 8, 1881.

29

On motion of Mr. Northern, the use of the ball of the House of Representatives was granted to the friends of temperance for to-morrow night.
The Hpeaker appointed the following committee on resolutions on the death of Hon . .A. J. Hansell and . Ron. John Wilcox, to-wit:
Messrs. Lamar, Jackson of Richmond, Farnell, Zellars, and Davis of Habersham.
Leave of absence was granted for one day to Mr. Price, of Oconee, on account of sickness, and to Mr. Tharpe on account of serious illness in his family.
On motion of Mr. Lamar, the House then adjourned to 9 o'clock a. m. to-morrow.

.ATLANTA, GEORGIA,
Friday, July 8, 1881.
The House met pursuant to adjournment, was called to order by the Speaker and opened with prayer by Rev. Mr. Clark, of the House.
The roll was called and a quorum found to be present.
Mr. H3ath, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
Mr. Stanford offered the following resolution, which was read and agreed to, to-wit:
.A resolutionThat a committee of two from each Congressional District be appointed by the Speaker, to which shall be referred all bills on the subject of temperance.
Mr. Crozier offered the following resolution, which was read and referred to the Committee on Rules, towit:
.A resolutionRestricting the introduction of local bills after the :first fifteen days of this session.

30

JouRNAL OF THE HousE,

By a two-thirds vote-yeas 100, nays none-the following bill was introduced, and by a two-thirds voteyeas 95, nays none-read the first time and referred to the Committee on Finance :
By Mr. SumnerA bill for the relief of J as. M. Rouse, Seaborn M.
Hunt, John Feron, Thos. J. Harris and John Odom, securities on the bond of H. H. Rouse, late Tax Collector of vVorth county.
By a two- thirds vote-yeas 102, nays none-the following bill was introduced, and by a two-thirds voteyeas 104, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. BroylesA bill to authorize A. J. Green, of Whitfield coun-
ty, to practice medicine, and for other purposes.
By a two-thirds vote-yeas 100, nays none-the following bill was introduced, and by a two-thirds voteyeas 99, nays none-read the first time and referred to the Special Committee on Temperance:
By Mr. BeattyA bill to fix the amount of license for selling spir-
ituous, intoxicating or malt liquors in the county of \Vebster, and to prescribe a punishment.

The following bills werl:' introduced, read the first time and referred to the General Committee on the Judiciary, to-wit:
By Mr. BroylesA bill to prevent the destruction of fish in the
streams of this State.
By Mr. KimseyA bill to create and organize a new judicial circuit
of the Superior Courts of this State. By Mr. McKinney-
A bill to change the time of holding the Superior Courts of Upson county, and for other purposes.

FRIDAY, JULY 8, 1881.

31

Bv Mr. BullA bill to provide for the complete merger of courts
of equity in courts of law. Also, a bill to provide for the cleaning and opening
of the non-navigable streams of this State. Also, a bill to amend section 4424 of the Code of
1873, so far as relates to the penalty for larceny after trust of not more than $25 in value. By Mr. McCants-
A bill to empower the Courts of Ordinary of this State to summon juries and submit questions of fact to the same. By Mr. Twiggs-
A bill to make the owners of cotton factories, foundries, machine shops, mills, and other property of like character, liable as railroad companies for injuries arising from the want of care and diligence. By Mr. Price-
A bill to prohibit the riding or driving of any horse or mule, or otherwise using or injuring any horse or mule or any other stock, belonging to another, without his consent, and to provide a punh-hment therefor.
Also, a bill to provide for the levy and sale of property under execution, etc., issued from the County Courts of this State. By Mr. Flint-
A bill to authorize the Board of Commissioners of Roads and Revenues in those counties in this State having such Boards to issue license for the sale of spirituous and malt liquors, and to prohibit the Ordinaries in such counties from issuing the same. By 1\fr. Turner, of Monroe-
A bill to require the Judges of the Superior Courts of this State, upon request, in the trial of civil cases, to furnish juries with written instructions as to the form of their verdict. By Mr. Roney-
A bill to require the several Judges of the Superior

32

JouRNAL oF THE Hou:-E,

Court& of this State, in all cases, both civil and criminal, to give their charges to the jury in writing, and for othPr purposes.
By Mr. Davis, of LumpkinA bill to change the times of holding the Superior
Courts in the counties of Dawson and Pickens, in theBlue Ridge Circuit, so as to allow the county of Lumpkin two weeks at each session of said Court.
By Mr. Martin, of HoustonA bill to declare the violation of certain contracts
fraud alent and a misdemeanor, and to provide for the punishment thereof.
By Mr. McBrideA bill to repeal an act to regulate and restrict the
rate of interest in this State, approved October 14, 1879, and for other purposes.
By Mr. NorthernA bill to suppress the evils of intemperance in this
State, and to establish a local option law, and for other purposes.
By Mr. HillyerA bill to amend section 4259 of the Code of Geor-
gia, in reference to the service of bills of exceptions.

The following bills were introduced, read the first time and referred to the Special Committee on the J udicicJry:
By Mr. SnrnmerlinA bill to regulate the sale of poisons within the
State.
By Mr. CrumblyA bill to change the time of holding the Superior
Courts in the county of Quitman.
By Mr. Ttuner, of MonroeA bill to authorize Justices of the Peace and Nota-
ri~>s Public i 11 the various counties in this State, in which tllere is a County Court, to bind over parties

FRIDAY, JULY 8, 1881.

33

charged before them with misdemeanors to said County Courts, and to authorize said Courts to try said parties, to forfeit recognizances, and for other purposes. By Mr. McBride-
A bill to amend section 2973 of the Code of 1878, in relation to mal-practice of surgery and medicine, by striking out of said section the words "For a compensation.''
By a two thirds vote-yeas 114, nays none-the following bill was introduced, and without being read referred to the Committee on Local and Special Bills, to-wit: By Mr. Carter--
A b11l to repeal an act establishing a Board of Commissioners of RevenuP,, Roads, Bridges and Paupers for the county of Murray.
By a two-thirds vote-yeas 98, nays none--the following bill was introduced, and by a two-thirds vote)eas 100, nays none-read the first time and referred to the Special Committee on Temperance : By Mr. McAllister-
A bill to fix the liquor license in Montgomery county.
By a two thirds vote-yeas 98, nays none-the following bill was introduced, and by a two-thirds voteyeas !:!8, nays none-read the first timfl and referred to the Special Committee on the Judiciary, to wit: By Mr. Flynt~ A bill to prohibit the sale of malt or spirituous liquors within one and one-half miles of Unionville (A. M. E.) church, in Monroe.
By a two-thirds vote-yeas 98, nays none-the f.:>llowing bill was introduced, and by a two-thirds voteyeas 91, nays none-read the first time and referred to the Committee on Corporations : By Mr. Spence-
A biU to incorporate the town of Pelham, in the 3

34

JOURNAL OF THE HOUSE,

county of Mitchell, and provide a government for thesame.
By a two-thirds vote-yeas 109, nays none-the following bill was introduced, read the first time by a two-thirds vote-yeas 105, nays none-and referred to the Committee on Finance:
By Mr. StoryA bill to increase the tax levied for the pauper fund
in the county of Marion.
By a two thirds vote-yeas 96, nays none-the following bill was introduced, and by a two-thirds voteyeas 96, nays none-read th!:' first time and referred to the Committee on Corporations:
By Mr. Davis, of LumpkinA bill to incorporate the Dahlonega, Dawsonville
and Gainesville Telegraph and 'l'elephone Company.

By a two thirds vote-yeas 99, nays none-the following bill was introduced, and by a two-thirds voteyeas 07, nays none--read the first time and referred to the Committee on Finance:
By Mr. MillerA bill to prohibit the sale of alcoholic, spirituous or
malt liquors or intoxicating bitters in the county of Houston, and for other purposes.

The following bill was introduced, read the first time, and referred to the Committee on Corporations :
By Mr. "WhittleA hill to incorporate the Hawkinsville and Florida
Railroad Company.

The following bill was introduced, read the first time and referred to the Committee on Internal Improvements :
By Mr. Martin, of HoustonA bill to require the proper officials of the several
counties in this 8tate to provide fot the doing of ex-

FRIDAY, JULY 8, 1881.

35

traordinary work on the public roads at the county's expense.
By a two-thirds vote-yeas 103, nays none-the following bill was introduced, and by a two-thirds voteyeas 103, nays none- read the first time and referred to the Committee on Railroads, to-wit: By Mr. Estt>s-
A bill to amend the 'act incorporating the Gaines ville, Jefferson and Southern Railroad Company, and for other purposes, approved August 23, 1872, to authorize said road to increase the number of its directors to issue or ratify the issue of bond, and to secure the same by a mortgage of its franchises, and to fix the legal residence of said corporation.
By a two-thirds vote-yeas 10'3, nays none-the following bill was introduced, read the first time and referred to the Committee on Corporations, by a vote of yeas 96, nays none, to-wit: By Mr. Davis, of Habersham-
A bill to repeal section 3 of an act to amend an act
to incorporate the town of Clarkesville, in the county of Habersham, to appoint Commissioners for the same, and for other purposes, approved SeptemhPr 16, 1870, the amending act approved December 9, 1871.
The following bill was introduced, read the first time
and referred to the Committee on Counties and County
Lines: By Mr. Davifl, of Habersham-
A bill to provide for the altering and changing of county lines in this State.
The following bill was introduced, read the first time
and referred to the Committee on Finance:
By Mr. RankinA bill to authorize and empower the Governor of
this State to invest any public moneys in the Treasury for which there is no immediate use, and for other purposes.

36

JoURNAL OF THE HousE~

By a two-thirds v.)te-yeas 104, nays none-the following bill was introduced, and without being read, referred to the Committee on Local and Special Bills:
By Mr. Patterson-A bill to amend the charter of the city of Atlanta.

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

By Mr. Hester--
A bill to appropriate money to provide and to pay
the expenses of an official representative of the natural and agricultural resources of the State of Georgia at the
International Cotton Exposition.

The House granted permission to Mr. Ritchie to

withdraw House bill No. 366.

To Mr. Barnes to withdraw Honse bill No. 92.

To Mr. Davis, of Lumpkin, to withdraw House bill

No.12.

To Mr. Mitchell to withdraw House bill No. 405.

To Mr. Hillyer to withdraw House bill No. 344, and

also No. 345.



On motion of Mr. Wright, the rules were suspended and the following resolution taken up, to-wit:
A resolutionTo authorize the Governor to purchase certain manuscripts of the Colonial History of Georgia, and to appropriat~ one thousand dollars for said purpose.

On motion of Mr. Wright, the Rouse went into the Committee of the 'Vhole House for the purpose of considering the resolution to authorize the appropriation of one thousand dollars to purchase certain manuscripts of the Colonial History of Georgia.

Mr; Polhill, chairman of the Committee of the Whole House,_submitted the following report:
Mr. Speaker: The Committee of the Whole House have had under

FRIDAY, JULY 8, 1881.

37

consideration the resolution to authorize the Governor to purchase certain manuscript records of the Colonial History of Georgia, and to appropriate one thousand dollars for that purpose, they have instructed me to report the same back to the Honse with the recommendation that report of the majority of the Finance Committee be agreed to, which is adverse to the pasRage of the resolution.
The report was agreed to, and the resolution was lost.

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

Mr. Speaker:
The Committee on Finance have had under their consideration the following bill, which they recommend do pass, to-wit:
A bill to be entitled an act to exempt from jury duty all practicing dentists of this State.
Also, the following special bill, which they recommend do not pass, to-wit:
A bill to be entitled an act for the relief of J. E. McGuire, of the county of Bartow, and forotller purpm~PS.
The committee have also had under consideration tl:te following resolution, which they recommend do not pass, to wit:
A resolution to authorize the Governor to purchase certain manuscript of Colonial History of Georgia.
Respectfully ftubmitted, N. L. HcTCHINil, Chairman.

Minority report of the House Finance Committee, on Mr. Twiggs' resolution to authorize the purchase of Colonial Records of Georgia :
The following members of the Finance Committee disagree to the majority adverse to the passage of the resolution authorizing the purchase of the original rec-

38

.JOURNAL OF THE HOUSE,

ords of the Colonial History of Georgia, to be sold in London on the 11th of July, 1881.
These records are nePded to complete the Executives minutes of the State, and cover the years of the vury beginning of the Colony of Georgia. It is alike a matter of honor as-well as the preservation and possession by the State of invaluable history, that these written manuscripts should be bought. The period of about eight years is the unfilled gap in our original chronicles. With these vol u rnes will be lost forever to the State. We recommend the passage of the resolution.
SEABORN \V RIGHT, \V. H. PATTERSON, A. \V. HILL, S. R. Cn RIS'l'IE, G. G. FLYNl'.
Mr. Polhill, chairman of the Special Committee on the Judiciary, submitted the following report:
:J,Ir. Speaker:
The Special Committee on the Judiciary has had under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill entitled an act to provide for the compensation of the Ordinary, Clerk Superior Court and Sheriff of Lincoln county.
Also, the following hill, which they recommend do pass, by substitute, to-wit:
A bill to be entitled an act to change the time of holding Superior Court of Laurens county, and tolegalize the jurors already drawn for April term, 1881.
Also, the following bill, which they recommend do not pass, to-wit:
A bill entitled an act to locate and define the election precincts, and place of holding J nstice Uourts in and for the 1273d District. GPorgia :Militia, Douglas county.
Respectfully submitted, J. H. PuLHILL, Chairman.

FRIDAY, JULY 8, 1881.

39

Mr. Hammond, Chairman of the General Committee -on the Judiciary, submitted the following report:

Mr. Speaker :
The General Committee on the ,Judiciary have had under consideration the following bill, which they report back to the House, with the recommendation that it "do not pass," to-wit:
A bill to be entitled an act to 11.1ake verbal slander in certain cases a misdemeanor, and to provide a pen.alty therefor.
Respectfully submitted,
,V. M. HA}IMOND, Chairman.

Mr. Sweat, Chairman of the Committee on Enrollment, made the following report:

Mr. Speaker:
The Committ~e on EnrollmPnt report as d r.ly enrolled and ready for the signature of the Speaker of the House of Representatives the following resolution, to-wit:
A resolution expressing the sense of this General Assembly upon the attempted assassination of the President of the United States.
Respectfully submitted, J. L. :::lWEAT, Chairman.

Mr. Estes, Chairman of the Committee on Corporations, submitted the following report:

.Mr. Speaker:
The Committee on Corporations have had under consideration the following bills, which I am instructed to report back to the House, with a recommendation that they do pass, to-wit:
A bill to be entitled an act to authorize and empower the Intendant and Commissioner:> of the town of

40

JouRNAL OF THE Homm,

Greenville to regulate the sale of spirituous, malt and vinous liquors within tbe corporate limits of said town . . Also, a bill to amend the charter of the town of Greenville, in Meriwether county.
The Committee have also had before them the following bill, which they direct me to report back t() the House, with a recommendation that the mover of the same have leave to withdraw it, to-wit:
A bill to amend the act of incorporation of the town of Greenville, Meriwether county.
The following bill, referred to this Committee, is returned to the House, with a recommendation that it be referred to the Special Committee on Temperance, towit:
A bill to better preserve the peace in localities where thtlre is no police force kept.
Respectfully S1lbmitted, J. B. EsTEs, Chairman.

On motion of Mr. Burch, the rules were suspended and the following bill taken up and read the second time, to-wit:
A bill to chmge the time of holding Superior Court of. Laurens county. and to legalize the jurors already drawn for April Term, 1881.
On motion of Mr. McCants, the rules were suspended and the following bill taken up and read the first time (reportt>d back to the Honse from the Committee on Local and Special Bills), and referred to the Committee on Education, to-wit:
A bill to amend the several acts incorporating the town of Butler, and to authorize the Mayor and Council of said town to lt>vy and collect taxes for the purpose oi establishing and maintaining schools in said town.
By a two thirds vote-yeas 109, nays none-the following bill was introduced, read the first time, by a

FRIDAY, JULY 8, 1881.

4l:

two-thirds vote-yeas 99, nays none-and referred to the Committee on Corporations, to-wit:
By Mr. HaleA bill to incorporate the town of Rising Fawn, in
the county of Dade.
The following bill was introduced, read the firsc time and referred to the General Committee on the Judiciary, to-wit:
By Mr. HaleA bill to extend the jurisdiction of Justices of the
Peace and Notaries Public, who are ex-officio Justices of the Peace, in criminal cases.
Permission was granted to Mr. Williams to withdraw House bill No. 290.
By a two-thirds vote-yeas 105, nays none-the following bill was introduced, and by a two-thirds voteyeas 106, nays none-read the first time and refe:t+ed to the Committee on Counties and County Lines:
By Mr. RawlinsA bill for the better improvement of the public roads
of Dodge county, and for other purposes.
Leave of abst:nce was granted to Mr. Adderton, Mr. Davis, of Habersham, and Mr. "\Vright, on account of sickness ; to Mr. Nichols, till Monday, on account of" sickness in his family ; to Mr. Moore, of Hancock, and to Mr. Little, until Monday, on account of important business.
A vote was taken to allow the introduction of a bill by Mr. Rawlins, of Dodge, and also a vote to allow said bill read the first time, when the hour of adjournment arrived, and the Honse adjourned to 9 o'clock. a. m. to-morrow.

42

J uURNAL oF THE Hou~E,

ATLANTA, GEORGIA,
Saturday, July 9, 1881.
The House met pursuant to adjournment, was called to order by the Speaker and opened with prayer by Rtw. Mr. Clark, of the House.
The roll was called and a quorum found to be present.
Mr. James, from the Committee on Journals, reported the Journal of yesterday examined and approved.
Mr. \Vright gave notice of a motion to reconsider.
The Journal was then read, corrected and approved. Mr. \Vright mov~d to reconsider so much of the Journal as relatt>s to the action of the House upon the resolution to authorize the Governor to purchase certain manuEcripts of colonial history, etc.
On jllotion of Mr. McBride, the motion to reconsider was laid on the table.
The unfinished business of yesterday was resumed.
The following bill, introduced yesterday by a twothirds vote-yeas 105, nays none-and authorized to be read by a two-thirds vote-yeas 100, nays nonewas read the first time and referred to the Special Committee on the Judiciary:
By Mr. RawlinsA bill to amend an act prescribing a method of
granting license to sell spirituous or intoxicating liquvrs or bitters in the town of Eastman and the county of Dodge, in this State, and to fix the license tlwrefor and prescribe a penalty for a violation of the requirements of this act.
The following bill was read the first time and reft>rred to the Committee on the Penitentiary :
13y Mr. PostA bill to fix the date of the commencement of the
term of imprisonment in the penitentiary of this State.

SATURDAY, JULY 9, 1881.

43

The following bills were introduced, read the first time, and referred to the General Committee on the Judiciary, to-wit:
By Mr. PostA bill to repPal sections 1631, 1632, 1633, 1634 and
1635 of the Code of 1873, relating to the granting of license to peddlers or itinerant. traders in any article not manufactured in this State.
By Mr. MorrowA bill to change the time of holding the Superior
Courts of Clayton, and for other purpost>s.
By Mr. BarrowA bill to secure payment of costs in divorce cases.
Also, a bill providing extra compensation for the Clerks of the Superior Courts.
ByMr. AwtryA bill to amend section 4575 of the Code of Georgia.
Mr. Northen, Chairman Committee on Education, submitted the following report:
Mr. Speaker:
The Committee on Education have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to be entitled an act to establish a branch College of Agricultural and Mechanical Arts and Sciences at Hamilton, in this State, and for other purposes.
The Committee have also considered the following bills, which they recommend the introducers be allowed to withdraw, to-wit:
A bill to be entitled an act to regulate the distribution of the poll-tax raised for the support of common schools in thP several counties of this State.
Also, a bill to be entitled an act affecting discipline in the University of Georgia.
Respectfully submitted, W. J. NORTHEN, Chairman.

44

JouRNAL OF THE HousE,

By a two-thirds vote-yeas 104, nays none-the following bill was introduced, and by a two-thirds votAyeas 101, nays none-was read the first time andreferred to the Special Judiciary Committee :
By Mr_ ShockleyA bill to amend an act to establish a Board of Com-
missioners for the county of Columbia, and to define its powers and duties, approved February 27, 1877, so as to allow said Commissioners to elect their own Clerk.
By a two-thirds vote-yeas 108, nays none-the following bill vras introduced, and by a two:thirds vote -yeas 96, nays uone-read the first time, and referred to the Special Committee on the Judiciary :
By Mr. GaskinsA bill to require every arresting officer or citizen of
the county of Coffee to arrest any person who shall in any manner disturb any congregation or assemblage of persons for divine worship, and to take such person or persons before any Justice of the Peace for trial, and to prescribe a punishment therefor.
Permission was granted to Mr. DuBignon to withdraw House bill No.1, and to Mr. Farnell to withdraw Honse bill No. 62.
By a two-thirds vote-yAas 96, nays none-the following bill was introduced, and by a two-thirds voteyeas 104, nays none-read the first time and referred to the Committee on Agriculture:
By Mr. GaskinsA bill to allow the burning of the woods in the
county of Coffee from the lOth day of February to the 15th day of April in each year.
By a two-thirds vote-yeas 109, nays none-the following bill was introduced, and by a two-thirds voteyeas 103, nays none-read the first time and referred to the Special Committee on the Judiciary :

SATURDAY, JULY 9, 1881.

45

By Mr. GaskinsA bill to amend an act fixing the amount of license
for selling intoxicating liquors in the counties of Wayne, Liberty and Coffee and Appling, so as to include within the same any and all beers, ciders, bitters or nostrums, whether patented or not, which will produce intoxication.

The following bill was introduced, read the first time and referred to the Committee on Agriculture:
By Mr. Orr-A bill to prevent hunting with dogs in fields of
growing cotton in the months of September and October, in this State.
By a two-thirds vote-yeas 112 nays none- the following bill was introduced, and by a two-thirds voteyeas 93, nays none-read the first time and referred to the Special Committee on the Judiciary :
By Mr. SweatA bill to prescribe the manner of having the lines
and corners of certain lots ot land in Clinch county
established, where the same have been granted but no lines or corners established by the State.
By a two-thirds vote-yeas 105, nays none -the following bill was introduced, and by a two-thirds vote -yeas 101, nays none-read the first time and referred to the Special Committee on the Judiciary :
By Mr. SweatA bill to repeal so much of an act to prevent seining
for fish in the waters of Suwannochee and Tom's creeks as relates to the county of Clinch.
By a two-thirds vote-yeas 110, nays none- -the following bill was introduced, and by a two-thirds voteyeas 99, nays none-read the first time and referred to the Special Committee on the Judiciary:
By Mr. TurnipseedA bill to permit the people of Clay county to hold

46

JouRNAL oF THE HousE,

an election to determine the question of "prohibition" or "no prohibition" of spirituous liquors.
By a two-thirds vote-yeas 104, nays none-the following bill was introduced, and without being read, referred to the Committee on Local and Special Bills:
By Mr. BarrowA bill to amend an act to prevent the sale of farm
products between the hours ot sunset and sunrise in
the counties of Lincoln, Brooks, and other counties, approved August 23, 1872, so as to apply the provisions of said act to the county of Clarke.
By a two-thirds vote-yeas 101, nays none-the following bill was introd need, and by a two- thirds voteyeas 99, nays none-read the first time and referred to the Special Committee on the Judiciary:
By Mr. BarrowA bill to provide for the issuing new bonds of the
county of Clarke, to take up the outstan1.ing indebtedness of the county.
By a two thirds vote-yeasf106, nays none-the following bill was introduced, and by a two-thirds vote -yeas 88, nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. BarrowA bill to incorporate the Athens Mutual Insurance
Company. By a two-thirds vote-yeas 101, nays none-the fol-
lowing bill was introduced, and by a two-thirds voteyeas 91, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. MaddoxA bill to amend an act creating a Board of Com-
missioners for Chattooga county, approved March 4, 1875, by providing compensation for said Board and conferring additional powers.
On motion of Mr. DuBignon, the rules were sus-

SATURDAY, JULY 9, 1881.

47

pended and the following Senate resolution was taken up, read and concurred in, to-wit:
A resolution for the appointment of a committee to investigate the condition of the lunatic asylum, and to report on the same.
By a two-thirds vote-yeas 117, nays none-the following bill was introduced, and by a two-thirds voteyeas 112, nays none-read the first ti~e and referred to the General Committee on the Judiciary, to-wit :
By Mr. Basinger.A. bill to enlarge the jurisdiction of the City Court
of Savannah, to prevent the Judge thereof from practicing law, and for other purposes.
By a two-thirds vote-yeas 111, nays none-the following bill was introduced, and, without bei:trg read, was referred to the Committee on Local and Special Bills, to-wit :
.By Mr. Basinger.A. bill to amend the charter of the Savannah, Flor-
ida and 'Vestern Railway Company.
By a two-thirds vote-yeas 118, nays none-the following bill was introduced, and by a two-thirds voteyeas 107, nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. Awtry.A. bill to amend the corporate limits of Bowdon,
Carroll county.

The follo-wing message was received from the Senate through l\Ir. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has concurred in the resolution of the House of Representatives appointing a joint committee, to report within fifteen days, fixing a day for early adjournment of the General Assembly, and have ap-

48

JoURNAL OF THE HousE,

pointed on the part of the Senate, Senators Guerry, Hackett and Price.

.Also, a resolution for the appointment of a committee to investigate the condition of the lunatic asylum, and to report on the same, and have appointed on the part of the Senate, Messrs. Bond and DP-nmark.
.And I am directed to transmit the same forthwith to the House of Representatives.

Mr. Polhill, Chairman of the Special Committee on the Judiciary, submitted the following report:

Mr. Speaker:
The Special Committee on the Judiciary has had under consideration the following bill, which they recommend do pass, to- wit :
.A bill to be entitled an act to change the time of holding the Superior Court in the county of Quitman.
Respectfully submitted, J. H. PoLHILL, Chairman.

Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report :

Mr. Speaker:
The General Committee on the Judiciary have had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to alter and amend the fees of the Justices of the Peace and Notaries Public in this State.
.Also, a bill to provide places for holding Justice's Courts .
.Also, a bill to compensate certain officers for services rendered where by law no adequate compensation is furnished .
.Also, a bill to authorize and require the Clerks of the Superior Courts to cancel the record of deeds made to

SATURDAY, JULY 9, 1881.

49

secure debts, mortgages, and other liens required by law to be recorded.
The Committee have also bad under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to provide for the compensation of certain public officers of this State.
The committee have also bad under consideration the following bill, which they recommend do pass, by substitute, to- wit :
A bill to amend section 3648 of the Revised Code of 1873, which empowers certain judicial officers to order the summary sale of personal propt;rty, so as to require two days' notice to parties defendant.
Respectfully submitted, WM. M. HAMMOND, Chairman.

Mr. N orthen, chairman Committee on Educationt submitted the following report:

Mr. Speaker :
The Committee on Education have bad under consideration the following bill, which they recommend do pass, to- wit :
A bill to be entitled an act to provide for a Local Board of Trustees for the College of Agricultural ancl Mechanical Arts and Science at Hamilton, in this State, 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.
Respectfully submitted, W. J. NoRTHEN, Chairman.

Mr. Gray, chairman of the Committee on Local and Special Bills, submitted the following report ;

Mr. Speaker:
The Committee on Local and Special Bills have had 4

.50

JouR:"fAL OF THE HoUSE,

under consideration the following bills, which they find incapable of bPing consolidatt:>d with any othPr bill or bills, and report the same back to the House for a first reading and ref...rence, to-wit:
To be read and referred to the Special Judiciary : A bill to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Effingham, and to increase the fee for the same to five thousand dollars. Also, a bill to be entitled an act to repeal an act entitled an act to organize a County Court for the county of Randolph, approved February 21, 1876, and for other purposes. Also, a bill to repeal an act to consolidate the offices of the County Treasury and Clerk of the Superior Court of the county of Webster, and to provide for the compensation of the same, and for other purposes, approved February 19, 1876. .Also, a bill to provide the method of granting license to sell spirituous or intoxicating liquors in the county of Screven, and increase the fee for said license to ten thousand dollars, and for other purposes. .Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenue of the county of Webster, define their powers and duties, and for other purposes, approved February 14, 1873. Also, a bill to be entitled an act to amend an act, approved March 2, 1875, relating to the county of Butts, so as lo make the same apply to 217th and 218th and 220th Militia Districts of the county of Clarke. Also, a bill to be entitled ae act to prescribe the mode of granting license to sell spirituous liquors in the county of Telfair, in this State, and also within the corporate limits of the incorporated towns in said county, and to prescribe a fee of five thousand dollars, and for other purpose~. .Also, a bill to amend an act to create a Board of Commissioners of .Roads and Revenues for the county

SATURDAY, JULY 9, 1881.

51

<>f Webster, define their powers and duties, and for other purposes, approved May 23, 1872.
Also, a bill to be entitled an act to provide for the creation of a Board of Commissioners of Roads and Revenues for the county of Habersham, and to define the powers and duties thereof.
Also, a bill to be entitled an act to make it a misdemeanor for any person to set fire to the woods of another in the county of Clinch, where the same is pro tected by natural or artificial boundaries, and the owner does not desire the same burned, to provide a punishment for same, and for other purposes.
Also, a bill to be entitled an act to prohibit the sale of spirituous, intoxicating or malt liquors in the town Stockton, Clinch county.
Also, a bill to be entitled an act fixing the license for the sale of spirituous, intoxicating or malt liquors in the county of Clinch at fifteen hundred dollars, and for other purposes.
Also, a bill to be entitled an act to provide for the payment of extra compensation to the Sheriff and Clerk of Burke county, Georgia, for their services during the terms of the Superior Courts of said county.
Also, a bill to be entitled an act to prohibit the sale or furnishing spirituous, malt or other intoxicating liquors or bitters, in any quantity, either by wholesale or retail, within the limits of the 714th district, G. M., Carroll county, Georgia.
Also, a bill to be entitled an act to prohibit the sale of spirituous, malt or intoxicating liquors, in any quantity whatever, within two miles of the court-house in the town of Cleveland, in the county of white, except upon the written prescription of a regular licensed physician, and to provide a penalty therefor.
AlE>o, a bill to prescribe the manner of granting license to sell spirituous or intoxicating liquors in the town of Eastman, county of Dodge, in this State, to

52

JouRNAL oF THE HousE,

fix the license therefor and to prescribe a penalty for violation of the requirements of this act, and for other purposes.

'ro be read and referred to the Committee on Corpo-

rations:

A bill to be entitled an act to amend an act entitled an act to incorporate the town of West End, etc.

Also, a bill entitled an act to incorporate the Rome and Carrollton Railroad Company.

Also, a bill to be entitled an act to amend the several laws incorporating the city of Milledgeville, in refer-

ence to the election of Marshall and Deputy Marshall

therein.



Also, a bill to be entitled an act to change the corporate limits of the town of Cedartown, in the county of Polk, so as not to include within the limits of said incorporation the land and buildings of the Cherokee Iron Company.
Also, a bill to be entitled an act to incorporate the Savannah Transportation Company, and to authorize

said Comrany to build and operate a railroad extending from the Central Railroad, in the city of Savannah, through West Broad and Bay streets to the Central Railroad wharves, thence to the wharves of the Savan nah, Florida and Western Railway, connecting with

the wharves, and cotton presses between those points, and with the depot of the Savannah, Florida and Western Railway, and for other purposes.

To be read and referred to Finance Committee:
A bill to provide for the compensation of the Treasurer of the county of Webster.
Also, a bill to be entitled an act to amend an act entitled an act to authorize the issue of interest bearing bonds by the Mayor and Council of the city of Macon.
Also, a bill to be entitled an act to authorize the compromise and adjustment of the claims due to How-

SATURDAY, JULY 9, 1881.

53

ard Van Epps for insolvent costs as Solicitor-General of the City Court of the city of Atlanta.
Also, a bill to be entitled an act to allow John vV.
Buchanan and David Lovet to peddle without license in this State.

To be read and referred to Committee on Education:
A bill to be entitled an act to provide for the colleclection of poll tax of the city of Americus by the Mayor and Council of said city, and to allow said authority to appropriate the same to the public schools of said city.
Also, a bill to be ~ntitled an act to authorize the Board of Public Education and Orphanage of Bibb county to collect the poll tax for said county from the Tax-Collector of said county, and to make settlement with the said officer for the same.
Also, a bill to be entitled an act to provide a more thorough and perfect system of common schools for the -county of Clinch, and to repeal and superceed all existing laws in relation thereto, so far as applicable to said county.

To be read and referred to the Committee on Railroads:
A bill to be entitled an act to incorporate the Cleveland and Lula Railroad Company.

To be read and referred to the Committee on Agri-culture:
A bill to be entitled an act to protect the agricultural interests of Habersham county.

To be read and referred to the Committee on the Gen-eral Judiciary :
A bill to be entitled an act to prescribe the manner Of paying jurors and bailiff:3 of Dodge county.
Also, a bill to be entitled an act to prohibit camp hunting in the county of Clinch by non-residents.

54

JouRNAL OF THE HousE,

Also, a bill to order an election to determine the sale ofliquors in the county of Worth.
Respectfully submitted, ARTHUR H. GRAY, Chairman.

Mr. James offered the following resolution, which was read and agreed to, to-wit:
A resolutionThat this House adjourn at 12 o'clock m. to-day until 10 o'clock a. m. Monday.

On motion of Mr. Polhill, the regular order was suspended, and all bills which have been before the Committee on Local and Specials, and reported back by said committee were taken up.
Under this resolution the following bills were read the first time and referred as follows, to-wit:
By Mr. BarrowA bill to provide for thP, payment of the debt of
Clarke county, and to meet the annual current expenses of said county.
Referred to the Special Committee on the Judiciary.
By Mr. LewisA bill to suspend an act to create a Board of Com
missioners of Roads and Revenues in the county of Milton.
Referred to the Special Committee on the Judiciary.
By Mr. Tharpe-A_ bill to provide for the payment of the interest on
the bonds of the city of Macon. Referred to the Committee on Finance.
By Mr. BasingerA bill to provide for the payment of ten coupons, of
the sum of $35 each, due January 1, 1873, of theM. & B. R. R., endorsed by the State.
Referred to the Committee on Finance.
By Mr. LaneA bill to amend an act authorizing the issue of in-

8ATURDAY1 JULY 9, 1881.
terest bearing bonds by the Mayor and Council of the city of Macon, for refunding the present bonded deht,. for funding that part of the floating debt of the city, and for other purposes.
Referred to the Committee on Finance.
By Mr. ShockleyA bill to incorporate the town of Grovetown, in the
county of Columbia. Referred to the Committee on Corporations.
By Mr. BarrowA bill to be entitled an act to provide for compc>nsa-
tion of the Solicitor-General of the vVestern Circuit for services in criminal cases in Clarke county.
Referred to the General Committee on the Judiciary.
By Mr. SummerlinA bill to exempt from jury duty the active members
of Howell's Artillery. Referred to the Special Committee on the Judiciary.
By Mr. McBrideA bill to repeal an act to keep open and remove ob-
structions to the free passage of fish in the waters of all rivers and mouths of creeks of this State, so far as the same applies to the county of Haralson.
Referred to the Special Committee on the Judiciary.
By Mr. RawlinsA bill to repeal the 2d section of an act to repeal an
act, approved February 27, 1877, to rt>peal an act to create a County Court in each county in the State, except certain counties therein named, approved January 19, 1872, so far as the same relates to the county of Dodge, and to abolish the County Court of Dodge county.
Referred to the Special Committee on the Judiciary.
By Mr. Lane-A bill to prohibit buying, selling, delivering or re-
ceiving any farm products ~herein specified between

56

JOURNAL OF THE HOUSE,

the hours of sunset and sunrise, in the county of Bibb.
Referred to the Special Committee on the Judiciary.
By Mr. Jones, of BakerA bill to authorize the Board of Commissioners of
Roads and Revenues of Baker county to levy and collect a tax of 50 per cent. on the State tax for 1881 and 1882, and for other purposes.
Referred to the Special Committee on the Judiciary. Also, a bill to repeal an act to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Baker, approved February 20, 1877. Referred to the Special Committee on the Judiciary. By Mr. KimseyA bill to repeal so much of an act to carry into effect paragraph 2, section 18, article 6, of the Constitution, so far as to provide for the revision of the jury box, and for other purposes, approved October 17, 1879, as relates to the county of \Vhite, and to re-establish the old Jury Commissioners and the statutes relative thereto for said county. Referred to the Special Committee on the Judiciary. By Mr. J?cksonA bill to fix the compensation of the Solicitor of the County Court of Richmond. Referred to the Special Committee on the Judiciary. By Mr. Price-A bill to create the office of County Solicitor for the County Court of Oconee county, and provide for the appointment and compensation of the Solicitor. Referrnl to the Special Committee on the Judiciary. By Mr. WrightA bill to establish a system of public schools for the city of Rome. Referred to the Committee on Education. By Mr. BasingerA bill to incorporate the Savannah Storage Company.

SATURDAY, JULY 8, 1881.

57

Referred to the Committee on Corporations.
By .Mr. BarrowA bill to amr>nd an act approved :March 2, 1875, re-
lating to the county of Butts, so as to make the same apply to 217th, 218th and 220th districts, G. M., of the county of Clarke.
ReferrPd to the Special Committee on the Judiciary.
By Mr. BirdA bill to prescribe the method of granting license to
sell spirituous or intoxicating liquors in the county of Effingham, and to increase the fee for the same to five thousand dollars.
Referred to Special Judiciary Committee.
By Mr. RawlinsA bill to allow John W. Buchanan and David Lovet
to peddle in the State of Georgia without paying Ji. cense.
Referred to the Committee on Finance.
The Speaker appointed as the committee on the question of the state of business, with a view to early adjournment, on part of the House, Messrs. Miller, Polhill, Hammond, Crawford and Gray.
As the committee to visit the lunatic asylum, DuBignon, Perkins and Davis, of Habersham.
Leave or absence was granted to Messrs. Bates, Kimsey and Harp, on account of sickness.
The House then adjourned till 10 o'clock a. m. :Monday.

ATLANl'A, GEORGIA,
Monday, July 11, 1881.
'fhe H,mse met pursuant to adjournment, was called to order by the Speaker and opened with prayer by Mr. Henry, of the House.
The roll was called and a quorum found to be present.

68

JoURNAL oF THE Hou:~E,

Mr. James, from the Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal was then read and approved.

On motion of Mr. Burch, the rules were suspended and the following bill taken up, read the third time and passPd, by substitute, by the requisite constitutional majority-yeas 112, nays none, to-wit :
A bill to change the time of holding the Superior Courts in the county of Laurens, and to legalize jurors already drawn.
On motion of Mr. Day, the use of the hall was grant3d to the citizens of Atlanta for Thursday p. m., the 14th instant.

On motion of Mr. Burch, the action of the House on this bill was ordered at once transmitted to the Senate.
Mr. Lamar, chairman of the committee to report resolutions on the death of Ron. A. J. Hansell and of Ron. John Wilcox, submitted a report, which was made the special order for Wednesday next at 11:30 o'clock a. m.
The call of the roll of counties was resumed.

By a two-thirds vote--yeas 112, nays none-the following bill was introduced, and by a two-thirds voteyeas 103, nays none-read the first time and referred to the Committee on Corporations, to- wit:
By Mr. Zellars. A bill to amend the act incorporating the town of Palmetto, of Campbell county, and to appoint Commissionere, etc., approved February 18, 1854, by changing the corporate name of said town from a Board of Commissioners to a Mayor and Council, provide for their election, and confer specific corporate powers on them, and for other purposes.
By a two-thirds vote-yeas 109, nays none-the following bill was introduced, and by a two-thirds vote-

MoNDAY, JuLY 11, 1881.

59

yeas 106, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. Wilson, of CamdenA bill to consolidate the offices of Sheriff and Tax-
Receiver in the county of Camden.
By a two-thirds vote-yeas 100, nays none-the following bill was introduced, and by a two- thirds voteyeas 98, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. Wilson, of CamdenA bill to increase the license for selling intoxicating
liquors from twenty-five to five thousand dollars in the county of Camden.
By a two thirds vote-yeas 111, nays none-the following bill was introduced, and by a two-thirds voteyeas 103, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. Wilson, of CamdenA bill to repeal all the laws concerning the registra-
tion of voters in Camden county.
The following bill was introduced, read the first time and referred to the Committee on Public Property:
By Mr. Mays, of Butts-A bill to lease the ten acres of land at Indian Springs,
in Butts county, belonging to the State, and to require the preservation of said spring and reservation.

Permission was granted to Mr. Heath to withdraw Honse Bill No. 213.

The following bills wert- introduced, rf'ud the first time and referred to the General Committee on the Judiciary, to-wit:
By Mr. Wilson, of BullochA bill to transfer the county of Bulloch from the
Eastern to the Middle Judicial Circuit.

60

JouRNAL oF THE HousE,

By Mr. Bacon, ot Bibb-A bill to prescribe the mode of equity practice in
certain cases, and for other purposes.
Also, a bill to regulate the practice in equity causes referred to masters in chancery, and to prescribe the mode of trial of exceptions filed to the reports of masters in chancery, and for other purposes.
By Mr. BransonA bill to confine in the lunatic asylum persons
guilty of murder or manslaughter, and who escape on account of the plea of insanity.
By Mr. GarrardA bill to require all Clerks of the Superior and
City Courts to make immediate record of certain original papers filed in officE', to prescribe penalties for failure on the part of said Clerks to comply with the requirements of this act, and to provide for the use of certified copies of said record.
By Mr. BasingerA bill to declare and make plain the bounds and
limits of the militia districts of Chatham county which lie outside the city of Savannah.
By Mr. Palmour-A bill to repeal an act to amend section 1646 of the
Code, in relation to the fee of Solicitors-General, assented to October 16, 1879.
Also, a bill to repeal an act to rept>al section 4323 of the Code of 1873, to prescribe the punishment of persons convicted of murder, and for other purposes, approved December 16, 18i8.
By Mr. JamesA.bill to amend section 4372 of the Code of 1873.
By a two-thirds vote-yeas 115, nays none-the following bill was introduced, and by a two-thirds voteyeas 102, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:

MoNDAY, JuLY 11, 1881.

61

By Mr. KennedyA bill tv repeal an act establishing a Board of Road
Commi::>sioners, and to provide a system of working the public roads in the county of Bryan, and for other purposes, and provide for the working of said roads according to the general road laws of this State.
By a two-thirds vote-yeas 106, nays none-the fol lowing bill was introduced, and by a two-thirds voteyeas 98, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: .
By Mr. ArringtonA bill to fix the pay of Grand and Petit Jurors of
the county of Brooks.
By a two-thirds vote-yeas 101, nays none-the following bill was introduced, and by a two-thirds voteyeas 101, nays none-read the first time and referred t~ the Committee on Corporations, to-wit:
By Mr. TharpeA bill to amend the several acts incorporating the
city of Macon, so as to provide for the election of the Clerk and Treasurer of said city by the Mayor and Aldermen thereof.
By a two-thirds vote-yeas 101, nays none-the fol-
lowing bill was introduced, and by a two-thirds vote
-yeas 101, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. TharpeA bill to amend the several acts incorporating the
city of Macon, so as to abolish the Mayor's Court and establish a Recorder's Court for said city, and define its jurisdiction, and for other purposes.

Mr. Northen, chairman Committee on Education,. submitted the following report :

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

62

JouRNAL oF THE HousE,

sidt>ration the following bill, which they recommend do pass, as amended, to-wit:

A bill to be entitled an act to amend the sevPral acts incorporating the town of Butler, and to authorize the Mayor and Council of said town to levy and collect taxes for the purpose of establishing and maintaining schools in said town.
Respectfully submitted, W. J. NoRTHEN, Chairman.

By a two-thirds vote-yeas 101, nays none-the following bill was introduced, and by a two:thirds voteyeas 101. nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. TharpeA bill to authorize the Mayor and Council of the city
of Macon to submit the question of purchasing the Buldridge property for a school house for colored children, and whether the debt of said city shall be increased $2,500 therefor.
By a two-thirds vote-yeas 101, nays none-the fol lowing bill was introduced, and by a two-thirds voteyeas 101, nays none-read the first time and referred to to the Committee on Corporations, to-wit:
By Mr. TharpeA bill to authorize the Mayor and Council of the city
.of Macon to submit to the qualified voters of said city the question of making a contract with the Macon Gas Light and \Vater Company for five years, with the power of renewal for five years, whether the debt of the -city shall be increased therefor, and for other purposes.
By a two-thirds vote-yeas 101, nays none-the following bill was introduced, and by a two-thirds voteyeas 101, nays none-read the first time and referred to the Committee on Corporations, to-wit:

MONDAY, JULY 11, 1881.

63

"By Mr. TharpeA bill to amend the ~barter of the city of Macon, by
~mlarging and extending the power and authority of the Mayor and Council of said city over the health thereof, to create a Board of Health for said city, and to confer additional powers upon said board.

By a two-thirds vote-yeas 101, nays none-the following bill was introduced, and by a two-thirds vote_yeas 101, nays none-read the first time and referred to the Committee on Finance, to-wit:
By Mr. TharpeA bill to authorize the Board of Public Education
.and Orphanage of Bibb county to collect the poll tax for said county from the Tax-Collector for said county, and to make settlements with said officers for the same.
By a two-thirds vote-yeas 100, nays none--the fol-
lowing bill was introduced, and by a two-thirds vote_yeas 100, nays none-read the first time and referred to the Committee on Corporations, to-wit :
By Mr. MilnerA bill to amend the act incorporating the city of Car-
tersville, approvel August 27, 1872, so as to provide for four Aldermen instead of eight, for the comp~nsa tion of the Mayor and Aldermen, for the election of Marshal by the legal voters of said city, and to require the Treasurer and Tax-Collector to give bond and seCurity.

On motion of Mr. McCants, the rules were suspended .and the following bill read the second time, to-wit:
A bill to amend the several acts incorporating the town of Butler, and to authorize the Mayor and Coun.cil of said town to levy and collect taxes for the purpose of establishing and maintaining schools in said town.

On motion of Mr. Feagin, the rnles were suspended

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JouRNAL OF THE Hous~

and the following bill, rt>ported back from the Committee on Local and Spenial Bills, was read the first time and referred to the Committee on E1uc~tion, to-wit:

A bill to provide for the collection of poll tax of the city of Americus by the Mayor and Council of said city, and to allow the said author-ity to appropriate the same to the public school fund of said city.
The following bills were introduct>d, read the first time and referred to the special Committee on Temperance, to-wit:
Hy Mr. BransonA bill to make intoxication under certain circum-
stances a misdemeanor, and for other purposes. Also, a bill to abolish tippling housPs, and to sup-
press dram drinking, and for other purposes.
Tha following bill was introduced, read the first time and referred to the Committee on Agriculture, to wit:
By Mr. Jones, of BakerA bill for the protection of fish which have been da-
posited in the various rivers and their tributaries by the General Government.
By a two-thirds vote-yeas 102, nays none-the following bill was introduced, and by a two-thirds voteyeas 104, nays none-read the first time and referred to the Committee on Finance, to-wit:
By Mr. GarrardA bill for the relief of Elder Jas. W. Howard, and
Deacons D. M. Morris and '\VeslPy H. Tice, of the 2d Baptist Church of the city of Columbus, to confirm their title to certain lands in block 13 in the survey of the city commons, and to enable them to sell the same, and reinvest the same in church property, to be held for the use of said church.
The following bill was introducPd, read the first time and referred to the Committee on Finance, to- wit :

MoNDAY, JuLY 11, 1881.
By Mr. MaddoxA bill to arnend the act to carry into effect the last
clause of paragraph 1, section 1, article 7 of the Constitution, approved September 20, 1879, so as to include all soldiers who bad limbs rendered useless from wounds whilst in said service.
On motion of Mr. DuBignon, House bill No. 61 was. recommitted to the Committee on Public Property.
The following bill was introdneed, read the first time, 250 copies ordered printed for the nse of the House, and referred to the Committee on Public Property, towit:
By Mr. BarrowA bill to provide for the erection of a State capitoL
building, and to appropriate money for the samt:l, and for other purposes.
The following bill was introduced, read the first timeand referred to the Committee on Railroads, to-wit:
By Mr. GaskinsA bill to confer police powers upon. conductors of
railway trains in this State, and for the protection of passengers on all railway trains in this State.
By a two-thirds vote-yeas 103, nays none-the following bill was introduced, and by a two thirds voteyeas 97, nays none-read the first time, and referred tothe Committee on Counties and County Lines, to-wit:
By Mr. PalmourA bill to change the line between the counties of
Cherokee and Dawson.
The following bill was introduced, read the first timeand referred to the Committee on Education, to-wit:
Bv Mr. HesterA bill to carry into effect articie P, section 4 of the-
Constitution, in relation to the establishment and maintenance of public schools, and for other purposes.
5

JoURNAL oF THE HousE,
Permission was granted to Mr. James to withdraw House bill No. 47, and House bill No. 48.
On motion of Mr. Milner, the session was prolonged till the following report was read :
Mr. Milner, chairman of the Special Committee, appointed to visit and inspect the convict camps, submit~ ted the following report :
Mr. Speaker :
The Special Committee appointed by authority of the resolution which passed the liouse of Representatives on the 4th day of December, 1880, to visit and inspect the various camps of the penitentiary of the State, Juring the recess of the General Assembly, and make full and complete report to July session, 1881, beg leave to submit the following report:
The committee organized at Atlanta on the 24th day of May, 1881, and from that day to the 12th day of June were engaged in visiting and inspecting the various camps and convicts. Every effort was made to gather all the information the committee could obtain concerning the condition and treatment of the convicts from the lessees and their employees, the committee taking the precaution to interview and examine the convicts, at each camp, separate from the keepers having them in charge.
The committee visited, first, the camp in the county of Dougherty. There are three camps in this county belonging to Penitentiary No. 2, having at that time 130 pri~oners. Convicts are employed at farm labor. The quarters at each camp consist of a main building for the male convicts, a separate building for the females, and hospital for the sick, all enclosed be a secure stockade. The buildings afford sufficient room for the number confint>d therein. They complain that they are required to work from twelve to fifteen hours per day, and that sufficient time is not allowed them for rest and

MoNDAY, JuLY 11, 1881.

67

.sleep. The arrangements for sleeping are as follows: a bunk is constructed on either side of the building, on which is placed straw ma.ttresses and blankets. The convicts are fastened to one main chain at night, and a -space of three feet allowed to each man. From appearances, the committee f:tre of the opinion that the beds and bedding are not kept as neat as possible, the same being very dusty, and badly in need of sunlight and air. The clothing furnished is the striped suit required by law, and they are required to wash their persons and put on clean clothes every Sunday morning. But little or no attention seems to be paid to bodily cleanliness at any other time. The convicts complain of a want of water facilities in the buildings and stockades -no opportunity being afforded them to wash their hands and faces daily. The food is plain and wholesome, but complaint is made that, at times, it is not issued to them in sufficient quantity. The physician in charge resides at Albany, a distanee of twelve miles from one camp, eight miles from another, and six from the other, and, we are informed, is required to visit each camp twice a week. TiJ.e committee found, at one of these camps, a convict sick, locked within the main building, without a nurse, and in need of medical attention; and, at another camp, a sick convict, in the main building, without a nurse, and in need of medical attention. The convicts complain that they are often required to do labor, and are punished for disobedience, when they are physically unable, from sickness, to do work.
The committee find at these camps colored men employed as guards, and at two of the camps colored whipping bosses. We find here vegetable gardens at each camp for use of convicts. The committee were informed by those in charge, that Divine services were had in the camps at the times and manner required by law. Card playing, and other like games, are indulged in by the convicts on the Sabbath day.

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At the time we visited these camps we found three convicts, to-wit: Charles Mangham, Gabe Morris and Nancy Moulton, who had been discharged by the Principal Keeper, under discharges dated: Charles Mangham, May 23d, 1881; Gabe Morris, May 2d, 1881; Nancy Moulton, April 9th, 1881, but still confined at labor by the lessees, who claims that the discharges were improperly granted. The mode of punishment is whipping on the naked person, with a leather strap, and the convicts complain that at times it is severely and cruelly inflicted, and that the women are whipped on their naked persons in the presence of the men.
We next visited the camp on the vVaycross and Jacksonville R. R. 'fhis is a branch camp of Penitentiary Co. No. 3, has 82 eonvicts, and they are employed in building railroads. The quarters consist of main building, hospital, and cooking shanty, all enclosed in a stockade. The buildings, on account of the employment, are necessarily temporary, but are of sufficient capacity for the number of convicts required to sleep in them. We find the convicts of this camp work from 10 to 12 hours per day.
No complaint was made as to t!-:.e time allowed them for rest and sleep. The bunks, beds and bedding were similar to those at the camp in Dougherty. The building was very dirty, and in need of airing and sunlight. The elothing was the striped suit required by law. They are required to wash their persons and put on clean clothes every Sunday morning. The water privileges are very deficient, and is not furnished to the convicts as their neeessities require for bathing purposes. The food is plain and wholesome. vVe heard no complaint as to the quantity dealt to them. The physician in charge resides at Waycross, a distance of twenty miles from the camp, and is required to visit it twice a week, and oftener, if specially called. W a found the convicts at work twenty miles from the camp, and during our inspection we found two of them

MONDAY, JULY 11, 1881.

69

.at work who, from sickness and injuries should have been in the hospital. We find considerable complaint that punishment is severely inflicted with a leather strap by the whipping boss. The committee saw on the bodies of some of the prisoners unmistakable evidence in support of this. Divine services are held on the Sabbath as required by law.
OLD TOWN.
At Old Town Camp of Penitentiary No. 3, we find 112 convicts employed at farm labor. The quarters consist of main building, hospital, and separate building for females, all enclo3ed in substantial stockade. The buildings are well constructed, of sufficient -capacity, and well ventilated. The beds and bedding about the same as at the two pnceding camps. 'Vater is brought into the stockade by means of a hydraulic ram, and is supplied to them in such quantities as their necessities require. They are required to wash themselves and put on clean clothes every Sunday morning. The clothing is the striped suit required by law. The convicts say they are required to work from 12 to 14 hours per day. There is some complaint that they are not allowed sufficient time for rest and sleep. 'The food is similar in quality to that of the preceding camps. 'fhe cooking facilities are fine, and the food is well cooked. Large vegetable gardens are cultivated for the use of the convicts. There was no ~om plaint made to us as to the quantity of rations issued to them. The physician in charge resides at the camp, and daily inspects the quarters and prisoners, and no convict is required to work when physically unable from sickness to do labor. The hospital is neatly kept by a regular steward, and the sick are well treated and cared for. The prisoners complain that at times, when Capt. James, the lessee, is absent, they are abused and cruelly punished by the overseers and guards. Divine services are held as provided by stat-
ute.

70

J ouRN.AL oF THE HousE,

We next visited the .Richmond county camp, belonging to Penitentiary Company No. 2, which is located at Augusta, and in an apparently unhealthy locality. There are 84 convicts, and they are employed in the manufacture of bricks. The general appearance of the convicts is not very good. The quarters consist of a main building for males, a separate building for females, and hospital and cooking department, all enclosed in a stockade. The committee think the ventilation of the buildings is defective. The convicts complain that they are required to work from 12 to 14 hours per da.r. and that often they are not allowed sufficient time to eat and sleep. The sleeping arrangements are similar to those previously mentioned at other camps. Sufficient attention isn ot given to cleanliness and airing of the beds and bedding. The food is plain and wholesome. Some complaint was made that at times it is not sufficient in quantity, and that water is not afforded them in sufficient quantities for bathing purposes. The physician in charge resides at Augusta, and is required to visit the camp three times a week, and as often as he deems necessary. vVe inspected the convicts while at work, and found one of them, in the opinion of the committee, too unwell to work, and at the request of the committee be 'vas taken from the chain and put in the building. We noticed several of the prisoners whose limbs were in a swolen condition, caused, in our opinion, by working in mud and water, and sleeping in wet clothing. A female convict gave premature birth to a child, on the murz:!ing of the day we were at the camp, brought on, she said, by o'erwork. She was six months advanced with child, and bad been a convict for some three years. It is due the lessees in charge
to state that they informed the committee that the woman was one of 'Howard's convicts,'' and that she was pregnant when she came to their camp. Corporeal punishment is inflicted with a leather strap for

MoNDAY, JuLY 11, 1881.

71

violation of rPgulations, and complaint was made that at times is severely inflicted. And it is alleged that the women are taken down and whipped on the naked person in the presence of the men. The clothing is the stripes required by law, and they are required to wash their persons, and put on clean clothes every Sunday morning.
At Fontenoy, Greene county, camp, we find 92 convicts of Company No. 3. The quarters consist of a main building, hospitat and a sep~rate building for the women, all enclosed in a stockade. The buildings are well located and constructed. The convicts are employed at farm labor, and they complain that they are worked from twelve to fourteen hours per day. The food was plain and wholesome, and some complaint is made as to the quantity issued. The clothing the same as in use at other camps, and they are required to wash their persons, and put on clean clothes every Sunday morning.. Sleeping arrangements, beds and bedding, about the same as found at the other camps. Water facilities and privileges are sufficient. The physician lives near the camp, and the sick seem to be well cared for. Heard no complaint that they are required to do labor when physically un:: ble to work. We find that corporeal punishment Pxists at this campalso, and complaint was made that, at times, it is severely inflicted.
We next visited the camp in the county of Oglethorpe, belonging to PenitPntiary Company No. 3. There are 68 convicts confined here. The prisoners' quarters consist of a main building for males, and separate building for female convicts, and a hospital, enclosed witbiu a stockade. The convicts are employed at farm labor. The food is plain and wholeso'me, and issued in sufficient quantities. The convicts are worked from ten to twelve hours per day. The clothing furnished is such as is provided by law, and convicts are required to change clothing once a week. Every

72

JouRN.AL oF THE HousE,

Sunday morning they are required to wash themselves, and put on clean clothing. The sleeping arrangements are similar to those of the camps previously mentioned. The physician in charge of the camp lives at Winterville, six miles from the camp, and is required to visit the camp two or three times per week, and as often as he may deem it necessary. We heard of no complaint that men were required to work when sick. The water privileges are good, and furnished to the convicts as freely as their necessities require. Corporeal punishment is inflicted. and complaint was made that at times punishment was inflicted with a leather strap severely for violation of regulations. Divine service is had at the camp as often as the statute provides. We find good vegetable gardens for the convicts.

MARIETTA .AND NORTH GEORGI.A R.AILRO.AD.
At thR Marietta and North Georgia Railroad camp we find 161 convicts employed in building that road, . and are held by the Marietta and North Georgia Railroad under an act of the Legislature. The buildings are very inferior, and do not afford sufficient room and ventilation for the number required to sleep in them. While these buildings are only temporary, the committee are of the opinion that they could and should be made, and kept in a more decent and comfortable manner. The buildings are enclosed in stockades. We heard no complaint of overwork. The food is good substantial diet, with a fair variety, and no complaint was mad'e of want of quantity. The clothing is the striped snit required by law, and the convicts are required to wash their persons and put on clean clothes every Saturday afternoon. Beds and bedding are similar to that used in the other camps. The physician lives at Canton, several miles from the camps, and visits the convicts as often as the necessities require. vVe found a good many sick with mumps, but were receiving proper attention. The hospital is a very in-

MoNDAY, JuLY 11, 1881.

73

ferior building, and the arrangements for nursing the sick are poor. The water privileges are good. 'l'he mode of punishment is the same as at the other camps, and complaint is made that at times is severely inflicted. Divine service is had at the camps, as required by law.
We find at Cedartown, in the employ of the Cherokee Iron and Railroad Company, 56 convicts from Penitentiary Company No.2, and21 of Howard's men, and 51 from the Marietta and North Georgia Railroad -tvtal number 128; and are employed in the Iron furnace, cutting cord wood, and doing farm labor. They are required. to work from twelve to fourteen hours per day. Some of them are required to work in :and about the furnace at night, and on the Sabbath. Complaint is made of overwork, and want of sufficient number of' hours for rest and sleep. 'rhose who work on the night force are allowed to rest in the day, and they are paid for the labor done on Sunday. The quarters are well constructed and ventilated. The beds and bedding are dirty and inferior. The c1othing about the same as other camps. The convicts were brought in at night with their clothing wet from rain, and were chained to the bunks, and compelled to sleep in that condition. Water facilities are good. Their food is substantial, and we heard but little complaint of want of enough to eat. The physician in charge resides at Cedartown, within half a mile of the camps, and visits the camps when called on. 'l'he sick seemed to receive proper attention. c~mplaint was made that at times labor was exacted of them when they were physically unable to perform work. The mode of punishment is whipping on the naked person with a leather strap, and complaint is made that it is often severely inflicted. On inspection of the bodies of two prisoners the committee saw evidences strongly in support of the truth of this complaint. We deem it our duty to make -special mention of one of these.

74

JouRNAL OF THE HousE,

The prisoner attempted to escape, and concealed himself in a pilP- of brush and logs. He was pursued and found in his hiding place. His pursuers cruelly set fire to the brush for the purpose of forcing him out, which resulted in severe burns on his legs and body. After that he was severely and brutally whipped by the whipping boss, and in this deplorable condition be was required to work daily. The other man had been severly and cruelly whipped by one of the guards with the buckle end of his pistol belt. It is due the managers of the camp to say that they informed the committee that for this act the guard had been discharged. There was complaint made to the committee by some of the citizens of Cedartown that too much liberty was allowed the "trusties" of the camp- -that t}ley are often permitted to go at large about the town at night.
We next visited the Dade county coal mines. Here we find three camps belonging to Penitentiary Company No.1. There are in these camps 356 men, employed in mining for coal and around coke ovens. The buildings are ample in size, substantially built, and well constructed and ventilated. The convicts are worked in tasks in the mines, and in the opinion of the committee they are not over -worked. vVe found a small force of convicts required to work at night, but these are allowed time for rest and sleep in the day. Sufficient time is allowed the day laborers for rest and sleep at night. The arrangements for sleeping are about the same as at the other camps. The clothing is the striped suit required by law, and the convicts are required to wash their persons and put on clean clothes every Sunday morning. Waterfacilities are good, and the supply abundant for all purposes. The food is bread and meat for breakfast, the same with peas or vegetables for dinner, and bread and soup for supper. The convicts complain that the supper is insufficient_ This complaint was made known by the committee to

MoNDAY, JuLY 11, 1881.

75

Capt. Reese, in charge of the camp, who stated that it was tbfl first time be bad ever beard such complaint. The cooking department is admirably arranged, and the food well cooked. The vegetable gardens are very fine, and sufficit>ntly large to afford vegetables in abundance. The physician in charge resides near the camp, and gives daily attention to the condition of the sick. The hospital is large and well ventilated, and the sick are well cared for. The mode of punishment is the same as in use at the other camps, and complaint was made that, at times, it was severely inflicted. We learn that the convicts are allowed the use of the stockade on Sunday, and that as strict observance of the Sabbath is bad as practicable.
vVe find in the camps visited, in the aggregate, 1,203 convicts. In addition to this number, we are informed, since the assembling of this session, by the Principal Keeper, that there are nine female convicts at a camp lately in existence in Taylor county. This camp was not visited by the committee for the reason we were informed it had been broken up.
We find that only two days per month good time bas been allowed the convicts for good behavior, when the act of 1874. requires that four days for each month shall be given for good conduct.
The committee, after having giVen the convict camps of the State thorough inspection, and having closely examined into the condition and treatment of the convicts, after mature deliberation of the whole matter, have arrived at the following conclusions:
1. That the system needs a central authority employed to exercise a supervisory control over all persons, companies, and corporations, holding the convicts of this State under lease, or otherwise, as to government, discipline and management of the convicts, with full power and authority to frame all suitable rules and regulations for the proper government and control of said convicts.

76

JouRNAL oF THE Ht~USE,

2. Humanity and justice to the convicts require that

the State appoint an officer at each camp to stand be-

tween the convict and lessee, and to enforce all rules

adopted by the central authority for their discipline

and government, and to protect the prisoners from cruel

and inhuman treatment.

3. That, as the system exists, in the judgment of the

<Jommittee, there is nothing in it that tends to therefor

mation of the criminal. It impinges with a crushing

force upon the great work of the moral regeneration

of the prisoners. The old felon, who has led a life of

sin and deg~neracy, continues in the practice of his

immoralities. The youthful convict is chained by his

side day after day, and night after night, and is com-

pelled to serve out his sentence under the pale of this

evil influence. He naturally contracts the habits and

vices of his companion, and, at the end of his time,

instead of being a reformed man, he is turned loose

on the country and society trained in habits and prac-

tices that are destructive to everything which may be

called good.

In order to meet and remedy existing evils in the

penitentiary system of the State, we report a bill here-

with submitted, to be entitled an act to provide for the

better inspection, management and control of the con-

victs of this State.

Respectfully submitted,

THOMAS W. MILNER, Chairman,

E. A. PERKINS,

W. A. PosT,
w. M. "'\VILLINGHAM,

W. L. ZELLARS,

A. WILSON.

The undersigned agrees to so much of the foregoing

report as relates to the camps in Dougherty county and

Waycross, and agree to the conclusions of the com-

mittee. I was not able to visit all the camps, owing

to illness in my family.

Z. S. CoFFIN.

TUESDAY, JULY 12, 1881.

77

The following bill was introduced, read the first time and referred to the Committee on the Penitentiary, towit: By Mr. Milner-
A bill to provide for the better inspection, management and control of the convicts of this 8tate, and for other purposes.
On motion of Mr. Foster, the House ordered five hundred copies of the report of the special committee appointed to visit and inspect the convict camps, and of the bill introduced by Mr. Milner, printed for the use of the House.
The House then adjourned till9 o'clock to-morrow morning.

ATLANTA, GEORGIA,
Tuesday, July 12, 1881.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found to be present.
Mr. Harrell, Chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved. The regular order was taken up, to-wit, the completion of the call of the roll of counties.
Leave of absence was granted to Mr. Turner, of Monroe, on account of the death of his son.
The following bills were introduced, read the first time and referred to the General Committee on the Judiciary, to-wit: By Mr. Mays, of Butts-
A bill to amend an act to authorize married women

78

JOURNAL OF THE HOUSE,

to act as guardians of their children by their former husbands, approved February 28, 1876.
By Mr. HillyerA bill to define what mattar shall be omitted from
the Reports of the Supreme Court of Georgia.
Also, a bill to provide for the electrotyping of all Reports of the Supreme Court of Georgia hereafter published.
Also, a bill to regulate the practice in the Supreme Court.
By Mr. MathewsA bill to alter and amend section 1407 of the Code,
providing how druggists are to obtain license.
By Mr. vValker, of JasperA bill to alter and amend section 610 of the Code, in
reference to persons subject to road duty.
By Mr. LesterA bill to alter and amend section 1711 of the Code of
1873, in reference to granting divorces.
By Mr. DykesA bill to change the time of holding Superior Courts
of Macon county, in this State.
By Mr. StoryA bill to change the time of holding the Superior
Courts of the county of Marion.
By Mr. RoneyA bill to alter and amend section 1676 of the Revised
Code of Georgia, changing the manner in which charters may be granted by the Courts.
By Mr. McAllisterA bill to change the time of holding the Superior
Courts of Montgomery county.
By Mr. Foster-
A bill to prevent Ordinaries, Clerks of Courts of Ordinary, Clerks of Superior Courts, and Judges of County Courts, in this State, from practicing law or

TUESDAY, JULY 12, 1881.

79

drawing or dictating pleadings in their owa Courts or Courts of which they are Clerks.
By Mr. TwiggsA bill to carry into effect paragraph 6 of section 4 of
article 5 of the Constitution, in reference to appeals, and to provide for judgments iu the Superior Court at the first term.
By Mr. HuntA bill to extend the provisions of section 4255 of the
Code to injunction cases. Also, a bill to prevent abusive practices in sum-
monsing tales jurors for the trial of felonies.
By Mr. Hightower, of StewartA bill to amend section 4058 of the Code requiring
the original writ of certiorari to be served upon the party to whom directed, by striking out the words "which writ together with the petition," and inserting in lieu thereof the words "a copy of which writ together with a copy of the petition."
Also, a bill to amend section 4527 of the Code by -changing the punishment prescribed for carrying concealed weapons.
By a two thirds vote-yeas 103, nays none-the following bill was introduced, and without being read, referred to the Committee on Local and Special Bills, to wit:
By Mr. PattersonA bill to change the name of the Reform Medical
CollPge of Georgia, to that of the College of American Medicine and Surgery.
The following bill was re-committed to the Committee on Education, to-wit:
A bill to fix the compensation of County School Commissioners of the respective counties of this State, and for other purposes.
By a two-thirds vote-yeas 113, nays none-the fol-

so

J uURNAL oF 'l'HE Hou,..E,

lowing bill was introduced, and by a two-thirds vote-yeas 112, nays nonP-read the first time and referred to the Committee on Education, to-wit:
By Mr. RirA bill to t->Xmpt from State, County and Municipal
taxatio;., the property of the Atlanta Female Institute.
By a two-thirds vote-yeas 113, nays none- the following bill was introduced, read the first time by the requisite two-thirds vote-yeas 112, nays none-and referred to the Special Committee on the Judiciary, to-wit:
By Mr. RiceA bill to amend the acts of February 27, 1877, and
October 13, 1879, in rt-ference to the road laws of Fulton county, so as to change the provision in said acts, that the chain gang shall not work within certain limits in Atlanta.
By a two-thirds vote-yeas 103, nays none-the fol lowing bill was introduced, and by a two-thirds voteyeas 102, nays none-read the first time and referred toto the Special Committee on the Judiciary, to-wit:
By Mr. RiceA bill to amend an act amendatory of an act to alter
and amend the road laws of this State, so far as thesame relate to the county of Fulton.

The following bills were introduced, read the first time and referred to the Committee on Railroads, towit:
By Mr. RiceA bill to amend an act approved February 29, 1876,.
to enable purchasers of railroads to form corporations,. etc.
Also, a bill in relation to corporations heretofore organized under an act to enable the purchasers of railroads to form corporations, approved February 29,. 1876.

TUESDAY, JULY 12, 1881.

81

The following bill was introduced, read the first time and referred to the Committee on Military .Affairs, towit: By Mr. Hillyer-
.A bill to amend an act approved October 16, 1879, toprovide for the better organization, government and discipline of the volunteer troops of this State, etc.t and for other purposes.
By a two-thirds vote-yeas 112, nays none-the following bill was introduced, and by a two-thirds voteyeas 105, nays none-read the first time and referred tothe Committee on Finance, to-wit: By Mr. "\Vright-
.A bill to relieve Samuel Trout, Treasurer of the State Deaf and Dumb .Asylum, from the payment of certain moneys belonging to the State, deposited by him as Treasurer in Bank of Rome, suspended.
By a two-thirds vote-yeas 106 nays none- the following bill was introduced, and by a two-thirds voteyeas 106, nays none-read the first time and n~ferred tothe Special Committee on the Judiciary, to- wit : By-Mr. Lamb-
A bill to prohibit the sale of spirituous, vinous or malt liquors, except for medical and mechanical purposes, in the county of Glynn.
By a two-thirds vote--yt-as 112, nays none-the following bill was introduced, and by a two thirds voteyeas 112, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Lamb-
A bill to define the authority of the Commissioners of Roads and Revenues of Glynn county, in relation to the execution of bonds of officers of said county.
The following bill was introduced, read the first time and referred to the Committee on Railroads, to-wit : By Mr. Lamb-
A bill to amend an act to enable the purchasers of 6

:82

JouRNAL OF THE HousE,

railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, approved February 29,1876, so as to permit railroads which have complit>d with the provisions of said act to change their names, to build branches from their lines, and for other purposes.
By a two-thirds vote-yeas 106, nays none-the following bill was introduced, and by a two-thirds vote-
yeas 99, nays none-read the first time and referred to
the Committee on Finance, to-wit:
By Mr. Wilson, of GreeneA bill to amend an act to create a Board of Commis-
sfoners for the county of Greene, approved February 19, 1876.
The following mest"'age was received from the Senate through Mr. Harris, the Secretary thereof :

Mr. Speaker:
The Senate has agreed to the following resolution, in which they ask the concurrence of the House of Representatives, to-wit:
A resolution, that the manuscript of a book prepared by Col. D. N. Martin, entitled A Supreme Court Manual, be referred to the Joint Committee appointed to examine Hand-book of Forms, by Silman & Thompson, with instructions to examine, and the propriety of the State subscribing for two hundred copies, and price of said subscription, and I am directed to transmit same to the House of Representatives at once.
The followin~ message was received from his Ex.Cellency, the Governor, through Mr. Avery, his Secretary, to-wit:

A-Ir. Speaker:
I am directed by his Excellency, the Governor, to deliver to the House, a communication in writing, with accompanying documents.

'fUESDAY, JULY 12, 1881.

83

By a two-thirds vote-yeas 103, nays none-the following bill was introduced, and without being read, referred to the Committee on Local and Special Bills, to-wit:
:By Mr. MitchellA bill to incorporate the Logansville Railroad Com-
pany, extending from Lawrenceville, in the county of Gwinnett, to the town of Logansville, in the county of. \Valton.

By a two-thirds vote-yeas 118. nays none-the following bill was introduced, and by a two-thirds voteyeas 108, nays none-read the first time and referred to the Committee on Corporations, to-wit :
By Mr. Estes.A bill to incorporate the Kingston, Waleska and
Gainesville Railroad Company.

On motion of Mr. DuBignon, the Message from the Governor was taken up and read.
0 motion of Mr. Sapp, five hundred copies of the message were ordered printed for the use of the House.

EXECUTIVE DEPARTMENT, .ATLANTA, GA., July 12~ 1881.
To the General Assembly:
In pursuance of my official obligation, I submit herein a few suggestions, to which I invite your attention. Some of these I regard as possessing special, if not pressing, importance, and, in my judgment, .should have careful consideration. .Among the subjects I would now bring to your notice, I would designate our present
''INSPECTION FEES ON FERTILIZERS."
When the law was framed instituting the office of "Inspector," it was deemed important that the fees derived from the sale of fertilizers in the State should

84

J OUBNAL OF THE HOUSE,

bear the expense of such oversight of this traffic as would protect the community against impositions. While it might, perhaps, be truthfully asserted that this tax was paid by the consumers-and they were :tor a very large part confined to the planting community-it is nevertheless also the fact that these consumers have been completely protected by the operation of the law, and the sale of worthless or fraudulent manures is now rarely complained of.
The charge of fifty cents per ton on all inspected fertilizers was thought, at the time, to be a reasonable one, and it brought into the Treasury a sum amply sufficient to meet all the expenses of the Department of Agriculture. From twenty-seven thousand six hundred and fifty eight dollars, this sum has increased till it has reached the large figure of seventy-six thousand two hundred and tllirty-two dollars-an amount altogether beyond the current demands of the Department. vVhile there are, perhaps, very few who would question the benefit to the farmers of the protection against infe1ior or bad fertilizers now secured by our State laws, it will be readily conceded that he should not be made to pay an unreasonable or an unnecessary tax for this benefit. A tax of twenty-five cents per ton on all fertilizers inspected in the State,. would not be ample for all the needful demands of the Department of Agriculture, but would also enable that valuable branch of the government to found and equip an "Experimental Station," which the Commissioner of Agriculture deems of great importance in promoting the farming interests of the State. I am clearly of the opinion that the present tax should be reduced.
THE RAILROAD COMMISSION.
In the case of Tilley vs. The Railroad Commission,
in the Federal Court, the right of the State to regulate the railroads and the constitutionality of the powers

TUESDAY, JULY 12, 1881.

85

<>f the Commission were in issue, and fully discussed and settled. The main points decided in that case by J"udge Woods, are :
1. That, independent of the the Constitutisn of 1877, the right of railroads to establish their own schedules of freights and fares is subject to legislative control, where such railroads are operating under charters obtained since January 1, 1863-that is, since the adoption of the Code :
2. That the Legisl&ture, under the Constitution of 1877, not only has the power, but it is its duty to regulate the freights and fares of all railroads in this State, no matter when incorporated, so far as to make them just and reasonable and to prevent unjust discrimination.
3. That to appoint a commission for that purpose is not a delegation of legislative power, but is the employment of the proper agency to regulate freight and passenger tariffs.
4. That the act creating the Railroad Commission of this State is not obnoxious to the Constitution of the United States or the Constitution of Georgia, and is, therefore, constitutional.
In view of the importance of this case, and by the request of the Railroad Commission, I employed assistant counsel to aid the Attorney-General. General Robert Toombs and Messrs. Mynatt & Howell were Tetained by me. The latter firm has been paid a portion of their fee out of the contingent fund. General Toombs has been paid nothing yet. Your attention is respectfully called to the matter, that provision may 'be made for the payment of these gentlemen.
I herewith transmit the third semi-annual report of the Railroad Commission for the information of the General Assembly.
TAX COLLECTOR'S BOND.
Through mistake, indvertence, and perhaps other

86

JouRNAL oF THE HousE,

causes, a large number of the county officers who were elected in January last failed to execute and file their official bonds within the time prescribed by law. Under the advice of the Attorney General, the bonds of these officers filed afterwards were accepted, they and their securities making and filing a voluntary written agreement that the bonds, though not seasonably filed, should have the same validity and effect as if they had been filed in time, and that the Legislature might pass any law deemed proper to give said bonds all the force and effect of valid statutory official bonds. An act legalizing these bonds is deemed advisable.
NORTH AND SOUTH RAILROAD.
The purchase money for th~ North and South Railroad, amounting to ($40,500) forty thousand five hundred dollars, was paid to the State on the 1st day of July, and the proper trasfer of that property has been fully consummated.
THE MACON AND BRUNSWICK RAILROAD.
The owners ofthis great interest are pressing forward the work of completion as contemplated by the law, and I have every reason to believe that all their engagements with the State will be fully complied with. They give satisfactory assurance that they will not only do this as rapidly as possible, but that they will build other lines of railroad that will open up rich and undeveloped sections of the State, and make the Macon and Brunswick road a link in a powerful and fructifying system. We have in the high character, the ample means and distingujshed ability of those who have this great work in their control the most assuring guarantees of Its success and good management.
The State is to be congratulated on the heavy influx of capital induced by these enterprises as much as on the fact that they will result in the establishment of new highways of trade, and they should be met in the liberal and courteous spirit with which Georgia wei-

TUESDAY, JULY 12, 1881.

ST

comes all men who enter her borders with legitimate purpose or honest intention.
In connection with the Macon and Brunswick road I call attention to the fact that the State owns along the line of the roaif and adjacent thereto a considerable number of lots of land. These lots, in my judgment, should be disposed of, as they are rendered less valuable, day by day, by the encroachments of trespassers.
YORKTOWN CENTENNIAL.
Preparations are now progressing for the centenniaT celebration, in October next, of the surrender of Cornwallis at Yorktown. It is expected that this ceremonial will be presented in most imposing form. It will no doubt be participated in by every State in the Union, and with such a display of patriotic fervor as such a memorable event will justify. Before Georgia can actively and materially participate in this celebration, your consent and co-operation will be necessary. I deem all arguments or appeals enforcing the duty or propriety of our State taking a part, and a leading one, in this august memozial as altogether uncalled for. I am sure there is not a State in this Union whose entire history has evinced a higher anl truer appreciation of the liberty and responsibilities which the victory of Yorktown established, nor is there one that maintains a more grateful heart towards a merciful Providence and the immortal men who gave us that victory.
The presence of this great commonwealth should not be wanting at a time when honors are to be paid to the names and memories of those who won the place we now hold among the powers of earth and the assertors of human freedom.
THE INTERNATIONAL COTTON EXPOSITION.
A very distinguished compliment has been paid our State and capital by the selection of Atlanta as the

S8

JouRNAL oF THE HousE,

point at which should be held the exposition of cotton production and manufacture. This exposition, opening the first week in October, will continue for three months, and will present an imposing array of the multiform aspects and values of our great staple. Besides the univArsal a~quaintance which this great gathering of inquisitive and practical business men will se<Jure for our State, thereby introducing us to the whole world, we will have assembled here the completest aggregation of instrumentalities and the fullest gathering of experts engaged in the interest of cotton that the world has ev~r seen before. It is not unreasonable to expect that there will grow out of this exposition such an impulse to the manufacture of cotton, such anumber of vital suggestions, both as to its culture and handling, as shall result in immeasurable benefit to the whole country, and perhaps such good to the Southern States as the most sanguine have not ventured to predict. I commend this important subject to your favorable consideration.

STATE DEPOSITORIES.

Two of the State's depositories appointed and bonded under act approved Octo.ber 16, 1879, have recently failed, viz. : The Bank of Rome and the Citizens' Bank of Georgia. It is believed that the property and assets of the Citizens' Bank will be amply sufficient to pay every dollar due the State by that bank without resorting to a sale of the property of the securities on its bond.
A little over eight thousand dollars ($8,000) has been collected from the Bank of Rome, and an order taken requiring its assignee to pay into the State Treasury nine thousand five hundred dollars ($9,500) more, now in its hands. When this is paid, that bank will still owe the State about thirty-six thousand dollars ($36,000). If this sum should not be realized from the remaining assets of the bank, the securities on its bond

TUESDAY, JULY 12, 1881.

89

are amply able to make good any deficiency. Execution has already been issued against them, and levied on property believed to be sufficient to pay the whole thirty-six thousand dollars ($36,000). It is expected, however, that a considerable portion of this amount will be realized from the assets of the bank. No doubt is entertained that every dollar dne the State by this bank will be collected. Proper legal proceedings have been instituted by the Attorney-General, assisted by R. J. Moses, Esq., to collect the sums of money due the State by both thPse banks, and, also, to forfeit their charters. The General Assembly is doubtless advised that, in the case of the Bank of Rome, the Supreme Court has recently decided that the State has a special lien on all its property and assets to the extent of the amount of its bond to the State, and is, independent. of said lien, entitled to priority of payment over all the other creditors of said bank. This decision is likewise applicable to the Citizens' Bank.
A NEW CAPITOL.
In conformity with the resolution of the General Assembly, approved December 6, 1880, I advertised for plans and specifications for a new capitol building, offering the sum of $250 for such plan as may be accepted by the Legislature. The firm of Andrewartha & Wahrenberger, of Austin, Texas, have offered a plan, with four artistic and elaborate illustrations and full specifications. I have information that other plans will be furnished this week. These will be transmitted to the General Assembly as soon as received.
ALJ<RI<~D H. CoLQUITT.
The following bill was introduced, read the firsttime and referred to the Committee on Corporations, to-wit: By Mr. N orthen-
A bill to amend an act to provide for the sale of railroad and bank stock, and stocks of other incorpo rated companies, approved February 22, 1877.

90

JOURNAL OF THE HoUSE,

By a two-thirds vote-yeas 106, nays none-the following bill was introduced, and by a two-thirds voteyeas 101, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By M. McBride-
A bill to supercede "an act to incorporate the town of Buchanan, in Haralson county," approved December 22, 1857, and to provide for a Mayor and Council, and define their powers and duties.

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

Mr. Speaker :

The Committee on Finance have had under consideration the following bills, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to regulate the manner of letting out contracts to build or repair public bridges over water courses which divide one or more counties from each other, and to provide for the payment of the same when completed.
Also, a bill to be entitled an act to regulate the payment of per diem and mileage in cases of contestants and contestees.

Also, the following bills which they recommend do

not pass, to- wit :
A bill to be entitled an act to allow John vV.

Bohanan and David Lovet to peddle in the State of

Georgia without license.

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

re-imbursemt<nt of counties in this State for expenses

incurred in keeping lunatics.



Also, a bill to be entitled an act not to pay any sit-

ting member per diem or mileage if such member's

seat be contested and illegally held.

Also. an act to require vendors of sewing machines

to procure license, to provide a penalty for the failure

so to do, and for other purposes.

TUESDAY, JULY 12, 1881.

91

Also, a bill to be entitled an act to alter an act entitled an act to reduce and regulate the fees of Tax Receivers and Collectors in all the counties of this State, to repeal all local laws relating thereto, and for other purposes, approved September 26, 1879.
Also, the following bills, to-wit: An act entitled an act to prescribe the fees of Justices of the Peace and Notaries Public in suits for the foreclosure of mortgages upon personalty, which the Committee recommend be referred to the General Committee on the Judiciary. Also, a bill to impose certain duties on Tax Receivers. and Collectors of this State, which they request the introducer have leave to withdraw.
Respectfully t~ubmitted, N. L. HUTCHINS, Chairman.

Permission was granted to Mr. McBride to withdraw House bill No. 248.
Permission was granted to Mr. Cameron to withdraw House bill No. 371.
By a two-thirds vote-yeas 110, nays none-the following bill was introduced, and by a two-thirds voteyeas 107, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit :
By Mr. StanfordA bill to amend the charter of the town of Hamilton1
in Harris county, in this State, so as to allow druggists to sell spirituous liquors for medicinal purposes.

The following bill was introduced, read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. StanfordA bill to amend an act prescribing the mode of grant-
ing license to sell liquors in the counties of Burke~ Jefferson and Washington, approved February 20,

92

JOURNAL OF THE HoUSE,

1873, and to amend an act amendatory of said act, approved March 5, 1875, so as to extend the provisions of said act to all the counties of this State.
The following bill was introduced, read the first time .and referred to the Committee on Agriculture, to-wit:
By Mr. MathewsA bill to amend an act relating to fences and stock,
and for the protection of crops, approved August 26, 1872, and embodied in the Code, sections 1449 to 1455.
The following bill was introduced, read the first time .and referred to the Committee on Education, to-wit:
By Mr. McintoshA bill to regulate the paying of teachers of the pub-
lic schools of this State. The following bills were introduced and read the
first time and referred to the Committee on Finance, to-wit:
By Mr. PattersonA bill to require all persons engaged in the business
of merchandise, having a permanent place of business, and all other persons traveling from place to place, selling or offering for sale by sample or otherwise, and having no permanent place of business, to pay a business tax.
By Mr. LesterA bill to increase the salary of the Governor.
By Mr. LamarA bill to appoint a Board of Trustees with power to
sell and dispose of lot of land No. 157, 21st District, for educational purposes.

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

Mr. Speaker :
The Committee on Local and Special Bills have had under consideration the following bills which they

TUESDAY, JULY 12, 1881.

93

find incapable of consolidation with any other bills, and report the same back to the House for a first reading, and recommend their reference to the Committee on Temperance.
A bill to prohibit the sale of intoxicating &pirits' within three miles in every direc.tion from the Bethlehem Baptist church in the 1074th District, G. M., Polk county.
Also, a bill to prohibit the sale ofintoxicating spirits within three miles in every direction from the Shiloh Baptist church in 1079th District, G. M., Polk county.
A bill to authorize an election in the county of Washington to test the will of the legal voters of said county as to the sale of spirituous liquors, and for other purposes.
Also, a bill to prevent the sale of intoxicating liquors within three miles of Pisgah and Mount Pleasant churches in the 855th J?istrict, G. M.; of Floyd county and to provide a penalty therefor.
Also, a bill to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors in the county of Dooly, and to provide a puishment therefor.
Also, a bill to fix the license fee to sell spirituous or malt liquors in the county of Ware.
Also, a bill to submit to the voters of Randolph county the question of granting license to retail spirituous and malt liquors in said county.
Also, the following bills, to be read the first time and referred to the Committee on Corporations:
A bill to incorporate the Masonic Mutual Aid Association of Georgia, and through such association to provide pecuniary aid for the families, heirs or legatees of deceased Masons.
Also, a bill to incorporate the Peoples' Mutual Relief Association.
Also, a bill to amend an act to incorporate the N ationa! Mercantile Debt Assurance Company, approved October 17, 1879, to change its name.

.94

JOURNAL OF THE HOUSE,

Also, a bill to amend an act establishing a new

charter for the city of Atlanta.

Also, the following bilh1, to be read the first time

and referred to the Special Committee on the Judiciary:

.A bill entitled an amendatory act, offered by the

gentleman from "Monroe,'' or to any other bill that

shall be offered by ariy one else hereon and hereafter

in relation tv taxation on "dogs."

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

proved February 26, 1876, so as not to compel the

Mayor and Courtcilmen of Athens to levy one-half of

one per cent. to pay the principal and interest on the

bonds therein mentioned, but only require the Mayor

and Councilmen to levy so much tax as will be neces-

sary, etc.

.Also, a bill to create a County Court for the county

of Rabun, in the State of Georgia, to appoint a Judge

thereof, to prescribe its jurisdiction and powers, and

for other purposes.

~

Also, a bill to repeal all laws and ameP.dments of

laws heretofore passed incorpLrating the town ot

Blackshere, Pierce county, Georgia, and also all laws

and amendments to laws conferring civil and criminal

jurisdiction for the county of Pierce on the Mayor

thereof; to provide for the election of a Mayor and

.Aldermen, prescribe their powers and duties, and for

other purposes.

Also, a bill to declare the bridge now built by W.

D. Young, of Rabun county, across the Tallulah river,

three fourths of a mile above Tallulah Falls Hotel, in

Rabun county, a toll-bridge, to allow W. D. Young

to charge and collect reasonable rates of toll, and for

other purposes.

Also, a bill to repeal, as to the county of Douglas,

an act to confer additional power upon the Tax Col-

lectors of the several counties of this State, and to make

said Tax Collectors ex-officio Sheriffs in certain cases,

and for other purposes, approved August 21, 1879.

TUESDAY, JULY 12, 1881.

95

Also, a bill to amend an act entitled an act to allow the Board of Commissioners of Newton county to assess an additional tax over and above the amount allowed by law for the year 1879, and so many years thereafter as the board may deem proper, for the purpose of raising additional revenue to reduce the indebtedness of the county, approved September 12, 1879, and for other purposes.
Also, a bill to change the lines between the counties -of Meriwether and Harris, and to add a part of the county of Meriwether to the county of Harris, so as to include the r~sidence and lands of John J. Tucker, Edna Bransford, John B. Harly, R. L. Leath and John Flournoy within the boundary of Harris county.
Also, a bill to amend the act incorporating the town of Quitman, Brooks county, and th0 several acts .amendatory thereof, by reducing the corporate limits of said town and conferring additional powers upon the Mayor and Aldermen of said town.
They also report back bill No. 419-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-as a consolidated bill for bills Nos. 535, 134, 107, 104, 103, 102, 135 and 158, to be read and referred to Committee on Corporations.
Respectfully submitted, ARTHUR H. GRAY, Chairman.

Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report:

Mr. Speaker:
The General Committee on the Judiciary have had under consideration the following bills, which they re-commend do not pass, to-wit :
A bill to add a proviso to section 3383 of the Revised .Code of 1873.
Also, a bill to amend an act amending section 2009

96

JouRNAL oF THE Hou~E,

of the Cod+-', rPlating to approval and recording of applications for homestt>ads.
Also, a bill to amend section 340 of the Code of 1873, so as to a ut]JOrize Clerks of the Courts of Ordinary to administ.::r oaths.
Also, a bill to provide compensation for the managers and clerks of elections.
Also, a bill to regulate the tracing of land lines.
The committee have also had under consideration the following bill, which they recommend do pass, to wit:
A bill to provide for sales under and by virtue of
any fl. fa. or other process issued from the County
Courts of this State.
The committ~>e have also had under <.Jonsideration the following bill, which they report back to the House, with recommendation that it be referred to the Committee on Temperance, to-wit:
.A bill to regulate the sale of spirituous, vinous and malt liquors in this State.
Respectfully submitted, \V. M. HAMMOND, Chairman.

Mr. Polhill, chairman of the Special Committee on the Judiciary, submitted the following report:

Mr. Speaker:
The Special Committee on the Judiciary bas bad under consideration the fo1lowing bills, which they recommend do pass, to-wit:
.A bill to be entitled an act to protect the citizens of the county of Dade from the injurious consequences of cattle speculators and other persons driving stock through said county of Dade, etc.
Also, a bill to be entitled an act to authorize the Commissioners of Roads and Revenue for the county of Mitchell to issue bonds not to exceed the sum of ten thousand dollars, and bearing interest not to ex-

TUESDAY, JULY 12, 1881.

97

ceed the rate of 7 per cent. per ann urn, for the purpose of building a court house in said county, and to provide for the payment of the same.
.Also, a bill entitled an act to revise the jury box in the county of Stewart, and for other purposes.
Also, the following bill, which they recommend do pass, as amended, to-wit:
A bill to repeal an act, entitled an act to create a Board of Commissioners of Roads and Revenue in the county of Milton.
Also, the following bills which they recommend do not pass, to-wit:
A bill to regulate the manner in which costs in criminal cases shall be paid to the Solicitor-General and other officers of court in the county of Mcintosh, to repeal all conflicting laws, and for other purposes.
A bill to be entitled an act to authorize the County Board of Education of Union county, G8orgia, to pass upon and pay off the _claim of W. C. Hughes, former County School Commissioner of said county.
A bill to be entitled an act to authorize A. J. Green, of Whitfield county, to practice medicine, and forother purposes.
A bill to regulate the sale of poisons in the State. A bill to be entitled an act to amend section 2973 of the Code, in relation to malpractice of surgery and medicine, by striking out of said section the words "for a compensation."

Also, the following bill, which they recommend bereferred to the Special Committee on Temperance, towit:
A bill to be entitled an act to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Effingham, and to increasethe fee for same to five thousand dollars.
Respectfully submitted, J. H. PoLHILL, Chairman.
7

'98

JouRNAL OF THE HousE,

Mr. N orthen, chairman of the Committee on Education, submitted the following report :
Mr. Speaker:
The Committee on Education have had under consideration the following bill, which they recommend do pass, as amended, to-wit :
A bill to be entitled an act to amend the charter of the city of Griffin, so as to authorize the Mayor and Council to establish a system of Public Schools, and to provide revenue for the support of the same, and for other purposes.
Respectfully submitted, W. J. NoRTHEN, Chairman.

By a two-thirds vote-yeas 110, nays none-the fol-

lowing bill was introduced, and by a two-thirds vote-

yeas 100, nays none-read the first time and referred to

the Committee on Corporations, to-wit:

By Mr. Davis, of Lumpkin-

A bill to amend the several acts incorporating the

town of Dahlonega.



By a two-thirds vote-yeas 110, nays none-the following bill was introduced, and by a two-thirds vote -yeas 95, nays none-read the first time and referred to the Committee on Banks, to-wit: By Mr. Davis, of Lumpkin-
A bill to incorporate the Dahlonega Savings Bank.
By a two-thirds vote-yeas 108, nays none- -the following hill was introduced, read the first time, and by a two-thirds vote-yeas 101, nays none-referred to the Committee on Railroads, to-wit: By Mr. Johnson, of Johnson-
A bill to incorporate the Tennille and Wrightsville Railroad Company.
By a two-thirds vote-yeas 106, nays none-the following bill was introd~ced, and by a two-thirds voteyeas 97, nays none-read the first time and referred to Special Committee on the Judiciary, to-wit:

'fUESDAY, JULY 12, 1881.

99

J3y Mr. GoodrichA bill to repeal an act to create a Board of Commis-
-sioners for the county of Mcintosh and city of Darien, and to dPfine their powers and duties, approved February 26th, 1876.
The Speaker announced the following as the Special Committee on the subject of Temperance:
Mr. Stanford, 4th District, Chairman; Mr. Sweat and Mr. Bacon, of Chatham, 1st District ; Mr. Hammond and Mr. Whittle, 2d District; Mr. Lamar and Mr. Hightower, of Stewart, 3d District; Mr. Cook, 4th District ; Mr. Rice and Mr. Martin, of Houston, 5th District ; Mr. Middlebrook and Mr. V\Tingfield, 6th District ; Mr. Maddox and Mr. Carter, 7th District ; Mr. N orthen and Mr. Polhill, 8th District ; Mr. Price and Mr. Quillian, 9th District.

Mr. Barnes offered the following resolution, which was read and referred to the Committee on Finance, to-wit:
A resolution to pay the Special Committee, to visit and inspect the convict camps, per diem and mileage.

By a two-thirds vote-yeas 106, nays none-the following bill was introduced, and by a two-thirds vote -yeas 102, nays none-referred to the Special Committee on the Judiciary, to-wit : By Mr. Goodrich-
A bill to create a Board of Commissioners of Roads .and Revenues, for the county of Mcintosh, and define their powers and duties.

By a lowing

btiwllow-thasiridnstrvoodtuec-eyde,

as 106, and by

nays none-the fola two-thirds vote-

yeas 104, nays none-read the first time, and referred

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

By Mr. Goodrich-

A bill to prescribe the time of election of Mayor and

.Aldermen of the city of Darien.

By a two-thirds vote-yeas 103, nays none-the fol-

100

JouRNAL oF THE HousE,

lowing bill was introduced, and by a two-thirds vote-yeas 102, nays none-read the first time and referred to the Committee on Railroads, to wit: By Mr. Middlebrook-
A bill to authorize the survey and building and' equipping a railroad from Covington, Newton county, to the Ocmulgee river, to be known as the Covington. and Ocmulgee River Railroad.
By a two thirds vote-yeas P9, nays none-the following bill was introduced, read the first time, by a two-thirds vote-yeas 100, nays none-and referred to the Committee on Corporations, to-wit:
By Mr. WillinghamA bill to incorporate the Broad River Railroad, and
for other purposes.
Mr. Lamar offered the following resolution, which was read and referred to the Committee on Finance, to-wit :
A resolution to pay the lwirs of Hon. A. J. Hansell and of Hon. John vVilcox their per diem for this session.
By a two-thirds vote-yeas 100, nays none-the following bill was introduced, and by a two-thirds voteyeas 118, nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. TwiggsA bill to incorporate the Atlantic and Mississippi
Telegraph Company.
By a two-thirds vote-yeas 100, nays none-the following bill was introduced, and by a two-thirds voteyeas 100, nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. TwiggsA bill to incorporate the Augusta Canal and Savan-
nah River Steamboat Company, and for other purposes.

TUESD.A.Y, JULY 12, 1881.

101

On motion of Mr. Lam~tr, the memorial resolutions Qn the death of Ron. A. J. Hansell and Ron. Jno. Wilcox were made the special order for Friday next,
at 11 o'clock, in lieu ot Wednesday.
By a two-thirds vote-yeas 101, nays none-the following bill was introduced, and by a two-thirds voteyeas 102, nays none-read the first time and referred to the General Committee on the Judiciary, to-wit : By Mr. Jackson, of Richmond-
A bill to amend an act to regulate the time for which the Mayor of the city of Augusta shall hold his office, :and for other purposes, approved February 23, 1876.
By a two-thirds vote-yeas 101, nays none-the following bill was introduced, and by a two thirds voteyeas 101, nays none-read the first time and referred to the Committee on Banks, to-wit: By Mr. Jackson, of Richmond-
A bill to amend the act incorporating the Citizens' Bank of Augusta.
By a two-thirds vote-yeas 110, nays none-the following bill was introduced, and, without being read, was referred to the Committee on Local and Special Bills, to-wit : .By Mr. Martin, of Talbot-
A bill to prohibit the manufacture or sale of spirituous or malt liquors within the limits of the county of 'Talbot, and to prescribe a penalty for a violation of the same.
The following bill was introduced, read the first time and referred to the Special Committee on the J udiciary, to-wit: By Mr. Edwards-
A bill to provide for the furnishing to the County Treasurers of the various counties of this State a copy Qf the Code of this State.
Permission was granted to Mr. McCants to withdraw .House bill No. 177.

102

JouRNAL oF THE HousE,

By a two-thirds vote-yeas 112, nays none -the following bill was introduced, and by a two-thirds vote-yeas 113, nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. McLeodA bill to incorporate the town of MeVille, in the
counties of Telfair and Montgomery, to grant certain powers and privileges to said town.

Leave of absence was granted to Mr. Hightower, of Early, on account of sickness, to Mr. Br13wer on account of sickness in his family, and to Mr. Hill, of Wilkes, on important business.

The House then adjourned till 9 o'clock to- morrow morning.

.ATLANTA, GEORGIA,
Wednesday, July 13, 1881.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. W. Branham.
The roll was called and a quorum found to be present.
Mr. Harrell, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
Mr. James offered the following resolution, which was read and agreed to, to-wit:
.A resolution to appoint a committee of five to examine into the question of the difficulties attending the introduction of local bills, and report a remedy by bill, or otherwise.
Mr. Davis, of Lumpkin, offered the foll.:>wing reso-

'VEDNESDAY, JULY 13, 1881.

103

tion, which was read and referred to the Committee on Rules, to-wit:
.A. resolution prohibiting the introduction of new matter after Monday, the 18th inst.
On motion of Mr. Polhill, the rules were suspended for the purpose of reading bills heretofore introduced~ and referred to the Committee on Local and Special Bills, and reported by said committee to the House for a first reading and reference.
The following bills were read the first time, and referred to appropriate committees, as follows, to-wit:
By Mr. Hillyer.A. bill to amend an act to incorporate the town of
West End. Referred to the Committee on Corporations.
By Mr. RawlinsA bill to repeal an act to prescribe the manner of
granting license to sell spirituous or intoxicating liquors in the county of Dodge, approved October 3, 1879, in so far as relates to the county of Dodge.
Referred to the Special Committee on the Judiciary. By Mr. Crozier-
A bill to repeal an act to organize a County Court of Randolph, approved February 21, 1876, and for other purposes.
Referred to the Special Committee on the Judiciary. By Mr. Singleton-
A bill to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Scriven, and to increase the fee for said license to $10, 000, and for other purposes.
Referred to the Special Committee on the Judiciary. By Mr. Beatty-
A bill to repeal an act to consolidate the offices of County Treasurer and Clerk of the Superior Court of the county of Webster, and to provide for the compensatio.n of the same, and for other purposes.

104

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Referred to the Special Committee on the Judiciary. Also, to provide for the compensation of the Treasurer of the county of \Vebster. Referred to the Committee on Finance.
Also, a bill to amend an act to amend an act to create a Board of Commissioners of Roads and Revenues of the county of Webster, define their powers and duties, and for other purposes, approved February 14, 1873.
Referred to the Special Committee on tht- Judiciary.
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues of the county of Webster, dt:>fine their powers and duties, approved August 23, J872.
ReferrPd to the Special Committee on the Judiciary.
By Mr. TharpeA bill to amend an act to authorize the issue of inter-
est bearing bonds by the Mayor and Council of the city of Macon, for refunding the present bond debt, etc.
Referred to the Committee on Finance.
By 1\fr. KimseyA bill to prohibit the sale of spirituous, malt or
intoxicating liquors in any quantity within two miles of the Court.house in the town of Cleveland, in White county, except on the prescription of a physician.
Referred to the Special Committee on the Judiciary.
Also, a bill to incorporate the Cleveland and Lula Railroad Company, from the jun~tion of the Northeastern and the Air-Line Railroads to Cleveland.
Referred to the Committee on Railroads.
ByMr. AwtryA bill to prohibit the sale or furnishing spirituous,
malt or other intoxicating liquors or bitters, in any quantity either by wholesale or retail, within the limits of the 714th District, G. M., Carroll county, Georgia.
Referred to the Special Committee on the J udiciar).

WEDNESDAY, JULY 13, 1881.

105

"By Mr. LaneA bill to authorize the Board of Public Education
and Orphanage of Bibb county to collect the poll tax for said county from the Tax Collector of said county, .and to make settlement with said officPrs.
Referred to the Committee on Education.
By Mr. BasingerA bill to amend an act to incorporate the Skidaway
Narrows Canal Company, approved October 14, 1879. Referred to the Committee on Corporations. Also, a bill to incorporate the Vernon and Ogeechee
Canal Company. Referred to the Committee on Corporations.
Also, a bill to incorporate the Savannah Fire and Marine Insurance Company.
Referred to the Committee on Corporations. Also, a bill to incorporate the Savannah and Tybee Transportation Company. Referred to the Committee on Corporations. Also, a bill to incorporate the Savannah Freight Tramway Company. Referred to the Committee on Corporations.
The regular order was resumed.
Mr. Sweat moved to take from the table the following resolution, introduced by him and laid on the table, to-wit:
A resolution instructing the Committee on Temperance.
The motion did not prevail.
Mr. Christie was granted permission to withdraw House bill No. 318.
The following bills were introduced, read the first time, and referred to the General Committee on the Judiciary, to-wit:
By Mr. HammondA bill to amend section 2533 of the Code of 1873,

106

JouRNAL OF THE HousE,

which declares the order in which the debts of the decedents are to be paid by placing the necessary expenses of administration in the first rank of priority.
By Mr. McClure-
4- bill to allow Ordinaries to qualify before Clerks of
Superior Courts in certain cases, and for other purposes.
By Mr. BullA bill to provide methods of service, and to deter-
mine the venue in suits against Telegraph Companies in this State.
Also, a bill to change tbe time of holding the Superior Court in the county of Troup.
By Mr. ReeseA bill to provide for a registration of voters in ac-
cordance with section 2, article 2, of the Constitution of 1877.
By Mr. FordhamA bill to amend section 3583 of the Coue of Georgia.

Mr. Milner, chairman of the Committee on Penitentiary, submitted the following report, to-wit:

Mr. Speaker:
The Committee on Penitentiary have chosen as their chairman T. W. Milner, in place of Hon. A. J. Lane, resigned.
The committe~'! request that Hon. J.D. McLeod, of Telfair, be added to the committee, in place of Ron. John Wilcox, deceased.
Respectfully submitted. THOMAS W. MILNER, Chairman.

The request ofthe committee was granted, and Mr. McLeod was added to the committee.

Leave of absence was granted to the Committee on Penitentiary for one day.

WEDNESDAY, JULY 13, 1881.

107

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

Mr. Speaker :
The Senate has passed the following resolution, in which they ask the concurrence of the Rouse of Representatives, to-wit:
A resolution, that a joint committee be appointed, consisting of three from the Senate and five from the House, to ascertain from late census returns the number of Representatives each county is entitled to, and report the same at the earliest practicable day; and have appointed, on the part of the Senato, Messrs. Reid, Woodward and Mattox.

By a two-thirds vote-year 119, nays none-the following bill was introduced, and, without being read, referred to the Committee on Local and Special Billst to-wit:
By Mr. Cook-
A bill to prohibit the sale of intoxicating liquors, of any and every kind, within two miles of the Baptist ani Methodist churches in the village of Long Cane, Troup county. and to provide a penalty.

By a two-thirds vote-yeas 119, nays none-the following bill was introduc~:>d, and by a two-thirds voteyeas 119, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. Cook-
A bill to remove the disabilities of William F. Hogg, a minor, so far as to enable him to receive his money from John Hogg, administrator of A. G. Hogg, deceased, and to authorize John Hogg to settle with said minor, and legalize such settlement.

By a two-thirds vote-yeas 104, nays none-the following bill was introduced, and by a two-thirds vote-

108

JouRNAL oF THE Hou:SE,

yeas 113, nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. Jones, of KeKalbA bill to amend the charter of the town of Decatur.
By a two-thirds vote-yeas 104, nays none--the following bill was introduced, and by a two-thirds voteyeas 100, nays none-read thefi.rsttimeand referred to the Special Committee on the Judiciary, to-wit:
By Mr. Jones, of DeKalbA bill to prohibit the sale of intoxicating liquors
in any quantity within two miles of Prospect church, in the county of DeKalb.
By a two-thirds vote-yeas 111, nays none--the following bill was introduced, and by a two-thirds voteyeas 103, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. GloverA bill to confer additional powers on the Tax Col-
lector of Twiggs, and to make said Tax Collector ex.oificio Sheriff in certain cases, and for other purposes.
By a two-thirds vote-yeas 103, nays none-the followin~ bill was introd ucf\d, and by a two thirds voteyeas 105, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. GloverA bill to authorize and empower the County Com-
missioners of Twiggs county to purchase property whenever and wherever put up for sale, in said county or elsewhere, under executions for State and county taxes, or under legal process in which the county is plaintiff or is otherwise interested, and for other purposes.
By a two-thirds vote-yeas 100, nays none-the following bill was introduced, and by a two-thirds voteyeas 110, nays none-read the first time and referred to the Special. Committee on the Judiciary, to-wit:

WEDNESDAY, JULY 13, 1881.

109

By Mr. CarithPrsA bill to prohibit the sale of spirituous, vinous and
malt liquors (except for medicinal, mechanical and sacramental purposes) in the county of Walton, and to provide for an election on the question of "prohibition" or "no prohibition."
By a two-thirds vote-yeas 101. nays none--the following bill was introduced, and by a two-thirds voteyeas 107, nays none-read the first time and referred to the Committee on Corporations, to-wit :
.By Mr. SummerlinA bill to amend an act incorporating the town of
Tennille.
The following bill was introduced, read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Clarke-
A bill to prevent the practice of hunting for deer in the night time by fire-light, etc., providing a penalty therefor.
By a two-thirds vote-yeas 104, nays none-the following bill was introduced, and by a two-thirds voteyeas 102, nays none-read the first time and referred to the Committee on Corporations, to-wit: By Mr. Beatty-
A bill to repeal an act to incorporate the town of Weston, formerly known as Hard-Money, in the county of Webster, approved March 6, 1856, and an act amendatory thertof, approved February 16, 186t5.

Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report :
Mr. Speaker :
The Committee on the Judiciary have had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to amend section 1445 of the Code of 1873.

110

JOURNAL OF THE HIUSE,

Also, a bill to amend section 4637 of the Code of 1873.
Also, a bill to prevent the suppression of the truth by the employment of the witness as an attorney.
The committee have also had under consideration the following bills, which they report back to the House with the recommendation that the introducers be allowed to withdraw, to.wit:
A bill to amend section 4161 of the Code relating to garnishment in Justices' Court.
Also, a bill to amend sections 3201, 3204, 3205, 3206, 3207 and 3208 of the Revised Code of 1873.
Respectfully submitted, WM. M. HAl\IMOND, Chairman.
Mr. Polhill, chairman Special Committee on the Judiciary, submitted the following report:
Mr. Speaker :
The Special Committee on the Judiciary have had under consideration the following bill, which they recommend do pass, to-wit:
A bill entitled an act to repeal an act entitled an act to keep open and remove obstructions to the free passage of fish in the waters of all rivers and mouths of all creeks of this State, so far as the same applies to the county of Haralson.
Also, the following bill which they recommend do pass as amended, to- wit :
A bill to be entitled an act to repeal an act to fix the place for Sheriff's sales in the county of Baldwin approved February 13, 1874.
Also, the following bill which they recommend do not pass, to-wit:
A bill to be entitled an act to fix the compensation of grand and petit jurors for the county of Brooks, and State of Georgia.
Respectfully submitted, J. H. PoLBILL, Chairman.

WEDNESDAY, JULY 13, 1881.

111

Mr. Smith, of Oglethorpe, chairman of the Commit-
tee on Agriculture, submitted the following report :
J[r. Speaker: The Committee on Agriculture have had under con-
sideration the following bills, which they recommend that the introducer be allowed to withdraw, to-wit:
A bill to be entitled an act to make it a misdemeanor for any person to set fire to the woods of another, where the owner does not desire tL.e same burned, and for other purposes.
Also, a bill to be entitled an act to prohibit the buying, selling, delivery, or receiving of ar.y farm produce herein specified, betweun the hours of sunset and sunrise, and for other purposes.
The committee, also, recommend that the following bill do pass, as amended, to-wit:
A bill to be entitled an act to prevent the purchase, Or sale, or receipt, or delivery of seed cotton after sunset and before sunrise.
The committee, also, recommend that the following bill do not pass, to-wit:
A bill to be entitled an act to prohibit the killing of wild deer and turkey in their raising season, outside {)f enclosed ground in this State.
Respectfully submitted, J A~IES M. SliiiTH, Chairman.
By a two-thirds vote-yeas 97, nays none- -the following bill was introduced, and by a two- thirds voteyeas 108, nays none-read the first time and referred to the Committee on Temperance, to-wit: By Mr. Reese-
A bill to prohibit the sale of intoxicating liquors at ~elhi, in 'Vilkes county, Georgia, and within a ra-<hus of four miles of said village of Delhi.
. The following bill was introduced, read for the first time, and referred to the Committee on the state of the Republic.

112

.JouRNAL OF THE HousE,

By Mr. EstPt-'A bill to :l pportion among the several counties of
this StatH, the whole number of Represenatives, of which tile House of Representatives, under the Constitution, i::; composed, and to declare the number of Representatives to which each county is entitled, undt>r the lOth census.
The following bill was introduced, read for the first time and referred to the Committee on Railroads, towit:
By Mr. FordhamA bill to require all railroad companies in this-
State to furnish shelters for guano, etc., at all stations where amount shipped is one hundred tons, etc.
The following res~lution was read and agreed to,. to-wit:
By Mr. StrotherA resolution, requiring the Keeper of Public Build-
ings to have t}le upper tier of windows in the Representative Hall fixed.

On motion of Mr. Arrington, the rules were suspended, and the following bills reported back by theCommittee on Local and Special Bills were read the first time and referred as follows, to-wit :
By Mr. ArringtonA bill to amend the act incorporating the town of
Quitman, in Brooks county, and the several acts amendatory thereof, by reducing the corporate limits. of said town, and conferring additional powers upon the Mayor and Aldermen of said town.
Referred to the Special Committee on the Judiciary. Also, a bill to create a Board of Commissioners for Brooks county, to prescribe the mode of the appointment of the members of such board, and for other purposes therein mentioned. Referred to the Special Committee on the Judiciary.

'VEDNESDAY, JULY 13, 1881.

113

Also, a bill to curtail and define thR powers and duties of the Judge of the County Court of Brooks county in relation to county matt.=>rs, and to fix the amount of his salary.
Referred to the Sp?cial Committee on the Judiciary. By Mr. vVhittle-
A bill to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors within the limits of Lowndes county, and to provide a punishment for the violation of the same.
Referred to the SpPcial Committee on the Judiciary. By Mr. Jones, of D .. Kalb-
A bill to repeal an act approved St>ptember 25, 1879, in reference to the road laws of the State, as far as they relate to the county of DeKalb.
Referred to the Special Committee on the Judiciary.
The following bill was introducPd, redd the first time and referred to the Committee on Education, to wit: By Mr. Julian-
A bill to prohibit County School Commissioners from teaching public schools in this State.
The following bill was introduced, read the first time, and referred to the Committee on Temperance, to-wit: By Mr. Julian-
A bill to prohibit the sale of intoxicating drinks in two miles of any church or academy in this State, said churches and academies being outside of the incorporate limits of cities and towns.
On motion of Mr. Bar:row, the following bill was taken up and re-committed to the Committee on Immigration, to wit :
A bill to amend an act to encourage immigration, .and for other purposes, approved October 17, 1879.
Mr. Hutchins, chairman of the Committee on Finance, submitted the following report:
Mr. Speaker :
The Committee on Finance have had under consider. 8

114

JOURNAL OF THE HOUSE,

ation the following bill, which they recommend dopass, to-wit:
A bill to be entitled an act to provide for the payment of all managers of elections and their clerks, in this State, and for other purposPS;
Also, the following bills, which they recommend do not pass, to-wit:
A bill to require Tax Collectors to receive jurv scrip in payment of county taxes.
Also, a bill to be entitled an act to authorize andrequire certain officers and members of the General Assembly to remain at the capitol for two days after the adjournment of the sessions thereof, for the purpose of attt>nding to all unfinished business of a ministerial or clt>rical character and not r<'quiring further legislative action, to provide compensation therefor, and for other purposts.
Also, a bill to be entitled an act to amend an act to levy and collect a tax for the support of the State government and the public institutions, to pay the interest and maturing principal of the public debt, and for educational and other purposes therein mentioned, for each of the fiscal years 1881 and 1882, approved DRcember 7, 1880, by repealing the 6th section of said act, as to building and loan associations, a11d for other purposes.
The committee have also had under consideration the following local and special bills, to-wit:
A bill to be entitled an act for the relief of Elder James "\V. Howard and Deacons D. M. Morris and Wesley H. Tice, of the 8econd Baptist church of the city of Columbus, to confirm their title to certain landsin block 13 in the survey of the city of Columbus, and to enable them to sell the same and re-invest the same in church proparty to be held for the use of said church, which they recommend do pass.
Also, a bill to be entitled an act to authorize and

WED.:iESDAY, JULY 13, 1881.

115

require the Comptroller-General of the State to pay to W. J. T. Hutchison, former Tax Collector of the county of Lumpkin, the same fees for collecting the State taxes for the years 1877, 1878 and 1879 as were allowed other Tax Collectors for like services, which they recommend do not pass.
Proper notices of intention to introduce said local and special bilis have been given, as required by law.
Respectfully ~ubmitted, N. L. HuTCHINS, Chairman.

Mr. Hunt offered the following resolution, which was read and agreed to, to-wit:
A resolution calling for certain information of the Principal Keeper of the Penitentiary.
Mr. Barrow offered the following resolution, towit:
A resolution to appoint a oommittee of twenty, of which the Speaker shall be chairman, to attend the commencement exercises of the State University, at Athens, on Wednesday next.
N r. Miller moved to refer the resolution to the Committee on Rules. 'fhe motion did not prevail.
Mr. Miller moved to refer the resolution to the Committee on Education, which motion did not prevail.
Mr. Martin, of Houston, moved to lay the resolution on the table. Lost.
The resolution was then agreed to.
By permission of the House, Mr. McLeod withdrew House bill No. 192.
The Speaker appointed as the committee, under the resolution of Mr. James, relative to Local Legislation,. Messrs. James, Rankin, McBride, Garrard and Silman.
As the committee, under the resolution of Mr. Sweat. on the question of re-apportionment of the members of

116

JouRNAL OF THE HousE,

the General Assembly and re-districting the State into Senatorial and Congressional Districts : From 1st District, Messrs. Sweat, Lamb and Singleton ; from 2d District, Messrs. Sapp, Crozier and Hester ; from 3d District, Messrs. Beatty, Fuller and Williams; from 4th District, Messrs. Post, Story and Martin, ot Talbot; from 5th District, Messrs. Lewis, Flynt and Winslow ; from 6th District, Messrs. Carithers, Tharpe, and Burch; from 7th District, Messrs. Branson, Wright and Dial; from 8th District, Messrs. Twiggs, Reese and Youngbluod; from 9th District, Messrs. Estes, Little and Davis, of Lumpkin.
On motion of Mr. Polhill, the remaining time of this morning's session was devoted to reading, the first time, bills reported back to the House by the Committee on Local and Special Bills. Under this resolution the following bills were read the first time and referred, to-wit:
By Mr. WilcoxA bill to prescribe the mode of granting license to
sell intoxicating liquors in the county of Telfair, and in the incorporated towns of said county, and fix the fee at $5,000.
Referred to the Special Committee on the Judiciary.
By Mr. Batt>sA bill to proviC!e for the payment of extra compen-
sation to the Sheriff and Clerk of Burke county, for their services during the terms of the Superior Court.
Referred to the Special Committee on the Judiciary.
By Mr. DuBignonA bill to amend the sevt>ral laws incorporating the
.city of Milledgeville, in reference to the election of Marshal and Deputy Marshal, therein.
Referred to the Committee on Corporations. By Mr. BarrowA bill to allow the Mayor and Council of Athens to use the money set aside for building public cisterns,

THURSDAY, JULY 14, 1881.

117

to pay appropriation to Pioneer Hook and Lader Company for the purchase of a lot to build their hall.
Referred to the Committee on Finance. Also, a bill to amend an act, approved Februray 26, 1876, so as not to compel the Mayor and Council to levy a tax of one-half of one per cent. to pay the principal and interest of bonds therein mentiont>d. Referred to the Special Committee on the Judiciary. By Mr. Basinger..A bill to incorporate the Savannah Transportation
Company. Referred to the Committee on Corporations.

Leave of absence was granted to Mr. Moore, of Tali-

aferro, on account of sickness.



The House then adjourned till 9 a. m., to-morrow.

.ATLANTA, GEORGIA,
Thursday, July 14, 1881.
The House met pursuant to adjounment, was called to order by the Speaker and opened with prayer by the Chaplain.
On motion of Mr. Estes, the roll call was dispensed with.
Mr. Harrell, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
Leave of absence was grantf'd to Mr. Dyer on account of sickness, and to Mr. Walker, of Jasper, for a few days, on special business.
Mr. Maddox, on behalf of the Special Committe(, to investigate the lease of the Western and Atlantic Railroad, asked that Messrs. Hunt and Hightower be added to said committee. The request was granted.

118

JouRNAL OF THE HousE,

The following bill was read the third time and laid on the table, to-wit:
A. bill to authorize the Mayor and Council of Butler to levy a tax for school purposes, and to amend the charter of said town.
The following mes~:~age was received from the Senate through Mr. Harris, the Secretary thereof:

Mr. Speaker :

The Senate has passed the following bills, in which

they ask the concurrence of the House of Represen-

tatives, to-wit:

A bill to amend section 1312 of the Code of 1873,

which was passed by the reqnisite constitutional ma-

jority of yeas 33, nays none.



Also, a bill to amend section 3696 of the Code of

1878, which was passed by the requisite constitutional

majority of yeas 34, nays none.

Also, a bill to provide for the speedy foreclosure of

mortgages on realty in certain cases where agreed upon

by parties, which was passed by the requisite consti-

tutional majority of yeas 26, nays none.

The Senate has concurred in the following House bill, to wit :
A bill to allow the removal of the Reformed Medical College from Macon to Atlanta, which was passed by the requisite constitutional majority of yeas 31, nays none.

The following bill was recommitted to the Committee on Temperance, to-wit:
A bill to prohibit the sale of intoxicating liquors outside of the limits of incorporated towns containing two thousands vr more inhabitants.

By permission of the House, the f()llowing bill was withdrawn, to-wit: House bill No.5.
A. bill to make it a misdemeanor to set fire to the woods of another, where the owner objects.

THURSDAY, JULY 14, 1881.

119

The following bills were read the second time, towit:
.A bill to establish a branch College of .Agriculture and Mechanical .Arts and Sciences at Hamilton, in this State.
.Also, a bill to provide for the compensation of certain public officers of this State.
.Also, a bill to suspend an act to create a Board of Commissioners of Roads and Revenues in the county of Milton.
Also, a bill to prevent the purchase, or sale, or receipt, or delivery of seed cotton after sunset or before .sunrise.
.Also, a bill to amend section 1319 of the Code of .187il, relating to the election of county officers.
.Also, a bill to repeal an act to keep open and remove obstructions to the free passage of fish in the waters of all rivers and mouths of creeks of this State, so far as the same applies to the county of Haralson.
Also, a bill to appropriate the sum of five thousand dollarR for the repair of the public buildings at Milledgeville, in this State.
.Also, a bill to provide for sales made under and by
virtue of any fl. fa. or other process issued from the
-County Courts of this State.
.Also, a bill to amend section 3648 of the Code of Georgia.
.Also, a bill to protect the citizens of the county of Dade from the consequences of cattle speculators, and other persons, driving stock into or through said county of Dade, and spreading distemper or disease to the destruction of the cattle of people living therein.
.Also, a bill to be entitled an act to regulate the hiring of minors.
.Also, a bill to amend the charter of the city of -Griffin, so as to authorize the Mayor and Council to establish a system of public schools, and to provide

120

JouRNAL OF THE HtlUSE,

revenue for the support of the same, and for other purposes.
.Also, a bill to apply all moneys received by the Department of .Agriculture for the inspP-ction of fertilizus-in excess of what is necPssary to defray the expense of said degartment-into the common school fund of this State.
.Also, a bill to exempt from jury duty all practicing. dentists of this State.
.Also, a bill to reg nlate the manner of letting out contracts to build or repair public bridges over water courses which divide one or more counties from each other, and to provide for the payment of the same when completed.
.Also, a bill to provide for the compensation of the Ordinary, Clerk Superior Court and Sheriff of Lincoln county.
Also, a bill to repeal an act to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Baker, approved Fehruary 20, 1877, amended by reducing the number of commissioners from five to three, and for other purposes therein named .
.Also, a bill to a.uthorize the Board of Commissioners of Roads and R .. venues of Baker county to levy ancl collect a tax of 50 per cent. on the State tax for the years 1881 and 1882.
.Also, a bill to rt>gulate the payment of per diem pay and mileage in cases of contestants and contestees.
.Also, a bill to authorize the corporation of the city of Sandersville to levy a tax for the purpose of estab lishing and maintaining public schools in said city,.. and to authorize the County School Commissioner of Washington county to pay over to the Board of Education of said public schools such part of the State school fund as may be their just pro rata share thereof,_ and to authorize the City Council to appropriate the proceeds from the grant of licenses to retail liquors in

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121

said city, also the city's interests and dividends from its investment in the Sandersville and Tennille Railroad.
.Also, a bill to amend an act approved October 13, 1879, in reference to the jurisdiction of County Courts.
.Also, a bill to refund to the purchasers, or those holding under them, money received by the State of Georgia for lot of land 124, in the 5th district of 3d . section of originally Cherokee now Bartow county, sold at judicial sale.
.Also, a bill to authorize the trustees of the State University to accept as a branch of said institution a College of .Agriculture and Mechanic .Arts and Sciences to be established at Rome, in this State, and to make appropriations for payment of teachers for such college out of the Land Scrip Fund, as provided by act of Congress, July 2, 1862, and now administered by said trustees.
.Also, a bill to fix the compensation of the Solicitor of the County Court of Richmond county.
The following bills, reported on adversely by the committees to -which they were each respectively referred, were read the second time, the report agreed to and the bill lost, to-wit:
.A bill to provide compensation for Judges of theSuperior Court in certain cases.
.Also, a bill to relieve W. H. Clarke, James 0. Harris~ W. E. Hoyle, Geo. W. Jones and George T. Fry, sureties on the bond given to the county of Fulton by Samuel R. Hoyle, as Tax Collector of said county.
.Also, a. bill to make uniform the fees of Tax Receivers and Collectors in all the counties in this State.
.Also, a bill to amend section 1712 of the Code, with reference to granting. divorces.
.Also, a bill to amend section 610 of the Code, with reference to public road bands.
.Also, a bill to declare male heads of families, who

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have taken a homestead of realty, f1ee-holders for all purposes required by law.
Also, a bill to repeal the first section of an act to regulate and reduce the fees of Tax Receivers and Collectors in all the counties of this State, approved September 26, 1879.
Also, a bill to dispense with grand juries in the Superior Courts of this State, when the session continues longer than one week.
Also, a bill to repeal an act to allow persons, against whom warrants are sued out as tenants holding over, three days in which to file counter affidavits.
Also, a bill to pr(Jhibit the running of cars on the various railroads in this State, and to prescribe punishment therefor.
Also, a bill to alter and amend the fees of Justices of the Peace and Notaries Public
Also, a bill to provide places for holding Justices' Courts.
Also, a bill to compensate certain officers for services rendered, where by law no adequate compensation is furnished.
Also, a bill to extend the time of Tax Collectors in making their final settlements with the State.
Also, a bill to make verbal slander in certain cases a misdemeanor.
Also, a bill to allow John W. Buchanan and David Lovet to peddle without license.
Also, a bill to require the Solicitors-General of this State to bring rules against attorneys at law in certain cases.
Also, a bill to authorize and require the Clerks of the Superior Courts to cancel the records of deeds made to secure debt, morgages and other liens.
Also, a bill to add a proviso to section 3383 of the revised Code of Georgia.
Also, a bill to amend an act to amend section 2009 -of the Code, with reference to homesteads.

THURSDAY, JULY 14, 1881.

123

.Also, a bill to amend section 340 of the Code, so as to authorize Clerks of the Courts of Ordinary to administer oaths.
.Also, a bill to prohibit the payment to any sitting member of per diem or mileage if such member's seat be contested and illegally held.
.Also, a bill to regulate the tracing of land lines. .Also, a bill to amend section 1445 of the Code of 1873. Also, a bill to prevPnt the suppression of the truth by the employment of the witness as an attorney. Also, a bill to require vendors of sewing machines to procure license. .Also, a bill to amend section 4077 of the Code of Georgia. The following bill was recommitted to the General -committee on the Judiciary, to-wit: A bill to provide for appeals in the SupPrior Courts of this State.
The following bill was read the second time and laid -on the table, to-wit:
.A bill to prohibit the employment of minors without the consent of parents.
The following bill was recommitted to the Committee on Temperance, to wit:
A. bill to regulate the sale of liquors in the State of Georgia.
The following bill was laid on the table, to-wit:
A. bill to amend t:!ection 4161 of the Revised Code.

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

Mr. Speaker :
The committee on Local and Special Bills have had under consideration the following bills which cannot be consolidated with other bills, and report the same

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back to the House and recommend they be read the :first time and referred to Special Committee on the Judiciary:
A bill to prohibit the sale of spirituous liquors in the county of Jefferson.
Also, a bill to incorporate the Logansville Railroad Company, extending from the town of Lawrenceville, in the connty of Gwinnett, to the town of Logansville, in the county of Walton, in said State, and for other purposes therewith connected.
Also, a bill to amend the charter of the Savannah, Florida and \Vestern Railroad Company, and for other purposes.
Also, a bill to repeal an act entitled an act to establish a Board of Commissioners of Revenue, Roads, Bri,:lges and Paupers, for the county of Murray, approved February 21, 1873.
Also, a bill to repeal an act entitled an act to change the name of the Reform MediCal College of American Medicine and Surgery, assented to, February 23, 1874.
Also, the following bills to be read and referred fo Committee on Temperance:
A bill to prohibit the sale of intoxicating liquors, of any and every kind, within two miles of the Baptist and Methodist churches, in the village of Long Cane, Troup county, Georgia.
Also, a bill to prohibit the manufacture, or sale of spirituous or malt liquors, within the limits of the county of Talbot, and to prescribe a penalty for the violation of the same.
ARTHUR H. GRAY, Chairman.
Mr. Gray, chairman pro tem. of the Special Committee on the Judiciary, submitted the following report:
Mr. Speaker:
The Special Committee on the Judiciary has had

THURSDAY, JULY 14, 1881.

125

under consideration the following bills, which they recommend do pass, to-wit:
A bill to be entitled an act to re-peal so much of an act to prevent any person or persons from seining for fish in the waters of Suwanooche and Tom's creeks, in the counties of Clinch and Echols, as relates to Clinch county.
Also, a bill to be entitled an act to repeal all the laws 1 concerning registration of voters in Camden county.
Also, a bill to be entitled an act to increase the lic9nse for selling intoxicating liquors, in any quantity, from twenty-five to five thousand dollars in the county of Camden.
Also, a bill to amend the charter of the town of Louis ville, Jefferson county, and to prohibit the sale of spirituous liquors in said town.
Also, the following bills, which they recommend do pass, as amended, to- wit :
A bill to be entitled an act to supercede an act entitled an act to incorporate the town of Buchanan, in the county of Haralson; to appoint Commissioners for the samf', and for other purposes, approved December 22, 1857; to provide for a Mayor and Council for said town; to authorize the Mayor and Council to levy and collect a special license tax from each firm or dealer in intoxicating liquors in said town ; to levy a tax on all the property in said town subject to State tax; to extend the corporate limits of said town ; to define the powers and duties of the Mayor and Council, and for other purposes.
Also, a bill to be entitled an act to fix the compensation of the Solicitor of the County Court of Richmond county.
Also, a bill to be entitled an act to authorize the Board of Commissioners of Roads and Revenue of Baker county, to levy and collect a tax of fifty per cent. on the State tax for 1881 and 1882, and for other purposes.

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JOURNAL OF THE HOUSE,

Also, the following bill which they recommend do pass by suhstitute, to-wit :
A bill to he entitled an act to repeal an act entitled an act to amentl an act to create a Board of Commissioners of Roads aqd Revenues, for the county of Bake;, approved February 20, 1877, amended by reducing the number of Commissioners from five to three, and for other purposes therein named.
Also, thH following hill, which they recommend be referred to Special Committee on Temperance, to-wit:
A hill to be entitl~d an act to amend an act entitled an act to prescribe the mode of granting of license to sell intoxicating liquors in the counties of Burke, J efferson and Washington, approved February 20, 1873, and also to amend an act amendatory of the above recited act, approved March 5, 1875, so as to extend the provisions of said recited acts to all the counties in this State.
Also the following bills, which they recommend that the introducer have leave to withdraw, to-wit:
A hill to be entitled an act to amend an act entitled an act to fix the compensation allowed for feeding prisoners confined in Monroe county jail, approved February 21, 1876, so as to allow the Board of Commissioners of Roads and Revenue, in their discretion, to fix the amount of said compensation.
Also, a bill to be entitled an act to prohibit the sale of malt or spirituous liquors within one and one-half miles of Unionville (A. M. E.) church, in Monroe county.
Also, a bill to be entitled an act to repeal an act entitled an act to establish a Board of Road Commissioners and to providR a system for working the public roads in the county of Bryan, and for other purposes, and to provide for governing said public roads in Bryan county, and working the same according to. the road laws of general operation in this State.

THURSDAY, JULY 14, 1881.

127

Also, a bill to be entitled an act to amend an act to create a Board of Commissioners of Roads and Revenue for the county of Taylor.
Also, a bill to be entitled an act to authorize the Board of County Commissioners for the county of Mitchell, to levy a tax to meet the current expenses of said county for the years 1881 and 1882, not to exceed fifty per cent. on State tax.
Also, a bill to be entitled an act to exempt from road and jury duty, the active members of a military organization, known as Howell's Artillery, of Washington county.
Respectfully submitted, ARTHUR H. GRAY, Chairman protem.

Mr. Hammond, chairman of the Gener:tl Committee on the Judiciary, summitted the following report, towit:

Mr. Speaker:
The General Committee on the Judiciary have had under consideration the following bills, which they recommend dll not pass, to-wit:
A bill to amend section 4077 of the revised Code of' 1873, which relates to tenants holding over.
Also, a bill to regulate the practice in the courts of this State, as to requests to charge the jury.
Also, a bill to amend section 4504 of the Code of 1873.
Also, the following bill which they recommend do pass, as amended, to wit :
A bill to exempt from jury duty all regularly licensed pilots, together with their boat keepers actually engaged on the pilot boats in the waters of this State.
Also, the following bill, which they recommend do pass by substitute, to-wit:
A bill to amend and act, approved October 13, 1879,_

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in reference to the jurisdiction of County Courts of this State.
Respectfully submitted, "\V. M. HAMMOND, Chairman.

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

JJr. Speaker:
'l'he Committee on Finance have had under their ~onsideration so much of the Governor's message as relates to the c]aim of Messrs. VanDyke. Cooke & VanDyke, and N. J. Hammond, and report the following bil1, to-wit:
A bill to be entitled an act to appropriate money for the compensation of VanDyke, Cooke & VanDyke, and N. J. Hammond, attorneys and solicitors, for services rendered the State in the cases and courts therein mentioned, and for other purposes.
The committee have also had under consideration a joint resolution appropriating two thousand dollars to the Atlanta University, which they recommend do not pass.
Also, the following Local and Special Bills, to-wit: A bill to be entitled an act to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the county of Houston, and for other purposes therein named, which they recommend do pass.
Also, a bill to be entitled an act to refund to the purchasers, or those holding under them, money received by the State of Georgia for lot of land No. 124 in the 5th district of the 3d section of originally Cherokee, now Bartow county, sold at judicial sale, which they recommend do pass, as amended.
Proper notices of intention to introduce said bills were given, as required by law.

THURSDAY, JULY 14, 1881.

129

Also, the following, which thf'y recommend do not -pass, to-wit:
A bill to amend section 1631 of the Code, and to repeal section 1633 of thf' Code.
Respectfully submitted, N. L. HuTCHINS, Chairman.

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

Mr. Speaker:
The Committ~e on Enrollmt>nt report as duly enrolled and ready for the signature of the Speaker of the House of Representatives the following act, towit:
An act to allow the trustees of the Reformed Medical College of Georgia to remove said college from Macon to Atlanta.
Respectfully submitted, J. L. t:iwEAT, Chairman.

Mr. N orthen, 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 be referred to the Committee on the Institution for the J3Und,to-wit:
A bill to be entitled an act for the establishing of an academy for the colored blind children of the State.
The committee have also considered the following bill, which they recommend do pass, to-wit:
A bill to be entitled an act to authorize the trustees -of the State University to accept as a branch of said institution a College of Agriculture and Mechanical Arts and Sciences to be established at Rome, in this State, and to authorize and direct said trustees to make
9

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JoURNAL OF THE HousE,

ap-propriations for payment of teachers for such college out of Land Scrip Fund, as provided by act of Congress of July 2, 1862, and now administered by said trustees.

The committee have also considered the following bills, which they recommend do pass, as amended, towit:
A bill to authorize the corporation of the city of Sandersville to levy a tax for the purpose of establishing and maintaining -public schools in said city, and to authorize the County School Commissioner of Washington county to -pay over to the Board of Education of said public schools such part of the State School Fund as may be their just pTo rata share thereof, and to authorize the City Council of said city to appropriate the proceeds from the grant of license to retail spirituous liquors in said city, and also the interests and dividends from the city's investment in the Sandersville and Tennille Railroad, to said public school purposes.
Also, a bill to be entitled an act to establish a system of pubhc schools for the city of Rome.

The committee have also considered the following bill, which they recommend do not pass, to-wit :
A bill to be entitled an act to provide for the collection of poll tax of the city of Americus by the Mayor and Council of said city, and to allow said authority to appropriate the same to the public school fund of said city.
The following bill, to-wit: A bill to be entitled .an act to exempt from State, county and municipal taxation the property of the Atlanta Female Institute, the committee recommend be referred to Committee on Finance.
Respectfully submitted, "\V. J. NoRTHEN, Chairman.

THURSDAY, JULY 14, 1881.

131

The tollowing bill was laid on the table, to wit: A bill to provide for the compensation of tales jurors.
The following bill was re-committed to the Committee on Temperance, to-wit:
A bill to prescribe the method of granting license to sell intoxicating liquors in the county of Effingham, and to increase the fee to five thousand dollars.

On motion of Mr_ N orthen, the rules were suspended by a unanimous rising vote, and the memorial of the Woman's Christian Temperance Union was read, and the petition exhibited and referred to the Committee on Temperance_
The following bill was laid on the table, to-wit: A bill for the relief of J_ E_ McGuire, of the county of Bartow, and for other purposes.
The following bill was re-committed to the Committee on the Lunatic Asylum, to-wit:
A bill to provide for the re-imbursement of counties in this State for expenses incurred in keeping lunatics.
The following bill was re-committed to the Committee on Finance, to-wit:
A bill to provide compensation for the managers and clerks of elections.
The following bill was re-committed to the Special Committee on the Judiciary, to-wit:
A bill to prohibit the killing of wild dePr and turkeys in their raising season outside of enclosed grounds.
By permission of the House, the following bills were withdrawn, to-wit:
A bill to amend sections 3'338 and 3339 of the Code. Also, a bill to abolish the office of State School Commissioner. Also, a bill to regulate and prescribe the fees of Justices of the Peace and Notaries Public of this State_

132

J OURN.AL OF THE HOUSE,

Also, a bill to amend section 3939 of the Code. Also, a bill to amend an act fixing the compensation for feeding prisoners in jail in Monroe county. Also, a bill to prohibit the sale of liquors in one and one-half miles of Unionville church, Monroe county. Also, a bill to prohibit the buying or selling of any farm produce between the hours of sunset and sunrise. Also, a bill to exempt the members of Howell's Artillery from jury duty. Also, a bill to amend the act creating a Board of of Commissioners of Roads and Revenues for the county of 'faylor. Also, a bill to amend section 4161 of the Code.
On motion of Mr. Hutchins, the rules were suspended and the following bill introduced, read the first. time and referred to the Committee on Finance, to-wit: By Mr. H utchim-
A bill to appropriate money for the compensation of Van Dyke, Cooke & Van Dyke and N. J. Hammond, attorneys and solicitors, for services rendered the State in the cases and courts herein mentioned, and for other purposes.
The Speaker announced as the committee to visit the State University next "\Vednesday, Messrs. Northen, Barrow, Basinger, Bull, Cameron, Crawford, Daniel, DuPree of Pike, Gray, Hightower of Stewart, Hill, Hillyer, Hunt, Jackson of Richmond, Janes, Lamar, Milner, Mitchell, Roney and Summerlin.
In response to the resolution of the House, the Principal KeepE-r of the Penitentiary submitted a report, which was read and referred to the Committee on the Penitentiary.
By a two-thirds vote-yeas 107, nays none-the following bill was introduced, and by a two-thirds votey~as 96, nays none-read the_ first time, and referred to the Special Committee on the Judiciary, to-wit:

FRIDAY, JULY 15, 1881.

133

By :Mr. JanesA bill to regulate the sale of spirituous or intoxica-
ting liquors of any kind in the county of Polk, State of Georgia, and for other purposes, and to prescribe penalties for a violation of this act.
By a two-thirds vote-yeas 91, nays none- -the following bill was introduced, read the first time, and by a two-thirds vote-yeas 100, nays none-referred to the Committee on Railroads, to-wit:
By :Mr. :MiddlebrookA bill to incorporate the Covington and North
Georgia Railroad Company, and grant certain powers and privileges to the same.
By a two-thirds vote-yeas 91, nays none-the following bill was introduced, and by a two-thirds voteyeas 98, nays none-read the first time and referred to the Committee on Railroads, to-wit: By :Mr. :Middlebrook-
A bill to incorporate the Covington and South River Railroad Company.
:M:r. :Miller offered the following resolution, which was read an.i agreed to, to wit :
A resolution to authorize the Speaker to appoint members elected to fill vacancies to places on the Standing Committees of the House.
Leave of absence was granted to :Mr. Post on account of sickness ; to Messrs. :McCleland, Branch and Johnson of Lee, on account of sickness in their families, and to :Messrs. :McAllister and Silman, on business.
The House then adjourned till 9 A. l\L to-morrow.

ATLANTA, GEORGIA,
Friday, July 15, 1881. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.

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JouRNAL oF THE HousE,

On motion of Mr. Burch, the roll call WllS dispensed with.
Mr. James, from the Committee on Journals, reported the J oornal of yesterday examined and approved.
The Journal was then read and approved. Mr. Martin, of Talbot, gave notice of a motion to reconsider. Mr. Lamar gave notice of a motion to reconsider. Mr. Martin, of Talbot, moved to reconsider so much of the J onrnal as relates to the action of the Honse upon a bill to require the SolicitorsGeneral of the several circuits of this State to bring 1nles against attorneys at law in certain cases. Lost on yesterday. The motion to reconsider prevailed. Mr. Lamar moved the reconsideration of so much of the Journal as relates to the action of the Honse upon a bill to provide for the compensation of the J odges of the Snperior Courts in certain cases. The motion to reconsider did not prevail.

On motion of Mr. Post, the following bill was withdrawn, to wit :
A bill to prohibit the employment of minors without the consent of parents.
Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report, to-wit:

Mr. Speaker:
The Committee on Enrollment report, as duly enrolled, signed by the Speaker ot the Hoose of Representatives, President of the Senate, and delivered to the Governor the foilowing act, to-wit :
An act to allow the TrustPes ot the Reformed Medical College of Georgia to remove said college from Macon to Atlanta.
Respectfully submitted, J. L. SwEAT, Chairman.

FRIDAY, JULY 15, 1881.

135

The following message was received from the Senste, through Mr. Harris, the Secretary thereof.
Mr. Speaker :
The Senate has passed the following bills, in which they ask the concurrence of the House of Represenatives, to-wit:
A bill to regulate the giving in of testimony of phy-sicians and surgeons, which was passed by the requisite constitutional majority-yeas 24, nays none.
.Also, a bill to authorize jury commissioners to exclude from jury box all persons exempt by law in the various counties of this State, which was passed by the requisite constitutional majority-yeas 24, nays none.
.Also, a bill to amend section 2390 of the Code of 1873, which was passed by the requise constitutional majority-yeas 24, nays none.
The Senate has also passt>d the following resolution, in which they ask the concurrence of the House of Representatives, to-wit:
.A joint rt>solution to request our Senators and Representatives in Congress to secure an appropriation for :an assay office at Dahlonega, Ga.
On motion of Mr. McCants, the following bill, read the third time on yesterday and tabled, was taken up, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 109, nays none-to-wit :
.A bill to amend the several act~ incorporating the town of Butler, and to authorize the Mayor and Coun-cil of said town to levy and collect taxes for the purpose of establishing and maintaining schools in said town.
The following bill was, by permission, withdrawn, to-wit, No. 441:
.A bill to authorize and require the Comptroller-Gen-

136

JouRNAL OF THE HousE,

eral to pay W. J. T. Hutchison, former Tax Collentor of Lumpkin county, certain fees for collecting taxes for the years 1877, 1878 and 1879.

Mr. Polhill, chairman of the Special Committee on the Judiciary, submitted the following report :

Mr. Speaker :
The Special Committee on the Judiciary have had under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to prohibit the sale of intoxicating drinks of vinous, malt or spirituous liquors, in any quantities whatsoever, within two miles of any church within the corporate limits of the town of Forsyth.
Also, the following bills which they recommend do not pass, to-wit:
A bill to be entitled an act to provide for the furnishing to the County Treasurers of the various counties of this State a copy of the Code of this State.
Also, a bill to be entitled an act to amend the charter of the town of Hamilton, in Harris county, in this State, so as to allow druggists to sell spirituous liquorsfor medicinal purposes, etc.
Also, a bill to be entitled an act to consolidate the offices of Sheriff and Receiver of Tax Returns in the county of Camden.
Respectfully submitted, J. H. PoLHILL, Chairman.

Mr. Rankin, chairman of the Committee on Railroads, submitted the following report, to -wit:

Mr. Speaker:
The Committee on Railroads have had under consideration the following bill, which they have instructed me to report back to the Haase with the recom-

FRIDAY, JULY 15, 1881.

137

mendation that the introducer have leave to withdraw the same, to-wit:
A bill to be entitled an act to amend an act entitled an act to provide for the regulation of railroad freight and passenger tariffs, etc_, etc., approved October 14, 1879.
Also, 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, which I have been instructed to report back to the House, with the recommendation that it do pass by substitute.
Also, a bill to be entitled al! act to amend an act approved February 29, 1876, to enable purchasers of railroads to form corporations, etc., which the committee recommend do pass.
Also, a bill to be entitled an act in relation to corporations heretufore organized under an act to enable the purchasers of railroads to form corporations, ap proved February 29, 1876, which the committee have instrncte:l me to report back to the Honse with the recommendation that it do pass as amended.
Also, a bill to be entitled an act to authorize the Governor to lease a part of the right-of-way of the Western and Atlantic Railroad, which I am instructed to report back, with the recommendation that the in troducer have leave to withdraw.
Also, a memorial of the Board of Trade, city of Albany, Georgia, which the committee report back without recommendation.
Respectfully submitted. W. R. RANKIN, Chairman.

Mr. Hammond, chairman of the General Committeeon the Judiciary, submitted the following report:

Mr. Speaker: The General Committee on the Judiciary have had.

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JOURNAL OF THE HOUSE,

under consideration the following bills, which they
recommend do not pass, to-wit:
A bill to amend section 1407 of the Code of 1873, relating to the licensing of druggists.
Also, a bill to protect managers of elections, held in this State, and any papers necessary to the proper returns from any voting precinct in this State.
The committee return the following bills to the House, with the recommendation that the introducers be allowed to withdraw them, to-wit:
A bill to authorize the Ordinaries of this State to issue dedimus protestatem, in cases over which they have jurisdiction.
Also, a bill to amend and alter section 3976 of the Code of 1773, relative to personal mortgage, executions, and for other purposes.
Respectfully submitted, WM. M. HAMMOND, Chairman.

Mr. Reese, of Wilkes, offered the following resolution, which was read and referred to the Committee on Public Library:
A resolution, to prohibit the lending of law books belonging to the State Library.

By a two-thirds vote-yeas 109, nays none-the following bill was introduced, and by a two-thirds voteyeas 98, nays none-read the first time and referred to the Committee on Finance, to-wit: By Mr. Wheeler-
A bill to change so much of the common school law as relates to the present County School Commissioners Of the county of Walker, State of Georgia.
Ou motion of Mr. Edwards, the following bill was withdrawn, to-wit:
A bill to provide for the furnishing to the County Treasurers of the various counties of this State a copy .of the Code of this State.

FRIDAY, JULY 15, 1881.

139

By a two-thirds vote-yeas 104, nays none-the following bill was introduced, and by a two thirds voteyeas 98, nays none-read the first time and referred to the Committee on Finace, to-wit : By Mr. McLeod-
A bill to refund to J. T. Moreland taxes over-paid the State on property in Telfair county.
The following bill was introduced, read the first time -and referred to the General Committee on the Judiciary, to-wit: By Mr. MeKinney-
A bill to provide for the appointment of guardians ad litem, by the Ordinaries of this State, in certain -cases.
Mr. Samuel H. Jemison, Plected as a Representative from the county of Bibb to fill the vacancy caused by the resignation of Ron. A. J. Lane, presnted himself and was duly sworn in by the Speaker.
On motion of Mr. Orr, the following bill was withdrawn, to-wit:
A bill to authorize the Governor to lease a part of the right of way of the Western and Atlantic Railroad.
By a two-thirds vote-yeas 101, nays none-the following bill was introduced, and by a two-thirds voteyeas 105, nays none-read the first time and referred to the Committee on Education, to-wit:
By Mr. Hightow2r, of StewartA bill to establish a permanet Board of Education
for the town of Lumpkin, in the county of Stewart, .and for other purposes.
The following bill was introduced, read the first time and referred to the General Committee on the Judiciary, to-wit:
::By Mr. Hightower, of StewartA bill to disqualify juro:r;s in the several courts of

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JouRNAL OF THE HousE,

this State from serving as such in any case in which they may be witnesses, and to provide for filling their places for such case with tales jurors.
By a two-thirds vote-yeas 88, nays none-the following bill was introduced, and by a two-thirds voteyeas 97, nays none-read the first time and referred to the General Committee on the Judiciary, to-wit: By Mr. Twiggs-
A bill to authorize the Clerk of the Superior Court of Richmond county to require a deposit for payment of costs, and for other purposes.
By a two-thirds vote-yeas 88, nays none-the following bill was introduced, and by a two-thirds voteyeas 93, nays none-read the first time and referred to the General Committee on the Judiciary, to-wit: By Mr. Twiggs-
A bill to provide for the payment of the insolvent criminal costs of the Clerk and Sheriff of Richmond county, and for other purposes.
By a two-thirds vote-yeas 90, nays none-the following bill was introduced, and by a two-thirds voteyeas 91, nays none-read the first time and referred to the General Committee on the Judiciary, to-wit: By Mr. Crumbly-
A bill to reduce and fix the amount of the official bond of the Sheriff of Quitman county.
The following bills were introduced and read the first time and referred to the General Committee on the Judiciary, to-wit: By Mr. Garrard-
A bill to amend section 2900 of the Code of 18731 defining what demands may be set off. By Mr. Turner, of Monroe-
A bill to amend the road laws of this State by providing a commutation tax in lieu of work, to provide for the collection and disposition of the same, to provide a penalty, and for other purposes.

FRIDAY, JULY 15, 1881.

141

By Mr. DuPree, of MaconA bill to alter and amend section 1312 of the Codf>,
in relation to the consolidation of returns and notification of persons as electors of President and Vice-President of the United States.
By Mr. MillerA bill to extend the provisions of section 4542 of the
Code of 1873 to persons gaming with certain officers, agents or employees of ra1lroau companies doing business in this State.

By a two-thirds vote-yeas 92, nays none-the following bill was introduced, and, without being read, was referred to the Committee on Local and Special Bills, to-wit :
By Mr. CrawfordA bill to authorize and empower the Mayor and
Council of the city of Columbus to purchase and hold title to lands outside of the city limits for cemetery purposes, and to exercise authority and jurisdictio.o. over the same.
The following bills were introduced, read the first time and referred to the Committee on Finance, towit:
By Mr. FosterA bill to authorize a wife to waive her right to dow-
er and year's support, and the right of her children to a year's support in the property of her husband.
By Mr. Martin, of HoustonA bill to provide for the compensation of physicians
serving on commissions of lunacy.
By Mr. MillerA bill to provide for the compensation of certain Tax
Collectors and Receivers ot Tax Returns for services performed in, the year 1880.
By a two-thirds vote-yeas 104, nays none--the following bill was introduced, and by a two-thirds vote-

142

J OURN.AL OF THE HoUSE,

yeas 98, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. SpellceA bill to exempt Commissioners of Roads and Rev-
enues, and members of the Board of Education for the county of Mitchell, from road and jury duty.
By a two-thirds vote-yeas 89, nays none-the following bill was introduced, and without being read, referred to the Committee on Local and Special Bills,. to-wit:
By Mr. FlyntA bill to prohibit the sale of malt and spirituouS-
liquors within one and one-half miles of Unionville (A. M. E.) church, in Monroe county.
By a two-thirds vote-yeas 89, nays none-the following bill was introduced, and without being read, referred to the Committee on Local and Special Bills,. to-wit:
By Mr. Turner, of MonroeA bill to amend an act to fix the compensation al-
lowed for feeding prisoners confined in Monroe county jail, approved February '%/, 1876, so as to allow the Board of Commissioners of Roads and Revenues in their discretion to fix the amount of said compensation.
The following bill was introduced, read the first time and referred to the Committee on Agriculture, to-wit~ By Mr. Turner, of Monroe-
A bill to submit to the people of each county in this. State, the question as to whether any horse, mule, cow, hog or other animal used, or fit for either food orlabor, shall be permitted to run at large in any county in this State, and to make the owner of such animal liable for any damages which they may commit, to provide a penalty, and for other purposes.
By a two-thirds vote-year 101, nays none-the fol-

FRIDAY; JULY 15, 1881.

143

lowing bill was introduced, and, without being read, referred to the Committee on Local and Special Bills, to-wit:
By Mr. Johnson, of LeeA bill to change so much of the act creating the
Board of Commissioners of Lee county, approved February 28, 1876, as relates to the granting of retail license, and to confPr the authority to giant retail license upon the Ordinary of said county.
The following bill was introduced, read for the first time and referred to the Committee on Hygene and Sanitation, to-wit: By Mr. Miller-
A bill to regulate the practice of medicine in the State of Georgia.

By a two-thirds vote-yeas 103, nays none-the following bill was introduced, and by a two-thirds voteyeas 98, nays none-read the first time and referred to the Committee on Finance, to-wit: By Mr. Zachery-
A bill to confer additional powers upon the Board of Commissioners of the town of Hampton, county of Henry.
By a two-thirds vote-yeas 100, nays none-the following bill was intrpduced, and by a two-thirds voteyeas 98, nays none-read the first time and referred to the Committee on Corporations, to-wit: By Mr Spearman-
A bill to establish a new charter for the town of Franklin, in the county of Heard, and for other purposes.
Leave of absence was granted to Mr. Daniel on account of sickness, and to Messrs. Walker of Berrien, Rawlins and Turnipseed, on account of sickness in their families; to Messrs. Coffin, Arrington .and Wilson, on important business.

144

JOURNAL OF THE HoUSE,

A communication from the Attorney-General, on the subject of the revision of the C.:>de, was received and read for information.
The invitation of Major J. F. Cummings to the House, to visit the grounds, Oglethorpe Park, at 4 P. 111., on Tuesday next, was read and accepted.
The hour of 11:30 o'clock having arrived, the special order for the day was taken up.
The following resolution, reported by Mr. Lamar, chairman of the committee to draft suitable resolutions on the death of Hon. A. J. Hansell and Hon. John Wilcox were read and adopted by a rising vote, as follows, to-wit:
A Resol ntionWHEREAS, It has pleased Almighty God to remove
by d~ath, from our body, since we separated last session, two of our most worthy and esteemed members, to-wit: General Andrew J. Hansell, member from the county of Cobb, and Captain John Wilcox, member from the county of Tdfair; therefore be it-
Resolved, That it is with the most profound sorrow we note the death of Hon. A. J. Hansell and Hon. John Wilcox, late members of this House-the one from the county of Cobb, the other from the county of Telfair.
Resolved 2. That in their deaths the State has lost the services of most able and reliable legislators, and most striking models of upright and worthy citizenship.
Resolved 3. That these proceedings be entered on the Journal of this House, and a copy thereof be transmitted to the respective families of the deceased.
Resolved 4. That, in respect to the memory of the deceased, this Honse do adjourn untillO o'clock Monday morning.

The House then adjourned tilllO o'clock a. m. Monday.

MONDAY, JULY 18, 1881.

145

ATLANTA, GEORGIA,
Monday, July 18, 1881.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. J. W. Heidt.
The roll was called and a quorum found to be pres. ent.
Mr. Harrell, chairman of the Committee on Journals, reported the Journal of Friday last examined and approved.
The Journal was then read and approved.
The followin;message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following resolution, in which they ask the concurrence of the House of Represenatives, to-wit:
A resolution to appoint a special committee of one from each Congressional District to act with a similar committee of the House to report upon Tt>mperance legislation, and have appointed on the part of the Senate, Senators Price, of the 9th ; Byrd, of the 7th; Daniel, of 4th ; Baker, of 5th ; Harrell, of 2d ; Johnson, of 1st ; Smith of the 15th Senatorial District, and of the 3d Congressional District ; Reid, of 6th ; and Jordan of the 8th District.
'fhe following bill was introduced, read the first time, and referred to the Committee on Finance, towit:
By Mr. DuBignonA bill to alter and amend Sf'ction 926 of the Code~
1873, in reftlrence to the pay now allowed the Tax Receivers in this State.
By a two-thirds vote-yeas 95, nays none-the following bill was introduced, and by a two-thirds vote-
10

146

JouRNAL oF THE HousE,

yeas 94, nays none-read the first time and referred to the Committee on Education, to-wit:
By Mr. Branson-
A bill to repeal an act to establish a system of public schools for the city of Cartersville, and to provide for the support and maintenance thereof, and for other purposes, approved October 1st, 1879.
The following bill was introduced, read for the first time, and referred to the Committee on the Penitentiary, to-wit:
By Mr. Milner-
A bill to authorize the lessees of convicts to transfer convicts from one company to anothe: with the consent of the Governor of this State.

The following bills were introduced, read the first time and referred to the Committee on Finance, towit:
By Mr. Jemison-
A bill to increase the salaries of the officers of the Executive Department, the Judges of the Supreme and Superior Courts, and the Attorney-General.
Also, a bill to provide for a clerk in the office of the Attorney-General, and to fix the compensation of such clerk.
By a two thirds vote-yeas 94, nays none-the following bill was introduced, and by a two-thirds voteyeas 100, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. Kennedy-
A bill to increase the tax on liquor in the county of Bryan.
By a two-thirds vote-yeas 94, nays none--the following bill was introduced, and by a two-thirds voteyeas 89, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:

MoNDAY, JuLY 18, 1881.

147

By Mr. KennedyA bill to repeal the local road law of Bryan county,
which was enacted in 1873, and to substitute therefor the general road law of the State, as contained in the Code of 1873.
The following bill was introduced, read the first time and referred to the Special Committee on the JudiciaTy, to-wit: By Mr. Bates-
A bill to legalize bonds given by county officers after the prescribed time.
By a two-thirds vote-yeas 97, nays none-the following bill was introduced, and by a two-thirds voteyeas 95, nays none-read the first time and referred to the Committee on Corporations, to- wit : By Mr. Keel-
A bill to incorporate the town of Arlington, in the counties of Calhoun and Early.
The following resolution was read and agreed to, towit:
A resolution instructing the Committee on Finance to report on a remedy for the evil of undervaluation of property for taxation.
The following bill was introduced, read the first time and referred to the Committee on )filitary Affairs, to-wit: By Mr. Basinger-
A bill to amend an act to provide for the better organization, government and discipline of the volunteer troops of this State.
By a two-thirds vote-yeas 100, nays none-the following bill was introduced, and by a two-thirds vote -yeas 97, nays none-read the first time and referred to the Committee on Banks, to-wit: By Mr. Nichols-
A bill to incorporate the Citizens' Saving Bank of Savannah.

148

JOURNAL OF THE Homm,

By a two-thirds vote-yeas 100, nays none-the following bill was introduced, and by a two-thirds voteyeas 96, nays none-read the first time and referred tothe Committee on Railroads, to-wit:
By Mr. NicholsA bill to authorize and empower the Mayor and
Council of Savannah to tax the property of the Savannah, Florida and 'Vestern Railway Company within the jurisdictional limits of said city.

By a two-thirds vote-yeas 91. nays none--the following bill was introduced, and by a two-thirds voteyeas 88, nays none-read the first time and referred to the Committee on Corporations, to-wit :
By Mr. MorrowA bill to incorporate the town of Morrow, in the
county of Clayton, and to grant election powers and privileges to the same, and for other purposes.
By permission of the House, Mr. Kennedy withdrew House bill No. 569.
The following bill was introduced and read the first time and referred to the Special Committee on the Judiciary, to-wit : By Mr. Sweat-
A bill to revise the entire Court Calendar for the Brunswick J ndicial Circuit, and for other purposes.
The following bill was introduced, read the first time and referred to the Committee on Agriculture, to-wit:
By Mr. PostA bill to amend section 10, of the act of 1877, in re-
lation to fees for inspecting fertilizers and chemicals.

Mr. Wilkinson submitted a memorial on temper ance, from certain citizens of Coweta, which, without being read, was referred to the Committee on Temperance.

MONDAY, JULY 18, 1881.

149

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

Mr. Speaker:
The Senate has passE>d the following House bill, to-wit:
A bill to change the time of holding the Superior Courts of Laurens county, and to legalize the jurors already drawn for October Term, which was passed by ihe requisite constitutional majority of yeas 29, nays 1.
By a two-thirds vote-yeas 94, nays none-the following bill was introduced, and by a two-thirds voteyeas 105, nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. Williams. A bill to repeal an act incorporating the town of
Vienna, in the county of Dooly, and for other purposes, assented to December 22, 1857, and to re-incorporate said town and provide a government for the same, and define its powers and duties.

The following bill was introduced, read for the first time, and referred to the General Committee on the Judiciary, to-wit:
By Mr. LonnonA bill to repeal section B554 of the C0de of 1873,
exempting the daily, weekly and monthly wages of journeymen mechanics and day laborers from the process of garnishment.

By a two-thirds vote-yeas 92, nays none- -the following bill was introduced, read the first time, and by a two-thirds vote-yeas 101, nays none-referred to the Committee on Railroads, to-wit:
By Mr. HesterA bill to alter and amend the charter of the Bain-
bridge, Cuthbert and Columbus Railroad Company, to

150

JOURNAL OF THE HOUSE,

change the name and increase the capital stock of said company.
By a two-thirds vote-yeas 92 nays none-the following bill was introduced, and by a two-thirds voteyeas 94, nays none-;read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. HesterA bill to confer additional powers upon the Tax Col-
lector of Dougherty county, and to make said Tax Collector ex-officio Sheriff in certain cases.
By a two-thirds vote--yeas 98, nays none-the following bill was introduced, and by a two-thirds voteyeas 95, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. James-
A bill to relieve E. Polk, security on J ett Dobbs' forfeited bond in Paulding Superior Court.
By a two-thirds vote-yeas 102, nays none-the following bill was introduced, and by a two-thirds voteyeas 89, nays none-read the; first time, and referred to the Special Committee on the Judiciary, to-wit:
By Mr. l\fcLucasA bill to repeal an act to create a Board of Commis-
sioners of Roads and Revenue for the county of Fayette.
Mr. ""\Villingham, chairman of the Committee on the Deaf and Dumb Asylum, submitted the following report:

Mr. Speaker :
The Committee on the Deaf and Dumb Assylum, have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to be entitled an act to allow certain -pupils to attend the deaf and dumb assylum of this State, as day-scholars, and for other purposes.
WILLINGHA:M, Chairman.

MoNDAY, JuLY 18, 1881.

151

Mr. Sweat, chairman of the Committee on Enrollment, submitted the fol~owing report :

Mr. Speaker:
The Committ<:Je 'On Enrollm~nt report as duly E'nrolled and ready for the signature of the Speakerof the House of Representatives the following act, towit:
An act to change the time of holding the Superior Courts of Laurens county, and legalize the jurors already drawn for October Term, 1881.
Respectfully submitted, J. L. ::iWEAT, Chairman.

Mr. Smith, of Oglethorpe, chairman of the Committee on Agriculture, submitted the following report :

Mr. Speaker :
The Committee on Agriculture have had before them for consideration the following bills :
No. 418-An act to be entitled an act to tax dogs, and for the protection of the wool-growing intPrest in this State, and for other purposes.
Your committee herewith returns said bill and a substitute proposed therefor, and they recommend that said bill and substitute be referred to the Committee on Education.
Also, No. 466-A bill to be entitled an act to amend an act entitled an act to make it not unlawful to sell by retail or otherwise, any domestic wines, etc., and we recommend said bill be referred to the Special Committee on Temperance.
Also, No. 506-A bill to be entitled an act to provide for the cleaning and opening of the non-navigable streams in this State, and we recommend that the bill do not pass.
Also, No. 548-A bill to be entitled an act to prevent hunting with dogs in fields of growing cotton in

152

JouRNAL OF THE HousE,

the months of September and October. in this State, and your committee recommend that the bill do not pass.
Also, No. 619-A bill to be entitled an act to amend an act entitled an act relating to fences and stock, and for the protection of crops, approved August 26, Hl72, and embodied in the Code from section 1449 to section 1455, inclusive. Your committee propose to amend said bill by striking out section 1 thereof, and we recommend that the bill as amended do pass.
Repectfully submitted, JAMES M. SMITH, Chairman.
By a two-thirds vote-yeas 92, nays none -the following bill was introduced, and by a two-thirds vote -yeas 100, nays none-read the first time and referred to the Committee on Corporations, to-wit: By Mr. Turner, of Floyd-
A bill to repeal an act to incorporate the town of DeSoto, in the county of Floyd, and to incorporate the same de novo.
The following bill was introduced, read the first time and referred to the Committee on Finance, to-wit: By Mr. Julian-
A bill to require each county in this State to defray all expenses of trying every commission of lunacy or conducting lunatics to the asylum, and provide for payment of the same.
On the request of the committee, Messrs. Perkins and DuBignon were added to the committee on the Deaf and Dumb Asylum.
By a two-thirds vote-yeas 92, nays none-the following bill was introduced, and, without being read, referred to the Committee on Local and Special Bills, to-wit: By Mr. Smith, of Oglethorpe-
A bill to incorporate the Elberton and Point Peter Railroad Company.

MoNDAY, JuLY 18, 1881.

153

By a two-thirds vote-yeas 92, nays none-the following bill was introduced, and, without being read, was referred to the Committee on Local and Special Bills, to-wit : By Mr. Smith, of Oglethorpe-
A bill to incorporate the Elberton and Petersburg Railroad Company.
The following bill was introduced, read the first time and referred to the Committee on Finance, to-wit: By Mr. Billyer-
A bill to appropriate money to pay the Gate City Guards for services rendered the State.
By a two-thirds vote-yeas 96, nays none-the following bill was introduced, and by a two-thirds voteyeas 98, nays none-read the first time and referred to the Committee on Corporations, to-wit: By Mr. Rice-
A bill to incorporate the Atlanta Home Insurance Company.
By a two-thirds vote-yeas 96, nays none-the following bill was introduced, and by a two-thirds voteyeas 92, nays none-read the first time and referred to the Committee on Railroads, to-wit: By Mr. Rice-
A bill to incorporate the Cincinnati and Georgia Railroad Company, and define its powers and privileges.
By a two-thirds vote-yeas 96, nays none-the following bill was introduced, and by a two-thirds voteyeas 92, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Rice-
A bill to amend an act to create a Board of Commis. sioners of Roads and Revenues for the county of Fulton, and define their powers and duties, approved December 3, 1880, and to confer additional powers on said Board of Commissioners.

154

J OURNA.L OF THE HOUSE,

The Speaker assigned new members to committees as follows: Mr. Kennedy to the Committee on Internal Improvements ; Mr. Anderson, of Cobb, to Committeeon Manufactures; Mr. Jemison to the Committee on General Judiciary; Mr. McLeod having been already assigned to the Committee on Penitentiary.
Leave of absence was granted to Mr. Perkins on important business; to Mr. Cameron and Mr. Turner, of Floyd, on account of sickness.
The House then adjourned till 9 a. m. to-morrow~

ATLANTA., GEORGIA.,
Tuesday, July 19, 1881.
The House met pursuant to adjounment, was called ' to order by the Speaker and opened with prayer by
the Chaplain. On motion of Mr. Wheeler, the roll call was dis-
pensed with. Mr. Harrell, chairman of the Committee on Jour-
nals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved. The unfinished business of yesterday, the call of theroll of counties was taken up.
The following bills were introduced, read the first time, and referred to the Committee on Finance, towit:
By Mr. PattersonA bill to appropriate money to pay bond, number
two hundred and twenty-five, of the State of Georgia, issued under the act of February 27, 1856, now held by the executor of John S. Gittings, and to authorize payment of the same.
Also, a bill to repeal the seventeenth section of an

TUESDAY, JULY 19, 1881.

. 155

act to levy and collect a tax for the support of the State government, etc., for the fiscal years 1881 and 1882, approved December 7, 1880.
By Mr. MiddlebrookA bill to authorize the Board of Commissioners of"
Newton county to levy a tax of two hundred per cent. on the State tax for Newton county, for the purpose of paying the indebtedness of said county, and for other purposes.
By Mr. RawlinsA bill to relieve the county officers of the State,.
elected on the first vVednesday in January, 1881, who failed to make and file their official bonds within the required time.
By Mr. DuBignonA bill to appropriate money for the representation
of the State at the centennial celebration of the surrender at Yorktown in October next.
The following bill was introduced, read the first time, and referred to the Committee on Printing, towit:
By Mr. PattersonA bill to appropriate the sum of nineteen hundred
and twenty dollars to pay balance due on the public printer's account for the years 1879 aud 1880.
By a two thirds vote-yeas 29, nays none-the following bill was introduced, read the first timt>, by a two-thirds vote-yeas 109, nays none-and referred to the Committee on Railroads, to-wit:
By Mr. PattersonA bill to incorporate the South Side Street Railroad
Co., and for other purposes.
By permission of the House, House bill number 289 was withdrawn by Mr. Patterson.
By a two-thirds vote-yeas 104, nays none-the following bill was introduced, and by a two thirds vote-

156

JouRNAL oF THE HousE,

yeas 99, nays none-read the first time and referred to the Committee on Education, to-wit:
By Mr. WithrowA bill to abolish the office of County School Com-
missioner for the counties of Fannin, Gilmer and Pickens, and require the Ordinaries of the several counties named to perform, without additional compensation, the duties now performed by the commissioners. and to provide for an election by the people of three trustees for each sub-district, and prescribe their duties.

Mr. Hutchins offered the following joint resolution, which was read the first time and referred to the Committee on Finance, to-wit:
A resolution authorizing the State Treasurer to pay interest due on certain bonds of this State therein mentioned.

The following bills were introduced, read the first time and referred to the General Committee on the J udiciary, to-wit:
By Mr. MitchellA bill to amend an act tocarryinto effect paragraph
2, section 18, article 6 of the Constitution, so far as to provide for the revision of the jury box, and for other purposes, approved October 17, 1879.
By Mr. SilmanA bill to amend an act to carry into effect paragraph
2, section 18, article 6 of the Constitution, approved October 17, 1879.
By Mr. WinslowA bill to amend section 4504 of the Code, so as to
provide for presentments for malpractice. Also, a bill to carry into effect section 3921 of the
Code of 1873, and provide for the payment of the committee appointed by the grand jury.
Also, a bill to authorize the publication of a new

TUESDAY, JULY 15, 1881.

157

Code of Georgia, to define the duties of the Governor in reference tot he publication and distribution thereof., and to appropriate money for same.
By Mr. CameronA bill to amend section 3696 of the Code of 1873, in
relation to fees of Sheriffs in civil cases.
By Mr. RoneyA bill to amend section 3201 of the Code, in reference
to mandamus quo warranto and prohibition, and pre. scribing the practica therein, by striking out all of said section after the word " made," in the third line of said section, and adding the words "and the practice in mandamus and prohibition proceedings shall be the same as now provided by law in quo warranto proceedings by sections 3204 to 3207, both inclusive."
By Mr. SpenceA bill to fix the salaries of the Judges of the Supe-
rior Courts in this State.
By Mr. Turner, of MonroeA bill to amend 3976 of the Code, in reference to the
filing of affidavits of illegalities to executions issued upon the foreclosure of chattel mortgages, by striking therefrom so much as requires the postponement of the sale of the mortgaged property.
Also, a bill to provide for the dismissal of appeals in the Superior Courts of this State, when parties appellant are not present to prosecute their appeal.
By Mr. PI-iceA bill to alter and amend section 1 of an act for the
prevention of cruelty to animals, approved October 20, 1879.
By Mr. DuPree, of PikeA bill to amend an act to prescribe fees of Solicitors
of County Courts, approved October 15, 1879.
By Mr. JanesA bill to require the return and registration of mar-
riage licenses.

158

JouRNAL oF THE HousE,

By Mr. HammondA bill to provide for the preparation of new jury lists
and to authorize the drawing and summoning of persons to serve as grand and traverse jurors in the Superior Courts of this State, in cases where the jury box, jury list, or either, shall have been lost or destroyed, and to provide for the preparation and service of new venires in like cases.
By Mr. BullA bill to amend section 2967 of the Code, which re-
relates to the abatement of actions for torts, and to provide for the survival of such actions.
Also, a bill to provide for the foreclosure of chattel mortgages in certain instances.
By Mr. KimseyA bill to declare certain copy deeds admissable in
evidence without proof of the existence of the original.
By Mr. JamesA bill to amend an act to carry into effect paragraph
9, article 6, of the Constitution in relation to Judges pro hac vice, approved October 15, 1879, so as to apply the same to criminal and all kinds of cases.
By Mr. MilnerA bill to change the time of holding the Superior
Court in Bartow county.

The following bill was introduced, by a two-thirds vote-yeas 109, nays none-and without being read, referred to the Committee on Local and Special bills, to-wit:
By Mr. HutchinsA bill to prohibit the sale of spirituous, vinous or
malt liquors at any point or place within two miles of Mount Carmel church, in the county of Gwinnett, to attach a penalty to a violation of the provisions of this .act.

On motion of Mr. N orthen, the following bill was

TUESDAY, JULY 19, 1881.

159

re-committed to the Committee on Education, to-wit :
A bill to provide for the collection of poll tax of the <lity of Americus, by the Mayor and Council of said dty for school purposes.

By permission of the House, Mr. Estes withdrew House bill number 614.

By a two-thirds vote-yeas 109, nays none-the following bill was introduced, and by a two-thirds vote -yeas 103 nays none-read the first time and referred to the Committee on Railroads, to-wit :
By Mr. EstesA bill to amend the act incorporating the Gainesville, Jefferson and Southern Railroad Company, approved August 23, 1872, so as to authorize the building of a branch road, and to issue bonds, secured by mortgage.
The following bills were introduced, read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. McBrideA bill to amend an act to amend section 3514 of the
Code, approved February 24, 1877. Also, a bill to amend section 3509 of the Code of
1873. Also, a bill to amend section 3345 of the revised
.Code of ]873, by strinking out the words "two dollars" and inserting "one dollar."
The following bill was introduced by a two-thirds vote-yeas 90, nays none-and without being read, refei"red to the Committee on Local and Special Bills, to-wit:
By Mr. WhittleA bill to incorporate the Mill Town Branch Rail-
road Company, and for other purposes.
By a two-thirds vote-yeas 103, nays none--the fol-

.

160

JouRNAL OF THE HousE,

lowing bill was introduced, and by a two-thirds votPyeas 99, nayH none-read the first time and referred to the Committee on Temperance, to-wit:
By Mr. DykPsA bill to prohibit the sale of ardent or spirituous
liquors, except for medical or mechanical purposes, in the couuty of Macon.
By a two-thirds vote-yeas 96, nays none-the following bill was introduced, and by a two-thirds vote -yeas 100, nays none-referred to the Special Committee on the Judiciary, to-wit : By Mr. Goodrich-
A bill to create and establish a criminal court for the county of Mcintosh, to provide for the appointment of the Judge, to fix his salary, to define his powers and duties, and for other purposes.
The following bill was introduced, and read the first time, and referred to the Committee on Railroads, to-wit: By Mr. Carter-
A bill to instruct the Railroad Commissioners of Georgia to carry out the provisions of 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 co;npanies from charging other than just and reasonable rates, and to punish the same, and to 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, approved October 14, 1879.
Mr. Crawford offered a resolution which was read the first time, and referred to the General Committee on the Judiciary, to- wit :
A resolution to authorize the Governor to purchase certain volumes of Georgia Reports from Mrs. Ella

TUESDAY, JULY 19, 1881.

161

M. Cook, and to appropriate money to pay for the same.
The following mesf'lage was received from the Senate through Mr. Harris, the Secretary thereof:
Mr. Speaker :
The Senate has passed the following bills, in which they ask the concurrence of the House of Representatives, to-wit:
A bill to prescribe fees for Sheriffs in this State, and to provide for the payment of the same, which was passed by the requisite constitutional mojority-yeas 29, nays none.
Also, a bill to confer additional powers on purchasers of incomplete railroads, which was passed by the requisite constitutional majority-yeas 29, nays none.
Mr. Rice, chairman of the joint committee appointed by the present General Assembly to confer with the City Council of Atlanta, in regard to arrangements for the building of a capitol on the City Hall lot, submitted the following report :
Mr. Speaker:
The joint committee appointed by the present Gtlneral Assembly to confer with the City Council of Atlanta, in regard to arrangements for the building of a capitol on the City Hall lot, beg leave to report, that after giving the resolution, under which they were appointed, that consideration which its importance demanded, reached the conclusion that its leading object was to secure an equitable adjustment of the differences existing between the State of Georgia and the city of Atlanta, Georgia, out of what is. known as the proposal of the Mayor and Council of the city of Atlanta, to convey to the Statt:l a site upon which to build a capitol, and to erect thereon a capitol building as good as the one at Milledgeville.
11

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JouRNAL oF THE HousE,

Acting under this construction ot the resolution appointing them, committee has, in the main, directed the investigation towards what they conceived to be the best plan for a fair and final settlement of this important question.
\Ve had beforP- us the report ot the commissioners appointed by the General Assembly of this State, under a resolution approved August 15, 1879, and find that those commissioners estimated the value of the capitol building at Milledgeville at the sum of eightyfive thousand dollars. Without expressing any opin-. ion as to this estimate, we find that the city was not a party to this transaction, had no part in it, and in the opinion of your committee, is neither legally nor morally bound thereby.
Upon conferring with the Mayor ancl Council, we fifid them insisting that they were without notice of this estimate until the report ot the commissioners was submitted to the present General Assembly, and, therefore, had no opportunity of accepting or rejecting the estimate thus fixed. .But, be that as it may, it is the opionion of your committee, that had they been given timPly notice, and then remained silent, they could not be held or bound, because they were not parties to the appraisement, it being simply an exparte reason proceeding upon the part of the State. Upon an examination of the fourth section of the resolution of August the 15, 1879, you will find that the commissioners were to ascertain what it would cost to build a capitol building as good as the one at :Milledgeville, and if the commissioners, the Mayor and Council, could agree, then the commissioners were to accept the sum agreed upon in full satisfaction of the proposal of the city to bmld a capitol; but in the event they failed to agree, then the commissioners were to select one competent person, the :Mayor and Council one, and the two, thus selected, were to select a third ; and these three persons, after

TUESDAY, JULY 19, 1881.

163

giving twenty days notice to the commissioners and -to the Mayor and Council, were to examine into all the facts and assess what sum, in their judgment, should be paid by the Mayor and Council in lieu of their proposal to build a capitol~ and the assessment thus made shculd be final and conclusive.
Your committee, upon examination, find that the provisions of this section were not complied with, and, as a legal consequence, the appraisement of the Commissioners cannot be held good and binding upon the city. (See resolution on pages 421, 422, 423 in the vublished acts of the Legislature of 1878 and 1t{79, 4th section of resolution.) The appraisement of the commissioners being disposed of, our attention was directed to the best plan for a settlement of this question, and, with this end in view, we held a conference with the Mayor and Council, and it gives us pleasure to state that we found them ready and willing to com ply, fully, with their proposition to the people of this 'State-no disposition to dodge or evade-but a determination to perform cheerfully all they had promised. They met the committee in a spirit of liberality, and submitted a proposition duly authenticated, a copy of which is hereto attached, marked exhibit "A," in which they propose an appraisement of the capitol building at ::\Iilledgeville, at which appraisement the State and the city are to be represented upon equal terms, and the appraisement thus made, to be final and conclusive, and the money to be paid into the treasury whenever the State shall commence the construction of the new capitol building. This, in our judgment, is fair and equitable, a proposition the State cannot afford to reject. \Ve therefore recommend its acceptancf', provided the Mayor and Council will comply with the further recommendation herein contained. \Ve find that when the State purchased the present capitol bui1ding there was a mortgage against the building for about eighty thousand dol-

164

J OURN.AL OF THE HoUSE,

lars--that the city paid off this mortgage, bad the same transferred to the authorities of the city, with the understanding that said mortgage was nevtr to be enforced against the building so long as Atlanta remained the capital of the State.
\.Ye find this to be a matter of record in the Comptroller-General's office, and we attach hereto a certified copy of the action of the City Council of Atlanta, touching this matter. It is the opinion of your committee that this is a satisfactory disposition of mortgage in qut:>stion. We herewith attach r~'>solutions covering the resolutions in this report and move their adoption.
A.. L. H.AWES, Chairman Senate Committee, '\V. J. \VINN, of Senate, F. P. RrcE, Chairman House Committee, H. M. SAPP, of House, F. C. FoSTER, of Honse.

Resolved, That the proposition submitted by the Mayor and Council of the city of Atlanta to this committee, for the appraisement of the capitol building at Milledgeville, be and the same is hHeby accepted, and that his Excellency the Governor of this State, the President of the Senate and the Speaker of the House of Representatives select one competent person, and the Mayor and Council of the city of Atlanta select one competent person, and the two persons thus selected to select a third person, and the three persons thus selected, after giving five days' notice to the Governor, President of the Senate and Speaker of the ..H.onse of Representatives, and the Mayor and Council of the city of Atlanta, they shall proceed to assess the value of the capitol building at Milledgeville, and the assessment thus made shall be final and conclusive, and the sum at which the said property is appraised shall be by the Mayor and Council of the city of Atlanta paid into the State Treasury so soon as the State

TUESDAY, JULY 19, 1881.

165

-shall commence the construction of a new capitol
building. Resol1Jed, That the original proposition submitted
by the Mayor and Council of the city of Atlanta to this committee, relating to the appraisement of the property at Milledgeville, a copy of which is hereto attached, be placed on file in the executive office.
Resolved, That the appraisers appointed in conformity with the first of the foregoing resolutions be and they are hereby reqnested to discharge the duties devolving upon them by virtue of their appointment and report their action to this General Assembly within twenty days from the date of their appointment.

S. B. SPENCER, Mayor, ) CITY CLERK' H OFFICE, FRANK T. RYAN, Clerk. j ATLANTA, GA., Jan. 27,1874.

At a called meeting of the Mayor and Council, held

in the Recorder's court room, January 26, 1874, the

subjoined resolution was unanimously adopted, and a

committee, consisting of his Honor Mayor S. B. Spen-

cer, Aldermen Ellis, Flynn and Keely, was appointed to wait on his Excellency Governor Smith and inform

him of the action of the Mayor and Council, viz., by

Alderman McMillan : Be it resolved by tlte llfayor and Council, That the

Mayor and Council will protect the State of Georgia

against the mortgage upon the capitol building by

taking a transfer thereof to the Mayor and Council of

Atlanta. So long as the capital remains at Atlanta,

said mortgage debt shall never be claimed from the

State or out of said property.

I certify that the above is a true extract from the

regular minutes of the Mayor and Council of the city

of Atlanta.

FRANK T. RYAN, Clerk.

ATLANTA, GA., July 16, 1881. I do hereby certify that the above is an exact copy of the original now of file in this office.
W. A. WRIGHT, Compt.-Gen'l.

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JouRNAL OF THE HousE,

By Alderman GoodwinResolutionWHEREAS, In pursuance oftheproposition of the city
of Atlanta, made through Mayor and General Council in 1877, to furnish to the State of Georgia the City Hall square or any other ten acres of unimproved land within said city for a capitol site, and to ei'ect thereon a capitol building as good as the old capitol building at Milledgeville.
Said city of Atlanta, has heretofore executed a deed of conveyance of said City Hall square worth, at the lowest, one hundred thousand dollars to said State, which has been accepted by the latter.
AND WHEREAS, said city has not found it practicable in consideration of release from all or further obligation, as to the erection of such said building to purchase for the State the additional grounds adjacent to the City Hall square heretofore indicated by the General Assembly, and wherPas the appraisemt::nt of the old capitol building at Milledgeville at the sum of eighty-five thousand dollars, made by the commissioners on the part of the State is in the judgment of the Mayor and General Council of said city, largely in excess of the true and real value thereof;
AND WHEREAs, said city was not represented in the making of said appraisement, and the same not having been heretofore expressly accepted or rejected by said city; therefore, be it
.Resolved 1. That said city, by its Mayor and General Council hereby expresses its disagreement to the valuation and appraisement of said old capitol building at Milledgeville at the sum of eighty-five thousand dollars as made by said Commissioners on the part of the State.
.Resolved 2. That said city hereby re-affirms its willingness and readiness to erect on said City Hall square for the use of the State, a capitol building as good as the old capitol building at Milledgeville.

TUESDAY, JULY 19, 1881.

167

Resolved 3. That should the State prefer in lieu of thf> proposition contained in the forPgoing second resolutions that said pity should contribute and pay to the State the true and real value of the old capitol building at Milledgeville, then, and in that event, said city hereby expresses its readiness and willingness to do so when represented in the valuation and appraisement of said building, on terms of equality and mutuality with said State, said appraisement to be conclusive between said city and State : Provided, that the appraised value of same shall not be paid by said city to the State until the actual construction of said capitol building is commenced by the State on said City Hall square.
Resolved 4. That in the event, f>ither the second or third resolutions above, or the proposition contained therein, shall be accepted by the State, then we request of the Legislature the passage of a bill authorizing the Mayor and General Council to issue bonds in an amount sufficient to defray the expPnses of con-
structing the capitol building, or to pay the appraised value of the old capitol building at Milledgeville.
Resolved 5. That a copy of the foregoing resolution, under the hand of the Clerk and seal of the city, be transmitted to the Joint Committee of the General Assembly having the subject matter under consideration.
I certify that the above is a currect extract from the minutes, and that the above preamble and resolution was adopted by the Mayor and Council, and concurred in by the Aldermanic Board, July 12. 1881.
J. H. GoLDS)IITH, City Ulerk. J. W. ENGLISH, Mayor.
I* SEAL. *I **
The resolutions contained in the foregoing report of the committee, were, on motion of Mr. Rice, read and agreed to.

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JOURNAL OF THE HOUSE,

Mr. Gray, chairman of the Committee on Local and Special Bills, submitted the following report :
Mr. Speaker :
The committee on Local and Special Bills have had under consideration the following bills, which they find incapable of being consolidated with any other bill or bills, and to report the same back for a first reading, and to be referred to the Special Committee on the Judiciary, to-wit:
A bill to provide for the registration of voters, before voting, in the town of Eastman.
Also, a bill prescribing who are entitled to vote for Mayor and Alderman of the town of Eastman.
Also, a bill to fix time of holding an election for Mayor and Aldermen of the town of Eastman.
Also, a bill for the relief of J. B. Thornborough. Also, a bill prohibiting the sale of intoxicating spirits within five miles of Rohobothville church and academy, in Morgan county. Also, a bill to permit Daniel S. McCoy, of Upson county, to peddle without license. Also, a bill to prohibit the sale of spirituous or malt liquors in the 427th district, G. l\f., in the county of \-Vhite. Respectfully submitted,
ARTHUR H. GRAY, Chairman.
The following communication was received from his Excellency the Governor, through Mr. Avery, his Secretary, to-wit:
Mr. Speaker: I am directed by his Excellency the Governor to
deliver to the House of Representatives a communication in writing, with accompanying document :
ExECUTIVE DEPARTMENT, ATLANTA, GA., July 19, 1881.
To tke House of Representatives : In response to a resolution of the House of Repre-

TUESDAY, JULY 19, 1881.

169

sentatives, I have the honor to transmit a list of the crippled soldiers who have enjoyed the benefit of the act giving them money with which to purchase limbs, and also giving the counties of their residence.
A. H. CoLQUITT.

On motion of Mr. Estes, the Governor's message was taken up and read.
On motion of Mr. Miller, five hundred copies of the message and the accompanying document were ordered printed for the use of the House.
By a two-thirds vote-yeas 104, nays none-the following bill was introduced, and by a two-thirds voteyeas 101, nays none-read the first time and referred to the Committee on Finance, to-wit: By Mr. Price-
A bill to regulate the commissions of Receiver and Collector of Oconee county, and for other purposes.
By a two-thirds vote-yeas 116, nays none-the following bill was introduced, and by a two-thirds voteyeas 100, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit : By Mr. DuPree, of Pike-
A bill to authorize and require the County Judge of Pike County Court to hold monthly and quarterly sessions ot said court in the town of Barnesville, to define the powers and proceedings of the same, and to provide a court room.
By a two-thirds vote-yeas 99, nays none-the following bill was introduced, and by a two-thirds voteyeas 104, nays none-read the first time and referred to the Committee on Corporations, to-wit: By Mr. Janes-
A bill to incorporate the Cedartown Railroad Company, and for other purposes.
By a two-thirds vote-yeas 94, nays none--the following bill was introduced, and by a two-thirds vote-

170

J OURN.AL OF THE HOUSE,

yeas 99, nays none-read the first time and referred . to the Committee on Temperance, to-wit:
By Mr. AddertonA bill to submit to the qualified voters of Sumter
county the question of prohibiting the sale.of spirituous or malt liquors in said county.
The following bill was introduced, read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Edwards-
A bill to amend the road laws so as to authorize and require county officials having such matters in charge to authorize any citizen to place a gate across public roads upon a proper case made.
By a two-thirds vote-yeas 98, nays none -the following bill was introduced, and by a two-thirds vote -yeas 93, nays none-read the first time and referred to the Committee on Corporations, to-wit: By Mr. Martin, of Talbot-
A bill to amend au act incorporating the town of Talbotton, so as to authorize the City Council to create fire li':llits as regards the erection of wood buildings upon the blocks surrounding the public square.

Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report:

Mr. Speaker :
The General Committee on the Judiciary have had under consideration the following bills, which they report back with the recommendation that they do not pass, to-wit:
A bill to repeal an act entitled an act to amend section 1876 of the Code, in relation to binding out minors, approved February 26, 1875.
Also, a bill to amend section 2291 of the Code of 1873.
Also, a bill to amend section 873 of the Revised

TUESDAY, JULY 19, 1881.

171

Code, referring to returns of lands, and to repeal sections 874 and 875 ~f the Code, which relate to the returns of wild lands.
Also, a bill to provide for a speedy foreclosure of mortgages on realty in certain cases.
The committee have also considered the following bill, which they recommend do pass, as amended, towit:
A bill to appropriate the sum of fifty dollars to pay I. Y. Sawtell for twenty-fivt=> days' attendance before the joint wild land committee at the last session of the General Assembly.
The following bills are returned for reference to theCommittee on Temperance, to-wit:
A bill to prohibit the sale of intoxicating liquors within three miles of any church or school house in this State, except in incorporated towns and cities.
Also, a bill to prevent the manufacture, importation~ sale or furnishing in this State, after the 1st day of May, 1882, of intoxicating liquors, etc.
Also, a bill to submit to the qualified voters of each city and town in this State the question of prohibiting the sale of intoxicating liquors, etc.
Also, a bill to prohibit the sale of intoxicating liquors outside the incorporated towns and cities in this State.
The committee return the following bill for reference to the Committee on Finance, to-wit:
A bill to provide for the appointment of assessors of the taxable property of this State, etc.
Respectfully submitted, WM. M. HAMMOND, Chairman.

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

Mr. Speaker: I have the honor to deliver to the House for his Ex-

172

JouRNAL oF THE HousE,

~ellency the Governor a communication in writing, with an accompanying document :

ExECUTIVE DEPARTMENT, ATLANTA, GA., July 19, 1881.

To the General Assembly:

I have the honor to transmit herewith, for the in-

formation of the General Assembly, the third semi-

annual report, completed, of the Railroad Commis-

sioners of this State.

ALFRED H. CoLQUIT.r.

On motion of :Mr. Rankin, one thousand copies of this message and the report were ordered printed for the use of the Honse.

Mr. Estes, Chairman of the Committee on Corporations, submitted the following report :
Mr. Speaker:
The Committee on Corporations have had under ~onsideration the following bills, which they recommend do pass, to-wit:
A bill to incorporate the town of Rising Fawn. Also, a bill to amend an act entitled an act to incorporate the town of Palmetto, in the county ot Campbell, and for other purposes. Also, a bill to establish a new charter for the town of Franklin, in the county of Heard. The proper notices required by law have been given of the intention to apply for the passage of the above bills.
The following bill they report back with the recommendation that the introducer have leave to withdraw, to-wit:
A bill to amend an act incorporating the Gate City Street Railroad Company.
They also report back the following bill, with the recommendation that the same do not pass, to-wit :

TuESDAY, JuLY 19, 1881.

173

A bill to incorporate the Snow Spring High School, in the county of Dooly.
The committee also recommend the passage of the following bill, with an amendment, to-wit:
A bill to be entitled an act to incoporate the Merchants and Planters Steamboat Company, and for other purposes.
The proper notices of ifltention to apply for the passage of said act was submitted to the committee.
Respectfully Sllbmitted, J. B. EsTEs, Chairman.

The following message was received from the Senate, through Mr. 'Harris, the Secretary thereof.
Mr. Speaker :
The Senate has passed the following resolution, in which they ask the concurrence of the House of RepRepsentatives, to-wit:
A resolution to provide for Sergeant-at-Arms and
"r Stenographic Reporter for the committee to investi-
gate the estern and Atlantic Railroad, which I am directed to transmit forthwith to the House of Representatives.
Mr. Bull offered the following resolution, which was read and agreed to, to-wit:
A ref:lolution requesting the Governor to make certain inquiries relative to certain manuscript of the colonial history of this State, and thA report thereon.
By a two-thirds vote-yeas 107, nays none-the following bill was introduced, and by a two-thirds vote -yeas 104. nays none-referred to the Special Committee on the Judiciary, to-wit: By Mr. Glover-
A bill to authorize the Board of County Commissioners of rwiggs county to punish Road Commissioners by fine or imprisonment.
By a two-thirds vote-yeas 99, nays none-the fol-

1.74

JouRNAL OF THE Homm,

lowing bill was introduced, and by a two-thirds voteyeas 102, nays none-read the first time and referred to the Committee on Temperance, to-wit :
By .Mr. WheelerA bill to prohibit the sale of spiritous, vinous or
malt or any other intoxicating liquors within three miles of the academy located in the village of LaFayette, in Walker county.
By a two-thirds vote-yeas 96, nays none- -the following bill was introduced, read the first time, and by a two-thirds vote-yeas 99, nays none-referred to the Committee on .Military Affairs, to-wit:
By Mr. SummerlinA bill to exempt from road duty, the active mem-
bers of Howell's Artillery.
Mr. McKinney offered a memorial, which, without being read, was referred to the Special Committee on Legal Forms.
By a two-thirds vote-yeas 98, nays none-the fol lowing bill was introduced, and by a two-thirds voteyeas 103, nays none-read the first time and referred to the Committee on Finance, to-wit:
By Mr. KimseyA bill to authorize J. J. Chitwood to survey the 6th
land district in the county of White, and make appropriation therefor.
By a two thirds vote-yeas !l8, nays none-the following bill was introduced, read the first time, by a two-thirds vote-yeas 102, nays none-and referred to the Committee on Temperance, to-wit:
By Mr. FordhamA bill to prohibit the sale of spirituous liquors in
the county ot Wilkinson, State of Georgia.
By a two-thirds vote-yeas 109, nays none-the following bill was introduced, and by a two-thirds vote-

TuEsDAY, JuLY 19,1881.

175

yeas 100, nays none-read the first time and referred to the Committee on Education, towit: By Mr. Broyles-
A bill to authorize the Mayor and Council of the city of Dalton to levy a tax for the purpose of establishing and maintaining public schools in said city, and for other purposes.
The following bill was introduced, read the first time, and referred to the Special Committee on Sanitation, to-wit: By Mr. Miller-
A bill to establish a Board of Pharmaceutical Examiners and to prescribe the powers and duties of said Board, and to regulate the compounding and vending of medicines, drugs and poisons in this State, and to provide a penalty for the violation hereof.
By a two-thirds vote-yeas 100, nays none-the following bill was introduced, and by a two-thirds voteyeas 95, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Rawlins--
A bill to authorize the Ordinary or Judge of the County Court of Dodge county to levy a tax sufficient to pay insolvent costs due the offieers of said county.
By a two-thirds vote-yeas 105, nays none-the following bill was introduced, and by a two-thirds vote -yeas 100, nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. BarrowA bill to amend the charter of the Northeastern Railroad Company.
By a two-thitds vote--yeas 95, nays none-the following bill was introduced, and by a two-thirds voteyeas 95, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Turner, of Floyd-
A bill to amend an act to regulate the manner of

176

JouRNAL OF THE HousE,

letting out cnntracts to build or repair public bridges~

buildin,g causeways, and other public works in the

several counties of this State, approved September 29,

1H79, so as to exempt Floyd county from the provis-

ions of said act.



By a two-thirds vote-yeas 95 nays none-the following bill was introduced, and by a two-thirds voteyeas 97, nays none- read the rst time and referred to the Special Committee on the Judiciary, to-wit:

By Mr. Turner, of FloydA bill to exempt Floyd county from the provisions
of section 671 of the Code, which requires contractors for public bridges, etc., to give bond to keep the same in repair for seven years.

By a two-thirds vote-yeas 97, nays none-the following bill was introduced, and by a two-thirds voteyeas 91, nays none-read the first time and referred to the Committee on Temperance to-wit:

By Mr. Anderson, of CobbA bill to prohibit the sale or furnishing of spirituous,
malt or intoxicating liquors within the corporate limits of Marietta.

By a two-thirds vote-yeas 94, nays none--the fol-
a lowing bill was introduced, and by two-thirds vote-
yeas 93, nays none-read the first time and referred to
the Special Committee on the Judiciary, to-wit:

By Mr. QuillianA bill to allow Henry F. Miller to peddle in the sev-
eral counties of this State without license.

By a two-thirds vote-yeas 94, nays none-the following bill was introduced, and by a two-thirds voteyeas 94, nays none-read the first time and referred to the Committee on Corporations, to-wit:

By Mr. BrewerA bill to amend an act approved February 19, 1866,
to re-incorporate the town of Elberton, and to give the

TUESDAY, JULY 19, 1881.

177

Town Council of said town certain powers therein specified, and to provide for a Mayor.
By permission of the House, Mr. Rice withdrew House bill No. 431. .
On motion of Mr. Rankin, the rules were suspended and Senate resolution No. 48, to-wit:
A resolution to provide for Sergeant-at-Arms and Stenographic Reporter for committee to investigate the lease of theWestern and Atlantic Railroad, was taken up, read and agreed to.
On motion of Mr. Barrow, the rules were suspended and bills reported back by the Committee on Local and Special Bills for a first reading, were taken up, read the first time and referred as follows, to-wit: By Mr. James-
A bill to confer power on the Ordinary of Douglas county to erect gates across public roads and private roads.
Referred to the Special Committee on the Judiciary. By Mr. Turner, of Floyd-
A bill to incorporate the Rome and Carrollton Railroad Company.
Referred to the Committee on Corporations. By Mr. vVrigbt-
A bill to incorporate the Rome and LaGrange Railroad Company.
Referred to the Committee on Corporations. By Mr. Turner, of Floyd-
A bill to prohibit the sale of intoxicating liquors within three miles of Pisgah and Mount Pleasant churches, in Floyd Potmty.
Referred to the Committee on Temperance.
Also, a bill to incorporate the Red Line Steamboat Company.
Referred to the Committee on Corporations.
Also, a bill to incorporate the Rome and LaGrangeRailroad Company.
12

178

JOURNAL OF THE HOUSE,

Referred to the Committee on Corporations.
By Mr. PattersonA bill to appropriate money to refund double taxes
illegally collected by the State of Georgia from the Home Insurance Company ot New York.
Referred to the Committee on Finance.
Also, a bill to amend the act incorporating the National Mercantile Debt Assurance Company.
Referred to the Committee on Corporations.
By Mr. LambA bill to authorize the Board of Commissioners of
Roads and Revenues of the county of Glynn to issue bonds not to exceed the sum of fifty thousand dollars.
Referred to the Committee on Finance.
By Mr. EstesA bill to provide but one grand jury for each term
of Hall Superior Court. Referred to the Special Committee on the J udiciar).
The following bills were re-committed to the Committee on Temperance, to-wit:
A bill to prohibit the manufacture, importation, sale or furnishing in this State, after May 1, 1882, of intoxicating liquors.
Also, a bill to prohibit the sale of liqnor within three miles of any church or school in this State, except in inco1 porated towns.
Also, a bill to amend an act allowing the sale of domestic wirlPS by the manufacturer, so as to include wine from blackberries.
Also, a bill to submit to the voters in each city and town the question of prohibiting the sale of liquor.
Also, a bill to prohibit the sale of intoxicating liquors outside of incorporated towns.
Also, a bill to amend an act prescribing the mode of granting license to sell liquors in the counties of Burke, Jefferson and Washington by extending its provisions to all the counties of this State.

TUESDAY, JULY 19, 1881.

179

The following bills were re-committed to the Comwittee on Finance, to-wit :
A bill to provide for the appointment of assessors of the taxable property of the State, and to repeal an :act approved February 12, 1874.
Also, a bill to exempt from State, county and municipal taxation, the Atlanta Female Institute property.
The following bill was recommitted to the Committee on Education, to wit:
A bill for taxing dogs and the protection of the wool-growing interests of the State, and for other purposes.
The following bill was re-committed to the Committee on the Blind Asylum, to-wit:
A bill to establish a blind academy for colored blind children of Georgia.
The following bill was re-committed to the Committee on Agriculture, to-wit:
A bill to amend the act relating to fences, and for the protection of crops, approved August 26, 1872, and embraced in sections 1449 to 1455,inclusive, of the Code.
The following bill was read the first time, reported back by the Committee on Local and Special Bills, and referred to the Committee on Finance, to-wit: By Mr. Patterson-
A bill to appropriate money to refund double taxes illegally collected by the State of Georgia, from the Underwriters Agency of New York.
Leave of absence was granted to Messrs. Keel and Withrow, on account of sickness; to Messrs. Edwards and Jones, of DeKalb, and to Mr. Cook, on account of sickness in their families ; to Messrs. McBride, Lonnon .and Bacon, of Chatham, and Mr. Kennedy, on important business.
The hour of one o'clock p. m. having arrived, the House adjourned till nine o'clock to-morrow morning.

180

J OURN.AL OF THE HOUSE,

ATL.ANT.A, GEORGIA,
Wednesday, July 20, 1881.
The House met -pursuant to adjounment, was called' to order by the Speaker and opened with prayer by the Chaplain.
On motion of Mr. Burch, the roll call WllS dispensed with.
Mr. Heath, from the Committee on Journals, re ported the Journal of yesterday examined and approved.
The Journal was then read and approved. Mr. Reese moved to reconsider so much of the J uornal of yesterday as relates to the action of the House upon a resolution to appoint a committee to value the capitol building in Mill~dgeville. The motion to reconsider prevailed. Mr. Reese then moved to amend the resolution by inserting the words necessary to make it a joint resolution of the House and Senate. The amendment was adopted, and the resolution as amended, agreed to.
The following bill was introdueed, read the first time and referred to the General Committee on the J u.diciary, to-wit: By Mr. Reese-
A bill to require the Clerks of the Superior Courts to deliver the ballots to the person presiding at the taking of testiawny in contested election cases, so as to secure a compliance with the law as set out in section 1331 of the Code.
The following bill was introduced, read the first time and referred to the Committee on Agriculture, towit: By. Mr. Ritchie-
A bill to amend an act approved August 26, 1879, to prevent the driving or grazing of diseased cattle intoplaces other than those where the cattle are diseased,. and to fix a penalty for the same.

WEDNESDAY, JULY 20, 1881.

181

Thefollowing bills were introduced, read the first time and referred to the General Committee on the J udiciary, to-wit: By Mr. DuPree, of Macon-
A bill to authorize the Boards of County Commissioners and Ordinaries of this State to appropriate certain funds arising in County Courts to payment of County Judges' salaries, and for other purposes.
By Mr. SilmanA bill to authorize ministerial officers of this State,
who are charged with the execution of final process, to break and enter out-houses and store-houses of the defendant to such final process in certain cases, and for other purposes.
By Mr. ZachryA bill to provide for the compensation of jurors who
serve in the County Courts of this State. By Mr. Wilkirtson-
A bill to allow defendants to plead and prove want of consideration, total or partial failure of consideration in all suits founded on any note, bond, bill, mortgage or other evidence of debt given for commercial fertilizers in this State.

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

Mr. Speaker :
The Senate has passed the following Senate bills. in which they ask the concurrence of the House of Representatives, to-wit :
A- bill to amend sec.tion 4612 of the Code of 1873, which was passed by the requisite constitutional rna.jority of yeas 31, nays 1.
Also, a bill to require all conditional sales of personal property to be evidenced in writing, and for other purposes, which was passed by the requisite constitutional majority of yeas 32, nays none.

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JOURNAL OF THE HoUSE,

Also, a bill to amend section 4355 of the Code of 1873, which was passed by the requisite constitutional majority of yeas 28, nays none.
Also, a bill declaring persons who cannot read and write, incompetent to serve as election managers, which was passed by the requisite constitutional majority of yeas 28, nays none.
Also, a bill for the more certain levy and collecting of county tax in this State, which was paesed by the requisite constitutional majority of yeas 26, nays. none.

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

Mr. Speaker :
The Committee on Local and Special bills have had under consideration the following bills, which they find impossible to consolidate, and which they recommend be read first time and referred to the Committee on Corporations, to-wit :
A bill to be entitled an act to incorporate the Elberton and Pvint Peter Railroad Company.
A bill to be entitled an act to incorporte the Elberton and Petersburgh Railroad Company.
A bill to be entitled an act to incorporate the Mill Town Branch Railroad Company, and for other purposes.
Also, the following bills which they recommend be read and referred to the Committee on Temperance, to-wit:
A bill to be entitled an act to prohibit the sale of spiritous, vinous or malt liquors at any point or place within two miles of Mount Carmel church,in the county of Gwinnett, to attach a penalty to a violation of the provisions thereof, and for other purposes.
A bill to be entitled an act to pohibit the sale of malt or spirituous liquors within one and one-half

WEDNESDAY, JULY 20, 1881.

183

miles of Unionville (A. M. E.) church in Monroe county.
.A. bill to be entitled an act to change so much of the
act creating the Board of Commissioners of Lee county, approved February 28, 1876, as relates to the granting of ntail licenses, and to confer the authority to grant retail licenses upon the Ordinary of said county.
Also, the following bills, which they recommend be read first time and referred to the Committee on Special Judiciary, to-wit:
A bill to be entitled an act to authorize and empower the Mayor and Council of the city of Columbus to purchase and hold title to lands outside the city limits for cemetery purposes, and to exercise authority and jurisdiction over the same.
A bill to be entitled an act to amend an act entitled an act to fix the compensation allowed for feeding prisoners confined in Monroe county jail, approved February 21, 1876, so as to allow the Board of Commissioners of Roads and Revenue in their discretion to fix the amount of said compensation.
ARTHUR H. GRAY, Chairman.

Mr. Miller, chairman on the part of the House, submitted the following report :

Mr. Speaker:

The joint committee appointed to examine into the

business of the General .Assembly, and report on a

day for adjournment, beg leave to make the following

report: On account of the continued accumulation of busi-

ness, we find it difficult, if not impossib1e, to desig-

nate any day for adjournment, ani we respectfully

recommend the following resolution by the General

Assembly.

DuPONT GUERRY, Chairman Senate Committee.
A. L. MILLER, Chairman House Committee.

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JOURNAL OF THE HOUSE,

Resolved, By the Senate and House of Representatives, that, from and after the first day of Augu~t next, no bills shall be introduced in either House, without tbe consent of three-fourths of the members present of the House in which the bill is sought to be introduced.
Resolved, further, That the joint committee be allowed five days, after said first day of August, in which to make a final report.
On motion of Mr. Miller, the resolution submitted with the report was read and agreed to.
1\fr. DnBignon gave notice that at the proper time he would move a reconsideration of the action of the House in agreeing to this resolution.
The following bill was introduced, read the first time and referred to the Committee on Finance, to-wit:
By Mr. PattersonA bill to appropriate money to pay Mynatt &
Howell for legal services rendered the State.
By a two-thirds vote-yeas 98, nays none-the following bill was introduced, and by a two-thirds vote -yeas 96, nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. RiceA bill to amend an act incorporating the Gate City
Street Railroad Company, approved September 26, 1879.
By a two-thirds vote-yeas 92, nays none-the following bill was introduced, and by a two-thirds voteyeas 95, nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. HillyerA bill to incorporate the Chattahoochee Canal Com-
pany, defining its rights, powers, immunities, and for other purposes.
By a two-thirds vote-yeas 101, nays none -the fol-

WEDNESDAY, JULY 20, 1881.

185

lowing bill was introduced, and by a two-thirds vote -yeas 112, nays none-read the first time and referred to the Committee on Corporations, to-wit :
By Mr. PostA bill to amend an act to incorporate the town of
Sharpsburg, in the county of Coweta.
By a two-thirds vote-yeas 107, nays none-the following bill was introduced, and by a two-thirds voteyeas 96, nays none-read the ,first time and referred to the Special Committee on the Judiciary, to-wit : By Mr. Shockley-
A bill to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors within the county of Columbia, and to provide a punishment for the same.
By permission of the House, Mr. Morrow withdrew House bill No. 712.
By a two-thirds vote-yeas 98, nays none-the following bill was introduced, and by a two-thirds voteyeas 93, nays none-read the first time and: referred to the Committee on Temperance, to-wit: By Mr. Maddox-
A bill to prohibit the sale of spirituous, malt or in toxicating liquors within two miles of Subligna Methodist church, in Chattooga county.

The following mest~age was received from the Senate through Mr. Harris, the Secretary thereof:

Mr. Speaker :
The Senate has passed the following resolution, in which they ask the concurrence of the House of Repre13entatives, to-wit:
A resolution regarding the introduction of new bills in tha General Assembly, and giving the joint committee on early adjuornment further time to complete their work.

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JouRNAL oF TilE HousE,

The Senate has also concurred in the following resolution of the House of Representatives, to-wit :
A resolution providing for the valuation of the old capitol building at Milledgeville.
And I am instructed to transmit both of the forego. ing resolutions to the Honse of Representatives forthwith.
Mr. Rankin, chairman of the Committee on Railroads, submitted the following report, to. wit :
Mr. Speaker:
The Committee on Railroads have had under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to amend an act entitled: an act to incorporate the Gainesville, Jefferson and Southern Railroad Company, and for other purposes therewith connected, approved August 23, 1872, so as to authorize said railroad company to increase the number of its Directors, to issue or to ratify the issue of bonds, and to secure the same by a mortgage of its franchises and property, and to fix the legal residence of said corporation.
Respectfully submitted. W. R. RANKIN, Chairman.

Mr. Garrard offered the following resolution, which was read and agreed to, and ordered at once transmitted to the Senate, to-wit:
A resolution touching the death of Col. Randolph L. Mott, trustee of the State lunatic asylum.
By a two-thirds vote-yeas 98, nays none-the following bill was introduced, and, without being read, was referred to the Committee on Local and Special Bills, to-wit :
By Mr. NicholsA bill to allow the Coroner of Chatham county cer-

WEDNESDAY, JULY 20, 1881.

187

tain fees, to be paid out of the county treasury, for holding inquests, for burying the dead and furnishing coffins and all necessary materials, and for other purposes.
The following bill was introduced, read the first time and referred to the Committee on Education,. to-wit:
By Mr. Wilson, of CamdenA bill to amend section 1269 of the Code, in relation
to the school operations of the State of Georgia.
The following bill was introduced, read the first time and referred to the Committee on the Lunatic Asylum, to-wit: By Mr. DuBignon-
A bill to require the various counties of this State to pay from the treasuries of the respective counties of the State part of the amount required to support persons committed to the lunatic asylum.
The following bill was introduced, read the first time, and referred to the Committee on Education, towit: By Mr. Mathews-
A bill to better define and amend an act to perfect the public school system, and to supersede existing school laws, approved August 23, 1872.
By a two-thirds vote-yeas 103, nays none-the following bill was introduced, and by a two-thirds vvteyeas 107, nays none-read the first time and referred to the Special. Committee on the Judiciary, to-wit: By Mr. Moore, of Taliaferro-
A bill to compensate the County Board of Roads and Revenues in the county of Taliaferro for services rendered.
The following bills, reported back by the Committee on Local and Special Bills for a first reading and reference to appropriate committees, were read the first

188

JouRNAL OF THE HousE,

time and referred to the committees as follows, to wit:
By Mr. HillyerA bill to amend an act to grant to R. C. Mitchell &
Co. certain privileges in making an abstract of the records of deeds and mortgages in the county of Fulton.
Referred to the Special Committee on the Judiciary..
By Mr. Anderson, of NewtonA bill to amend an act to allow the Board of Com-
missioners of Newton county to assess an additional tax over and above the amount allowed by law, for the year 1879, and so many years thereafter as the board may think proper, for the purpose of raising additional revenue to reduce the indebtedness of the county, approved September 19, 1877, and for other purposes.
Referrt'ld to the Special Committee on the Judiciary.
By Mr. McBrideA bill to repeal an act to keep open, remove and
prevent obstructions to the free passage of fish. Referred to the Special Committee on the Judiciary.
By Mr. CrozierA bill to submit to the voters of Randolph county
the question of granting license to retail spirituous and malt liquors in said county.
Referred to the Committee on Temperance.
By Mr. YoungbloodA bill to require all persons residing in other coun-
ties, but owning 50 acres or more of improved land in the county of Washington to return and pay taxes on the same in the county of Washington.
Referred to the Committee on Finance.
By Mr. McClureA bill to appropriate money to lay out and con-
struct a public road from the north side of the Blue Ridge, in the county of Towns, to the south side of the same.

WEDNESDAY, JuLY 20, 1881.

189

Reterred to the Committee on Internal Improvements.
Also, a bill to repeal an act to revise the jury box, and to establish a board of jury commissioners, approved October 17, 1879, so far as the same relates to the county of Towns.
Referred to the Special Committee on the Judiciary.
By Mr. AddertonA bill to provide for levying and collecting taxes
for the payment of jurors and officers doing duty in the County Court of Sumter county.
Referred to the Special Committee on the Judiciary.
By Mr. JacksonA bill to incorporate the Richmond County Railroad
Company. Referred to the Committee on Corporations.
By Mr. WingfieldA bill to provide for the appointment of a Solicitor
ofthe County Court of Putnam county, and to define his duties.
Referred to the Special Committee on the Judiciary.
By Mr. Hightower, of EarlyA bill to reduce the official bond of the Sheriffof the
county of Early to the sum of five thousand dollars. Referred to the Special Committee on the Judiciary.
By Mr. WrightA bill to incorporate the Rome and Atlanta Rail-
road, and to grant certain powers and privileges to the same.
Referred to the Committee on Railroads. By Mr. Walker, of Jasper-
A bill to create a city government of the town of Monticello, and to confer on the authorities thereof certain powers in lieu of the present town government. Referred to the Special Committee on Judiciary. By Mr. Jones, of DeKalb-
A bill to amend an act to incorporate the Stone

190

JouRNAL oF THE HousE,

Mountain, Granite and Railway Company, and to -confer upon the same, certain rights, powers and privileges, approved October 26, 1870. By Mr. Barrow-
A bill for the relief of James Camack, and to provide for the payment of past due interest on certain bonds.
Referred to the Committee on Finance. Also, a bill for the relief of W. B. Thomas. Referred to the Committee on Finance. Also, a bill to provide for the payment of B. T. Culp and John B. Burch, the reward offered for the arrest of Charles J. Kelly. Referred to the Committee on Finance. By Mr. MaddoxA bill to authorize the Commissioners of Floyd county to purchase one or more bridges on the Etowah river, at Rome, and to issue bonds for the same, subject to the approval of the voters of the said county. Referred to the Special Committee on Judiciary. By Mr. DuBignonA bill to increase the salary of the county Trea,surer -of Baldwin county to five hundred dollars.
Referred to the Special Committee on the Judiciary. Also, a bill to amend an act approved February 15, 1876, amending the charter of the city of Milledgeville. Referred to the Special Committee on the Judiciary. By :Mr. Y onngbloodA bill to authorize an election in the county of Washington to test the will of the legal voters of said county as to the sale of spirituous liquors. Referred to the Committee on Temperance. By Mr. HesterA bill to amend an act to authorize the county of Dougherty by its County Commissioners to issue bonds of said county for $30,000, and to provide, etc., ap~ proved Septemper 10, 1879. Referred to the Special Committee on the Judiciary.

WEDNESDAY, JULY 20,1881.

191

By Mr. LaneA bill for the relief of the Mechanics Building and
Loan Association by the remission of taxes claimed by the Comptroller-General to be due the State by it for certain years therein specified.
Referred to the Committee on Finance.
Also, a bill for the relief of the l:Iome Building and Load Association, Bibb county, by remission of taxes claimed to be due the State.
Referred to the Committee on Finance. Also, a bill for the relief of the Bibb Loan and Building Association by remission of taxes. Referred to the Committee on Finance.
Also, a bill for the relief of the City Building and Loan Association of Bibb county by remission of taxes claimed by the State.
Referred to the Committe on Finance.
Also, a bill for the relief of the Ocmulgee Building and Loan Association by remission of taxes.
Referred to the Committee on Finance.
By Mr. DuBignonA bill to incorporate the Baldwin Manufacturing
Company. Referred to the Committee on Corporations.
By Mr. HesterA bill to authorize the Governor to draw his warrant
on the treasury for the payment of Henry P. Ham-
mett of excess of $26 No, proceeds of the sale of his
wild lands. Referred to the Committee on Finance.
By Mr. WilliamsA bill to prohibit the sale of spirituous, malt, or
other intoxicating liquors within Dooly county, and to provide a punishment.
Referred to the Committee on Temperance.
By Mr. Davis, of HabershamA bill to declare the bridge now built by W. D.

192

JoURNAL OJ<' THE HousE,

Young across the Tallulah river, three-fourths of a mile above 'l'allulah l!,alls Hotel, in Rabun county, a toll hridge, and to allow said Young to charge and collect toll.
Referred to the Special Committee on the Judiciary. By Mr. Moore, of PierceA bill to repeal all laws and amendments to laws incorporating the town of Blackshear, Pierce county, Georgia, and also all laws and amendments to laws conferring civil and criminal jurisdiction for the county of Pierce on the Mayor thereof; to provide for the election of Mayor and Alderman, and prescribe their powers and duties. Referred to the Committee on Corporations. By Mr. JanesA bill to prohibit the sale of intoxicating spirits within three miles, in every direction, from the Shiloh Baptist church, in 1079th district, G. M., county of Polk. Also, a bill to -prohibit the sale of intoxicating spirits within three miles of Bethlehem Baptist church, in 1074th district, G. M., Polk county. Both the last mentioned bills referred to the Committee on Temperance. By Mr. SummerlinA bill for the ownership of dogs in the county of Washington. Referred to the Special Committee on the Judiciary. By Mr. SumnerA bill to order an election to determine if the sale of intoxicating spirits shall be prohibited in the county of "'IVorth. Referred to the Special Committee on the Judiciary. By Mr. SweatA bill fixing the license for the sale of spirituous, intoxicating and malt liquors in the county of Clinch at fifteen hundred dollars. Referred to the Special Committee on the Judiciary.

WEDNE~DAY, JULY 20, 1881.

193

Also, a bill to prohibit the sale of spirituous, intoxicating or malt liquors in the town ot Stockton, in .Clinch county.
Referred to the Special Committee on the Judiciary.
Also, a bill to make it a misdemeanor for any person to set fire to the woods of another, in the county .of Clinch, where the same is protected by natural or artificial boundaries and the owner does not desire the same burned, to provide a punishment therefor, and for other purposes.
Referred to the Special Committee on the Judiciary.
Also, a bill to provide a more thorough and perfect system of common schools for the county of Clinch, and to repeal and supersede all existing laws in relation thereto for said county.
Referred to the Committee on Education.
Also, a bill to prohibit camp-hunting in the county of Clinch by non-residents, and to prescribe a punishment therefor.
Referred to the General Committee on the Judiciary.
By Mr. Davis, of HabershamA bill to promote the agricultural interests of Hab-
ersham county. Referred to the Committef:' on Agriculture. The following message was received from the Sen-
ate, through Mr. Harris, the Secretary thereof.

Mr. Speaker :
The Senate has passed the following Senate resolution, in which they ask the concurrence of the House Of Representatives, to-wit :
A resolution in relation to appointment of a committee on affairs of Marietta and North Georgia Railroad, and have appointed on the part of the Senate, Messrs. Winn and Daniel.
Also, the Senate has concurred in the resolutions of the .House of Representatives touching the death of
13

194

JouRNAL oF THE HousE,

Hon. Randolph L. Mott, one of the Trustees of the State Lunatic Asylum, and I am instructed to transmit the foregoing resolutions to the House of Representatives forthwith.

Mr. Twiggs, chairman of the General Committee on State of the Republic, submitted the following report:

Mr. Speaker:

The Committee on the State of the Republic have considered the following bill which they return to the House for reference to the Committee on Appointment, to wit
A bill to apportion among the several counties or this State, the whole number of Representatives in the Generai Assembly, etc.
Respectfully submitted, H. D. D. TwiGGS, Chairman.

Mr. Polhill, chairman of the Special Committee on, the Judiciary, submitted the following report:

Mr. Speaker:
The Special Committee on the Judiciary have had under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to -prescribe the mode and manner of having the lines and corners established around certain lots of land in Clinch county, when the same have been granted by the t;tate, bnt no lines or corners were ever run and established by the State, and for other purposes.
Also, the following bills, which they recommend do not pass, to-wit:
A bill to be entitled an act to repeal so much of an act entitled an act to carry into effect paragraph 2, section 18, article 6 of the Constitution, so far as to provide for the revision of the jury-box, and for other

WEDNESDAY, JULY 20, 1881.

195

purposes, a-pproved October. 18, 1879, as relates to the county of White, and to re-establish in lieu thereof the old Commissioners and the statutes relative thereto for said county, to-wit :
The Ordinary, the Clerk of the Superior Court, and three Commissioners, to be appointed by the Judge of the Superior Court, and to provide for the revision oi the jury-boxes of said county, and for other purposes.
A bill to be entitled an act to amend the County Court act of this State, so as to make the Clerk of the Superior Court of Coweta county Clerk of the County Court of Coweta county, and to provide for his fees.
Respectfully submitted, J. H. PoLHILL, Chairman.

Mr. Hammond, chairman of the Generll.l Committee on the Judiciary, summitted the following report, towit:

Mr. Speaker :

The General Committee on the Judiciary have con sidered the following bill, which tlwy recommend dt} pass, as amended, to- wit :
A bill to amend section 4565 of the Code, so as to include those counties where the authority to grant liquor license is vested by law in County Commissioners.
They have also considered the following bill~ which they recommend do not pass, to-wit:
A bill to repeal an act to regulate the rates of legal advertising in this State, and for other purposes, approved October 15, 1879.
Respectfully submitted, "\V. M. HAMMOND, Chairman.

The following bill was introduced, read the first time

196

JouRNAL OF THE HousE,

:and referred to the General Committee on the Judiciary, to-wit:
By Mr. TwiggsA bill to require Judges of the Superior Courts to
give specially in charge to the grand juries an act for the prevention of cruelty to animals.

By a two-thirds vote-yeas 97, nays none-the following bill was introduced, read the first time by yeas 90, nays none, and referred to the Special Committee on the Judiciary, to-wit:
By Mr. McCantsA bill to amend an act to create a Board of Commis-
sioners of Roads and Revenues for the county of Taylor, define their powers and duties.
On motion of Mr. Rice, the rules were suspended and the following bills were taken up and read the second time, to-wit:
A bill to amend an act approved February 29, 1876,
to enable purchasers of railroads to form corporations,
etc. Also, a bill in relation to corporations heretofore
organized under an act to enable the purchasers ot railroads ,to form corporations, approved February 29, 1876.
The following bill was withdrawn, to-wit : Honse bill 293, by Mr. James, of Douglas ; also, House bill 260, by Mr. Denton, of "\Vare.
The following bill was recommitted to the SpPcial Committee on Apportionment, to-wit:
A bill to apportion representation in the General .Assembly among the several counties of this State.
The following bill was withdrawn by Mr. Jackson, of Richmonds No. 269, to-wit:
A bill to exclude certain lands from the village of Summerville.

THURSDAY, JULY 21, 1881.

197

The morning session was prolonged a few. minutes, and the following resolution was introduced, read the first time and laid over under the rules, to-wit: By Mr. Smith, of Oglethorpe-
A resolution to authorize the entire Committee on the Penitentiary to visit and inspect convict camps.
Leave of absence was granted to Mr. Bates on account of sickness in his family.
The House then adjourned till 9 o'clock a. m. tomorrow.

ATLANTA, GEORGIA,
Thursday, July 21, 1881.
The House met pursuant to adjonrnmE>nt, was called to order by the Speaker, and opened with prayer by the Uhaplain.
On motion of Mr. Wheeler, the roll call was dispensed with.
Mr. Kimsey, from the Committee on Journals, reported the Journal of yesterday, examined and approved.
The Journal was then read and approved. Mr. DuBignon moved to reconsider so much of the Journal as relatE's to the action of the House upon a resolution to prohibit the introduction of new matter after August 1st, and give time to the committee to report aft(>r that date. Mr. Peek moved to lay the motion to reconsider on the table. The motion did not prevail. Tho motion to reconsider prevailed.
On motion of Mr. Day, the following Senate resolution was taken up, read and concurred in, to-wit:
A resolution to appoint a joint committee of the Senate and House of Representatives to examine into and report upon the affairs of the Marietta and North Georgia Railroad.

198

JOURNAL OF THE HOUSE,

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

Mr. Speaker:
The Senate has passed the following Senate bills, in which they ask the concurrence of the House of Representatives therein, to-wit:
A bill to prescribe the fees of Clerks of the Superior Courts of this State, and to provide for the payment of the same, which was passed by the requisite constitutional majority of yeas 29, nays 3.
Also, a bill to declare that the wife shall be a competent witness against her husband upon the trial of the husband for any criminal offense committed or attempted to have been committed upon the person of the wife, which was passed by the requisite constitutional majority of yeas 27, nays none.
Also, a bill to give notice of trial to road defaulters, which was passed by the requisite constitutional majority of yeas 27, nays none.
Also, a bill to make it a misdemeanor for any person to carry to a place where the people have assembled for divine worship, or for Sunday-school, or for a Sunday-school celebration, any intoxicating liquor, and for other purposes, which was passed by the requisite constitutional majority of yeas 28, nays none.
Also, a bill to amend section 2048 of the Code of 1873, which was passed by the requisite constitutional majority of yeas 26, nays none.

Mr. Estes, chairman of the Committee on Corporations, submitted the following report :
Mr. Speaker:
The Committee on Corporations have had under consideration the following bills, which they recommend do pass, to-wit :

THURSDAY, JULY 21, 1881.

199

A bill to incorporate the Savannah Storage Com])any.
Also, a bill to incorporate the Athens Mutual Insurance Company.
Also, the following bills, which they recommend do pass with amendments, to-wit:
A bill to incorporate the Rome 8outhern Railroad Company.
Also, a bill to amend the charter of the town of"\Vest End.
The proper notices, required by law, have been given of intention to apply for the passage of the foregoing bills.
The committee have also had before them the following bills, which they recommend do not pass, towit:
A bill to be entitled an act to incorporate the Cumming and Suwannee Railroad Company.
Also, a bill to amend an act to charter the Clayton Railroad Company, and for other purposes.
Also, a bill to incorporate the Dahlonega, Dawsonville and Gainesville Telegraph and Telephone Company.
Respectfully submitted, J. B. EsTEs, Chairman.

The following bill was read the third time, to-wit: A bill to establish a branch College of Agricultural and Mechanical Arts and Sciences at Hamilton, in this State.
Mr. Price called the previous question. The call 'Was sustained and the main question ordered.
The report of the committee, favorable to the passage of the bill, was disagret>d to, and the bill was lost.
The Speaker appointed as the committee on the part of the House to inquire into thA affairs of the Marietta .and North Georgia Railroad, Messrs. Day, W1llingham and Park.

200

J uURNAL oF THE Hou.,E,

Mr. Rankin, chairman of the Committee on Railroads, submitted the following report :
Mr. Speaker:
The Committee on Railroads have had under consideration the following bill, which they have instructed me to report back, with the recommendation that it do pass, as amenaed, to-wit:
A bill to be entitled an act to incorporate the Tennille and Wrightsville Railroad Company, and to grant certain privileges to the same relating to their organization, the construction and operating of said road, and for other purposes.
Also, a bill to be entitled an act to amend section 3 of the act of October 14, 1879, in relation to the Railroad Commission, hy adding a provision thereto, which the committee recommend do not pass.
Respectfully submitted,
'V- R. RANKIN, Chairman.
The following bill was read the third time, the report of the committee was agreed to, and the bill passed, as amended, by thB requisite constitutional majority -yeas 100, nays none-to-wit :
A bill to provide for the compensation of certain public officers of this State.
The full owing bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 112, nays none-to-wit:
A bill to repeal the acts to create a Board of Commissioners of Roads and Revenues for the county of Milton, one of which was approved October 26, 1870, and the other January 20, 1872.
Mr. Hutchins, chairman of the Committee on Finance, submitted the following report, to-wit:
Mr. Speaker: 'fhe Committee on Finance have had under their

THURSDAY, JULY 21, 1881.

201

consideration the following bill, which they recommend do pass, to-wit:
A bill to be entitled an act to appropriate money for the compensation of VanDyke, Cooke & VanDyke, and N. J. Hammond, attorneys and solicitors, for services rendered the State in the cases and courts. therein mentioned, and for other purposes.
Also, the following, which they recommend do pass, as amended, to- wit :
A bill to be entitled an act to provide for the compensation of Cf'rtain Tax Collectors and Receivers of Tax Returns for services performed during the year 1880.
Also, a bill to be entitled an act to authorize the Board of Commissioners of Roads and Revenues of the county of Glynn to issue bonds not to exceed the sum of fifty thousand dollars, etc., and for other purposes.
Also, the following bills, which they return with recommendation that the introducers be allowed to withdraw, to-wit:
An act to provide for the compensation of the Treasurer of the county of Webster.
Also, a bill to be entitled an act to appoint a Board of Trustees with power to sell and dispose of lot of land No. 157, 21st district, for educational purposes.
Also, a bill to be entitled an act to change so much of the common school law as relates to the present County Scool Commissioners of the county of Walker, State of Georgia, and for other purposes.
Proper notices of intention to introduce the local and special bills herewith returned, have been published, as required by law.
The committee have also had under consideration a joint resolution authorizing the payment of the per diem of the deceased members of the General Assem-

202

JouRNAL OF THE HousE,

bly, the Hons. .A.. J. Hansell and John Wilcox, which they recJ.Dlmend be adopted.
Respectfully tmbmitted, N. L. HUTCHINS, Chairman.

Mr. Sweat, chairman of the Committee on .Apportionment, submitted the following report :
Mr. Speaker :
The Committee on .Apportionment have had under consideration the following bill, which they recommend do pass, to-wit:
.A. bill to apportion among the several counties of this State the whole number of Representatives, of which the House of Representatives, under the Constitution is composed, and to declare the number of Representatives to which each county is entitled, under the tenth census of the United States, and for other purposes.
Respectfully submitted, J. L. SwEAT, Chairman.
Mr. Polhill, chairman Special Committee on the .Judiciary, submitted the following report:
Mr. Speaker :
The Special 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 fix the amount of license for selling spirituous, intoxicating or malt liquors in the county of Charlton, in this State, and to prescribe a punishment for a violation of the provisions of this act, and for othPr purposes.
.A. bill to be entitled an act to provide for issuing new bonds of the county of Clarke to take up the outstanding indebtedness of the county.
.A. bill to be entitled an act to amend an act entitled

THURSDAY, JULY 21, 1881.

203

an act to fix the amouEt of license for selling or vending spirituous, intoxicating or malt liquore in the counties of Wayne, Liberty, Coffee and Appling, in this State, and to prescribe a punishment for a violation of the provisions of this act, and for other purposes, by extending the provisions thereof for the county of Coff~e, so as to include within the same any and all beers, ciders, bitters or nostrums, whether patented or not, and with or without a name, which, if taken in sufficient quantity, will produce intoxication.
A bill to be entitled an act to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Scriven, and to increase the fee for said license to ten thomand dollars, and for other purposes.
A bill to be entitled an act to repeal an act to organize a County Court for the county of Randolph, approved February 21, 1876, and for other purposes.
Also, the following bills, which they recommend do pass, as amended, to wit :
A bill to be entitled an act to alter and amend section 1407 of Code of 1873, providing how druggists are to obtain license.
Also, a bill to be entitled an act to amend an act approved February 26, 1876, so as not to compel the Mayor and Councilmen of Athens to levy one-half of one per C~->nt. to pay the principal and interest on the bonds therein mentioned, but only require the Mayor and Councilmen to levy so much tax as will be necessary, etc.
Also, the following bill, which they recommend be referred to the Special Committee on Temperance, towit:
A bill to be entitled an act to amend an act approved March 2, 1875, relating to the county of Butts, so as to make the same apply to 217th, 218th and 220th militia districts o! the county of Clarke.

204

JouRNAL oF THE HousE,

Also, the following bi1ls, which they recommend the introducer be allowed to withdraw, to-wit:
A bill to be entitled an act to authorize and require each and every arresting officer or citizen of the county of Coffee to arrest any person who, by drinking or disorderly conduct, shall in any manner disturb any congregation or assemblage of persons met for divine worship, and to take such person so offending before any Justice of the Peace of said county for trial, and to prescribe a punishment therefor.
.Also, a bill to be entitled an act to curtail and define the powers and duti~s of the Judge of the County Court of Brooks county in relation to county matters, and to fix the amount of his salary.

Also, the following bills, which they recommend do not pass, to-wit:
A bill entitled an act to legalize the action of the Board of Commissioners of Roads and Revenue of the county of Douglas, changing the size and shape of the court house square in the town of Douglasville.
Also, a bill to be entitled an act to authorize Justices of the Peace and Notaries Public in the various. counties in this State, in which there is a County Court, to bind over parties charged before them with misdemeanors to said County Courts, and to authorize said Courts to try said parties, to forfeit recognizances, and for other purposes.

Also, the following bill, which they recommend donot pass, six mPmbers of the committee d1ssentingt whose minority report is hereto attached:
A bill to be entitled an act to repeal an act to create a Board of Commissioners for the county of Mcintosh and city of Darien, and to define their powers and duties, approved February 26, 1876.
Respectfully submitted, J. H. PoLHILL, Chairman.

THURSDAY, JULY 21, 1881.

205

MINORITY REPORT.

The undersigned members of the Special Committee

<>n the Judiciary, dissent from the report of a major-

-ity of said Committee on House Bill, which is-

A bill to be entitled an act to repeal an act to create

:a Board of Commissioners for the eounty of Mcintosh,

and city of Darien, and to define their powers and

duties, approved February 26, 1876. We beg leave

1:o submit the following minority report : The undersigned believe that the act sought to be

repealed is unconstitutional, embracing, in our opin-

ion, more than one subject matter.

We are of the further opinion, that said act ought

to be repealed. because it destroys and subverts within

the scope of its operation the right of local self-gov-

ernment, which is enherent in the people to be effected by such government, and that it is contrary to the genius of the American government to interfere with

the people in the exercise of their inherent rights,

while we sympathize with any community that is likely

to be injured by the exercise ofthis right.

Yet, we believe it more important to sustain the in-

institutions of this country than to vary the rule as to any particular community. Therefore, we respect-

fully submit, that the law proposed would repeal a law

that is, in our judgment, contrary to the spirit of the

Constitution of the United States, and of this State.

All of which is respectfully submitted.

L. L. MIDDLEBROOK.
w. T. DAY.

JoHN J. KIMSEY.

c. H.

CAMI<:RON

w. R. LITTLE.

J. LAWToN SINGELLTON.

The following bills were laid on the table, to-wit:
A bill to establish a system of public schools for the .city of Sandersville.

206

J OURN.AL OF THE HousE,

Also, a bill to repeal the act to keep open rivers and the mouths of creeks, so far as relates to the county of Haralson.
The following bill was re-committed to the General CommittPe on the Judiciary, to-wit:
A bill to prohibit the selling of seed cotton in this State between the hours of sunset and sunrise.
The following bill was read the third time, and the report of the committee agreed to, to-wit:
A bill to amend section 1319 of the Code of 1873, relating to the election of county officers in this State.
On the question of the passage of the bill, Mr. DuBignon called for the yeas and nays. The call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, .Anderson of Cobb, .Anderson of Newton, Arrington, Bacon of Chatham, Barnes, Barrow, Bird, Branson, Brewer, Brinson, Broyles, Burch, Carter, Christie, Clark, Coffin, Crozier, Crumbley, Davis of Habersham, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Estes, Farnell, Flynt, Fordham, Foster, Fuller, Garrard, Glover, Hagen, Harrell, H,:mrd, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hillyer, .Hunt, Jackson of Carroll, Jackson of Richmond, Jemison, Johnson of Johnson, Johnson of Lee, Jones of Baker, Julian, Kimsey, Lamar, Lamb, Lester, Lewis, Little, Maddox, Martin of Houston, Martin of Talbot, M!:!thews, Mays of Butts, McAllister, McClure, McClellan, Mcintosh, McKinney, McLeod, McLucas, Middlebrook, Moore of Hancock, Moore ot Pierce, Moore of Taliaferro, Morrow, Palmour, Park, Patterson, Price, Quillian, Rankin, Rawlins, Render, Rice, Ritchie, Roney, Sapp, Sellars, Scruggs, Shockley, Singleton, Silman, Smith of Union, Story, Sweat, Tharpe,

THURSDAY, JULY 21, 1881.

207

Thompson, Turner of Floyd, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, Walker of Jasper, \Vheeler, Williams, \Vilkinson, Wilson of Camden, Wilson of Greene, Wingfield, Winslow, Zachry, Zellars-112.
Those voting in the negative are Messrs.-
Basinger, Beatty, Bennett, Bull, Cameron, Carithers, Cook, Crawford, Daniel, Davis of Lumpkin, Day. Feagin, Goodrich, Gray, Hale, Hammond, Hutchins, James, Jan3s, Miller, Milner, Nichols, Northen, Orr, Peek, Polhill, Post, Rainey, Reese, Robins, Smith of Oglethorpe, SpeTJ.ce, Spearman, Stanford, Stapleton, Strother, Summerlin, Whittle, Willingham, Wilson of Bulloch, Y oungblood-41.

Those not voting are Messrs.-
Awtry, Bates, Branch, Edwards, Gaskins, Hall, Harp, Hill, Jones of DeKalb, Keil, Kennedy, Lonnon, Mays of Richmond, McBride, McCants, Mitchell, Perkins, Sumner, Turner of Monroe, \Vithrow,Wright, Mr. Speaker-22.
So the requisite constitutional majority having voted in the affirmative, the bill was passed.
On motion of Mr. Price, the rules were suspended, and by a two-thirds vote-yeas 98, nays none-the following bill was introduced, and by a two-thirds voteyeas 102, nays none-read the first time and referred to the Committee on Temperance : By Mr. Price-
A bill to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors within Oconee county, except as hereinafter provided, and to provide a punishment for the violation of the provisions of this act.
The following bill was read the third time, and the report of the committee agreed to, to-wit:
A bill to amend an act approved October 13, 1879,

208

JOUR:-IAL OF THE Ht~USE,

in reference to the jurisdiction of the County Courts of this State.
On the question of the passage of the bill, Mr. Hunt ~alled for the yeas and nays ; the call was snstained, and on calling the roll, the vote was as follows, towit:
Those voting in the affirmative are Messrs.-
Barnes, Basinger, Bird, Broyles, Cameron, Carter, Christie, Coffin Crawford, Crumbley, Davis of Lumpkin, Day, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Flynt, Foster, Garrard, Goodrich, Gray, Hagen, Heard, Heath, Hightower of Early, Hightower of Stewart, Runt, Jackson of Richmond, James, .Jemison, Lamar, :Maddox, Martin of Houston, Martin of Talbot, Miller, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Nichols. Northen, Render, Roney, Shockley. Singleton, Silman, Spence, Stanford, Sweat, Turner of Floyd, Turner of Monroe, Twiggs, \Valker of Berrien, "\Valker of Jasper, Wingfield, "\Vinslow, Zachry-56.

Those voting in the negative are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtrey, Beatty, Bennett, Branson, Brewer, Brinson, Bull,Burch,Carithers,Clark,Cook,Daniel,Davis of Habersham, Denton, Dial,Estes,Farnell,Feagan, Fordham, Fuller, Gaskins, Glover, Hale, Harrell, Henry, Hester, Hutchins, Jackson of Carroll, Janes, Johnson of Johnson, Johnson of Lee, Jones of Baker, Julian, Kimsey, Lamb, Lester, Lewis, Little, Mathews, Mays of Butts, McAllister, McCants, McClure, Mcintosh, McKinney, McLucas, Middlebrook, Milner, Morrow, Orr, Palmour, Park, Peek, Post, Price, Quillian, Rainey, Rankin, Rawlins, Ritchie, Robins, Sapp, Sellars, Scruggs, Smith of Oglethorpe, Smith of Union, Spearman, Stapleton, Strother, Summerlin, Sumner, Tharpe, Thompson, Turnipseed, Walker of

THURSDAY, JULY 21, 1881.

209

Crawford,Wheeler, Whittle, vVilliams, Wilson of Bulloch, Wilson of Camden, Wilson of Greent>, Youngblood, Zellars-89

Those not voting are Messrs.-
Bacon of Chatham, Barrow, Bates, Branch, Crozier, Dykes,Edwards, Hall, Hammond, Harp, Hill, Hillyer, Jones of DeKalb,Keil,Kennedy,Lonnon,Mays of Richmond, McBride, McClellan, McLeod, Mitchell, Patterson, Perkins, Polhill, Reese, Rice, Story, \-\Tillingham, Wilkinson, Withrow, Wright, Mr. Speaker-30.

So the bill was lost.
On motion of Mr. Martin, of Talbot, the following Senate bill was taken up, read the first time and referred to the Committee on Finance, to wit:
A bill to regulate and restrict the rate of interest in this State, and for other purposes.
On motion of Mr. Summerlin, the following bill, tabled this morning, was taken up, read the third time, the report of the committee was agrt>ed to, the proofs of the publicatiln of the notices reqnired by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 115, nays 15-to-wit:
A bill to authorize the corporation of the city of Sandersville to levy a tax for the purposu of establishing and maintaining public schools in said city, and to authorize the County School Commissioner of Washington county to pay over to the Board of Education of said public schools such part of the State school fund as may be their just pro rata share thereof, and to authorize the City Council of said city to appropriate the proceeds from the grant of licenses to retail spirituous liquors in the said city, and also all the interests and dividends from the city's investment in the Sandersville and 'fennille Railroad, to said public school purposes.
14

:210

JOURNAL OF THE HoUSE,

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 101, nays none-to-wit:
A bill to provide for sales made under and by virtue
of any fl. fa. or other process issued from the County
Courts of this State.
Mr. Stanford gave notice of a motion to reconsider the action of the House on the bill to create a branch Of the State University at Hamilton.
Mr. Basinger gave notice of a motion to reconsider the action of the House on the bill changing the time for holding county elections.
Leave of absence was granted to Mr. Reese and to Mr. Farnell on account of important business.
The hour of 10 o'clock having arrived, the House :adjourned till9 o'clock a.m. to-morrow.

ATLANTA, GEORGIA,
Friday, July 22, 1881.
The House met -pursuant to adjounment, was called to order by the Speaker and opened with prayer by the Chaplain.
The roll was called and a quorum found to be present.
Mr. Heath, from the Committee on Journals, reported the Journal of yesterday examined and apJ>roved.
The Journal was then read and approved. Mr. vYingfield gave notice of a motion to r_econsider.
Mr. Wingfield moved to reconsider so much of the .Journal of yesterday as relates to the action of the House upon a bill to amend the County Court act in

FRIDAY, JULY 22, 1881.

211

-reference to jurisdiction of amounts under fifty dolliars.
On motion of Mr. Branson, the motion to reconsider was laid on the table.

Mr. Stanford moved to r!"consider so much of the Journal as relatPs:to the action of the House upon a bill to establish a branch of the State University at Hamilton.
The motion to reconsider prevailed.
Mr. Basinger moved to reconsider so much of the .Journal as relates to the action of the House upon a bill to change the time of holding county elections.
Mr. Wright moved to lay the motion to reconsider on the table, which motion did not prevail.

On the motion to reconsider, Mr. Middlebrook called for the yeas and nays, the call was sustained, and on -calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-

Adderton, Arrington, Basinger, Beatty, Bennett, Bird, Branson, Brewer, Brinson, Bull, Cameron, Carithers, Cook, Crawford, Crozier, Daniel, Davis of Lumpkin, Day, DuPree of Macon, Dykes, Feagin, Flynt, Fordham, Garrard, Glover, Gray, Hale, Hall, Heath, Hester, Hightower of Ea.rly, Hill, Jackson or Carroll, Jackson of Richmond, James, Janes, Johnson -of Johnson, Jones of Baker, Julian, Lewis, Mathews, McAllister, McKinney, McLeod, McLucas, Miller, Milner, Moore ot Hancock, Moore of Taliaferro, Morrow, Nichols, Northern, Orr, Palmour, Park. Peek, Perkins, Polhill, Post, Rainey, Render, Robins, Roney, Scruggs, Smith of Oglethorpe. Spence, Spearman, Stanford, Stapleton, Story, Strother, Summerlin, Sweat, Turner of Monroe, Twiggs, 'Valker of Berrien, Wheeler, Willingham, Wilson of Greene, Y oungblood-80.

212

JouRNAL oF THE HousE,

Those voting in the negative are Messrs.-
Anderson of Cobb, Anderson of Newton, Awtry,. Bacon of Chatham, Barnes, Barrow, Broyles, Burch, Carter, Christie, Coffin, Crumbley, Denton, Dial, DuBignon, DuPree of Pike, Dyer, Estes, Fuller, Gaskins, Goodrich, Hagen, Hammond, Heard, Henry, Hightower ot Stewart, Hillyer, Hunt, Jemison, Johnson of Lee, Kimsey, Lamar, Lamb, Lonnon, Lester,. Maddox, Martin of Houston, Martin of Talbot, Mays of Butts, McCants, McClure, Mclntvsh, Middlebrook, Mitchell, Moore of Pierce, Patterson, Prict>, Quillian, Rankin, Rawlins, Rice, Ritchie, Sapp, Silman, Smith of Union, Sumner, Turner of Floyd, 'furnipseed, vValker of Crawford, \Valker of .Jasper, Williams, Wilkinson, 'Vilson of Bulloch, vYilson of Camden, vYingfield, Winslow, Wright, Zachry, Zellars-69.

Those not voting are Messr8.-
Bates, Branch, Clark, Davis of' Habersham, Edwards,. Farnell, Foster, Harp, Rarrdl, Hutchins, Jones of DeKalb, Keil, Kennedy, Little, Mays of Richmond, McBride, McClellan, Reest>, Sellars, Shockley, Singleton, Tharpe, 'fhompson, vVhittle, Withrow, Mr. Speaker-26.

So the motion to reconsider prevailed.
On motion of Mr. Stanford, the following bill was re-committed to the Committee on Education, to-wit:
A bill to establish a Branch College of Agriculture and Mechanic Arts and Sciences at Hamilton.
On motion of Mr. Wright, the rules were suspended and the following bill taken up and re-committed to the Committee on Education, to-wit:
A bill to establish a Branch College of Agriculture and Mechanic Arts and Sciences at Rome.
Mr. Middlebrook offered the following resolution,_ which was read and agreed to, to-wit:

FRIDAY, JULY 22, 1881.

213

A resolution tendering the use of the hall of the House of Representatives to certain members of the National Educational Association at 4 p. m. to-pay.
The following bill was introduced, read for the first 'time, and referred to the General Committee on the .Judiciary, to-wit:
By Mr. Jones, of BakerA bill to amend an act to exempt from process of
garnishment the wages of journeymen mechanics and day laborers, approved February 7, 1876.
By a two-thirds vote-yeas 101 nays none-the following bill was introduced, and by a two-thirds voteyeas 88, nays none- read the first time and referred to ihe Special Committee on the Judiciary, to-wit:
By Mr. ArringtonA bill to amend an act incorporating the town of
Quitman, etc., approved December 19, 1859, and the several acts amendatory thereat, so as to increase the Hoard of Aldermen to six, and to authorize said board to fill any vacancy in said board ; to consolidate the offices of Clerk and Treasurer.
By a two-thirds vote-yeas 98, nays none-the fol'lowing bill was introduced, and without being read, referred to the Committee on Local and Special Bills, to-wit:
By Mr. Bacon, of BibbA bill to prohibit the selling and furnishing of any
spirituous, vinous or malt liquors at any point within the 483d district, G. M., commonly known as How-ard's District, in Bibb county, within three miles of any house of public worship, or of any school house within the limits of said district, and to provide a pen.alty for the same.
Mr. Wheeler withdrew House bill No. 676. Mr. McLeod withdrew House bill No. 107. The following message was received from the Senate, .through Mr. Harris, the Secretary thereof:

214

JouRNAL oF TIIE HousE,

Mr. Speaker:
The Senate has passed the following House bill. towit:
A bill to authorize the Mayor and Council of the town of Butler to levy and collect taxes, and for other purposes, which was passed by a constitutional majority-yeas 32, nays none.
Mr. Summerlin, chairman of the Committee on Blind Asylum, submitted the following report:

Mr. Speaker :
The Committee on the Blind Asylum have had under consideration the following bill, which they respectfully return to the House, with recommendation that the same be referred to the Committee on Finance, to wit:
A bill to be entitled an act for the establishing an. academy for the colored blind children of Georgia.
Respectfully submitted, M. D. C. 1\L SmtMERLIN, Chairman.

Mr. Lamar, chairman Committee on Internal Improvements, submitted the following report :

Mr. Speaker:
The Committee on Internal Improvements has had under consideration the following bill, which they recommend do pass, to-wit:
A bill to be entitled an act to declare the head of navigation of the Ocmulgee river, and for other purposes.
Also, the following bill, which they recommend do not pass, to-wit :
A bill to be entitled an act to appropriate money tolay out and construct a public road in the county ot Towns, and for other purposes.
, Respectfully submitted, LAMAR, Chairman.

FRIDAY, JULY 22, 1881.

215

Mr. Janes, chairman of the Committee on Counties and County Lines, submitted the following report :

Mr. Speaker :
The Committee on Counties and County Lines have had under consideration the following bill, which they recommend do -pass, as amended, to-wit :
A bill to carry into effect article 11, section 1, paragraph 3, of the Constitution.
Respectfully submitted, C. G. JANES, Chairman.

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

Mr. Speaker :
The Committ~e on Enrollment report as duly enrolled and ready for the signature of the Speaker or the House of Representatives the following resolution, to-wit:
A resolution providing for the valuation of the old capitol building at Milledgeville.
Respectfully submitted, J. L. SwEAT, Chairman.

The following bill was introduced, read the first time, and referred to the Committee on tht:> Agriculture, to- wit :
By Mr. HeathA bill to amend section 7 of an act relating to fences
and stock, and for the protection of crops, approved August 26, 1872, by striking from said section 7, the word "July," and inserting in lieu thereof "Octobtr," and by striking from the proviso of said section the words "two years," and inserting "one year."
The following bills were introduced, read the first time and referred to the General Committee on the J udiciary, to-wit:

216

J OURN.AL OF THE HOUSE,

By Mr. AwtryA bill to allow Justices of the Peace and Notaries
Public to continue their courts in certain cases.
By Mr. WilkinsonA bill to amend section 4527 of the Code in relation
to the punishment for carrying concealed weapons.
By Mr. PalmourA bill to change the time of holding the Superior
Courts in Dawson county.
By Mr. HillyerA bill to more ~>ffectually secure the service of jurors
in the Superior and City Courts of this State.
Also, a bill to determine the priority of deeds, and to regulate their record, and for other purposes.
By Mr. SilmanA bill to prescribe the manner of perfecting service
of notice upon resident minors under fourteen years of age in certain cases.
By Mr. WinslowA bill to amend paragraph 1, section 1, of an act
approved October 13, 1879, to define the jurisdiction, powers and proceedings of every County Court, etc.
By Mr. McintoshA bill to amend section 2040 of the Code of Georgia. Also, a bill to amend the election laws, as regards
the managers of elections held in this State.
By Mr. Turner, of Monr<'leA bill to repeal so much of an act to make minors
parties to proceedings in the courts of this State, approved February 25, 1876, as requires such proceedings to be served on minors under fourteen years of age personally. By Mr. Moore, of Pierce-
A bill to regulate the sale of pistols in this State. By Mr. Hunt-
A bill to carry into effect the last clause of section 1, article 7, of the Constitution.

FRIDAY, JULY 22, 1881.

217

By Mr. CarithersA bill to ame1'ld the 26th section of the judiciary act
passed 16th day of December, 1799, and re-enacted in 1810, and included in section 3580 of the Code.

Mr. Northen, chairman Committee on Education, -submitted the following report :

Mr. Speaker:
The Committee on Education have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to be entitled an act to secure uniformity in grading teachers in public schools.
The committee have also considered the following bill, which they recommend do not pass, to wit :
A bill to be entitled an act to prescribe a uniform -system of instruction, and to secure unif<>rmity in the text books in use in the common schools of this State, .and for other purposes.
Respectfully submitted, W. J. N ORTHEN, Chairman.

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

Mr. Speaker:

The Committe~ on Enrollment report as duly en-

rolled, signed by the Speaker of the House of Repre-

sentatives, President of the Senate, and delivered to

the Governor, the following act, to- wit :

An act to change the time for holding the Superior

Courts of Laurens county, and to legalize the jurors

already clrawn for October Term, 1881.

Also, a resolution providing for the valuation of the

.old capitol at Milledgeville.

Respectfully submitted,

1

J. L. SwEAT, Chairman.

218

JOURNAL OF THE HoUSE,

Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report :

Mr. Speaker :
The General Committee on the Judiciary have had under consideration the following bills, whinh they recommend do pass, by substitute, to-wit :
A bill to allow defendants in distress warrants to stop proceedings in forma pauperis, and to authorize the prompt sale of certain perishable property.
Also, a bill to change section 4109 of the Revised CodP, to provide for post-mortem examinations, and for other purposes.
The committee have also had under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to change the time of holding the Superior Courts in the counties of Dawson and Pickens, in the Blue Ridge circuit, so as to allow the county of Lumpkin two weeks at each term of said court.
They also recommend that the following bill do pass, to-wit:
A bill to provide for the punishment of persons, who, as the servant or agent of another, keep, employ, use, preside or deal at any gambling table, and for other purposes.
They also recommend that the following bill do not pass, to-wit :
A bill to exempt school trustees from 10ad duty. Respectfully submitted,
W. M. HAMMOND, Chairman.

Mr. Polhill, chairman Special Committee on the Judiciary, submitted the following report :

Mr. Speaker: The Special Committee on the Judiciary has had

FmDAY, JuLY 22, 1881.
under consideration the following bills, which they recommend ~o pass, to-wit :
.A bill to repeal an act creating Commissioners of Roads and Revenue in the county of Fayette.
Also, a bill to prohibit the sale of spirituous, vinous and malt liquors in the county of Walton, of this State.
.Also, a bill to prohibit the sale of spiritous, malt or other intoxicating liquors in the county of Lowndes.
.Also, a bill to regulate the sale of spiritous or intoxicating liquors in the county of Polk, and for other purposes.
.Also the following bills, which they recommend do pass, as amended, to-wit:
A bill to amend an act to create a Board of Commissioners of Roads and Revenue for the county of Fulton, approved December 3, 1880.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors within two miles of the court house in the town of Cleveland, in the county of White.
.Also the following bill, which they recommend do pass by substitute, to-wit :
A bill to create a Board of County Commissioners for Brooks county, and to provide the manner of their appointment.
Also the following bill, which they recommend introducer be allowed to withdraw, to-wit:
A bill to repeal an act approved February 28, 1874, which forbids the sale of intoxicating liquors in the town of Milner, county of Pike, in this State.
.Also the following bills, which they recommend do not pass, to-wit:
A bill to create the office of County Solicitor for the county of Oconee in this State.
.Also, a bill to confer additional powers on the Tax

"220

JouRNAL OF THE HousE,

Collector of Twiggs, and to make said Tax Collectors ex officio Sheriff in some cases.
Respectfully submitted, J. H. PoLHILL, Chairman.
By a two-thirds vote-yeas 96, nays none--the following bill was introduced, and by a two-thirds voteyeas 92, nays none-read the first time awl referred to the Special Committee on the Judiciary, to-wit :
By Mr. BasingerA bill to authorize the Commissioners of Roads and
Revenue of Camden county to make an equitable settlement with J. M. Arnow, late Judge of the County -Gourt.
Mr. Wilson, of Camden, submitted a memorial which was referred with the bill.
By a two-thirds vote-yeas 90, nays none-the following bill was introduced, and by a two-thirds vote -yeas 91, nays none-read the first time and referred to the Committee on Railroads, to-wit :
By Mr. BarrowA bill to amend the charter of the Elberton Air-Line
Railroad.
By a two-thirds vote-yeas 89, nays none-the following bill was introduced, and, without being read, referred to the Committee on Local and Special Bills. to-wit : By Mr. Hester-
A bill to provide for the comp~nsation of the Commissioners of Roads and Revenues for the county -of Dougherty, and the manner of paying the same.
By a two-thirds vote-yeas 93, nays none-the following bill was introduced, and by a two-thirds voteyeas 96, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. BrinsonA bill to prevent the destruction of game in the
county of Emanuel.

FRIDAY, JULY 22, 1881.

221

By a two-thirds vote-yeas 93, nays none-the following bill was introduced, and by a iwo-thirds vote -yeas 90, nays none-referred to the Special Committee on the Judiciary, to-wit:
By Mr. BrinsonA bill to prevent seining in the waters of Little
Canoochee, Big Canoochee, Little Ohoopie and Big Ohoopie rivers, in the county of Emanuel.
By a two-thirds vote-yeas 93, nays none-the following bill was introduced, and by a two thirds vuteyeas 96, nays none-read the first time and referred tothe Special. Committee on the Judiciary, to-wit:
By Mr. BrinsonA bill to create or provide for the appointment of
Roads and Revenue Commissioners in the county of Emanuel.
By a two-thirds vote-yeas 90, nays none-the following bill was introduced, and by a two-thirds voteyeas 96, nays none, read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. Hillyer-
A bill to make the Jury Commissioners of Fulton county, appointed by the Judge of the Superior Court, the Jury Commissioners of the City Court of Atlanta, and to prescribe their duties.
By a two-thirds vote-yeas 100, nays none-the following bill was introduced, read the first time by a two-thirds vote-yeas 93, nays none-and referred tothe Committee on Finance, to-wit:
By Mr. PattersonA bill to refund to the Amedcan B. H. 0. & Sew-
ing Machine Company, two hundred dollars tax illegally paid, for the year 1879.
'rhe following bills were introduced, read the first time, and referred to the Committee on Finance, towit:

222

JOURNAL OF THE HoUSE,

By Mr. PattersonA bill to appropriate money to refund double taxes
illegally coll~cted by the State of Georgia from the Atlantic Fire Insurance Company of New York.
Also, a bill to appropriate money to refund double taxes illegally collected by the State of Georgia from tbe Continental Insurance Company of New York.
Also, a bill to appropriate money to refund triple taxes illegally eollected by the State of Georgia from -the American Fire Insurance Company of Philadelphia.
Also, a bill to appropriate money to refund triple taxes illegally cohected by the State of Georgia from the Fire Association of Philadelphia.
Also, a bill to appropriate money to refund triple taxes illegally collected by the State of Georgia from the Franklin Fire Insurance Company of Philadelphia.
By a two-thirds vote--yeas 103, nays none~the following bill was introduced, and by a two- thirds vote_yeas 89, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. SingletonA bill to prevent reckless and unnecessary destruc-
tion of fish, to encourage the raising and increase the .supply thereof in Scriven county.
'fhe following bill was read the first time and referred to the Committee on Counties and County Lines, to-wit:
By Mr. SingletonA bill to declare the mode and manner of changing
.county lines which may pass through the incorporate limits of any city, town or village of this State, which has been heretofore or may be hereafter incorporated.
By a two-thirds vote-yeas 103, nays none-the following bill was introduced, and by a two-thirds vote-

FRIDAY,,JULY 22, 1881.

223

_yeas 89, nays .none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. SingletonA bill to incorporate the town of Millen.
By a two-thirds vote-yeas 93, nays none -the following bill was introduced, and by a two-thirds vote -yeas 90, nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. Martin, of TalbotA bill to amend an act incorporating the Talbotton
Branch Railroad Company, approved August23, 1872, by striking out the word "branch" from the name of said railroad company.
The following bill was introduced, read the first time and referred to the Committee on Education, to-wit: By Mr. Moore, of Taliaferro-
A bill to prevent the disturbance of persons lawfully assembled at school exam.inations and exhibitions, and to provide a penalty therefor.
By a two-thirds vote-yeas 93, nays none-the following bill was introduced, and by a two-thirds voteyeas 92, nays none-read the first time and referred to t4e Special Committee on the Judiciary, to-wit:
By Mr. Carithers-
A bill to create a County Court for '\Valton county.
By a two-thirds vote-yeas 100, nays none-the following bill was introduced, and by a two-thirds vote_yeas 92. nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. Bacon, of ChathamA bill to provide for the registration of voters to
vote at municipal elections in the city of Savannah; to nx, regulate and determine the time, place and manner in which such elections shall be held; to prescribe

224

JouRNAL oF THE HousE,

the qualifications of voters at all such elections, and to provide suitable penalties for all violations thereof.
By permission of the House, Mr. Orr withdrew House bill K o. 548.
Mr. Foster offered the following resolution, which was read the first time and referred to the Committee on Finance, to-wit:
A resolution to authorize the Governor to purchase a number of copies of an analytical Index to Georgia Reports, prepared by N. E. Harris.
Mr. :::;ummerlin offered the following resolution, which was rPad and referred to the Committee on Finance, to-wit:
A resolution that the Governor purchase three hundred copies of the acts of 1880 for the benefit of members, Ordinaries, etc.
On motion of Mr. Miller, thP- following Senate resolution was taken up, to-wit:
A resolution prohibiting the introduction of new matter after August 1, and granting further time to committee.
Mr. Miller moved to concur in the resolution. Mr. Hunt moved to lay the resolution on the table. On the motion to table, Mr. Milner called for the yeas and nays. The call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Arrington, Awtry, Beatty, Brinson, Cameron, Carithers, Coffin, Cook, Crozier, Crumbley, Davis of Lumpkin, Denton, DuBignon, DuPree of Macon, Dyer, Fordham, Fuller, Gaskins, Goodrich, Heard, Heath, Henry, Hightower of Early, Hightower of Stewart, Hunt, Jackson of Carroll, James, Jemison, Johnson of Lee, Jones of Baker, Lamar, Lester, Martin of Houston, Me-

FRIDAY, JULY 22, 1881.

225

Allister, McClure, Mcintosh, McKinney, McLeod, Middlebrook, Mitchell, Moore of Hancock, Moore ot Pierce, N orthen, Patterson, Perkins, Post, Price, Rainey, Rawlins, Rice, Ritchie, Robins, Singleton, Smith of Union, Spence, Spearman, Stanford, Stapleton, Sweat, Turner of Monroe, Turnipseed, \Valker of Berrien, \Valker of Jasper, Wingfield, Winslow, Zachry -68.
Those voting in the negative are Messrs.-
Bacon of Chatham, Barnes, Barrow, Basinger, Bennett, Bird, Branson, BroylPs, Carter, Crawford, Daniel, Day, Dial, DuPree of Pike,Estes,Feagin,Garrard,Gray, Hale, Hammond, Hester, Hill, Hillyer, Hutchins, Jackson of Richmond, Jan3s, Johnson of Johnson, Kimsey, Lamb, Lonnon, Lewis, Martin of 'l'albot, Mays of Butts, McLucas, Miller, Milner, Morrow, Nichols, Orr, Palmour, Peek, Polhill, Quillian, Rankin, Render, Roney, Sapp. Scruggs, Silman, Smith of Oglethorpe, Strother, Sumner, Turner of Floyd, Twiggs, Walker of Crawford, Wheeler, Williams, Willingbam, Wilkinson, Wilson of Bulloch, Wright, Youngblood, Zellars-63.
Those not voting are Messrs.Anderson of Newton, Bates, Branch, Brewer. Bull, Burch, Christie, Clark, Davis of Habersham, Dykes, Edwards, Farnell, Flynt, FoiSter, Glover, Hagen, Hall, Harp, Harrell, Jones of DeKalb, Julian, Keil, Kennedy,Little,Maddox,M~thews,Mays of Richmond, McBride, McCants, McClellan, Moore of Taliaferro, Park, Reese, Sellars, Shockley, Story, Summerlin, Tharpe, Thompson, Whittle, Wilson of Camden, Wilson of. Greene, Withrow, Mr. Speaker-44.
; So the motion to lay on the table prevailed.
On motion of Mr. DuBignon, the rules were suspended, and the following bill re-committed to the General.Committee on the Judiciary, to-wit:
A bill to amend section 1319 of the Code. 15

226

J Oll RN.AL OJ<' THE HousE,

Mr. Dupree, of Pike, withdrew House bill No. 110.
The following bill, rPported back from the Committee on Local and Special Bills, was read the first time and referred to the Special Committee on the Judiciary, to- wit:
By Mr. Davis, of HabershamA bill to provide for the creation of a Board of Commissioners of Roads and Revenues for the county of Habersham, and to define their powers and duties.
Leave of absence was granted to Mr. Tharpe on account of sickness ; to Messrs. Brinson, Shockley and Glover, on account of sickness in their families ; to Messrs. Harrell, Jones, of Baker, Stapleton, Price, Sumner, Willingham, Johnson of Johnson, Crozier, 'Spence and Davis of Habersham, on business.
The House then adjourned till 9 o'clock a. m. tomorrow.

ATLANTA, GEORGIA,
Saturday, July 23, 1881.
The House met pursuant to adjo11rnment, was called to order by the Speaker, and opened with prayer by the Uhaplain.
The roll was called and a quorum found to be pres-
f'nt.
l\fr. Heath, from the Committee on Journals, re-
ported the Journal of yesterday, examined and approved.
The J onrnal was then read and approved.
Mr. James offered the following resolution which was reRd and agreed to, to-wit:
A resolution that when the House adjourns to-day, it adjourn at 12 o'clock noon nntil 10 o'clock a. m. -on Monday next.

SATURDAY, JULY 2~. 1881.

227

Leave of absence was granted to Mr. Whittle on account of business, and to Mr. Estes on account of sickness in his family.
Mr. Post moved to take from the table the Senate .resolution with reference to the introduction of new matter and looking to fixing a day for adjournment.
The motion did not prevail.
On motion of Mr. DuBignon, the following bill was 'laid on the table, to-wit:
A bill to appropriate $5,000 for the repair of the public buildings at MilledgevillE'.
Mr. Sweat, chairman of thE' Committee on Enrollment, submitted the following report :
Mr. Speaker.~
The Committee on Enrollment report as duly enrolled and ready fur the signature of the Speaker of the House of Representatives the following act, to-wit:
An act to authorize the Mayor and Council of the town of Butler, in Taylor county, to levy and collect taxes for the purpose of establishing schools in said town.
Respectfully submitted, J. L. SwEAT, Chairman.
Mr. DuBignon, chairman of the Committee on PubHe Prop<>rty, submitted the following report, to-wit:
Mr. Speaker:
The Committee on Public Property has had under Consideration the following bill, to-wit:
A bill to be entitled an act to provide for the erection of a State capitol building, and to appropriate money for the same, and for other purposes, which ihey instruct me to report back to the House with the il'ecommendation that it be referred to the Committee .on Finance.
Respectfully Sllbmitted. J. G. DuBIGNON, Chairman.

228

J OUBNAL OF THE HOUSE,

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

Mr. Speaker:
The committee on Local and Special Bills have had before them the following bills, which they find incapable of being consolidated with any other bill or bills, and report the same back to the House for a first reading and reference, to-wit:
To the Committee on TemperanceA bill to be entitled an act to prohibit the selling and furnishing of spirituous, vinous or malt liquors at any point within the (483) four hundred and eighty-third district, G. M., in Bibb county, and for other purposes then~in mentioned.
To the Committee on Special JudiciaryA bill to be entitled an act to allow the Coroner of Chatham county certain fees to be paid out of the county Treasury for holding inquests, and for other purposes.
Also, a bill to be entitled an act to provide tor the compensation of the Commissioners of Roads and Revenues for t.he county of Dougherty, and the manner of paying the same.
Respectfully submitted, ARTHUR H. GRAY, Chairman.

Mr. Stanford, chairman of the Committee on Tem-perance, submitted the following report :

Mr. Speaker :
'fhe Committee on Temperance have had under consideration the following bills, which they recommend do pass, as amended, to-wit:
A bill to prescribe the method of granting license t() sell spirituous liquors in the county of Effingham, and to increase the fee for same to five thousand dollars.
Also, a bill to fix the amount of license for selling

SATURDAY, JULY 23, 1881.

229

spirituous liquors in the county of Webster, and prescribe a punishment for a violation of this act.
The committee have had undt>r consideration the following bill, which they recommend do pass, to-wit:
A bill to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquours within Dooly county, and to provide a punishment for the same.
Proper proofs of the notices required by law were presented as to each of the foregoing bills and found -correct.
Respectfully submitted, L. L. STANFORD, Chairman.

My permission of the House, Mr. Lonnon withdrew House bill No. 716.
The House went into the Committee of the Whole House.
Mr. Hunt, 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 refund to the purchasers, or those holding under them, money received by the State of Georgia for lot of land No. 124, in the 5th district of the third section of originally Cherokee county, now Bartow, sold at judicial sale, which they have instructed me to report back to the House with the recommendation that it do pass, as amended.
The report of the Committee of the Whole House was agreed to, the proofs of the publication of the notices required by law were exhibited, and 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, to-wit:

230

J OURN.AL Olt' THE Ht~USE,

'fhose voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Beatty, Bird, Branson, Brewer, Broyles, Bull, Burch, Cameron, Carithers, Christie, Coffin, Cook, Crawford, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial" DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Feagan, Flynt, Fordham, Foster, Fuller, Garrard, Gaskins, Goodrich, Gray, Hagen, Hale, Hall,. Hammond, Harrt-ll, Heard, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Johnson of Lee, J nlian, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Martin of Talbot, Mathews, Mays of Butts, McAllister, McCants, McClure, Mcintosh, McKinney, McLeod, McLucas, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Nichols, Northen, Orr, Palmour, Patterson, Peek, Polhill,Post, Quillian, Rainey, Rawlins, Reese, Render, Rice,. Ritchie, Robins, Roney, Sapp, Scruggs, Shockley, Singleton, Silman, Smith of Union, Spearman, Stan. ford, Story, Strother, Summerlin, Sweat, Turner of Floyd, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, '\Valker of Jaspt>r, Wheeler, \Villiams, Wilkinson, Wilson of Bulloch, "Wilson of Camden, Youngblood, Zellars-132.

Those not voting are Messrs.-
Bates, Bennett, Branch, Brinson, Carter, Clark, Crozier, Edwards, Estes, Farnell, Glover, Harp, Hillyer, Jones of Baker, Jones of DeKalb, Keil, Ken nedy, Mays of Richmond, McBride, McClellan, Moore of Taliaferro, Morrow, Parks, Perkins, Price, Rankinr Sellars, Smith of Oglethorpe, Spence, Stapleton, Sumner, Tharpe, Thompson, Turner of Monroe, Whittle, Wil-

SATURDAY, JULY 23, 1881.

231

lingham, Wilson of Greene, Wingfield, Winslow, Withrow, \Vright, Zachry, Mr. Speaker-43

So the bill was passed by the requisite constitutional majority.
The following bill was read the third tim\, the report of the committee was agreed to, and the bill passed, by substitute, by the requisite constitutional majority -yeas 102, nays none-to-wit :
.A. bill to amend section 3648 of th~> Code of Georgia, which provides for the summary sale of perishable property levied on, requiring notice to be given in every case where application is made for an order to sell personal property in a summary manner.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law wen~ exhibited, and the bill passed, as amended, hy the requisite constitutional majority-yeas 96, nays none-to wit:
.A. bill to authorize the Board of Commissioners of Roads and Revenues of Baker county to levy and collect a tax of 50 per cent. on the State tax for 1881 and 1882.
On motion of Mr. Barrow, the following bill was recommitted to the Committee on Finance, to-wit:
.A. bill to provide for the erection of a State capitol, and to appropriate money for the same.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was agreed to, and the bill pas::~ed, by substitute, by the requisite constitutional majority-yeas 99, nays none-to-wit:
.A. bill to repeal an act to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Baker, approved February 20, 1877, amended by reducing the number of commissioners from five to three, and for other purpvses.

232

JouRNAL OF THE HousE,

The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 100, nays none-to-wit:
A bill to protect the citizens of the county of Dade from the injurious effects of cattle speculators and other persons driving stock into or through said county of Dade and spreading distemper or diseast>, to the destruction of the cattle of the people living there_

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

Mr. Speaker :
'rhe Committt>e on Finance have bad under consideration the following House bill, which they recommend do pass, as amended, to-wit:
An act to [appropriate the sum of three thousand dollars to the truste~s of the deaf and dumb asylum for the purpose of fitting up a number of rooms in the building for colored mutes, at Cave Spring, and to make other improvements and repairs, as set forth in the official report of said trustees to the Governor for the year 1880, and also the further sum of five thousand dollars per annum for support of said colored mutes.
The committee have also bad under consideration the followmg Senate bill, which they instruct me, as their chairman, to report, with the recommendation that it do pass, as amended, to-wit:
A bill to be entitled an act to regulate and restrict the rate of interest in this State, and for other purposes.
The committee have also considered the following local bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to amend an act entitled

SATURDAY, JULY 23, 1881.

233

an act to create a Board of Commissioners for the county of Greene. approved February 19, 1876.
Proper notice of intention to introduce said bill has been published as re"quired by law.
Respectfully f:'lubmitted, N. L. HuTCHINS, Chairman.

The following hill was, on motion of Mr. Shockley, indefinitely postponed, to-wit:
A bill to regulate the hiring ofminors.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite ~onstitutional majority of yeas 96, naye none, to-wit:
A bill to amend the eharter of the city of Griffin, so as to authorize the Mayor and Council to establish a system of public schools and to provide revenue for the support of the same, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 97, nays none, to-wit:
A bill to fix the compensation of the Solicitor of the County Court of Richmond county.
By permission of the House, Mr. Basinger withdrew House bill No. 223.
The following bill was read the third time, to-wit :
A bill to exempt all practicing dentists from jury duty in this State.
Mr. Render moved to indefinitely postpone the bill.
Mr. Render withdrew the motion to indefinitely postpone the bill, and called for the previous question. The call was sustained and the main question ordered.

234

JOURNAL OF THE HOUSE,

The report of the committee was agreed to. On the question of the passage of the bill, Mr. Coffin called for the yeas and nays. The call was sustained and on calling the roll, the vote was ag follows, to- wit :

Those voting in the affirmative are Messrs.-
Anderson of Cobb, Anderson of Newton, .Arrington, Bacon of Chatham, Barrow, Basinger, Broyles, Bull, Burch, Carter, Christie, Coffin, Cook, Crawford,. Crumbley, Davis of Lumpkin, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Flynt, Foster, Fuller, Garrard, Goodrich, Hale, Hall, Hammonu, Harrell, Henry, Hightower of Stewart, Hill, Hillyer, Hutchins, Jackson of Richmond, Janes, Jemison, Johnson of Lee, Kimsey, Lamar, Lamb, Lester, Lewis, Maddox, Martin of Houston, Martin of Talbot, Mays of Butts, McAllister, McClure, Mcintosh, McKinney, McLeod, Miller, Mitchell, Milner, Moore of Pierce, Nichols, Northern, Palmour, Patterson, Perkins, Post, Rice, Robins, Roney, Sapp, Scruggs, Shockley, Singleton, Silman, Spearman, Story, Summerlin, Sweat, Turner of Floyd, Turnipseed, Twiggs, Walker of Berrien, Walker of Jasper, Wheeler, Williams, Wilkinson, Wilson of Camden, Winslow, \Vright, Youngblood, Zellars. -90

Those voting in the negative are Messrs.-
Adderton, Awtry, Barnes, Beatty, Bennett, Bird, Branson, Cameron, Carithers, Daniel, Davis of Habersham, Day, Denton, Dial, Feagin, Fordham, Gaskins, Hightuwer of Early, Hunt, Jackson of Carroll, James, Johnson of Johnson, Julian, Lonnon, Little, Mathews, McCants, McLucas, Moore of Hancock, Orr, Quillian, Rawlins, Render, Ritchie, Stanford, Stapleton, "\Valker of Crawford, Wilson of Bulloch.-38.

Those not voting are Messrs.Bates, Branch, Brewer, Brinson, Clark, Crozier,.

SATURDAY, JULY 23, 1881.

235'

Edwards, Estes, Farnell, Glover, Gray, Hagen, Harp, Heard, Heath, Hester, Jones of Baker, Jones of DeKalb, Keil, Kennedy, Mays of Richmond, McBride, McClellan, Middlebrook, Moore of Taliaferro, Morrow, Park, Peek, Polhill, Price, Rainey, Rankin, Reese, Sellars, Smith of Oglethorpe, Smith of Union, Spence, Strother, Sumner, Tharpe, Thompson, Turner of Monroe, Whittle, Willingham, Wilson of Greene, Wingfield, Withrow, Zachry, Mr. Speaker.-57.

So, the requisite constitutional majority having voted. in the affirmative, the bill was passed.
The following bill was re-committed to the Committee on Education, to-wit:
A bill to appropriate all money arising from the feesfor the inspection of fertilizers, in excess of the amount necessary to defray expenses, to the c.:>mmon school fund of this State.
The following bill was read the third time, the report of the committee was agreed to, as amended, and the bill passed, as amended, by the requisite constitutional majority-yeas 120, nays none-to-wit:
A bill to regulate the manner of h~tting out contracts to build or repair public biidges over water courseswhich divide one or more counties from each other, to provide for the payment of the same.

Mr. Hammond, chairman of the Gener:tl Committee on the Judiciary, summitted the following report, towit:
Mr. Speaker:
The General Committee on the Judiciary have considered the following bills, which they recommend do not pass, to-wit:
A bill to prohibit the granting by the courts of this State of more than two new trials to the same party in any civil suit.

'236

JOURNAL OF THE HoUSE,

Also, a bill to declare " labor tickets" negotiable and collectable by the holders, notwithstanding said tickets declare on their face that they are not negotiable.
The committee have also considered the following bill, which they recommend do pass, to-wit:
A bill to transfer the county of Bulloch from the Eastern to the Middle Judicial Circuit.
The committee return the following bills, with the recommendation that the introducers be allowed to withdraw them, to-wit:
A bill to repeal an act providing compensation for Sheriffs for summoning grand and petit jurors in the county of Dougherty, approved November 22, 1859, so far as thH same relates to the county of Clarke.
Also, a bill to carry into effect paragraph 2, section 18, article 6, of the Constitution of 1877, approved. December 16, 1878, in reference to the drawing of juries.
The committee have also had under consideration the following local bill, which they recommend do pass, as amended (the proofs of the notices required by law of the intention to apply for the same were presented to the committee and found correct), to-wit:
A bill to provide compensation for the SolicitorGeneral of the Western Circuit for services in criminal Cases in the county of Clarke.
Respectfully submitted,
vV. M. HAMMOND, Chairman.

On Motion of Mr. Barrow, the morning session was extended five minutes.
Leave of absence was granted to Mr. James until W edneday next, and to Mr. Hester, for a day or two, {)n business.

MoNDAY, JuLY 25, 1881.

237

By permission of the House, House bill No. 408, by Mr. Zachry, was withdrawn.
Mr. Shockley withdrew House bill N ? 796.
The House then adjourned till 10 o'clock Monday Morning.

ATLAJSTA, GEORGIA,
Monday, July 25, 1881.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found to be present.
Mr. Harrell, chairman of the Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal was then read and approved. The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker :
The Senate has passed the following Senate bills, in which they ask the concurrence of the House of Representatives, to-wit:
A. bill to make penal the intentional pointing or aiming of fire arms at another, whether loaded or unloaded, which was passed by a constitutional majority -yeas 31, nays none.
A.lso, a bill to provide for the collection of insolvent tax executions, which was passed by a constitutional majority-yeas 33, Rays none.
On motion of Mr. Davis, of Lumpkin, the rult:>S were suspend-ed and the following bill taken up and read the second time, to-wit:

238

JoURNAL OF THE Hou,.:E,

A bill to change the times of holding the Superior

Courts in the counties of Dawson and Pickens, in the Blue Ridge circuit, so as to allow the county of Lumpkin, in said circuit, two weeks at each the spring and fall terms of said court.
By permission of the House, Mr. Youngblood withdrew House bill No. :307.

By a two- thirds vote-yeas 90. nays none-the following bill was introduced, and by a two-thirds vote-

yPas 89, nays none-read the first time and referred to the Committee on Temperance, to-wit :

By. Mr. YoungbloodA bill to fix the license for retailing of spirituous

liquors in the county of "\Vashington at twenty thousand dollars, in addition to the present restrictions on the statute books regarding the granting of license in this county, and to require the incorporated cities and towns in the county to conform to this a<:t ; to provide penalties for its violation.

Mr. Runt 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 Frank L. Haralson, State Librarian, for extra services during the session of the General Assembly.

The following bill was read the first time and re-

ferred to the Committee on Agriculture, to wit :

ByMr. HuntA bill to protect the game of this State, and to make
the killing and trapping of the same during certain seasons, a misdem<>anor.

The following bills were introduced, read the first

time and referred to the Committee on Finance, to-wit:

By Mr. McClure-

"

A b1ll to amend an act to carry into effect the last

c)ause of paragraph 1, section 1, article 7, of the Con-

stitution.

MoNDAY, JuLY 25, 1881.

239

By Mr. LesterA bill to repeal an act to prescribe how lunatics,
idiots, epileptics and demented inebriates may be admitted into and discharged from the lunatic asylum; to make said asylum free to all the resiJent citizens of this State thus afflicted, and for other purposes, approved February 27, 1877.
By a two-thirds vote-yeas 95, nays none-the following bill was introduced, and by a two-thirds vote -yeas 92, nays none-read the first time and referred to the Committee on Agriculture, fo-wit:
By Mr. RitchieA bill to prohibit driving cattle into the county of
Rabun at certain seasons of the year, and to regulate the driving of beef cattle.
By a two-thirds vote-yeas 91, nays none- the following bill was introduced, and by a two-thirds voteyeas 98, nays none-read the first time and referred to the Committee on Temperance, to-wit:
By Mr. BarnesA bill to prohibit the sale of intoxicating, malt or
vinous liquors within the corporate limits of the town of Luthersville, in Meriwether county.
The following bill was introduced, read the first time and referred to the Committee on Temperance, to-wit:
By Mr. WilkinsonA Bill to punish public officers for drunkenness by
removal from office.
The following bills were introduced, read the first time and referred to the General Committee on the .J ndiciary, to-wit:
By Mr. SweatA bill to make the first term of court in divorce ca-
ses trial term, so as to allow the first verdict to be .obtained at such term in said cases.

240

JouRNAL oF THE HousE,

By Mr. MaddoxA bill to Pxempt toll cotton received by the ginners
of this State from any judgment, mortgage, lien or decree against the person owning the same at the time said cotton was ginned, or any other person prior thereto.
By Mr. GrayA bill to amend an act approved October 16, 1879,
to prescribe the manner of foreclosing certain chattel mortgages, and to confer jurisdiction on Justices of the Peace and Notaries Public, who are ex-oific"io Justices of the Peace, therein, and to provide for notice to mortgageors of proceedings.
By Mr. BransonA bill to amend section 1985 of the Code of Georgia,
relating to saw-mill liens.
The following bill was introduced, read the first time and referred to the Committee on Agriculture, towit: By Mr. Maddox-
A bill to define the lines in reference to adjoining fields and farms, or lawful divisions that may exist; to define the duties and fix the liabilities of the owner OI- tenant of such fields or farms; to make penal certain violati~ns of said duties, and to alter or repeal any existing laws in conflict with this act.
By a two-thirds vote-yeas 96, nays none-the following bill was introduced, and by a two-thirds voteyeas 92, nays none-read the first time and referred to the Committee on Railroads, to-wit:
By Mr. MilnerA bill to incorporate the Etowah and Blue Ridge
Railroad Company, and for other purposes.
On motion of Mr. Walker, of Berrien, the following bill, reported back by the Committee on Local and Special Bills, was taken up, read the first time and referred to the Committee. on Corporations, to-wit:

:MoNDAY, JULY 25, 1881.

241

By Mr. WhittleA bill to incorporate the Mill Town Branch Railroad
Company, and fJr other purposes.
The following bill was introduced, read the first time and referred to the Committee on Agriculture, towit:
By Mr. FosterA bill to encourage the propagation of fish in the
waters of the State of Georgia, and for the protection of the samt:>.
By a two-thirds vote-yeas 92, nays none-the following bill was introduced, and by a two-thirds voteyeas 90, nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. EstesA bill to incorporate the Kingston, \Valeska and
Gainesville Railroad Company.
The following bills, reported back by the Committee on Local and ~pecial Bills, were read the first time :and referred as follows, to-wit:
By Mr. ,JanesA bill to change the corporate limits of the town of
Cedartown, in the county of Polk, so as not to include within the limits of said incorporation the lands and buildings of the Cherokee Iron Company.
Referred to the General Committee on the Judiciary.
13y Mr. PattersonA bill to authorize the compromise and adjustment
of the claims due to Howard VanEpps for insolvent -costs as Solicitor-General of the City Court of Atlanta, and to provide for the payment thereof.
Referred to the Committee on Finance.
Also, a bill to amend an act establishing a new charter for the city of Atlanta.
Also, a bill to amend section sixty of an act establishing a new charter for the city of Atlanta.
16

242

JouRNAL oF THE HousE,

Also, a bill to amend an act establishing a newcharter for thP. city of Atlanta.
Also; a bill to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874.
Also, a bill to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874.
Also, a bill to amend section 35 of an act establishing a new charter for the mty of Atlanta, approved February 28, 1874.
Also, a bill to amend an act amendatory of the charter of the city of Atlanta, approved February 27, 1875.
Also: a bill to amend the charter of the city of Atlanta.
The last eight bills, by Mr. Patterson, were referred to the Committee on Corporations, with recommendation by the Committee on Local and Special Bills that they be consolidated into one bill to be known as Bill No. 4l9.
By Mr. RawlinsA bill to provide for the registration of voters before
voting at any election, in the town of Eastman. Referred to the Special Committee on the Judiciary.
Also, a bill to prescribe who are entitled to vote for Mayor and Aldermen of tha town of Eastman.
Referred to the Special Committee on the Judiciary.
Also, a bill to prescribe the time of holding an election for Mayor and Aldermen of the town-of Eastman.
Referred to the Special Committee on the Judiciary.
Also, a bill for the relief of J. B. Thomas. Referred to the Special Committee on the Judiciary.
By .Mr. Polhill.A bill to prohibit the sale of spirituous liquors in the county of Jefferson. Referred to the Special Committee on the Judiciary.

MoNDAY, JuLY 25, 1881.

243

By Mr. FosterA bill to prohibit the sale of intoxicatin11: spirits
within five miles in every dirPction from Rehoboth church, and academy, in Morgan county.
Referred to the Special Committee on the Judiciary. By Mr. McKinney-
A bill to permit DanielS. McCoy, ofUpson county,
to peddle without license. Referred to the Special Committee on the Judiciary.
By. Mr. KimseyA bill to prohibit t4e sale of spirituous, malt or in-
toxicating liquors, in any quantity whatever, in the 427th district, G. M., in the county of White, and to provide a penalty.
Referred to the Special Committee on the Judiciary. By Mr. Carter-
A bill to repeal an act to establish a Board of Commissioners of Road and Revenue for the county ot Murray.
Referred to the Special Committee on the Judiciary.

By Mr. BasingerA bill to amend the charter of the Savannah, Florida
and vVestern Railway Company, and for other purposes.
Referred to the Special Committee on the Judiciary.

By Mr. PattersonA bill to change the name of the Reform Medical
College of Georgia to that of the College of American Medicine and Surgery.
Referred to the Special Committee on the Judiciary.

By Mr. MitchellA bill to incorporate the Logansville Railroad Com-
pany, from Lawrenceville, Gwinnett county, to Logansville, in Walton county.
Referred to the Special Committee on the Judiciary.

By Mr. Martin, of Talbot-



A bill to, prohibit the manufacture or sale of spirit-

244

JouRNAL OF THE HousE,

uous or malt liquors within the limits of the county of Talbot, and to prescribe a penalty.
Referred to the Committee on Temperance.
By Mr. CookA bill to prohibit the sale of intoxicating liquors of
any and every kind within two miles of the Baptist and Methodist churches in the village of Long Cane, Troup county, and to provide a penalty therefor.
Referred to the Committee on Temperance.
By Mr. CrawfordA bill to authorize and empower the Mayor and
Council of the city of Columbus to purchase and hold title to lands outside the city limits for cemetery purposes, and to exercise authority and jurisdiction over the same.
Referred to the Special Committee on the Judiciary.
By Mr. FlyntA bill to prohibit the sale of malt or spirituous
liquors within one mile and one-half of Unionville(A. M. E.) church, in Monroe county.
Referred to the Committee on Temperance.
By Mr. Turner, of MonroeA bill to amend an act to fix the comp~n8ation al-
lowed for feeding prisoners confined in Monroe county jail. approved February 27, 1876, so as to allow the Board uf Commissioners of Roads and Revenues, in their discretion, to fix the amount of said compensation.
Referred to the Special Committee on the Judiciary.
By ~fr. Johnson, of LeeA bill to change so much of the act creating the
Bo::~rd of Commissioners of Lee county, approved' February 28, 1876, as relates to the granting of retail license, and to confer the authority to grant such lic~nse upon the Ordinary of said county.
Referred to the Committee on Temperance.

MoNDAY, JuLY 25, 1881.

245

By Mr. Smith, of OglethorpeA bill to incorporate the Elbert~n and Point Peter
Railroad Company. Referred to the Committee on Corporations. .Also, a bill to incorporate the Elberton and Peters-
burg Railroad Company. Referred to the Committee on Corporations.
By Mr. HutchinsA bill to prohibit the sale of spirituous, vinous or
malt liquors at any point or place within two miles of Mount Carmel church, in the county of Gwinnett, to attach a penalty to a violation of the provisions thereof, and for other purposes.
Referred to the Committee on Temperance. By Mr. Nichols-
A bill to allow the Coroner of Chatham county certain fees, to be paid out of the County Treasury, for holding inqnests, for burying thP- dead and furnishing coffins and all necessary materials.
Referred to the Special Committee on the Judiciary. By Mr. Bacon, of Bibb-
A bill to prohibit the selling and furnishing of any spirituous, vinous or malt liquors at any point within the 483d district, G. M., commonly known as Howard's district, in Bibb county, within three miles of any house of public religious worship, or of any school house, within the limits of said district, and to provide a penalty.
Referred to the Committe~:' on Temperance. By Mr. Hester-
A bill to provide for the compensation of the Commissioners of Roads and Revenues of Dougherty county, and the manner of paying the same.
Referred to the Special Committee' on the Judiciary. On motion of Mr. r.l orthen the use of the hall of the Rouse of Representatives was granted for this evening to Rev. A. G. Haygood to lecture on temperance.

246

JouRNAL oF THE HousE,

On motion of Mr. Estes, the rules were suspended and the following bill read the second time, to-wit :
A bill to amend an act to incorporat~ the Gainesville, Jefferson and Southern Railroad Company, and for other purposes, approved August 23, 1872, so as to authorize said railroad company to increase the number of its directors, to issue or to ratify the issue of bonds and to secure the same by a mortgage of its franchises and property, and to fix the legal residence of said company.
The following bill was read the third time, the report of the committee was agreed to, and the bill passed, as amended, by yeas 94, nays none-the proofs of ths publication ofthe notices being duly exhibited as required:
A bill to provide for the compensation of the Ordinary, Clerk of the Superior Court and Sheriff of Lincoln county.
The following .bill was introduced, read the third time, the report of the committee was agreed to, and the bill passPd as amended, by the requisite constitutional majority-yeas 95, nays 9, to-wit:
A bill to regulate the payment of per diem pay and mileage, in cases of contestants and contestees.
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 amend an act, approved February 27, 1876, to enable purchasers of railroads to form corporations, etc.
The following bill was read the third time, the report of the committee agreed to, and the bill passed as amended, by the reqmsite constitutional majorityyeas 102, nays none, to-wit:
A bill in relation to corporations, heretofore organ-

TUESDAY, JULY 26, 1881.

247

"ized under an act to enable purchasers of railroads to form corporations, approved February 27, 1876.
Leave of absencfl was granted to Mr. Morrow on account of sickness.
The Honse then adjourned till 9 o'clock a. m. to.morrow.

ATLANTA, GEORGIA,
Tuesday, July 26, 1881.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found to be pres'ent.
Mr. Heath, from the Committee on Journals, reported the Journal of yesterday examined and approved.
Mr. Jemison gave notice of a motion to reconsider. The Journal was then read and approved.
Mr. Jemison moved to reconsider so much of the ,Journal as relates to the action of the House upon a bill to amend an act approved February 27, 1876, to enable purchasers of railroads to form corporations, -etc.
Which motion did not prevail.

Mr. Estes, chairman of the Committee on Corpora.tions, submitted the following report :

Mr. Speaker:

The Committee on Corporations have had under eonsideration the following bills, which they recommend do pass, to-wit:

A bill to alter and amend an act approved February

19, 1866, entitled an act to re-incorporate the town of

Elberton, and for other purposes.



248

JoURNAL oF THE HousE,

Also, a bill amending an act incorporating the towUJ of Tennille.
Also, a bill incorporating the town of Pelham, in the county of Mitchell, and for other purposes.
Also, a bill incorporating the Planters' Banking, Warehouse and Commission Company, at Camilla, Mitchell county.
Also, a bill to be entitled an act to amend the several acts incorporating the town of Dahlonega.
The committee have also had ur.der considerationthe following bill, which they recommend do pass, as. amended, to-wit:
A bill to alter and amend the corporate limits of the town of Bowden, in Carroll county, and for other pur poses.
The committee havt=~ also had under consideration the following bill, wbiuh they recommend do pass, by substitute, to-wit:
A bill to repeal section 3 of an act entitled an act to, amend an act to incorporate the town of Clarkesville, in the county of Habersham, and for other purposes.
The notices required by law of the intention to apply for the passage of the bills above reported were duly given and prodneed before the committee.
Respectfully Fubmitted, J. B. EsTES, Chairman.

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

Mr. Speaker:
The Senate has passed the following Senate bills, in which they ask the concurrence of the House or Representatives, to-wit :
A bill to prescribe and fix the legal weight of rough rice in this State, which was passed by a constitutional majority of yeas 23, nays none.

TUESDAY, JULY 26, 1881.

249'

Also, a bill to repeal an act to establish a line between Georgia and North Carolina, and to provide for a survey of the same, which was passed by a constitutional majority of yeas 36, nays none.
The Senate has refused to pass the following bill of the House, to-wit:
A bill to amend section 2385 of the Code of 1873, in relation to the processioning of land and marking the lines and courses thereof.
The following bill was re-committed to the General Committee on the Judiciary, to-wit:
A bill to change the times of holding the Superior Courts in the counties of Dawson and Pickens, in the Blue Ridge Circuit, so as to allow the county ot Lumpkin, in said circuit, two weeks at each, the Spring and Fall Terms, of said court.
The following 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 119, nays none, to-wit:
A bill to ~mt>nd an act to incorporate the Gainesville, Jefferson and Southern Railroad Company, and for other purposes, approved August 23, 1872, so as to authorize said railroad company to increase the number ofdirectors, to issue or to ratify the issue of bonds and to secure the same by a mortgage of its franchise and property, aud to fix the legal residence of said corporation.
The following bills W3re read the second time, towit:
A bill to provide for the uniform assessment of railroad property in this State, and for the collection and return of taxes thereon.
Also, a bill to secure uniformity in grading teachers in public schools.
Also, a bill to provide for compensation of the So-

'250

JouRNAL OF THE HousE,

licitor-General of the Western Circuit for services in criminal cases, in the county of Clarke.
Also, a bill to prescribe the method of gra11ting license to sell spirituous or intoxicating liquors in the county of Effingham, and to increase the fee for the same to five thousand dollars.
Also, a bill to amend an act to incorporate the town ofWest End.
Also, a bill to incorporate the Rome Southern Railroad Company to build and operate its road from Rome, Georgia, Southward to the Florida line in the direction of St. Marks, Florida., with branches to Atlanta, Macon, Columbus and Brunswick, and to authorize said railroad to consolidate with any other .road chartered by this State, by Tennessee or Florida, so as to make a continuous line from Chattanooga, Tenn., to St. Marks, Fla., to grant certain powers and privileges, etc.
Also, a bill to repeal an act to organize a County Court for the county of Randolph, approved February 21, 1876.
Also, a bill to prescribe the methcd of granting license to sell spirituous or intoxicating liquors in the -county of Scriven, and to increase the fee for said license to $10,000, and for other purposes.
Also, a bill to incorporate the Planters' Banking, Warehouse and Commission Company at Camilla, Mitchell county.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors, in any quantity whatever, within two miles of the court-house in the town of Cleveland, in the county of White, and to provide a penalty.
Also, a bill to revise the Superior Court calendar for all the counties composing the Brunswick Judicial Circuit, and for other purposes.
Also, a bill to prohibit the sale or furnishing spirituous, malt or other intoxicating liquors or bitters in

TUESDAY, JULY 26, 1881.

251

any quantity in the 714th district of Carroll county, and to provide a punishment.
Also, a bill to provide for the levying a tax of one tenth of one per centum upon all taxable property in this Statf', and for the collecting of the same, and for the applying of the net proceeds thereof to the support of the common schools of this State.
Also, a bill to repf'al an act to consolidate the offices of Treasurer and Clerk of the Superior Court of Webster county, approved February 19, 1876.
Also, a bill to amend an act to amend an act to create a Board of Commissioners of Roads and Revenue of the county of Webster, etc., approved February 14, 1873.
Also, a bill to amend an act to create a Board of ,Commissioners of Roads and Revenue for the county of \Vebster, etc., approved August 23, 1872.
Also, a bill to establish a system of public schools for the city of Rome, and to provide for the support :and maintenance thereof, and for other purposPs.
Also, a bill to incorporate the Savannah Storage Company.
Also, a bill to amend an act, approved February 26, 1876, so as not to compel the Mayor and Council of Athens to levy one-half of one per cent. tax to pa.y the principal and interest on the bonds therP-in specified, but only to require the M~:tyor and Council to levy -such amount oftax as will be necessary to pay the interest on said bonds and provide for the principal.
Also, a bill to exempt from jury duty all regularly licensed pilots, together with their boat keepers, actually engaged on the pilot boats in the various ports in this State.
Also, a bill to authorize the Board of Commissioners <>f Roads and Revenues of the county of Glynn to issue bonds not to exceed the sum of fifty thousand dollars, etc., and for other purposes.
Also, a bill to prohibit the sale or furnishing of

252

JouRNAL OF THE HousE,

spirituous, malt or other intoxicating liquors within: the limits of Lowndes county, and to provide a punishment for the violation thereof.
Also, a bill to reduce the official bond of the Sheriff of the county of Early from the amount now fixed by law, to the sum of five thousand dollars.
Also, a bill to prohibit the sale or furnishing spirituous, malt or other intoxicating liquors within Dooly county, and to provide a punishment.

Mr. Polhill, chairman Special Committee on the Judiciary, submitted the following report:

Mr. Speaker :
The Special Committee on the Judiciary have had under consideration the following bills, which they recommend do pass, to-wit :
A bill to reduce the official bond of the Sheriff of the county of Early.
Also, a bill to amend an act to regulate the manner of letting out contracts to build or repair public bridges, approved September 29, 1879, so far as thesame applies to Floyd county.
Also, a bill to exempt Floyd county from the provisions cf section 671 of Revised Code.
Also, a bill to revise the Superior Court calendar for all the counties of the Brunswick Judicial Circuit.
Also, a bill to prevent the hunting of deer in the night time by fire-light, etc.
Also, a bill to amt>nd the acts of February 27, 1877, and October 13, 1879, in reference to the road laws of Fulton county.
Also, a bill to prohibit the sale of intoxicating or malt liquors in the town of Stockton, Clinch county.
Also, the following bill, which they recommend do pass, as amended, to-wit:
A bill to prohibit the sale of intoxicating liquors in the 714th district, G. M., Carroll county.

TUESDAY, JULY 26, 1881.

253

Also, the following bill, which they recommend do -pass, by substitute, to-wit:
A bill to consolidate the offices of County Treasurer :and Clerk of the Superior Court of Webster county.
Also, the two foliowing bills, which they recommend be consolidated and passed, by suhstitute, numbered "182, to-wit:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Webster, approved August 23, 1872.
Also, a bill to amend an act approved February 14, 1873, to create a Board of Commissioners of 'Vebster -county.
Also, the following bills, which they recommend introducer have leave to withdraw, to-wit:
A bill to allow Henry F. Miller to peddle in the several counties of this ~tate without license.
Also, a bill to prescribe the mode of granting license to sell intoxicating liquors in the county of Telfair.
Respectfully submitted, J. H. PoLHILL, Chairman.
Mr. Stanford, chairman of the Committee on Temperance, submitted the following report :
Mr. Speaker :
'fhe Committee on Temperance have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to be entitled an act to prohibit the sale of spirituous, \'inous, malt or other intoxicating liquors within three miles of the academy located in the village of LaFayette, Walker county.
Respectfully submitted, L. L. STANFORD, Chairman.
Mr. Hammond, chairman of the General Committee -on the Judiciary, submitted the following report :
_Mr. Speaker :
The General' Committee on the Judiciary have had

254

JouRNAL oF THE HousE,

under consideration the following bills, whir-h they recommend do not pass, to-wit:
A bill to compensate physicians, chemists, machinists,:and oth.. r persons who as experts shall be required to make investigations and testify as such experts in the courts of this State.
Also, a bill to change the time of elections for members of the General Assembly, Governor, State House officers and county officers, from the first Wednesday in October and January to the first 'l'uesday in November.
Also, a bill to require itenerant physicians to a license fee of fitty dollars in every county where they may practice, except the county of their residence and those adjoining.
Also, a bill to make it a misdemeanor to sell any article of food, drink or medicine under any false or misleading name, and prescribe a penalty therefor.
Also, a bill to change article 3, section 4, paragraphs 2 and 3. Also, article 5, section 1, paragraph 3, of the Constitution, which relates to the election of members of the Gemral Assembly and Governor, and the meeting of the General Assembly.
Also, a bill to prescribe the manner of establishing and changing election precincts, and for other purposes.
Also, a bill to repeal an act entitled an act to repeal section 4323 of the Revised Code of 1873, to prescribe the punishment for persons convicted of murder, and for other purposes, approved December 16, 1878.
Also, a bill to amend section 244 of the Code, touching wntten charges to be given by the Judges to juries in certain cases.
Also, a bill to repeal an act entitled an act to amend section 1646 of the Code of Georgia, in reference to the fee of Solicitors-General, approved October 16, 1819.
The Committee have also considered the following

TUESDAY, JULY 26, 1881.

bill, which they recommend be referred to the Committee on .Agriculture, to-wit :
.A. bill to amend section 1455 of the Revised Code, setting forth how and when sections 1449 to 1454, inclusive, relating to inclosures, may become operative.

The following bill is returned for reference to the

Committee on Temperance, to-wit:

.A. bill to suppress the evils of intemperance in this

State, and to establish a local option law, and for other

purposes.

The committee have also had under consideration

the following bill, which they recommend do pass, by

substitute, to-wit:

.A. bill to prohibit any person or persons dealing in

liquor in t!:lis State from employing any minor to sell

the same, and prescribe a penalty therefor.

The com:nittee have also considered the following

bills, which they recommend do pass. to-wit:

.A. bill to amend section 1950 of the Code of 1873,.

which enumerates the obligations required to be in

writing to bind the promiser by adding thereto accept-

ances of bills of exchange.

.Also, a bill to amend an act creating a Board of Po-

. lice Commissioners for the city of .Augusta., in this

State, approved .August 26, 1879.

.A.s to this last named bill, the proper legal notices

required by law were examined and found correct.

Respectfully submitted,

vV. M. HAMMOND, Chairman.



Mr. N orthen, 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 pass, to-wit:
.A. bill to prohibit State and County School Commissioners, and other persons, from being book agents.

256

JOURNAL OF THE HoUSE,

The committee have considered the following bill, which they recommend the introducer be allowed to withdraw, to-wit:
A bill to be entitled an act to fix the compensation of County School Commissioners of the respective .counties of this State, and for other purposes.
They have also considered the following bills, which they recommend do pass, to- wit:
A bill to be entitled an act to provide for the levying -of a tax of one-tenth of one per centum upon all taxable property in this State, and for the collecting of the same, and for the applying of the nt:>t proceeds thereof to the support of the common schools of this State.
Also, a bill to be entitled an act to apply ah moneys received by the Department of Agriculture for inspecting fertilizers, in excess of what is necessary to defray the expense of said department, to the common school fund of the State.
Also, the following bill, which they recommend do not pass, to-wit:
A bill to be entitled an act to provide a uniform system of text-books for the use of the public schools of the State of Georgia.
Respectfully submitted, W. J. NoRTHEN, Chairman.

The following bill was re-committed to the Committee on Temperance, to-wit:
A bill to amend an act approved March 2, 1875, relating to the eounty of Butts, so as to make the same .apply to the 217th, 218th and 220th militia districts of the county of Clarke.
The following bills were withdrawn, to-wit: No. un,
to provide for the compensation of the Treasurer of Webster county; also, House bill No. 33, to repeal an act for the compensation of the Sheriff, so far as the ,same relates to Clarke county.

TUESDAY, JULY 26, 1881.

257

Leave of absence was granted to the Committee on the Deaf and Dumb Asylum, tor two days, to visit said asylum.

By permission of the House, House bills No. 150 and No. 353 were withdrawn.

The following bill was laid on the table, to-wit:

A. bill to prohibit School Commissioners from being book agents, etc.

The following bills, reported on adversely by the

committees to which they were referred, were read the

second time, the report of the committee agreed to and

the bills lost, to- wit.

A. bill to repeal so much of an act pro'viding for the

revhion of the jury box, approved October 17, 1879,

as relates to the county of White.



A.lso, a bill to amend section 1631, and to repeal

section 1633 of the Code.

A.lso, a bill to regulate the practice in the courts of

this State as to reqnests to charge the jury.

A.lso, a bill to lay out and construct a road across

the Blue Ridge in 'l'owns county.

A.lso, a bill to amend the County Court act, so as to

make the Clerk of the Superior Court of Coweta

county, Clerk of the County Court. of said county.

A.lso, a bill to incorporate 8uwannee and Cumming

Railroad Company.

Also, a bill to amend section 1407 of the Code of

1873.

A.lso, a bill to amend section 4504 of the Code of

Georgia.

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

Mr. Speaker:

The Senate has agreed to the following resolution, in which they ask the concurrence of the House of Rep-
17

258

JouRNAL OF THE HousE,

resentatives, and which I am directed to transmit forthwith, to-wit:
A resolution providing for the appointment of a joint committee to advise as to the accepting payment of the balance due the State of Georgia by the purchasers of the Macon and Brunswick Railroad in United States bonds, and have appointed as such committee upon the part of the Senate, Messrs. Guery, Meldrim and McDaniel.
The following bill was laid on the table, to-wit: A bill to create the office of County Solicitor for the County Court of Oconee county.
By permissi-on, Mr. Basinger withdrew House bill No. 225.
On motion of Mr. "\Vright, the following bill was made the special order for Tuesday next, immediately after the reading of the Journal, to-wit:
A bill to prohibit the granting by the courts of this State of more than two new trials to the same party in any civil cause tried in any of the courts ot this State.
The following bill was read the second time and laid on the table, to-wit:
A bill to amend sectiun 3976 of the Code.
On motion of Mr. Branson, the rules were suspended and the following bill introduced, read the first time and referred to the Committee on Railroads, to-wit:
By Mr. BransonA bill to repeal section 5 of an act to incorporate
the Georgia Southern Railroad Company, and to grant certain powers and privileges to the same, and for other purposes, approved 2d March, 1875.
By permissjon of the House, Mr. Barrow withdrew House bill No. 337.
By a suspension of the rules, Mr. Moore, of Hancock, introduced the ftllowing bill, which was read

TUESDAY, JULY 26, 1881.

259

the first time and referred to the Committee on Agri-culture, to-wit:
By Mr. Moore, of Hancock- A bill to prevent fraud in the sale of nursery stock
in the State of Georgia.

The following bill was read the second time and laid on the tabl~, to-wit:
A bill to am~'>nd section 4637 of the Code.

Under a suspension of the rules, the following bills

were introduced, read the first time and referred to the

General Committee on the Judiciary, to-wit:

By Mr. Jemison-



A bill to amend the Constitution of this State by

striking therefrom and repealing paragraph 15, section 7, article 3 thereof, relative to the origin, introduction

and reading of local or special bills.

By Mr. EstesA bill to amend the Constitution of this State by re-

pealing or t>xpunging therefrom paragraph 15 of section 7, article 3, of said Constitution.

By a two-thirds vote-yeas 104, nays none-the following bill was introduced, and by a two-thirds voteyeas 97, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. PerkinsA bill for the relief of the bondsmen on the bond
.given by the Stonewall Rifles for arms furnished by the State of Georgia.

Mr. DuBignon offered the following resolution, which was read and referred to the Committee on Education, to-wit:
A resolution to appoint a committee to inquire into the expediency of establishing district or local colleges, and for other purposes, to report to the next .session of the General Assembly_

260

JouRNAL oF THE HousE,

By a two-thirds vote-yeas 91, na.ys none-the following bill was introduced, and by a two-thirds vote-
yeas 90, nays none-read the first time and referred to-
the Committee on Education, to-wit:
By Mr. McCantsA bill to authorizP the Town Council of the town of
Reynolds, in Taylor county, to issue bonds to build a school house in said town, and for other purposes.
By a two-thirds vote-yeas 94, nays none-the following bill was introduced, and by a two-thirds voteyeas 91, nays none-read the first time and referred to the Committee on Corporations, to- wit :
By Mr. Keil- . A bill to incorporate the town of Arlington, in the
counties of Calhoun and Early, and provide for the election ot a Mayor and Aldermen.

Under the suspension of the rules, Mr Poster introduced the following bill, which was read the first time and referred to the General Committee on the Judiciary, to wit:
A bill to prescribe where the legal achertising emanating from the Ordinaries' and Sheriff' !-l offices shall be published.
On motion of Mr. Hunt the following Senate resolution was taken up, read and concurred in, to-wit:
A resolution, that the manuscript of a book prepared by Col. D. N. Martin, entitled, A Supreme Court Manual, be referred to the joint committee to examine hand-book of forms by Silman and Thompson.
On motion of Mr. Davis, of Habersham, the following Senate resolution was taken up, read and concurred in, to-wit:
A resolution regarding the settlement with the purchasers ofthe Macon and Brunswick Railroad.

WEDNESDAY, JULY 27, 1881.

261

The following bill was re-committed to the Committee on Agriculture, to-wit:
A bill to amend section 1455 of the Code of Georgia, setting forth how and when sections 1449, 1450, 1451, 1.452, 1453 and 1454, become operative.
The following bill was re-committed to the Committee on Temperance, to-wit:
A bill to prohibit and restrict the sale of liquor in this State, and establish a general local option law.
Leave of absence was granted to Mr. Fordham and Mr. Jones, of DeKalb, on account of sickness; to Mr. Martin, of Houston, on business, and to Messrs. Perkins and Davis, of Habersham, members of the Special Committee on the Lunatic Asylum, until Thurs day morning next.
The House then adjourned till 9 o'clock a. m., tomorrow.

ATLANTA, GEORGIA,
Wednesday, July 27, 1881.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Rev. Mr. Clarke.
The roll was called and a quorum found to be presE>nt.
Mr. Kimsey, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
On motion of Mr. DuBignon, the use of the ball of the House of Representatives for Thursday afternoon was granted Mr. G. F. Howard.
By a two-thirds vote-yeas 89, nays none-the following bill was introduced, and by a two-thirds vote-

262

JouRNAL oF THE HousE,

yeas 97, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. TharpeA bill to amend an act to regulate and control cer-
tain convicts in the county of Bibb, approved Febru-ary 27, 1877.
By a two-thirds vote-yeas 88, nays none- -the following bill was introduced, read the first time, aud by a two-thirds vote-yeas 94, nays none-referred to the Committee on Corporations, to-wit:
By Mr. KeilA bill to incorporate the town of Leary, in the county
of Calhoun, to grant election powers and privileges tothe same, and for other purposes.
The following bill was introduced, read the first time and referred to the Special Committee on the J udiciary, to wit:
By Mr. Wilson, of CamdenA bill to prohibit the issuing and circulating due
bills with the words thereon "due the bearer-- dollars or cents in merchandise," and for other purposes.
By a two-thirds vote-yeas 92, nays none-the following bill was introduced, and by a two-thirds voteyeas 92, nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. MorrowA bill to incorporate the town of Morrow in the
county of Clayton, and to grant election powers and privileges to the same, and for other purposes.
Mr. Milner, chairman of the Committee on Penitentiary, submitted the following report:

Mr. Speaker :
The Committee on Penitentiary have bad under consideration the following bill, which they recommend do pass, to-wit :

WEDNESDAY, JULY 27, 1881.

263

.A bill to provide for the better inspection, management and control of the convicts of this State.
The committee have also considered the following bill, which they recommend do not pass. to-wit:
.A bill to provide for the care, labor and reform of the convicted criminals of Georgia.
Respectfully submitted, THus. W. MILNER, Chairman.
Mr. Crawford, chairman of the Committee on Military .Affairs, submitted the following report :
Mr. Speaker .~ The Committee on Military .Affairs has had under
consideration the following bill, which they recommend do not pass, to-wit:
.A bill to amend an act, approved OctobPr 16, 1879, to provide for the better organization, government and discipline of the volunteer troops of this State, and for other purposes.
Respectfully submitted, R. ORAW.FORD, Chairman.
On motion of Mr. Sweat, the rules were suspended and the following bill read the third time, the report of the committee was agreed to, and the bill passed by the requisite constitutional majority-yeas 94, nays none, to-wit:
.A bill to revise the Superior Court calender for all the counties composing the Brunswick circuit, and for other purposes.
The Speaker announced as the committee on the part of the House, on the question of settling with the purchasers of the Macon and Brunswick Railroad: Messrs. Davis of Habersham, Hutchins, Christie, .Adderton, and Martin of Talbot.
Mr. N orthen, chairman of the Committee on Education, submitted the following report:.
Mr. Speaker :
The Committee on Education have bad under con-

264

JoURNAL oF THE HousE,

sideration the following bill, which they recommend be referred to the Committee on Temperance, to- wit:
A bill to be entitled an act to regulate the sale of spirituous, vinous and malt liquors in the county of Gwinnett.
Also, the following bill which they recommend the introducer be allowed to withdraw, to-wit:
A bill to be entitled an act to authorize the levy of a special tax for educational purposes, in the county of Decatur, and to prescribe the manner of assessing, collecting and disbmsing the same.
'fhe committee also considered the following bills, which they recommend do not pass, to-wit:
A bill to be entitled an act to abolish the office of County School Commissioner of this StatP, and to impose the duties of said office upon the Ordinaries of the State.
Also, a bill to be entitled an act to authorize and require the teaching of the elementary principles of agriculture in the public schools of this State, and to provide for the preparation of, or designation of, a work on the elementary principles of agriculture.
Aslo, a bill to be entitled an act to prevent favoring out or sub-letting of contracts to te~ch public schools.
The committee have considered the following bill, which they recommend do pass, to-wit :
A bill to be entitled an act to authorize the Mayor and Conneil of the city of Dalton to levy a tax for the purpose of establishing and maintaining public schools in, and for the municipality of Dalton, under and in conformity to section 4, article 8, of the Constitution of Georgia, and to authorize the County School Commissioner of Whitfield county to pay over to the Board of Trustees of said city such part of the State School fund as may be the just pro rata share of said city.
Respectfully submitted, W. J. NoRTHEN, Chairman.

WEDNESDAY, JULY 27, 1881.

265

The following bills were introduced, read the first time and referred to the Committee on Finance, to-wit:
By Mr. PattersonA bill to appropriate money to refund triple taxes
illegally collected by the State of Georgia from the Girard Fire Insurance Company, of Pennsylvania.
Also, a bill to appropriate money to refund triple taxes illegally collected by the State of Georgia from the Insurance Company of North America, of Philadelphia.
Also, a bill to appropriate money to refund double taxes illegally collected by the State of Georgia from the Lorillard Fire Insurance Company, of New York.
Also, a bill to appropriate money to refund double taxes illegally collected by the t:5tate of Georgia from the Manhattan Fire Insurance Company of New York.
Also, a bill to appropriate money to refund double taxes illegally collected by the State of Georgia from the Niagara Fire Insurance Company of New York.
The following bills were introduced, read the first time and referred to the General Committee on the Juciary, to-wit:
By Mr. HillyerA bill to authorize and empower Justices of the
Peace to appoint special Constables in certain cases.
By Mr. SilmanA bill to amend section 1991 of the Code of 1873, by
striking out the third sub-division of said section and substituting another sub-division therefor.
By Mr_ Davis, of Lumpkin-
A bill to repeal an act, approved September 17, 1879, 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, all telegraph operators, and certain firemen.

266

JouRNAL OF THE HousE,

By Mr. FosterA bill to repeal section 2410 of the Code of Georgia,
restricting the right of married women to make wills.
By Mr. DuPree, of MaconA bill to amend section 315 of the Code of 1873, pro-
viding for the collection and disbursement of fines and forfeitures in cases transferred from the Supe rior to the County Courts.
By Mr. Turner, of Monroe-
A bill to amend section 3 of an act to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways or other public works in the several counties of this State, approved September 29. 1879, by striking from the 14th line of said section the word "one" and inserting the word "five."
By pPrmission of the House, Mr. Feagan withdrew House bill No. 176, and Mr. Cook withdrew House bill No. 656.

The following bills were introduced, read the first time and referred to the Special Committee on the J udiciary, to-wit:
By Mr. SpenceA bill to change the time of holding the Superior
Court in the county of Mitchell.
By Mr. KimseyA bill to amend section 14 of the general County
Court act, approved October 13, 1879, which section provides that County Courts shall be held at the courthouse, or wlwre the 8uperior Courts are held, by adding a proviso thereto that the County Judge may, by order, establish and hold quarterly sessions of such courts in any city or town, other than the county site, having three hundred or more inhabitants, and for other purposes.
By Mr. Turner, of MonroeA bill to authorize the Judges of the County Courts

WEDNESDAY, JULY 27, 1881.

267

of this State to appoint the Clerk of the Superior Courts of their respective counties Clerk of said County Court.
The following bill was introduced, read the first time and referred to the Committee on Railroads, towit: By Mr. Clarke-
A bill to make and declare penal the offense of falsely reporting the mark and brand, or mark or brand~ of stock killed on or n6ar any railroad in this State, and to prescribe a penalty therefor.
The following bill was introduced, read the first time and referred to the Committee on Temperance, towit: By Mr. Wilkinson-
A bill to prohibit the sale and manufacture of intoxicating liquors in any militia district, town, city or county when the qualified voters so determine, except for medicinal, mechanical and sacramental purposes.
The following bill was introduced, read the first time and referred to the Committee on Agriculture, towit: By Mr. Post-
A bill to amend an act relating to fences and stock, and for the purpose of protecting crops, so as to make the same apply to either part or portion of any county that is divided by any water course that is or shall be deemed fences, and for other purposes.
By a two-thirds vote-yeas 94, nays none-the following bill was introduced, and by a two thirds vvteyeas 97, nays none-read. the first, time and referred to the Special. Committee on the Judiciary, to-wit: By Mr. Janes-
A bill to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways or other public works in the county of Polk.

268

JouRNAL OF THE~ HousE,

By a two-thirds vote-yeas 91, nays none-the following bill was introduced, and by a two-thirds voteyeas 97, nays none-read the first time and referred to the Committee on Corporations, to-wit: By Mr. Broyles-
A bill tv amend an act to incorporate the contractors' association, approved October 24, 1870, and for other purposes.
By a two-thirds vote-yeas 101, nays none-the fol lowing bill was introduced, and by a two-thirds voteyeas 91, nays none-read the first time and referred to the General Committee on the Judiciary, to-wit: By Mr. Heath-
A bill to pay Leroy A. Murphy balance due him, as School Commissioner for the county of Burke, for services during the year 1871.
The following bill was introduced, read the first time, and referred to the Committee on Finance, towit: By Mr. Hutchins-
A bill to make permanent the incomes of the University of Georgia.
On motion of Mr. Milner, the following bill was recommitted to the Committee on Finance, to-wit :
A hill for the relief of J. E. McGuire, of the county of Bartow.
Mr. N orthen, chairman pro tem. of the Committee on Finance, submitted the following report:
Mr. Speaker :
The Committee on Finance have had under consideration the following resolution, which they recommend do pass, as amended, to-wit:
A resolution providing for the purchase, by the Governor for the use of State, of three hundred copies of an Analytical Index of the Georgia Reports, from volumes 41 to 61, inclusive, -prepared by N. E. Harris.

WEDNESDAY, JULY 27, 1881.

269

They have also bad under consideration the following bills, which they recommend do pass as amended:
A bill to be entitled an act to allow the Mayor and Councilmen of Athens to use money set aside last year for the purpose of building public cisterns, to pay the appropriation made the Hook and Ladder Company, for the purpose of purchasing a lot upon which to build their hall.
Also, a bill to be entitled an act to authorize the Board of Commissioners of Newton county to levy a tax of two hundred per cent. on the State tax of Newton county, for the purpose of paying the present indebtedness of said county, and for other purposes.
Also, a bill to be entitled an act to confer additional powers upon the Board of Commissioners of the town of Hampton, county of Henry.
Also 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 authorize the issue of interest bearing bonds by the Mayor and Council of the city of Macon for refunding the present bonded debt, and for other purposes.
Also, a bill to provide for the payment of interest on the bonds qf the city of Macon, and for other purposes.
Respectfully submitted, W. J. NoRTHEN, Chairman, protem.

Mr. Hammond, chairman of the Geneml Committee on the Judiciary, summitted the following report, towit:
Mr. Speaker:
The General Committee on the Judiciary have had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to create a pe1manent Board of Jury Commis-

"270

JouRNAL oF THE HousE,

sioners to repeal former laws in conflict, and for other purposes.
Also, a bill to protect children from demoralizing influences.
Also, a bill to repeal an act entitled au act to carry into effect paragraph 2, section 18, article 6, of the Constitution, providing for the revision of the jury boxes, approved October 17, 1879, and to provide for a revision of the jury boxes and for drawing juries, and for other purposes.
Also, a bill to amend section 3033 of the revised Code, and to increase the liabilities of railroad companies for injuries and damage done to stock and Dther propercy.
Also, a bill to amend section 3854 ot the revised Code, in relation to the testimony of husband and wife for cases of divorce.
The following bills are returned, with recommendation that the introducers be allowed to withdraw
them, to-wit:
A bill to require Judges of the Superior Courts, in {)ertain cases, to advertise the order in which they will take up the dockets in said courts.
Also, a bill to amend au act approved October 11, 1879, to prescribe the manner of fixing the pay of jurors and Bailiffs in the County Courts of'this State, etc.
Also, a bill to provide compensation for the Commissioners of Roads, Public Buildings and Revenues Df the county of Warren, and the manner of paying the same.
The committee recommend the passage of the following bills by substitute, to-wit:
A bill to provide compensation for jurors serving in the County Courts in this State.
Also, a biB to change the time of holding the Superior Courts in the counties of Lumpkin, Dawson and

WEDN.RSDAY, JULY 27, 1881.

271

Pickens, of the Blue Ridge Circuit, so as to allow the county of Lumpkin two weeks at each term.
The committee have also had under consideration the following bill, which they recommend do pass, to-wit:
A bill to create and organize a new J udical Circuit of the Superior Courts of this State, to be called the Northeastern Circuit.
Respectfully submitted,
vV. M. HAMMOND, Chairman.

Mr. Polhill, chairman of the Special Committee on the Judiciary, submitted the following report :
Mr. Speaker:
The Special Committee on the Judiciary have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to prohibit the sale of intoxicating liquors in the county of Glynn.
Also, a bill to provide for the payment of the debt of Clarke county, and to meet the annual current expensPS of said county.
Also, a bill to prohibit the sale of intoxicating liquors in the county of Jefferson.
Also, a bill to make the Jury Commissioners of Fulton county, appointed by the Judge of the Superior Court, the Jury Commissioners of the City Court of Atlanta.
Also, a bill to amend section 3845 of the Revised Code of 1873, by striking out the words " two dollars" and substituting "'one dollar."
Also, the following bill, which they recommend do pass, by substitute, to-wit:
A bill fixing the license fee for the sale of intoxi-cating liquors in the county of Clinch.
Also, the following bilis, which they recommend introducer be allowed to withdraw, to-wit:

272

J OURN.AL OF THE HOUSE,

A bill to create and establish a criminal court in the county of Mdntosh.
Also, a bi~l to remove the disabilities of William F. Hogg, a miuvr.
Also, a hill to empower the County Commissioners of Twiggs county to purchase property.
Also, the following bills, which they recommend do not pass, to-wit:
A bill for the ownership of dogs in Washington county.
Also, a bill to prohibit the killing of wild deer and turkey in the raising season in this State.
Also, a hill to allow the Coroner of Chatham county certain fees, to be paid out of the County Treasury.
Also, a bill to prohibit the sale of intoxicating liquors within five miles in every direction from Rehobothville church and academy, in the county of Morgan. (The proofs insufficient.)
Respectfully submitted, J. H. PoLHILL, Chairman.

Tbe following mest:age was received from the Senate through Mr. Harris, the Secretary thereof:
Mr. Speake'r:
The Senate has passed the following Senate bills, in which they ask the concurrence of the House of Representatives, to-wit:
A bill to amend section 4540 of the Code of 1873, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to define the offense of retailing spirituous liquors without having first taken the oath prescribed by law, and without having procured the license from the proper authority, and to provide a penalty therefor, which was passed by a constitutional majority of yeas 28, nays none.

WEDN]SD.AY, JULY 27, 1881.

273

The Senate has refused to pass the following bill of the House, to- wit :
A bill to authorize the sureties on official bonds required of Statfl or county officers, to limit the amount of their liabilities on such]bonds in all cases where the whole amount of the bond so required is five thousand dollars or more.
On motion of Mr. Rankin, the following bill was made the special order for vVednesday next, immAdiately after the reading of the Journal, and on motion of Mr. Patterson, two hundred and fifty copies of the substitute, r.=lported by the Committee on Railroads, were ordered printed for the use of the Honse, to-wit:
A bill to provide for a uniform assessment of railroad property in this State, and for the collection and return of taxes thereon.
The following bill was read the third time and the report of the committee agreed to, to-wit:
A bill to secure uniformity in grading teachers in pnblic schools.
On the q11estion of the passage of the bill, Mr. Lester called for the yeas and nays. ThP call was sustained, and on calling the roll the vote was as follows~ to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Anington, A wtry~ Bacon of Chatham, Basinger, BatPs, Bt'atty, Bransont Broyles, Burch, Carter, ChristiP, Cl;uk, Coffin, Cook, Crozier, Crumbley, Davis of Lumpkin, DuBignon, DuPree of Macon, DuPree of Pikt:>, Dyer, Estes, Feagin, Foster, Fuller, Garrard, Gaskins, Glover, Goodrich, Hagen, Heard, Heath, HightowPr of Early, Hillyer, Hunt, Hutchins, Jackson of Richmond, James, Jemism, Johnson of Lee, Jones of DeKalb, Julian, Keil, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Little, Martin of Talbot, McAllister, Mclutosh,
18

274

JouRNAL oF THE HousF-,

McKinney, Middlebrook, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Morrow, Nichols, N orthen, Orr, Palmour, Park, Patterson, Peek, Polhill, Post, Rainey, Rawlins, Rice, Robins, Roney, Scruggs, Singleton, Silman, Spence, Spearman, Stanford, Stapleton, Strother, Sweat, Tharpe, Turner of Floyd, Turner of Monroe, Turnipseed, 'Valker of Crawford, Walker of .Jasper, Williams, -Wilkinson, 'Vilson of Camden, \Vilson of Greene, Wingfield, Youngblood, Zachry-98.

Those voting in the negative are Messrs. -
Barnes, Barrow, Cameron, Carithers, Daniel, Day, Denton, Gray, Hall, Hammonu, Henry, Hightower of Stewart, Hill, Jackson of Carroll, Lewis, McBride, McCants, McClure, Reese, Render, Ritchie, Sellars, Smith of Union, Wheeler, Wilson of Bulloch-25.

Those not voting are Messrs.-
Anderson of Newton, Bennett, Bird, Branch, Brewer, Btinson, Bull, Crawford, Davis of Habersham, Dial, Dykes, Edwards, Farnell, Flynt,Fordham,Hale, Harp, Harrell, Hester, Janes, Johnson of J uhnson, Jones of Baker, Maddox, Martin of Houston, Math~ws, Mays of Butts, Mays of Richmond, McClellan, McLeod, McLucas, Miller, Moore of Taliaferro, Perkins, Price, Quillian, Rankin, Sapp, Shockley, Smith of Oglethorpe, Story,Summerlin, Sumner, Thompson, Twiggs, \Valker of Berrien, Whittle, \Villingham, Winslow, ""ithrow, '\Yright, Zellars, Mr. Speaker52 .

So, the requisite constitutional majority having voted in the affirmative, the bill was passed.
On motion of Mr. Foster, the rules were suspended and the following resolution read the first time and referred to the Committee on Finance, to-wit:
A resolution to appropriate money to pay the Ser-

WEDNESDAY, JULY 27, 1881.

275

geant-at-Arms of the committef> to investigate the lease of the Western and Atlantic Railroad for services and exp~nses.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority-yeas 95, nays 5-to-wit:
A blll to provide for the compensation of the Solicitor-General of the \Vestern Circuit for services in <Jriminal cases in the county of Clarke.
Under a suspension of the rules, the following bill was read the third time, the report of the committee was agreed to and the bill passed, by substitute, by the rPquisite constitutional majority-yeas 115, nays none-to-wit:
A bill to change the time of holding the Superior Courts in the counties of Dawson and Pickens, in the Blue Ridge Circuit, so as to allow the county of Lumpkin two weeks at each the Spring and Fall Terms of said court.
The following bill was laid on the table, to wit:
A bill to regulate the sale of liquors in the county of Effingham.
The following bill was taken up, to-wit:
A bill to allow defendants, in distress warrants, to stop procet>ding in forma pauperis, and to authorize the prompt sale of certain perishable property, levied on by distress warrants.
Mr. Barrow moved to re-commit the bill to the Committee on Agriculture.
On this question, Mr. \Vheeler called for the previous question, the call was sustained, and the main question ordered.
The motion to re-commit did not prevail.

276

JOURNAL OF THE HOUSE,

Mr. Middlebrook offered an amendment to the sub stitute proposed by the committee, amend by adding as an additional proviso to section 2d : That nothing in this act shall be construed to apply to annual crops grown on the premises for the year for which said such premises were rented, when the tenant has agreed to pay rent in kind, or a specific sum for the rent of such premises.
Mr. Peek called for the prAvious question on the amendment, the call was sustained and the main question ordend.
On the question of the adoption of the amendment~ Mr. 'Vinslow called for the yeas and nays, the call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-

Adderton, Anderson of Cobb, Barnes, Barrow, Bates, Beatty, Branch, Brewer, Burch, Carithers, Christie, Coffin, Cook, Crawford, Crozier, Crumbley, Daniel, Day, DuPree of l\Iacon, Dyer, Edwards, Estes, Feagan, Foster, Fuller, Gaskins, Hagen, Hammond, Heard, Heath, Hightower of Early, Hillyer, Hutchins, Julian, Kennedy, Lamar, Lamb, LPster, McCants, McKinney, Middlebrook, Mitchell, Moore of Hancock, N orthen, Orr, Palmour, Parks, Peek, Polhill, Post, Rainey, Rawlins, Reese, Render, Rice, Ritchie, Robins, Sapp, Sellars, Scruggs, Smith of Oglethorpe, Stapleton, Strother, Tharpe, Turnipseed, "\Valker of Orawford, vValker of J aspt>l', vVilliams, Wilkinson, Wilson of Bulloch, vVilson of Greene, Youngblood, Zachry-73.

Those voting in the negative are Messrs.-
Awtry, Bacon of Chatham, Basinger, Broyles, Cameron, Carter, Clark, Davis of Lumpkin, Denton, DuBignon, DuPree of Pike, Garrard, Goodrich, Gray,

WEDNESDAY, JULY 27, 1881.

277

Hall, Henry, Hester, Hightower of Stewart, Hunt, .Jackson of Carroll, James, Janes, Jemison, Johnson of Lee, Jones of DeKalb, Keil, Kimsey, Lonnon, Lewis, Little, Martin of Talbot, McBride, McClure, Mcintosh, Milner, Moore of Pierce, Morrow, Nichols, Patterson, Rankin, Roney, Singleton, Smith of Union, Spence, Spearman, Stanford, Sweat, Turner of Floyd, "Turner of Monroe, Twiggs, Wheeler, Wilson of Camden, Wingfield, Winslow-54.

Those not voting are Messrs.-
Anderson of Newton, Arrington, Bennett, Bird, Branson, Brinson, Bull, Davis of Habersham, Dial, Dykes, Farnell, Flynt, Fordham, Glover, Hale, Harp, Harrell, Hill. Jackson of Richmond, Johnson of .Johnson, Jones of Baker, Maddox, Martin of Houston, Mathews, Mays of Butts, Mays of Richmond, McAllister, McClellan, McLeod, McLucas, Miller, Moore Taliaferro, Perkins, Price, Quillian, Shockley, Silman, Story, Summerlin, Sumner, Thompson, "\Valker of Berrien, Whittle, Willingham, Withrow, Wright, Zellars, Mr. Speaker-48.

So the amendment was adopted.
On motion of Mr. Wheeler, the morning session was prolonged until such time as the pending bill can be -disposed of.
Mr. Hunt moved to reconsider the action of the House on the amendment just adopted. Pending the consideration of this motion, Mr. DuBignon moved that the House adjourn, which motion prevailed.
Leave of absence was granted to Mr. Milner, commencing from Monday last, on account of sickness of himself and family, and to Mr. Hill on business.
The House then adjourned till 9 o'clock a. m. tomorrow.

278

JoURNAL oF .THE Hou:o;E,

ATLANTA, GEORGIA,
Thursday, July 28, 1881.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found to be present.
Mr. Heath, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
The unfinished business of yesterday was resumed. The first question being the motion of Mr. Hunt to reconsider the action of the House in adopting the amendment proposed by Mr. Middlebrook. Mr. Peek moved to lay the motion to reconsider on the table. On this motion, Mr. Roney called for the yeas and nays. The call was sustained, and on calling the roll the vote was as follows, to-wit:
Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Arrington, Awtry, Bacon of Chatham, Barnes, Barrow, Bates, Beatty, Bennett, Branch, Branson, Brewer, Burch, Carithers, Christie, Clark, Coffin, Cook, Crozier, Crumbley, Daniel, Day, DuPree of Macon, Dyer, Dykes, Edwards, Estes, Feagin, Poster, Fuller, Gaskins, Glover, Hagen, Hammond, Harrell, Heard, Heath, Hester, Hightower of Early, Hutchins, Johnson of Johnson, Julian, Kennedy, Lamar, Lamb, Lester, Mathews, Mays of Butts, McAllister, McKinney, McLeod, Middlebrook, Mitchell, Moore of Hancock, Moore of Taliaferro, Northern, Orr, Palmour, Park, Peek, Polhill, Post, Rainey, Rawlins, Reese, Render, Robins, Sapp, Scruggs, Stapleton, Story, Strother, Tharpe, Thompson, Turnipseed, "\:Valker of Ora wford, walker of .Jasper, Whittle, -Wilkinson, -Wilson of Bulloch, Wilson of Greene, Youngblood, Zachry-84.

THURSDAY, JULY 28, 1881.

279

Those voting in the negative are Messrs.-
Basinger, Bird, Broyles, Cameron, Davis of Lumpkin, Denton, Dial, DnBignon, DnPrPe of Pike, Flynt, Garrard, Goodrich, Gray, Hale, Hall, Henry, Hightower ot Stewart, Hillyer, Hunt, Jackson of Richmond, James, Janes. Jemison, Johnson of Lee, Jones of DeKalb, Julian, Keil, Kimsey, Lonnon, Lewis, Little, Martin of Houston, Martin of Talbot, McBridt>, Me. Cants, McClure, Mclntvsh, Milner, Moore of Pierce~ Morrow, Nichols, Quillian, Rankin, Rice, Roney, Sel]ars, Singleton, Silman, Smith of Union, Spence, Spearman, Stanford, SwPat, 'furner of Floyd, Turner of Monroe, Twiggs, \Valker of Berrien, \Vheeler, Williams, '\Vilson of Camden, Wingfield, 'Vinslow~ Wright-62.

Those not voting are Messrs.-
Anderson of Newton, Brinson, Bull, Carter, Crawford, Davis of Habersham, Farnell, Fordham, Harp, Hill, Jackson of Carroll, Jones of Bakt>r, Maddox, Mays of Richmond, McClellan, McLucas, Miller, Patterson, Perkins, Prict>, Ritchie, Shockley, Smith of Oglethorpe. Summerlin, Sumner, Willingham, Withrow, Zellars, Mr. Speaker-29.
So the motion to reconsider was laid on the tahle.
Mr. Render moved to lay the bill on the table. The motion did not prevail.
Mr. Hunt moved to re-commit the bill to the Committee on Agriculture, which motion prevailed.
The following bill was read the third timt>, the report of the committee was agreed to, the proofs of the pub lication of the notices required by law, were exhibiteq. and the bill passed as amended by the requisite constitutional majority-yeas 108, nays none-to-wit:
A bill to amend the several acts incorporating the town of vVest End, in the LOunty of Fulton.

On motion of l\Ir. Spence, the following b1ll was

280

J ouRN.AL oF THE HousE,

taken up and the Senate amendment concurred in, towit:
A bill to altar and amend an act to provide for a County Board of Commissioners for the county of Mitchell, and to prescribe and define the powers and duties thereof, approved February 20, 1873, so as to regulate the pay of the clerk of said board.
The following bill was re committed to the Committee on Corporations, to-wit:
A bill to incorporate the Rome Southern Railroad Company, etc.
By permission of the Honse, Mr. Middlebrook withdrew flo use bill No. 636, and Mr. Basinger withdrew Honse bill No. 81.

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 repeal an act to create and organize a County Court for the county of Habersham, which was passed, by a constitutional majority of yeas 2~, nays none.
Also, a bill to repeal an act to amend an act to create a Board of Commissioners of Roads and Revenues, of the county of Baker, which was passed by a constitutional majority of yeas 26, nays none.
Also, a bill to provide for sales made under and by
virtue of any fl. fa. or other process issued from the
County Courts of this State, which was passed by a constitutional majority of yeas 25, nays none.
Also, a bill to require Ordinaries, Commissioners or other persons having charge of county finances to furnish do(:kets to Justices of Peace and .Notaries Public, who are ex-officio Justices of the Peace, and to pro-

THURSDAY, JULY 28, 1881.

281

-vide for the preservation of same, which was passed by a C<Jnstitutional majority of yeas 26, nays none.
Also, a bill to repeal the acts entitl~d an act to create a Board of Commissioners of Roads and Revenue for the county of Milton, one of which was approved October 26, 1870, and the other Jan nary 20, 1872, which was passed by a constitutional majority of yeas 25, nays none.
Also, the following bill was passed, with an amendment, in which they ask the concurren0e of the House of RepreRentatives thereto, to-wit:
A bill to alter and amend an act entitled an act to provide for a County Board of Commissioners for the county of Mitchell, so as to regulate the pay of the Clerk of said board, which was passed by a constitutional majority of yeas 27, nays none.
The Senate has passed the following Senate bills, in which they ask the concurrence of the House of Representatives, to-wit:
A bill to more clearly define the meaning of section 20 of the public school act, approved August 23, 1872, which was passed by a constitutional majority of yeas 25, nays 3.
Also, a bill to authorize the County Boards of Education in the city of Savannah, and other cities of this State, to require scholars to be vaccinated before admission to the schools, which was passed by a constitutional majority of yeas 28, nays none.
Also, a bill to protect the public schools, private schools, and Sunday-schools of this State from disturbance, and to punish those who unl~wfully disturb the same, which was passed by a constitutional rna jority of yeas 23, nays none.
Mr. Rankin, chairman of the Committee on Railroads, submitted the following report:
Mr. Speaker:
The Committee on Railroads have had under con-

282

JOURNAL OF THE HoUSE,

sideration the following bill, which they recommend do pass, to-wit:
A bill to be entitled an act to amend an act to incorporate the Gainesville, J e:fferson and Southern Railroad Company, and for other purposes tht>rewith connected, approved August 23, 1872, so as to authorize said company to proceed at onre to build a branch of their road from a point near the line betwPen the counties of Hall and Jackson .to Monroe, in Walton county, or Covington, in Newton county, or some other point on the Georgia Railroad to be selected. And to issue the bonds of the company to raise money to iron and equip said road and branch and to secure the same by mortgage.
Also, a bill to be entitled an act to amend an act entitled an act to incorporate the Stone Mountain Granite and RaHway Company, and to confer upon the same certain rights, powers and privileges, and for other purposes therein named, approved October 26, 1870.
Also, the following bill, which the committee recommend do not pass, to-wit:
A bill to be entitled an act to require allrailroad companies in the State to furnish shelters for guano, etc., at all stations where amount shipped is over one hundred tons, ete.
Also, the following bill, which I am instructed toreport back with the recommendation that the introducer have leave to withdraw the same, to-wit:
A bill to be entitled an act to authorize the survey, building ann equipping a railroad from Covington, Newton county, Ga., to the Ocmulgee river, to be known as the Covington and Ocmulgee River Railroad, and for other purposes connected with said enterprise.
Respectfully submitted. W. R. RANKIN, Chairman.

!IINORITY REPORT.
The unde1signed, members of the Pinance Commit-

THURSDAY, JULY 28, 1881.

283-

tee, dissent froa1 a majority of said CJmmittee on Senate

bill No. 44, and the amendments to it by said majority

of committee, which is a bill to be entitled an act to

amend an act entitled an act to regulate and restrict

the rate of interest in this State, and for other purposes,

approved October 14, 1879, and beg leave to submit this

minority report. vVe recommend the bill do not pass.

(Signed)

W. L. PEEK,

J. B. WHEELER,

J. '1'. YouNGBLooD,

J. L. ADDERTuN,

J. B. PAHK,

SEABORN "\VmGnT,

J. T. HESTEH.

Mr. Estes, chairman of the Committee on Corporations, submitted the following report :
Mr. Speaker:
The Committee on Corporations have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to be entitled an act to authorize the Mayor and Council for the city of Macon to submit to the qualified voters of said city the question of purchasing the Holdridge property for a school house for colored children, and whether the debt of said city shall be increased twenty-five hundred dollars therefor, and for other purposes.
Also, a bill to be entitled an act to alter and amend an act entitled an act to amend an act entitled an act to alter and amend the several acts incorporating the city of Macon, approved DecembPr 27, 1847, and the several acts amendatory thereto, approved December 11, 1871, to provide for the election of the Clel"k and Treasurer of said city by the Mayor and Aldermen thereof, and for other purposes.
Also, a bill to be entitled an act to authorize the Mayor and Council of the city of Macon to submit to

284

JouRNAL oF THE HousE,

thE> qualified voters of said city the question of making a contract with the Macon Gas Light and Water Company, for supplying the city of Macon with water for five years, with the power of renewal for five years, whether the debt of said city shall be increased therefor, a:nd for other purposes.
The committee further report that the proper notices required by law have been given of the intention to apply for the passage of the above reported bills.
The committee have also had under consideration the following bills, which they recommend that the introducers have leave to withdraw, to-wit:
A bill to be entitled an act to incorporate the town of Grovetown, in the county of Columbia.
Also, a bill to be entitled an act to permit charitable bodies corporate, such as mutual aid societies, church aid societies, and educational and religions institutions to surrender their charter of incorporation, and to transfer property and effects to other incorporated bodies of a similar nature, to permit such similar bodies to accept such transfer, and to define the rights and liabilities of the corporation accepting.
Respectfully ~ubmitted, J. B. EsTES, Chairman.

Mr. Basinger, chairman of the Committee on Banks, submitted the following report :
Mr. Speaker:
ThH Committee on Banks have had under consideration the following bills, and finding that proper notices have been given of the intention to apply for the passing of them as required by law, have instructed me to return them to the House with the recommendation that they be passed as amended, to-wit :
A bill to be entitled an act to amend an act entitled an act to incorporatE' the Augusta Savings Institution.
Also, a bill to be entitled an act to incorporate the

THURSDAY, JULY 28, 1881.

285

City Bank of Augusta, and for other purpo~es. Also, a bill to be entitled an act to incorporate the
Citizens' Savings Bank of Savannah.
The committee has also had under consideration the following bill, which they have requested me to return to the House with the recommendation that it be passed without amendment, to-wit :
A. bill to be entitled an act to alter and amend an act entitled, an act to incorporate the Citizens' Savings Bank of Augusta.
Respectfully submitted,
w~r. s. BASINGER, Chairman.

The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passPd as amended, by the requisite constitutional majority-yeas 103, nays none-to-wit:
A bill to prescribe the method of granting license to sell spirituous orintoxicating liquors in the county of Effing ham, and to increase the fee for the same to five thousand dollars.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 95, nays none-to-wit:
A. bill to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Scriven, and to increase the fee for said license to ten thousand dollars, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by substitute by the requisite constitutional majority-yeas 105, nays none-to-wit:
A bill to consolidate the offices of the County Treas-

286

JouRNAL oF TIIJ<: HousE,

urr and Clerk of the Superior Court of the county of vVebster, and to provide for the compensation of the same, and for other purposes, approved February 19, 1876.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of thfl notices required by law, were exhibited, and the bill passed by substitute, by the requisite constitutional majority-yeas 108, nays none -to-wit:
A bill to amend an act to amend an act to create a Board of Commissioners of Roads and Revenues of the county of \Vebster, define their powers and duties, and for other purposes, approved February 14, 1873.
By permission of the House, Mr. Beatty withdrew House hill No. 183.
The following bill was read the third time, the report of the committee was agrt>ed to, the proofs of the publication of the notices required by law were exhibited, and t11e bill passed as amended, by the requisite constitutional majority-yeas 99, nays none-to-wit:
A bill to prohibit the sale of spirituous, malt or in toxicating liquors in any quantity whatever, within two miles of the Court-house, in the town of Cleveland, in the county of \Vhite, except upon the written prescription of a regular licensed physicic.Ln, and to pro vide a penalty tlwrefor.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed as amended, by the requisite constitutional majority-yeas 99, nays none-to-wit:
A bill to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors or bitters, within the limits of the 714th district, G. M., Carroll county, Georgia.

THUHSDAY, JULY 28, 1881.

287

On motion of Mr. Miller, the following bill was re~ommitted to the Committee on Finance, to-wit:
A bill to levy a tax of -(o of one per cent. on the taxable property of the State, for the support of common schools.
Mr. Estes, chairman of the Committee on Corporations, submitted the following report :

Mr. Speaker:
'fhe Committee on Corporations have had under consideration the following bill, which I am instructed to report back to the House with the recommendation that it do pass, to-wit :
A bill to be entitled an act to incorporate the Atlanta Home Insurance Company.
'fhe committee have also had under consideration the following bill, which they recommend do pass by substitute, proper proofs of intention to apply for the passage of the same, being before the committee, towit:
'
A bill to be entitled an act to change the sevt>ral acts incorporating the town of Conyers.
Respectfully submitted, J. B. EsTES, Chairman.

The following bill was read the third time, the repor-t of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the hill passed, as amended, by the requisite constitutional majority-yeas 93, nays none-to wit:
A bill to incorporate the Savannah Storage Comyany.
The following bill was read the third time, the report of the committt>e was agreed to, and the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite -~onstitutional majority-yeas 104, nays none-to-wit:
A bill to amend an act, approved February 26, 1876,

288

JouRNAL o~ THE HousE,

so as not to compel the l\Iayor and Council of Atlwns to levy one-l1a 1f of one per cent tax to pay the principal and intn.st on the bonds therein mentioned, but only to r..,q nire the Mayor and Council to levy such amount of tax as will be necessary to pay the interest on said bonds and provide for the principaL
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 majorityyeas 96, nays none-to-wit :
A bill to exempt from jury duty all regularly licensed pilots, together with their boat-keepers, actually engaged on the pilot boais in the various ports of this State.
The following bill was laid on the table, to-wit: A bill to apply money receiqed by the Department of Agriculture, from inspection of fertilizers, in excess
of the expenses ot said department, to the common
school fund.
Mr. Smith, 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 have instructed me to report baed to the House, with the recommendation that it do pasi, to-wit:
A bill to be entitled an act to ameud an act, approved August 36, 1879, entitled 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, the following bills, which they recommend do not pass, to-wit:
A bill to be entitled an act to extend the usefulness of the Department of Agriculture, by establishing a County Board of Agriculture in each of the several counties of this State, to prescribe the manner of its. elections, its duties, and for other purposes.

THURSDAY, JULY 28, 1881.

289

Also, a bill entitled an act to amend section 10 of act of 1877, in relation to fees for ihspecting fertilizers and chemicals.
Also, a bill to be entitled an act to protect the farming interests of this State, by making parties who permit animals to run at large liable in damages for any trespass which such animals may commit.
Also, a bill to ba entitled an act to require each county, which shall adopt the provisions of sections 1449, 1450, 1451, 1452, 1453, 1454, 1455 of the Code of Georgia, which embody what is usually dE-nominated the Stock Law, to enclose such county by a lawful fence.
Also, a bill which they recommend that the author be allowed to withdraw, to-wit:
A bill to be entitled an act to promote the agricultural interests of Habersham county.
Also, a bill which thPy recommend do pass, to-wit: A bill to be entitled an act to allow thP burning of the woods in the county of Coffel", from the lOth day of February until the 15th day of April in each and every year, and for other purposes. Repectfully submitted,
J Al\IES ~f. s~nTII, Chairman.
Mr. Hammond, chairman of the Gemral Committee on the Judiciary, submitted the following report:
Mr. Speaker:
The General Committee on the Judiciary have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to fix the fees of J nstices of the Peace and Constables in cases of foreclosure of chattel mortgages, and for other purposes.
Also, a bill to provide for the signing and certifying of bills of exceptions, now rt->quired by law to be signed in twenty days, after said twenty days in certain cases.
Also, a bill to prevent the destruction of tish in the streams of this Statt>.
19

290

JouRNAL OF THE HousE,

Also, a bill to change the time of holding the Superior Courts of Montgomery county.

'fhe committee have also considered the following bills, which they recommend do pass as amended, towit:
A bill to amend section 829 of the Code, to regulate returns for taxes on plantations through which county lines run.
Also, a bill to prohibit the riding or driving of any horse or mule, or otherwise using or injuring any horse or mule, or any other stock, belonging to another, without his consent, and to provide a punishment therefor.

The committee have also had under consi<leration

the folbwing bills, which they recommend do not pass,

to-wit:

A bill to reduce the compensation of non resident

witnesses in criminal cases.

Also, a bill to repeal an act to amend section 1646

of the Code in rPference to fees of Solicitors-General,

approved October 16, 1879, and to repeal section 1650

of the new Code on the same subject.

Also, a bill to amend paragraph 1, section 1 of ar-

ticle 7, of the Constitution of 1877, by adding the fol-

lowing words, to-wit: "And suitable compensation

for those who lost an eye, or both eyes, in such ser

~ice, etc."

.

Also, a bill to amend section 4637, of the Code and

the acts ameudatory thereof, relating to statements of

defendants in criminal cases declaring the rules under

which said statenwnt shall be made.

Also, a bill to amend section 3033 of the Code of

1873, in reference to the liabilities of railroad compa-

nies for injury to Jive stock, etc.

Also, a bill to empower the Courts of Ordinary and Ordinaries to summon juries and submit questions of Jact to the same for decision.

The committee have also had under consideration

THURSDAY, JULY 28, 1881.

291

a resolution to instmct the Judiciary Committee to inquire into the sale of wild lands and report by bill or otherwise. After carefully considering the subject covered by the resolution the committee finds that it is not practicable to frame any general bill to remedy the evils referred to in the resolution.
W. M. HAMMOND, Chairman.

The following bill was read the third timt>, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 104, nays nooe-to-wit:
A bill to authorize the Board of Commissioners of Roads and Revenues of the county of Glynn to issue bonds not to exceed tlw sum of fifty thousand dollars, etc., and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite -constitutional majority-yeas 105, nays none-to-wit:
A bill to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors within the limits of Lowndes county, and to provide a punishment for the violation of the same.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 105, nays none-to-wit:
A bill to establish a system of public schools for the city of Rome, and to provide for the support and maintenance thereof, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhib-

29.2

JouRNAL oF THE HousE,

ited, and the bill passed by the requisite constitutional majority-yeas 101, nays none- -to-wit :
A bill to reduce the official bond of the Sheriff of the county of Early from the amount now fixed by law to the sum of five thousand dollars.
The following bill was read the third time, thereport of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 98, nays none-to-wit:
A bill to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors in Dooly county, and to prescribe a punishment for the same.
'rhe following bill was read the third time, the report of the t:ommittee agreed to, as amended, and the bill passed, as amended, the proofs of the publication of the notices required by law being exhibited, by the requisite constitutional majority-yeas 95, nays none -to-wit:
A bill to incorporate the Planters' Banking, vVarehouse and Commission Company, at Camilla, Mitchell county, Georgia.
By permission of the House, Mr. Strother withdrew House bill No. 115, and Mr. McCauts withdrew House bill No. 508.
The following bill was laid on the table, to-wit: A bill to incorporate the town of Grovetown, in the county ot Columbia.
The following resolution was read the second time, to-wit:
A resolution to appropriate money to purchase a certain number of copies of the Analytical Index to the Georgia Reports, prepared by N. E. Harris.
The following bills were read the second time, towit:
A bill to provide c0mpensation for persons serving on juries in County Courts in this State.

THURSDAY, JULY 28, 1881.

293

Also, a bill to provide for the payment of the debt -of Clarke county, and to meet the annual current expenses of said county.
Also, a bill to amend an act to incorporate the Augusta Savings Institution.
Also, a bill to amend an act to incorporate the Gainesville, Jefferson and Southern Railroad Company, and for other purposes, approved August 23, 1872, so as to authorize said company to proceed at once to build a branch of their road to Monroe, in Walton county, or Covington, in Newton county, or some other point on the Georgia Railroad, and to issue bonds of said company.
The following bills, adversely reported upon by the committee to which they were respectively referred, were read the second time, the report of the commihee agreed to and the bills lost, to- wit :
A bill to repeal the act for the revision of the jury boxes, approved October 17, 1879.
Also, a bill to provide for the payment of the bonds of the city of Macon, known as the "annuity bonds."
Also, a bill to protect children from demoralizing influences.
Under a suspension of the rules, Mr. Branson introduced the following bill, which was read the first time and referred to the Committee on Finance, to-wit: By Mr. Branson-
A bill to provide for the sale of the Western and .Atlantic Railroad.
By permission of the House, Mr. Barrow withdrew House bills No. 36 and No. 491.
Leave of absence was granted to Mr. Walker of Berrien, Mr. Dyer, Mr. Feagan, Mr. Youngblood, Mr. Render, Mr. Quillian, Mr. Scruggs, and Mr. Walker of Jasper, on business, and to Mr. McClellan on account of sickness in his family.
The House then adjourned till 9 o'clock a. m., to.morrow.

294

JOURNAL OF THE HOUSE,

ATLANTA, GEORGIA,
Friday, July 29, 1881.
The House met pursuant to adjounment, was called to order by the Speaker and opened with prayer by the Chaplain.
The roll was called and a quorum found to be present.
Mr. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.

By permission of the House, Mr. Glover withdrew House bill No. 660.

By a two-thirds vote-yeas 94, nays none-the fol-

lowing bill wasintroduc<>d, and by a two-thirds vote-

yeas 92, nays none-read the first time and referred

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

By Mr. Glover-



A bill to authorize the County Commissioners of

Twiggs county to purchase property offered for sale

for ~tate and county taxes due in said county, and for

other purposes therein named.

By permission of the House, Mr. Anderson, of Cobb, withdrew House bill No. 781.

By a two-thirds vote-yeas 92, nays none-the following bill was introduced, and by a two-thirds voteyeas 94, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr_ Sapp-
A bill to amend an act to prohibit the killing of partridges, wild turkey and deer, at certain St>asons, in the counties of Lowndes, Thomas and Putnam, approved February 28, 1876, so far as the same relatesto the county of Thomas, by prohibiting the snaring, killing or trapping of more than twenty-five partridges in one day.

FRIDAY, JULY 29, 1881

295

By a two-thirds vote-yeas 91, nays none-the following bill was introduced, and by a two-thirds voteyeas 98, nays none-read the first time and referred to the Committee on Temperance, to-wit: By Mr. McLeod-
A bill to prescribe the mode of granting licPnse to sell intoxicating liquors in the county of Telfair; and also within the corporate limits of the incorporated towns in said county, and to prescribe a fee of five thousand dollars for the same.
The following bill was read the first time and referred to the Special Committee on the Judiciary, to wit: By Mr. McLeod-
A bill to confer upon conductors upon the several railroads of this State, the power to act as Sheriffs upon their trains in the several localities through which they may pass with their trains in this State, so far as arrest for breech of the peace, or improper conduct.
By a two-thirds vote-yeas 101, nays none- the following bill was introduced, ani! by a two-thirds voteyeas 90, nays none-read the first time and referred to the Committee on Agriculture, to-wit: By Mr. Edwards-
A bill to prohibit hunting or fishing on the lands of another in the county of Tatnall, and to dt->fine who shall prosecute, and to prescribe a punishment for a violation.
The following bill was introduced, read the first time and referred to the Committee on Agriculture, towit: By Mr. Twiggs-
A bill to extend the provisions of sections 1449, 1450, 1451, 1452, 1453, 1454 of the Code, which relate to the fence and stock laws of this State, and to make the provisions of tlle same applicable to militia districts, and

296

JOURNAL OF THE HoUSE,

to provide for the erection of fences around county and militia district lines, and to amend section 1455 of the Code.
By permission of the House, Mr. Crumbley withdrew House bill No. 683.
UndPr the suspension of the rules the following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 96, nays none-to-wit:
.A bill to repeal an act to organize a County Court for the county of Randol;'h. approved February 21, 1876, and for other purposes;
The following bills were introduced, read the first time and referred to the Special Committee on the J udiciarv, to- wit :
By Mr. FlyntA bill to require inn-keepers, proprietors of theatres
and factories, to keep safety ropes for escape in case of fire, to provide a penalty, and for other purposes.
By a two-thirds vote-yeas 94, nays none- the following bill was introduced, read the first tim!:', and by a two-thirds vote-yeas 89, nays none-referred to the Committee on Railroads, to-wit: By Mr, Middlebrook-
A bill to authorize the survey, building and equipping a railroad from Covington, Newton cuunty, Georgia, to the Ocmulgee river, to be known as the Covington a11d Ocmulgee River Railroad Company.
By a two-thirds vote--yeas 95, nays none-the following bill was introduced, and by a two thirds voteyeas 96, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Spence-
A bill to amend the charter of the town of Camilla.

FRIDAY, JULY 29,1881.

297

The following bill was introduced, read the first time and referred to the Committee on Penitentiary, to-wit: By Mr. Johnson, of Lee-
A bill to provide for the furnishing convicts discharged from the penitentiary with a suit of citizens' clothes, five dollars in money, transportation, etc.
By permission of the House, Mr. Silman withdrew House bill No. 280.
By a two-thirds vote-yeas 98, nays none-the following bill was introduced, and by a two-thirds voteyeas 92, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit :
By Mr. SilmanA bill to require the Judge of the Superior Court for
the county of Jackson to have published in advance of the opening of the regular terms thereof the order in which he will take up the dockets of said court.
The following bills were introduced, read the first time and referred to the General Committee on the Judiciary, to-wit:
By Mr. SpearmanA bill to provide an additional and more speedy
remedy against trespassers upon the lands or premises .of another in such cases as are herein mentioned.
By Mr. WilkinsonA bill to require the registration of deeds and mort-
gages to realty where the record thereof has been lost or destroyed.
By Mr. Anderson, of CobbA bill to p1event the farming out of persons con
victed of misdemeanors where the offense charged is larceny.
By Mr. KeilA bill to repeal s~ction 829 of the Code, which re
fers to making tax returns of a minor or plantation on

298

J ouRNA.L oF THE Hou~E,

the line between two counties and in two or more countie!'.
By Mr. DuBignonA bill to change the time of holding the Superior
Courts in the county of Baldwin.

Mr. Stanford, chairman of the Committee on Tem-perance, submitted the following report :
Mr. Speaker :
'fhe Committee on Temperance have had under consideration the following local bills, which they recom. mend do pass, to.wit:
A bill to prevent the sale of intoxicating liquors within three miles of Pisgah and Mount Pleasant churches, in the 855th district, G. M., in Floyd county.
Also, a bill to prohibit the sale of spirituous or intoxicating liquors of any kind within two miles of the Baptist and Methodist churches in the village of Long Cane, in the county of Troup.
Also, a bill to prohibit the sale of liquors at Delhi, in wilkes county, Ga., and within a radius of four miles thereof.
The committee have considered the following bills, which they recommend do pass by the consolidated bill herewith submitted, as a substitue for bill No. 354, to-wit:
A bill to prohibit the sale of intoxicating spirits within three miles in every direction from Shiloh Baptist church, in 1079 district, G. M., county of Polk.
Also, a bill to prohibit the sale of intoxicating spirits within three miles in every direction from the Bethlehem Baptist church, in 1074 district, G. M., county of Polk.
The committee recommend that the following bill do pass; as amended, to wit:
A bill to pro}libit the sale of intoxicating, malt or

FRIDAY, JULY 29, 1881.

299'

vinous liquors within the town of Lutherville, Meriwether county.
The committee recommend that the tollowing bill do pass, by substitute, tu-wjt:
A bill to fix the liqnor license for all dealers, in the county of Montgomery.
The following bill is returned, with recommendation that the introducer be allowed to withdraw, towit:
.A bill to prohibit the sale of spirituous liquors within the limits of the town of Marietta, in the county of Cobb.
The proper legal notices required by law were examined as to each of bills herewith returned and found correct.
Respectfully submitted, L. L. STANFORD, Chairman.
Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker :
The Committ<=Je on EnrollmPnt report as du.ly enrolled and ready for the signature of the Speaker of the House of Representatives the following acts, towit:
An act to provide for the sales made under and by
virtue of any fl. fa. or other process issued from the
County Courts of this State. Also, an act to repeal an act to create and organize
a County Court for the county of Habersham, in this State, approved February 28, 1876, .and all acts amendatory thereof, and to abolish the County Court of Habersham county.
Also, an act to repeal the acts entitled an act to create a Board of Commissioners of Roads and Revenue tor the county of Milton, one of which was approved October 26, 1870, and the other January 20, 1H72.

~00

JouRNAL oF THE RousE,

Also, an act to repeal an act to amend an act to create a Board of Commissioners of Roads and Revenues of the county of Baker, approved February 26, 1875, said amending act having been approved February 28, 1877, to appoint a Board of Commissioners for said county in lieu of those now holding office as such.
Also, an act to require Ordinaries, Commissioners and other persons having charge of county finances to furnish dockets to Justices of Peace and Notaries Public, who are ex-officio Justices of the Peace, and to provide for the preservation of same.
Also, an act to alter and amend an act to provide for a County Board of Commissioners for the county of Mitchell, and define the powers and duties thereof, approved February 20, 1873, so as to regulate the pay of the Clerk of said Board.
Respectfully submitted, J. L. SwEAT, Chairman,

Mr. Smith, chairman of the Committee on Agriculture, submitted the fol1owing report:

Mr. Speaker:
The Committee on Agriculture have had under consideration the following bill, which they have instructed me to report back, with the recommendation . that it do pass as amended, to-wit:
A bill to prevent fraud in the sale of nursery stock in the State of Georgia.
Also, the following bills, which they recommend do pass by substitute, to-wit:
A bill to amend an act relating to fences and stock, and for the protection of crops, approved August 26, 1872, and embodied in the Code from section 1449 to 1455, inclusive.
Also, a bill to amend section 7 of an act relating to fences and stock, and for the protection of crops, ap-

FRIDAY, JULY 29, 1881.

301

proved August 26, 1872, by striking out the word "July" and inserting "October.".
Respectfully submitted, J. M. SMITH, Chairman.

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 bill, which they recommend do pass, towit:
.A bill to authorize the wife to waive her right to dower and year's support, and the right of her children to a year's support in the property of her husband, and for other purposes.
The following bills they recommend do not pass, towit:
.A bill to authorize Ordinaries and County Commissioners to sell to the highest bidder, insolvent tax
fi t"as.
.Also, a bill to provide compensation for managers and clerks of elections.
The following they recommend be referred to the Committee on the Lunatic Asylum, to-wit:
A bill to repeal an act to prescribe how lunatics, idiots, epileptecs and demented inebriates may be admitted into, and discharged from the Lunatic .Asylum, and for other purposes.
The following bills they recommend the introducers have leave to withdraw, to-wit:
.A bill to refund tax to transferees of fi.fas. against wild lands for the tax of 1874, 1875, 1876 and 1877, and for other purposes.
.Also, a bill to amend an act entitled an act to authorize the lease or sale of the Macon and Brunswick

so2

JouRNAL oF THJ<~ HousE,

Railroad, to confer certain chartered powers and priv-
ileges upon the lessees of said road, and for other pur-
poses
The following resolution they recommend be concurred in by the .Honse, to-wit:
A resolution providing for the pay of the Sergeantat-Arms of the joint committee to investigate the lease of the Western and Atlantic Railroad.
The following resolution they recommend do not pasH, to- wit :
A resolution providing that the Governor be authorized to purchase from James P. Harrison & Co. 300 copies of the public laws passed by the General Assembly at the session of 1880.
Respectfully submitted,
A. L. MILLER, Chairman pro tem.

The following bills were introduced, read the first time and referred to the Committee on Finance, towit:
By Mr. PattersonA bill to appropriate money to refund double taxes
illegally collected by the State of Georgia from the Westchester Fire Insurance Company of New York.
Also, a bill to appropriate money to refund double taxes illegally collected by the State of Georgia from the Williamsburg City Fire Insurance Company of New York.
Also, a bill to appropriate money to refund double taxes illegally collected by the State of Georgia from the Phamix Fire Insurance Company of Brooklyn, New York.
Also, a bill to appropriate money to refund triple taxes illegally collected by the State of Geogia from the Pennsylvania Fire -Insurance Company.
Also, a bill to appropriate money to refund double taxes illegally collected by the State of Georgia from

FRIDAY, JULY 29, 1881.

303

the German-American Insurance Company of New York.
The following bill was introduced, read the first time and referred to the Committee on the Penitentiary, to-wit: By Mr. Jackson, of Carroll-
A bill to provide for the better inspection, management and control of the penitentiary convicts of this State.
By a two-thirds vote-yeas 91, nays none-the following bill was introduced, and by a two-thirds vote -yeas 92, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Wilson, of Camden-
A bill to repeal an act to amend an act to incorporate the town of St. Mary's, and the several acts amending the same, approved March 4, 1875.
The following bill was introduced, read the first time and referred to the Committee on Education, towit: By Mr. DuBignon-
..A. bill to appropriate the fund arising from the hire of penitentiary convicts in this State to the support of the University of Georgia and the Atlanta University, .and for other purposes.
By permission of the House, Mr. Keil withdrew House hill No. 155.
The following bill was read the third time, the repo"rt of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 96, nays none-to-wit:
..A. bill to provide for the paym.ent of the debt of Clarke county, and to meet the annual current expenses of said county.
The following bill was read the third time, the report of the committee was agreed to, and the bill

304

JouRNAL OF THE HousE,

passed, by substitute, by the requisite constitutional majority-yeas 93, nays none-to-wit:
A bill to provide compensation tor jurors serving in County Courts in this State.
The House went into Committee of the Whole House.
Mr. Jackson, of Richmond, 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 resolution to i:ippropriate money for the purchase of a number of copies of the Analytical Index to the Supreme Court Reports, prepared by N. E. Harris, which they have instructed me to report back, with the recommendation that it do pass, as amended.
The report of the committee was agreed to, the resolution read the third timP, and on the question of the passage of the resolution the yeas and nays were required, and on calling the roll the vote was as follows, to wit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Bacpn of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bird, Branch, Branson, Brewer, Burch, Cameron, Christie, Clark, Coffin, Crozier, Crumbley, Davis of Lumpkin, Dial, DuPree of Macon, DuPree of Pike, Dykes, Edwards, Estes, Flynt, Foster, Fuller, Garrard, Gaskins, Glover, Goodrich, Hagen, Hale, Hammond, Harrell, Heard, Hill, Hillyer, Hutchins, Jack son of Carroll, Ja.ckson of Richmond, James, Janes, Johnson of Johnson, Johnson of Lee, Jones of DeKalb, Kdl, Kennedy, Kimsey, Lamb, Lester, Lewis, Little, Martin of Houston, Martin of Talbot, Mays of Butts, McAllister, McBride, McCants, Mcintosh, McKinney, McLeod, Middlebrook, Miller, Mitchell,

FRIDAY, JULY 29, 1881.

305

Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, N orthen, Park, Patterson, Peek, Polhill, Post, Price, Rainey, Reese, Render, Rice, Robins, Roney, Sapp, Singleton, Silman, Spence, Spearman, Stanford, Strother, Sweat, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Whittle, Williams, Wilkinson, Wilson of Bulloch, Wilson of Greene, Wingfield, Wright, Youngblood, Zachry-110.

Those voting in the negative are Messrs.-
Bennett, Broyles, Carithers, Daniel, Denton, DuBignon, Henry, Hester, Hightower of Early, Hunt, Julian, Lonnon, McClure, Orr, Palmour, Rankin, Rawlins, Ritchie, Smith of Union, Walker of Crawford, Wheeler-21.

Those not voting are Messrs.-
Anderson of Newton, Arrington, Brinson, Bull, Carter, Cook, Crawford, Davis of Habersham, Day, Dyer, Farnell, Feagin, Fordham, Gray, Hall, Harp, Heath, Hightower of Stewart, J emism, Jones of Baker, Lamar, Maddox, Mathews, Mays of Richmond, McClellan, McLucas, Perkins, Quillian, Sellars, Scruggs, Shockley, Smith of Oglethorpe, Stapleton, Story,Summerlin, Sumner, Walker of Berrien, Walker of .J asper, Willingham, "\Vilson of Camden, Winslow, Withrow, Zellars, Mr. Speaker-44.

So the resolution was agreed to.
The following bill was read the third time, the report of the committee was agret>d to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 92, nays none-to-wit:
A bill to amend an act to incorporate the Gainesville, Jefferson and Southern Railroad Company, and for other purposes therewith connected, approved
20

:306

JouRNAL OF THE HousE,

August 23, 1872, so as to authorize said company to proceed at once to build a branch of their road from a point near the line between the counties of Hall and .Jackson to Monroe, in Walton county, or Covington, in Newton county, or some other point on the Georgia. Railroad to be selected, and to issue bonds of said -company to raise money to iron and equip said road .and branch, and to secure the same by mortgage.
Mr. Jackson, chairman of the Committee on the Public Library, submitted the following report:

Mr. Speaker :
The Committee on the Public Library has bad under consideration the following, resolution which they recommend do pass, to-wit
A resolution providing that hereafter the State Librarian shall not loan any book belocging to the State Library to any person to be used and .removed from the limits of the capitol building.
Respectfully submitted, DAVENPORT JACKSON, Chairman.

Bypermission of the House, Mr. Jackson, of Richmond, withdrew Honse bill No. 268.
By a two-thirds vote-yeas 97, nays none-the following bill was introduced, and by a two-thirds vote -yeas 94, nays none-read the first time and referred to thP CPmmittee on Railroads, to-wit:
By Mr. Jackson, of RichmondA bill to incorporate the Richmond County Rail-
road.
By permission of the House, the following bills were withdrawn, to-wit:
By Mr. Patterson, House bills No. 133 and No. 289. By Mr. Whittle, House bill No. 329.
House bills No. 8 and No. 147 were laid on the table ; also, House bill No. 2~5.

FRIDAY, JULY 29, 1881.

307

The following resolution,adverse1y reported upon by the Committee on Finance, was read the second time, the report of the Committee was agreed to and the resolution disagreed to, to-wit:
.A resolution to authorize the Governor to purchase for the use of the General .Assembly, three hundred 'Copies of the published acts of the session of 1880.
The following resolution was read the second time, to-wit:
.A resolution to authorize the Treasurer of the State to pay the Sergeant-at-Arms of the Committee to investigate the lease of the \Vestern and .Atlantic Railroad for services and expenses.
The following bills were read the second time, towit:
.A bill to allow the Mayor and Council of .Athens to use the money set a"ide last year for the purpose of building cisterns, to pay the appropriation made to the Pioneer Hook and Ladder Company, for the purchase of a lot upon which to locate their hall, and for other purposes.
.Also, a bill to prevent the sale of intoxicating liquors within three miles of Pisgah and Mount Pleasant .churches, in the 855th district, G. M., of Floyd county, and to provide a penalty.
.Also, a bill to amend the act incorporating the Stone Mountain Granite and Railway Company, and to .confer upon the same certain rights, powers, privileges, and for other purposes therein named, approved October 26, 1870.
.Also, a bill to appropriate the sum of three thou-sand dollars to the Trustees of the Deaf ll.nd Dumb .Asylum, for the purpose of fitting up a number of rooms in the building for colored mutes at Cave Spring, and to make other improvements and repairs as set forth in the official report of said Trustees to the Governor, for the year 1880, and also the further sum.

308

JouRNAL OF THE HousE,

of five thousand doilars per annum for support of said colored mutes.
Also, a bill to appropriate money to pay I. Y. Sawtell for attendance as witness before the Joint Wild Land Committee at the last session of the General Assembly:
Also, a bill to allow certain pupils to attend the deaf and dumb asylum as day-scholars.
Also, a bill to prohibit the sale of intoxicating spirits within three miles in every direction from the Bethlehem Baptist church in 1074th district, G. M., Polk county.
Also, a bill to prohibit the sale of intoxicating spirits within three miles in every direction from the Shiloh Baptist church in 1079th district, G. M., county of Polk.
Also, a bill to change section 4109 of the Code to provide for post mortem examinations, and for other purposes.
Also, a bill to repeal an act to fix the place for Sheriff's sale in the county of Baldwin, and for other purposes.
Also, a bill to amend the charter of the town of Louisville, Jefferson county, and to prohibit the sale of spirituouA liquors in said town.
Also, a bill to prohibit the buying, selling, delivering or receiving of any farm products therein specified between the hours of sunset and sunrise, in the county of Bibb, and for other purposes.
Also, a bill to create and organize a new Judicial Circuit of the Superior Courts of this t:-;tate.
Also, a bill to incorporate the Merchants and Planters' Steamboat Company.
Also, a bill to prohibit any person dealing in liquors from employing any minor to sell the same, and to prescribe a penalty.
Also, a bill to create a Board of County Commis-

FRIDAY, JULY 29, 1881

309

~ione:fs for Brooks county, prescribe the manner of their appointment, and for other purposes.
Also, a bill to incorpor~te the City Bank of Augusta.
The following bill was re-committed to the Committee on Education, to-wit:
A bill to provide a uniform system of text books for the public schools of this State.
Mr. Hammond, chairman of the Gener:tl Committee -on the Judiciary, summitted the following report, towit:

Mr. Speaker :
The General Committee on the Judiciary have had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to amend an act to amend and enlarge seetion 4310 of the Codf' of 1873, in relation to the punishment of persons convicted of misdemeanors, etc., approved August 11, 1879.
Also, a bill to authorize Boards of Commissioners of Roads and Revenues in certain counties to issue license to sell spirituous liquors, and to prohibit the Ordinaries in such counties from issuing the same.
The committee have also considered the following bill, which they recommend do pass, to-wit:
A bill to change the time for revising the jury boxes in this State.
The committee recommend that the following bill do pass, as amended, to-wit:
A bill to correct certain mistakes of reference in the lien laws of this State, as contained in sections 1978, 1987, 1992 and 1994 of the Code.
The committee recommend that the following bill do pass, by substitute, to-wit:
A bill to change the time of holding the Superior Courts for the county of Macon.

310

JouRNAL OI<' THE HousE,

The committee return the following bill, with therecommendation that the introducer be allowed to withdraw the same, to-wit:
A bill to provide for the levy and sale of property under execution, issued from the County Courts of this State.
Respectfully submitted, W. M. HAMMOND, Chairman.

Mr. Estes, chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker :
The Committee on Corporations have had under consideration the following bill, which I am instructed to report back to the House with the recommendation that it be referred to the Committee on Railroads, towit:
A bill to amend the charter of the Northeastern.. Railroad Company.
Respectfully submitted, J _ R EsTES, Chairman.

Mr. Polhill, chairman Special Committee on the Judiciary, submitted the following report :

Mr. Speaker:
The Special Committee on the Judiciary has had under consideration the following bills, which they recommend do pass, to-wit:
A bill to amend an act fixing the compensation allowed for feeding prisoners confined in Monroe county jail, approved February 21, 1876.
Also the following hills, which they recommend do pass, as amended, to- wit :
.A bill to prohibit the buying, selling, delivering orreceiving farm prodnets between certain hours, in Bibb county.

FRIDAY, JULY 29, 1881.

:nt

Also, a bill to increase the tax on liquor, in the county of Bryan.
Also, a bill to repeal the local road law of Bryan county, which was enacted in 18/3.
Also, the following bills, which they recommend introducer be allowed to withdraw, to-wit:
.A. bill to repeal an act approved September 25, 1879, in reference to the road laws of this State, so far as they rAlate to the county ot DeKalb.
Also, a bill to prescribe the method of granting license to sell spirituous or intoxicating Iiquors in the town of Eastman, Dodge county.
Also, the following bills, which they recommend do not pass, to-wit:
A bill to authorize the county of Dodge to levy a tax.
Also, a bill to repeal an act to revise the jury box and to establish a Board of Jury Commissioners, approved October 17, 1879, so far as the same relates to the county of Towns.
Respectfully submitted, J. H. PoLHILL, Chairman.

Mr. Hammond, for the Committee on Rules, sub-

mitted the following report :

Mr. Speaker :

The Committee on Rules have had under consideration the resolution on the subject of reading bills the

second time, and instruct me to report the same back,

with the recommendation that the same be adopted by

this House as one of its standing rules.

Respectfully submitted,

w. M. HAMl\IOND,

Acting Chairman Committee on Rules.

Mr. Estes, chairman of the Committee on Corporations, submitted the following report :
Mr. Speaker: The Committee on Corporations have had under

312

JouRNAL oF THE HousE,

consideration the following bill, which they recommend do pass, with an amendment, to-wit :
A bill to incorporate the Broad River Railroad Company, and for other purposes.
Respectfully E~ubmitted, J. B. EsTES, Chairman.

By permission, Mr. Martin, of Houston, withdrew House bill ~o. 331.
Honse bill No. 305 was, on motion of Mr. Sweat, laid on the table.
Mr. Miller offered thP following resolution, which was read and referred to the Committee on Rules, towit:
A resolution to read bills, adversely reported, by their titles and the name of the introducer;' unless required by some member that the entire bill be read.
The following bills, reported on adversely by the committee to which they were respectively referred, were read the second time, the report of the committee agreed to and the bill lost, to-wit:
A bill to prohibit the killing of wild deer and turkey in their raising season.
Also, a bill to prevent farming out or sub-letting of contracts to teach public schools.
Also, a bill to protect managers of elections held in this State.
Also, a bill to repeal the act to regulate legal advertising.
Also, a bill to altar an act to reduce and regulate the fees of Tax Receivers and Collectors, etc., approved September 26, 1879.
Also, a bill for the ownership of dogs, in the county of Washington.
Also, a bill to amend the act to authorize the issue of interest-bearing bonds, by the Mayor and Council

FRIDAY, JULY 29, 1881.

313

of the city of Macon, for refunding the present bonded debt.
Also, a bill to repeal an act to revise the jury-box, and to establish a Board of Jury Commissioners, approved October 17, 1879, so far as the same relates to the county of Towns.
Mr. Adderton offered a resolution that the House adjourn at 12m., to-day, untillO a. m. Monday.
Mr. Wheeler moved to table the resolution, and on this question, called for the yeas and nays; the call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Arrington, Awtry, Beatty, Bird, Branch, Brinson, Carithers, Christie, Clark, Coffin, Cook, Crumbley, Daniel, Day, Denton, Dial, DuBignon,DuPree of Pike, Dykes, Estes, Flynt, li""oster, Fuller, Gaskins, Glover, Hale, Hall, Hammond, Harrell, Heard, Henry, Hightower ot Stewart, Hill, Hutchins,Jemison, Julian, Keil, Kimsey, Lamb, Lester, Lewis, Little, Martin of Talbot, Mathews, Mays of Butts, McAllister, Miller, Mitchell, Milner, Moore of Taliaferro, Morrow, Nichols, Northern, Orr, Palmour, Park. Peek,. Polhill, Post,Pricf:',Quillian, Reese, Ritchie, Roney,Sapp, Sellars,. Singleton, Smith of Oglethorpe. Smith of Union, Spearman, Stanford, Story, Sweat, Thompson, "Turnipseed, Walker of Crawford, Wheeler, Whittle, Willingham, Wilkinson, Wilson of Camden, Wilson of Greene, Zachry-83.

Those voting in the negative are Messrs.-
Adderton, Anderson of Cobb, Barnes, Barrow, :Branson, Broyles, Burch, Crozier, Davis of Lumpkin, Edwards, Garrard, Goodrich, Hagen, Heath, Hester, Hightower of Early, Hillyer, Hunt, Jackson of Richmond,James, Janes, Johnson of Johnson,John-

314

JouRNAL oF THE HousE,

son of Lee, Jones of DeKalb, Kennedy, Lamar, Lounon, Martin of Houston, McBride, McCants, McClure,. Mcintosh, McLeod, Middlebrook, Moore of Hancock, Moore of Pierce, Patterson, Rainey, Rawlins, Render, Rice, Silman, Spence, Turner of Floyd, Turner of Monroe, Twiggs, Williams, Wilson of Bulloch, Wingfield-49.
Those not voting are Messrs.-
Anderson of Newton, Bacon of Chatham, Basinger,. Bates, Bennett, Brewer, Bull, Cameron, Carter, Crawford, Davis of Habersham, DuPree of Macon, Dyer, Farnell, Feagin, Fordham, Gray, Harp, Jackson of" Carroll, Jones of Baker, Maddox, Mays of Richmond, McClellan, McKinney, McLucas, Perkins, Rankin, Robins, Scruggs, Shockley, Stapleton, Strother, Summerlin,Sumner,Tharpe,Walker of Beqien, Walker of .Jasper, Winslow, Withrow, Wright, Youngblood,. Zellars, Mr. Speaker-44.

So the resolution was laid on the table.
By permission, Mr. Adderton withdrew House bill No. 357, and Mr. Jont>s of DeKalb, withdrew No. 292.
The following bill was made the special order for Friday next, immediately after the reading of the Journal, to- wit :
A bill to abol1sh the office of County Scho(!l Commissioners and to impose the duties of said office _on the Ordinary in each county.
On motion of Mr. Miller, the resolution in regard to reading the bills adversely reported on, was taken up, read and agreed to.
By permission of the House, Mr. James withdrew House bill No. 375, Mr. Rawlins withdrew House bill No. 172, Mr. Arrington withdrew House bill No. 384,. Mr. Keil withdrew House bill No. 376, Mr. Post withdrew House bill No. 378, and Mr. Gaskins withdrew House bill No. 545.

F.HIDA.Y, JULY 29, 1881.

315-

On motion of Mr. Stanford, the following bill was

laid on the table, to-wit :



A bill to provide for a local Board of Trustees for-

the Agricultural and Mechanical College of Hamilton.

By a two-thirds vote-yeas 99, nays none-the following bill was introduced, and by a two-t.hirds voteyeas 91, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Jones, of DeKalb-
A bill to repeal an act approved September 25, 1879, in reference to the road laws of this State, as far as relates to the county of DeKalb.

On motion of Mr. Sweat, the following Senate bill was taken up, read the first time and referred to the Committee on Railroads, to-wit:
A bill to amend an act to confer additional powers and privileges upon purchasers of railroads, under the provisions of an act to enable purchasers of railroads to form corporations and to I:'Xercise corporate powers, and to define their rights, powers and privile- _ ges, assented to February 29, 1876, by giving to said purchasers tim~ to finish said roads where the same are incomplete, said act approved December 5, 1878. This amendment to extend the time still further in which to complete said roads where the same are now incomplete.

On motion of Mr. Mathews, the rules were suspended and the following bill taken up and read the second time, to-wit:
A bill to amend an act relating to feMes and stock, and for the protection of crops, approved August 26, 1872, and embodied in the Code from section 1449, to 1455, inclusive.
Leave of absence was granted to Mr. McLucas, on account of sickness ; to Mr. McCants, Mr. Mathews, Mr. Rawlins, Mr. Julian and Mr. Hightower of Stewart, on account of sickness in their families; to Mr.

316

JOURNAL OF THE HoUSE,

Patterson, Mr. Nichols, Mr. Northern, Mr. Turnip. seed and Mr. DuPree of Macon, on account of business.
Mr. Janes moved that the House adjourn until 10 o'clock a. m., Monday, next.
Mr. Jemison called for the yeas and nays. Mr. Sweat raised the point of order that the .hour of adjournment had arrived.
The Speaker ruled the point well taken, .and the House adjourned till 9 o'clock to morrow morning.

ATLANTA, GEORGIA,
Saturday, July 30, 1881.
The Rouse met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found to be presE>nt.
Mr. Harrell, chairman of the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
Mr. Lester offered the following resolution, which was read and agreed to, to-wit:
A resolution, that the House adjourn to-day at 12 o'clock, noon, untillO o'clock, a. m., Monday.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed as amended, by the reqnisite constitutional majority-yeas 97, nays none-to-wit:
A bill to prohibit the buying, selling, delivering, or receiving of any farm products therein specified be-

SATURDAY, JULY 30, 1881.

317

tween the hours of sunset and su11rise in the county of Bibb, and for other purpose.

The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed as amended by the requisite constitutional m.ajority-yeas 94, nays none-to-wit:
A bill to allow the Mayor and Council of Athens to use the money heretofore set aside for the purpose of building public cisterns, to pay the appropriation made to the Pioneer Rook and Ladder Company, for .the purpose of purchasing lot upon which to locate their halt and for any other purpose connected with the fire department.

The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices reqnired by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 96, nays none-to-wit:
A bill to prevent the sale of intoxicating liquors within three miles of Pisgah and Mount Pleasant churches, in the 855th!district, G. M., of Floyd county, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 90, nays none-to-wit:
A bill to amend an act to incorporate the Stone Mountain Granite and Rail way Company, and to confer upon the same certain rights and powers and privileges, approved October 26, 1870.

The House went into the Commitee of the Whole House.

'318

JOURNAL OF THE HoUSE,

Mr. Rankin, chairman of the Committee of the Whole House made the following report:

Mr. Ffpeaker:
The Committee of the Whole House have had under consideration the following bill, to-wit:
A bill to appropriate the sum of three thousand dollars to the Trustees of the Deaf and Dumb Asylum, for the purpose of fitting up a number of rooms in the building for colored mutes at Cave Spring,_ and to make other improvements and repairs, as set forth in the official report of said 'rrustees to the Governor for the year 1880, and also the further sum of five thousand dollars per annum for support of said colored mutes, which they have instructed me to report back to the House with the recommendation that it do pass as :amended. The report of the commtttee was amended .and agreed to, and on the qllf~stion of the passage of the bill the yeas and nays were required to be record-ed, and on calling the roll, the vote was as follows, towit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bird, Branson, Brewer, Brinson, Bull, Carithers, Clark, Coffin, Cook, Davis of Habersham, Day, Dial, DuBignon, DuPree of Pike, Edwards, Estes, Flynt, Foster, Fbller, Garrard, Glover, Goodrich, Hall, Hammond, Harrell, Heard, Heath, Hester, Hightower of Early, Hill. Hunt, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Johnson of Lee, Jones of DeKalb, Keil, Kennedy, Kimsey, Lamb, Lannon, Lester, Lewis, Little, Martin of Houston, Martin of Talbot, Mays of Butts, McBride, McCiurP, Mcintosh, McKinney, McLeod, Mitchell, Milner, Moore of Hancock, Moore of Taliaferro, Morrow, Orr, Palmour, Peek, Perkins, Pol

SATURDAY, JULY 30, 1881.

319

hill, Post, Price, Rainey, Rankin, Reese, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Silman, Spearman, .Stanford, Story, Strother, Sweat, Turner of Monroe, Whittle, Wilkinson, Wilson of Camden, \Vilson of -Greene, Wingfield, Wright, Zachry, Zellars-101.

'fhose voting in the negative are Messrs.-
Arrington, Benllf~tt, Branch, Crawford, Crumbley, Daniel, Denton, Dykes, Gaskins, Henry, Miller, Smith of Union, Thompson, Walker of Crawford, Wheeler, Wilson of Bulloch-16.

Those not voting are Me8srs.-
Broyles, Burch, Cameron, Carter, Christie, Crozier, Davis of Lumpkin, DuPree of Macon, Dyer, Farnell, Feagan, Fordham, Gray, Hagen, Hale, Harp, Hightower of Stewart, Hillyer, Hutchins, ,Jones of Baker, Julian, Lamar, Maddox, Mathews, Mays of Richmond, McAllister, McCants, McClellan, McLucas, Middlebrook, Moore of Pierce, Nichols, N orthen, Park, Patterson, Quillian, Rawlins, Render, Scruggs, Shockley, Singleton, Smith of Oglethorpe, Spence, Stapleton, Summerlin, Sumner, Tharpe, Turner of Floyd, Turnipseed, Twiggs, \Valker of Berrien, \Valker of J aspt-r, Williams, \Villingham, Winslow, \Vithrow, Youngblood, Mr. Speaker-58.
So the bill was passed, as amended, by the requisite -constitutional majority.
The House went into Committee of the Whole House.
Mr. Milner, chairman of the Committee of the \Vhole House, submitted the following report :

..l:fr. Speaker :
The Committee of the Whole House have had un-der consideration-
A bill to appropriate the sum of fifty dollars to

320

JouRNAL oF THE RousE,

I. Y. Sawtell, due him for twenty-five days' attendance as witness under subpoena before the joint wild land committee at the last session of the General Assembly, which they l1ave instructed me to report back to the House, with the recommendation that it do pass, as amend end.
The report of the committee was agreed to, and on the question <If the passage of the bill the yeas and neys wne required to be recorded, and on calling the roll the vote was follows, to wit :

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Bacon of Chatham, Barnes, B1rrow, Basinger, Bates, Beatty, Bird, Branch, Branson, Brewer, Brinson, Broyles, Burch, Carter, Carithers, Christie, Clark, Coffin, Cook, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, DuBignon, DuPree of Pike, Dykes, Flynt, Fordham, Foster, Fuller, Garrard, Gaskins, Glover, Goodrich, Hammond, Heard, Heath, Hester, Hightower of Early, Hill, Hillyer, Hunt, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Johnson of Lee, Jones of DeKalb, Keil, Kennedy, Kimsey, Lamar, Lamb, Lannon, Lester, Lewis, Little, Martin of Houston, Martin of Talbot, McAllister, McClure, Mcintosh, McKinney, McLeod, Miller, Mitchell,. Milner, Moore of Hancock, Moore of Pierce, Morrow, Orr, Palmour, Peek, Polhill, Post, Rainey, Rankin, Ritchie, Robins, Roney, Sapp, Sellars, Silman, Smith of Union, Spearman, Stanford, Story, Strother, Sweat, Tharpe, Thompson, Turner of Monroe, Walker of Crawford, Whittle, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Wingfield, Zachry-108.

Those voting in the negative are Messrs.Bennett, Crawford, Day, Denton, Hall, Henry-6.

SATURDAY, JULY 30, 1881.
Those not voting are :Messrs.-
Bull, Ci:Lmeron, Dial, DuPree of :Macon, Dyer, Edwards, Estes, Farnell, Feagin, Gray, Hagen, Hale, Harp, Harrell, Hightower of Stewart, Hutchins, Jones of Baker, Julian, :Maddox, :MathRws, Mays of Butts, :Mays of Richmond, :McBride, :McCants, :McClellan, :McLucas, :Middlebrook, Moore of Taliaferro, Nichols, N orthen, Park, Patterson, Perkins, Price, Quillian, Rawlins, Reese, Render, Rice, Scruggs, Shockley, Sii;tgleton, Smith of Oglethorpe, Spence, Stapleton, Summerlin, Sumner, Turner of Floyd, Turnipseed, Twiggs, Walker of Berrien, Walker of Jasper, Wheeler, Williams, Willingham, Winslow, "Withrow, Wright, Youngblood, Zellars, Mr. Speaker-61.
So the requisite consitutional majority having voted in the affirmative, the bill was passed, as amended.
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 98, nays none-to-wit :
A bill to allow certain pupils to attend the Deaf and Dumb Asylum of this State as day-scholars, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the prvofs of the publication of the notices required by law were exhibited, and the bill passed, by substitute, by the requisite constitutional majority-yeas 93, nays none-to wit ~
A bill to prohibit the sale of intoxicating spirits within three miles in every direction from the Shiloh Baptist church, in 1079th district, G. :M., county of Polk.
On motion of :Mr. Janes, House bill No. 355, consolidated in the substitute for the bill above recited, was laid on the table.
The following bill was read the third time, the re21

322

JOURNAL OF THE HOUSE,

port 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 change section 4109 of the Revised Code, to provide for post mortem examinations, and for other purposes.
The following bill was read the third time, the report of the com:nittee was agreed to, and the bill passed, by substitute, by the requisite constitutional majority-yeas 89-nays none-to-wit:
A bill to prohibit any person or persons dealing in liquors in this State from employing any minor to sell the same, and prescribe a penalty therefor.
The following bill was read the third time, the report of the committee was agreed to, and the proofs of the publication of the notices required by law were exhibited, and the bill passed, by substitute, by the requisite constitutional majority-yeas 98, nays none-to-wit:
A bill to create a Board of County Commissioners for Brooks county, to prescribe the manner of the appointment of the members of such board, and for other purposes therein mentioned.

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

Mr. Speaker:
The Senate has passed the following Senate bills, in which they ask the concurrence of the House of Representatives, to-wit:
A bill to regulate the fees of the Ordinaries of this State, which was passed by a constitutional majority of yeas 27, n? ys none.
Also, a bill to re-apportion the House of Representatives of this State, which was passed by a constitutional majority of yeas 32, nays none.
Also, a bill to provide for the proper distribution of

S.ATURD.AY, JULY 30, 1881.

323

iines in all cases transferred to the County Court, in counties where there is no County Court with jurisdiction to try misdemeanors, which was passed by a -constitutional majority of yeas 28, nays none.
A.lso, the following House bills, to-wit: A. bill to exempt from jury duty all practicing den tists in this State, which was passed by a constitutional majority of yeas 24, nays 5. A.lso, a bill to amend an act entitled an act to provide for the creation of Boards of Commissioners of Roads and Revenues in the counties of Cobb, Dooly, Henry and Telfair, in this State, to prescribe their duties, etc., so far as said act applies to the county of Cobb, which was passed by a constitutional majority of yeas 30, nays none.
Mr. DuBignon, chairman of the Committee on Public Prop~->rty, submitted the following report, to-wit :
Mr. Speaker :
The Committee on Public Property have had under consideration the following bill, to-wit:
A. bill to be entitled an act to provide for the sale of certain public lands hereto reserved and set apart for ducational purposes, and for the disposition of the proceeds thPreof to the public schools, and for other purposes, which your committee report back, by substitute, with the recommendation that said bill and substitute be referred to the General Committee on the .Judiciary.
Respectfully snbmitted. J. G. DuBIGNON, Chairman.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report 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 incorporate the Merchants' and Planters' Steamboat Company.

324

JoURNAL OF THE ROUt-E,

Mr. Jemison gave notice that, at the proper time, he would move to reconsider the action of the House upon a bill to prohibit the employment of minors by dealers in liquor.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was ugreed to and the bill pasf'!ed, as amended, by the requisite constitutiOnal majority-yeas 89, nays none-to-wit:
A bill to repeal an act to fix the place for Sheriffs' sales in the county of Baldwin, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the noticPs required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 91, nays none-to-wit:
A bill to amend the charter of the town of Louisville, Jefferson county, and to prohibit the sale of spirituous liquors in said town.
The following bill was re-committed to the Committee on Banks, to-wit:
A bill to incorporate the City Bank of Augusta.

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
The Committ~e 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 aets, to-wit:
An act to alter and amend an act to provide for a County Board of Commissioners for the county of Mitclwll. and for other purposes.
Also. an act to reqnire Ordinaries, CommissionPrs or other persons having charge of county finances to-

SATURDAY, JULY 30, 1881.

325

purchase dockets for Justices of the Peace and Notaries Public, who are ex-officio Justices of the Peace, in this State.
Also, an act to provide for sales made under and by
virtue of any fl. fa. or other process issued from the
County Courts of this State. Also, an act to repeal an act to create and organize
a County Court for the county of Habersham, in this State, approved February 28, 1876, and all acts amendatory thereof, and to abolish the County Court of said county.
Also, an act to repeal the acts entitled an act to ereate a Board of Commissiom~rs of Roads and Revenue for the county of Milton, one of which was approved October 26, 1870, and the other January 20, 1872.
Also, an act to repeal an act to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Baker, approved February 28, 1877, to appoint a Board of Commissioners for said county in lieu of those now holding office as such.
Respectfully submitted, J. L. SWEAT, Chairman,

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 bill, which they recommend do pass, towit :
A bill appropriating twenty thousand dollars to the University of Georgia, to rebuild, and refurnish the North Georgia Agricultural College, at Dahlonega.
The following bills they recommend do not pass, towit:
A bill for the relief of J. E. McGuire, of Bartow county, and for other purposes.
Also, a bill to reguire fl.ll persons engaged in the

326

J OURN.AL OF THE HoUSE,

business of merchandise, and having a permanent place of business, and all other persons traveling from place to place, selling, or offering to sell by sample or otherwise, and having no permanent place of business, to pay a business tax.
Respectfully submitted, A. L. MILLER, Chairman pro tem.
Mr. Estes, chairman ot the Cummittee on Corporations, submitted the following report:
Mr. Speaker : The Committee on Corporations have had under con-
sideration the following bill, which they recommend do pass, to-wit:
A bill to amend the charter of the town of Decatur.
The committee have also had under consideration the following bill, which they recommend do pass, with amendments, to-wit:
A bill to amend the charter of the city of Macon, in the county of Bibb, by enlarging and extending the power and authority of the Mayor and Council of said city over the health thereof.
Also, a bill to incorporate the Rome Southern Railroad Company.
The committee have also had under consideration the following bill, which they recommend do pass, by a substitute, to wit :
A bill to amend an act incorporating the Gate City Street Railroad Company, approved September 26, 1879.
Tho proper proofs of intention to apply for the passage of all said bills, were presented to the Committee.
Respectfully submitted, J. B. EsTES, Chairman.
Mr. Polhill, chairman of the Special Committee on the Judiciary, submitted the following report :
.Mr. Speaker: The Special Committee on the Judiciary have had

SATURDAY, JULY 30, 1881.

~27

under consideration the following bills, which they recommend do pass, to-wit:
A bill to make it a misdemeanor for any person to set fire to the woods of another in the county of Clinch.
Also, a bill to relieve E. Polk, security on J ett Dobbs' forfeited bond, in Paulding Supt>rior Court.
Also, the following bills, which they recommend do pass, as amended, to-wit :
A bill to prohibit the sale of spirituous liquors in the 497th district, G. M., in the county of White.
Also, a bill to amend an act prescribing a method of granting license to sell spirituous liquors in the town of Eastman, county of Dodge.
Also, a bill to prohibit the sale of intoxicating liquors in any quantity within two miles of Prospect church, in the county of DeKalb.
Also, a bill to change the time of holding the Superior Court ofMitchell county.
Also, the following bills, which they recommend introducer be allowed to withdraw, to-wit:
A bill to define the authority of the Commissioners of Roads and Revenue of Glynn county.
Also, a bill to exempt CommissionPrs of Roads and R~venues and members of Board of Education for the county of Mitchell from road and jllly duty.
The following bill they recommend be referrecJ. to the Committee on Corporations, to-wit:
A bill to incorporate the Logansville Railroad Company.
Also, the following bills, which they recommend do not pass, to-wit:
A bill for the relief of J. B. Thombrough. Also, a bill to change the name of the Reform Medical College of Georgia, to that of the College of Amer ican Medicine and Surgery.

328

JouRNAL oF THE HousE,

Also, a bill to authorize the Commissioners of Roads and Revenues of Camden county to make a settlement with J. M. Arnow.
Also, a bill to suthorize the County Board of Education of the county of Burke, to pay Leroy A. Murphy balance due him for services rendered during the year 1871.
RespE'ctfully submitted, J. H. PoLHILL, Chairman.

The following bill was laid on the table, to-wit: A bill to create a new judicial circuit in this State.
On motion of Mr. Gaskins, the rules were suspended and the followiug bills read the second time, to-wit:
A bill to amend an act to 1ix the amount of license for selling or vending spirituous, intoxicating or malt liquors in the counties of Wayne, Liberty, Coffee and Appling in this State, and to prescribe a punishment for a violation of the provisions of this act, and for other purposes, by extending the provisons thereof for the county of Coffee, so as to include within the same any and all beers, ciders, bitters or nostrums, whether patentl-'d or not, and with or without a name, which, if taken in sufficient quantity, will produce intoxication.
Also, a bill to change the time of holding the Superior Courts of Montgomery county.
The House went into the Committee of the Whole House.
Mr. DuBignon, 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 resolution to authorize the Treasurer of the State to pay to the Sergeant-at-Arms of

SATURDAY, JULY 30, 1881.

329

the committee to investigate the lease of the Western and Atlantic Railroad, certain money for contingent expenses of said committee; they have instructed me to report the same back to thP- House, with the recommendation that it be agreed to. On the question of agreeing to the resolution, the yeas and nays were required to be recorded, and on calling the roll the vote was as foilows, to-wit:
Those voting in the affirmative are Messrs~
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Barnes, Barrow, Basinger, Bates, Beatty, Bird, Branch, Branson, Brewer, Brinson, Bull, Burch, Carter, Carithers, Christie, Clark, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Denton, Dial, DuBignon, DuPree of Pike, Dykes, Edwards, Flynt, Fordham, Foster, Fuller, Garrard, Gaskins, Glover, Goodrich, Hall, Hammond, Harrell, Heath, H~:>nry, Hester,Hightower of Early, Hill, Hillyer, Hunt, Jack son of Carroll, Jemis'm, Johnson of Johnson, .Johnson of Lee, Jones of DeKalb, Keil, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Martin of Houston, Martin of Talbot, McBride, Mcintosh, McKinney, McLeod, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Orr, Palmour, Post, Robins, Roney, Sapp, Sellars, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Story, Strother, Sweat, Thompson, Twiggs, "\Valkerof Crawford, Wheeler, Whittle, Wilkinson, Wilson of Bulloch, "\Vilson of Camden, 'Vright, Zellars-103.
Those voting in the negative are Messrs.-
Day, Lewis, Price, Rainey, Ritchie-5.
Those not voting are Messrs.-
Bacon of Chatham, Bennett, Broyles, Cameron, Coffin, DuPree of Macon, Dyer, Estes, Farnell, Feagin,

330

JouRNAL oF THE HousE,

Gray, Hagen, Hale, Harp, Heard, Hightower of Stewart, Hutchins, Jackson of Richmond, James, Janes, Jones of Baker, Julian, Little, Maddox, Mathews~ Mays of Butts, Mays of Richmond, McAllister, McCants, McClure, McClellan, McLucas, Middlebrook, Nichols, Northen, Park, Patterson, Peek, Perkins, Polhill, Quillian, Rankin, Rawlins, Reese, Rendert Rice, Scruggs, Shockley, Singleton, Stapleton, Summerlin, Sumner, Tharpe, Turner of Floyd, Turner of Monroe, Turnipseed, Walker of Berrien, Walker of .Jasper, Williams, Willingham, Wilson of Greene, Wingfield, Winslow, Withrow, Youngblood, Zachry, Mr. Speaker-67.
So the requisite constitutional majority having voted in the affirmativt;, the resolution was agreed to.
Leave of absence was granted to Messrs. Cameron, Hightower of Early, and Silman, on account of sickness in their familh~s, and to MesRrs. Hutchinst Turner of Floyd, and Zellars, on important business.

The House then adjourned till10 o'clock a. m. Monday.

ATLANTA, GEORGIA,
Monday, August 1, 1881.
The House met -pursuant to adjounment, was called to order by the Speaker and opened with prayer by Mr. Clarke of the House.
The roll was called and a quorum found to be present.
Mr. Harrell, from the Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal was then read and approved. Mr. Jemison moved to reconsider so much of the Journal of Saturday as relates to the action of the-

MONDAY, AUGUST 1, 1881.

331

House upon a bill to prohibit any persons from employing minors to sell liquor.
Mr. Wilkinson moved to lay the motion to reconsider on the table.
Mr. Middlflbrook called for the yeas and nays on the motion to table the motion to reconsider. The call was sustained, and om calling the roll, the vote was as follows, to-wit :

Those voting in the affirmative are Messrs.-
Anderson of Cobb, Awtry, Barnes, Bates, Beatty. Branch, Branson, Brewer, Broyles, Carter, Christie, Clark, Cook, Crozier, Crumbley, Davis of Lumpkin, Day, Denton, Dykes, Edwards, Fuller, Glover, Goodrich, Hammond, Heath, Hester, Hill, Hillyer, Jackson of Carroll, Johnson of Lee, Jones of DeKa.lb, Kennedy, Kimsey, Lonnon, Lester, J..ewis, Little, Martin of Talbot, McAllister, McClellan, Mclntosh,Miller,Mitchell, Milner, Moore of Pierce, Northern, Palmour, Park. Polhill, Post, Rankin, Rice, Ritchie, Sapp, Sellars, Smith of Union, Spence, Story, Strother, Sweat, Thompson, vValker of Berrien, wheeler, Whittle, Williams, "\Vilkinson, vVilson of Bulloch, "'Wilson of Camden, Wright-69.

Those voting in the negative are Messrs.-
Adderton, Anderson of Newton, Bacon of Chatham, Basinger, Brinson, Bull, Carithers, Coffin, Crawford, Daniel, DnBignon, Farnell, Feagin, Gray, Hagen, Hale, Hall, Harrell, Heard, Henry, James, Jemison, Johnson of Johnson, J oues of Baker, Keil, Lamar, Lamb, Maddox, McBride, Middlebrook, Price, Rainey, Reese, Singleton, Summerlin, Tharpe, Turner of Monroe, Walker of Crawford, "\Vilson of Greene, Wingfield-40.

Those not voting are Mt>ssrs.Arrington, Barrow, Bennett, Bird, Burch, Cameron,..

332

JOURNAL OF THE HoUSE,

Davis of Habersham, Dial, DuPree of Macon, DuPree of Pike, Dyer, Estes, Flynt, Fordham, Foster, -Garrard, Gaskins, Harp, Hightower of Early, Hightower ot Stewart, Hunt, Hutchins, Jackson of Richmond, Janes, Julian, Martin of Houston, Mathews, Mays of Butts, Mays of Richmond, McCants, McClure, McKinney, McLeod, McLucas, Moore of Hancock, Moore of Taliaferro, Morrow, Nichols, Orr, Patterson, Peek, Perkins, Quillian, Rawlins, Render, Robins, Roney, Scruggs, Shockley, Silman, Smith of Oglethorpe. Spearman, Stanford, Stapleton, Sumner, Turner of Floyd, Turnipseed, Twiggs, Walker of .Jasper, Willingham, Winslow, "\Vithrow, Youngblood, Zachry, Zellars, Mr. Speaker-66.
So the motion to lay the motion to reconsider on the table, prevailed.
By a two-thirds vote-yeas 92, nays none:_the following bill was introduced, and by a two-thirds voteyeas 105, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Denton-
A bill to ptevent the iloating of logs or timber through the Satilla bridge, near Jno. B. Cason's, in Ware county.
The following bill was introduced and read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Denton-
A bill to make it a misdemeanor for any person to obstruct the free passage of timber in rafts upon the the several water courses in this State, to provide a punishment therefor, and for other purposes.
The following message was received from the Senate through Mr. Harris, the Secretary thereof:
Mr. Speaker : The Senate has passed the following House bills,
to-wit: A bill to authorize the Commissioners of Roads and

MoNDAY, ..AuausT 1, 1881.

333

Revenues of Bakt:>r county to provide the paying off the outstanding debt of the county, by levying a tax of fifty per cent. on the State tax during the years 1882 and 1883, and for other purposes, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill to fix the compensation ot the Solicitor of the County Court of Richmond county, which was passed by a constitutional majority of yeas 29, nays none.
.Also, a bill to provide compensation for the Solicitor General of the vVestern Circuit for services in criminal cases in the county of Clarke, which was passed by a constitutional majority of yeas 28, nays none.
.Also, a bill as amended to amend an act entitled an act to incorporate the Gainesville, Jefferson and Southern Railroad Company, and for other purposes therewith connected, approved August 23, 1872, so as to authorize said railroad company to increase the number of its directors, to issue, or to ratify the issue of bonds, and to secure the same by a mortgage of its franchises and property, and to fix the principal office of said corporation, which was passed by a constitutional majority of yeas 30, nays none.
Also, the following Senate bills, in which they ask the concurrence of the House of Representatives, towit:
.A bill to amend section 3725 of the Code of 1873, and also to amend an act entitled an act to amend section 3725 of the Code of 1873, relative to the claim laws, approved February 17, 1877, which said section and act provides the oath for claimants, which was passed by a constitutional majority of yeas :JO, nays none.
.Also, a bill to amend section 4151 0f the Code of 1873, in reference to proofs of accounts inJustice Courts against non-residents, and to provide for the proof of all open accounts in Justice Courts, which was passed by a constitutional majority of yeas 31, nays none.

:334

JOURNAL OF THE HoUSE,

By a two-thirds vote-yeas 95, nays none-the following bill was introduced, and by a two-thirds vote -yeas 100, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Bull-
A bill to abolish the County Court of Troup county, and for other purposes.
The following bill was introduced, read the first time and referred to the General Committee on the Judiciary, to-wit: By Mr. W"ingfield-
A bill to make amendable affidavits to foreclose or defend any of the liens enumerated in part 2, title 3, chapter 2, article 5, sections 1974, 1975,1977, 197~, 1979, 1982, 1983, 1984 and 1985, of the Code of 1873.
The following bill was introduced, read the first time and referred to the Committee on Railroads, towit: By Mr. Crawford-
A bill to amend an act to provide for the regulation of railroad tariffs in this State, etc., approved October 14, 1879.
The following bill was introduced, read the first time and referred to the General Committee on the J uciary, to-wit: By Mr. Spence-
A bill to regulate the practice against officers of court.
By a two-thirds vote--yeas 92, nays none-the following bill was introduced, and by a two-thirds voteyeas 88, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Singleton-
A bill to extend the provisions of sections 1449, 1450, 1451, 1452, 1453 and 1454 of the Code to the 31st, 38th and 260th districts, G. M., in the county of Scriven, and for other purposes.

MONDAY, AUGUST 1, 1881.

335

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

Mr. Speaker :
The Senate has passed the following House bill, with amendments, in which the concurrence of the .House of Representatives is asked, to-wit:
A bill to amend, extend and enlarge the provisions of an act to enable the purchaser of railroads to form corporations and to exercise corporate powers and to define their rights, powers and privileges, approved February 29, 1876, etc., which was passed by a constitution majority of yeas 26, nays none-and I am directed to transmit the same forthwith to the House of Representatives.
Mr. James, chairman of the Special Committee appointed under resolution of the House to draft bills concerning the trouble and expense on local and special legislation in this State, beg leave to make the following report.

Mr. Speaker :
The above stated committee has had under consideration tht> matter concerning local and special legislation in this State, and after careful consideration of the same, and in view of the evil that now exists, and to remedy the same, your committee has drafted a bill to amend the Constitution on that subject, which is-
A bill to be entitled an act to amend the Constitution of 1877, by striking out paragraphs 15 and 16 of article 3, section 7, and to provide for the submi8sion of the same to the people by an election for- ratification or rejection, and for other purposes, which bill they herewith submit, and ask that the same may be read and referred to its proper committee.
All of which is respectfully submitted, J. S. JAMES, Chairman.

336

JouRNAL OJt' THE HousE,

Mr. Rankin, chairman of the Committee on Railroads, submitted the following report:
Mr. Speaker:
The Cnmn1ittee on Railroads have had under consideration the following bills, which I am instructed to report to the House, with the recommendation that they do pass, as amended, to-wit:
A bill to be entitled an act to incorporate the Cleveland and Lula Railroad Company, the 1oad to be constructed from some point at or near the junction of the Northeastern Railroad with the Air-Line Railroad, in Hall county, the most convenient and practicable route to Cleveland, in the county of White.
Also, a bill to be entitled an act to incorporate the Cincinnati and Georgia Railroad Company, and to define its rights, powers an.d privileges, and for other purposes.
Also, the following bill, which they have instructed me to report, with the recommendation that the introducer have ieave to withdraw, to-wit:
A bill to be en titled an act to repeal section five of an act to incorporate the Georgia Southern Railroad Company, and to grant certain powers and privileges to the same, and for other purposes, approved March 2, 1875.
Respectfully submitted, W. R. RANKIN, Chairman.

Mr. Sweat, chairman of the Committee on Enrollment,. submitted the following report:
Mr. Speaker:
The Committee on Enrollment report as duly enrolled and ready for signature of the Speaker of the House of Representatives, the following act, to-wit:
An act to exempt from jury duty all practicing dentists in this State.
J. L. SwEAT, Chairman.

MoNDAY, AuGusT 1, 1881.

337

The following bill was introduced, read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. JanesA bill to amend the Constitution of 1877, by strik-
ing out paragraphs 15 and 16 ot article 3, section 7, and to provide for the submission of the same to the people by an election for ratification or rejection, and for oth3r purposes.
By a two-thirds vote-yeas 100, nays none-the following bill was introduced, and by a two-thirds voteyeas 92. nays none-read the first time and referred to the Committee on Finance, to-wit: By Mr. Bacon, of Chatham-
A bill to repeal so much of the charter of the city of Savannah, and the acts amendatory thereof, as provides for the election of a jailor and the superintendance of the jail of Chatham county, by the Mayor and Aldermen of the city of Savannah. and to vest the management and care of said jail in the County Commissioners and Sheriff of Chatham county, under the general laws regulating county jails in this State:
By a two-thirds vote-yeas 92, nays none- the following bill was introduced, and by a two-thirds vote:reaEJ !);),nays :10ne-n:d thP first tjmc and refent'l1 to the Committee on Corporations. By Mr. Perkins-
A bill to repeal an act to incorporate the town of Lawtonville
The following bills were intr9d uct>d, read the first time and referred to the Committee on Agricnlturet to-wit: By Mr. Martin of Houston-
A bill to extend the Department of Agriculture by establishing County Boards of Agriculture, to provide the manner of their election, to prescribe their duties, and for other purposes.
22

338

JouRNAL Ol!' THE HousE_,

By Mr. PriceA bill to make it a misdemeanor for any person in
this State to violate any written contract for labor, and tv provide a punishment therefor.
Mr. DuBignon offered thefollowingresolution,which was read the first time and referred to the Committee on Finance, to-wit:
A resolution authorizing the Ron. D. M. Speer, State Treasurer, to sell sixteen Baldwi11. county bridge bonds to D. B. Sanford, Ordinary of said county.
Mr. Sweat o:ft'f~red the following resolution, which was read and agreed to, to-wit:
A resolution instructing the Committee on Finance to consider the question of taxation on sewing machine agents and dealers.
The following bill was read the third time, thereport of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 91, nays none-to-wit :
A bill to amend an act to fix the amount of license for selling or vending spirituous, intoxicating or malt liquors in the counties of Wayne, Liberty, Coffee and Appling, in this State, and to prescribe a punishment for a violation of the provisions of this act, and for other pu1 poses, by extending the provisions thereof tor the county of Coffee so as to include-within the same any and all beers, ciders, bitters or nostrums, whether patented or not, and with or without a name, which, if taken iu sufficient quantity, will produce intoxication.
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 9-!, nays none-to-wit:
A bill to change the time of holding the Superior Courts of Montgomery county.

MONDAY, AUGUST 1, 1881.

339

On motion of Mr. RicP, the following House bill, :amended in the Senate, was taken up and the Senate amendments concurred in, to-wit, No. 60H:
A bill to amend, extend and enlarge the provisions of an act to enable the purchasers of railroads to form Corporations and to exercise corporate powers and privileges, of February 29, 1876, whenever a majority in interest of said purchasers shall have complied with the provisions of section 1 of said act, and to confer additional powers to said corporators, and for other purposes.
On motion of Mr. Miller, the rules were suspended for the purpose of reading Senate bills the first time.
The following Senate bills were read the first time .and referred to the General Committee on the Judiciary, to-wit:
A bill to amend se~tion 3696 of the Code. Also, a bill to regulate the fees of the Ordinaries of this State, and provide for the payment of the same. Also, a bill to amend section 3725 of the Code of Georgia, and to amend an act to amend section 3725 relative to the claim laws, approved February 17, 1877, which said section and act provides the oath of claimants. Also, a bill to amend section 4151 of the Code of 1873, in reference to proofs of accounts in Justices' Courts against non-residents, and to provide for the proof of all open accounts in J ushce Courts. Also, a bill to require all conditional sales of per sonal property to be evidenced in writing. Also, a bill to amend section 2390 ofthe Code of1873, in relation to protest and appeal to thP Supf:'rior Court in cases for the processioning of lands, so as to provide that writs of possession shall be issued in conformity with the finding of the jury. Also, a bill to provide for the speedy foreclosure of mortgages on realty in certain cases where so agreed

340

JouRNAL oF THE HousE,

upon by the parties in the face of the mortgage contract.
Also, a bill to amend section 1312 of the Code of 1873, providing for the time of convening Presidential electors, by the Governor.
Also, a bill to authorize the Jury Commissioners of the various counties uf this State, when revising the jury-boxes, to drop from the list and exclude from the jury-boxes the names of all persons who from any cause are disqualified by law to serve as jurors.
Also, a bill to prescribe the fees of Sheriffs in this State, and provide for the payment of the same.
Also, a bill to regulate the testimony of physicians and surgeons.
Also, a bill to presr.ribe the fees of Clerks nf the Superior Court in this State, and to provide for the payment of the same.
Also, a bill to amend s~>ction 4612 of the Code of 1873.
Also, a bill to am .. nd section 4355 of the Code of 1873, which relates to the punishment for bestiality.
Also, a bill to declare that the wife shall be a competent witness against her husband upon the trial of the husband for any criminal offense committed, or attempted to have been committed, upon the person of the wife.
Also, a bill to provide for the proper distribution of fines in all cases transferred to the County Court in counties where there is no County Court, with jurisdiction to try misdemeanors.
Also, a bill to amend section 2048 of the Code of 1873.
The following Senate bill was read the first time, and ref.. rred to the Committee on Agriculture, to-wit:
A bill to prescribe and fix the legal weight of rough rice in this State.
The following Senate bills were read the first time,

MoNDAY, AuGUST 1, 1881.

341

and referred to the Committee on Education, to-wit: A. bill to more clearly define the meaning of section
20 of the public school act, approved August 23, 1872. Also, a bill to protect public, private and Sunday-
schools from disturbanPe, and tO punish those WhO unlawfully disturb the same.
Also, a bill to authorize the County Boards of Education, and the Boards of Education in the city of Savannah, and other cities of the State, to require scholars to be vaccinated before admission to the schools.
The following Senate bill was read the first time, and referred to the Committee on Temperance, to wit:
A. bill to make it a misdemeanor to carry to any place in this State, where people are assembled for Divine worship, or for Sunday-school, or for a Sun-day-school celebration, any intoxicating liquor, and to provide a punishment therefor.
The following SPnate bill was read the first time, and referred to the Committee on Finance, to-wit:
A bill for the more certain levy and collection of county tax in this State.
The following Senate bill was read the first time, and referred to the Committee on Apportionment, towit:
A bill to re-apportion the House of Representatives of this State.
The following Senate bills were read the first time, and referred to the Special Committee on the JudiCiary, to-wit :
A. bill declaring persons who cannot read and write incompetent to serve as election managers.
Also, a bill tJ make penal the intentional pointing or aiming of fire arms at another, whether loaded or .not.
Also, a bill to repeal an act to establish the State line between Georgia and North Carolina, so far as the same relates to the line between Rabun county, Geor-

342

JOURNAL OF THE HOUSE,

gia, and Macon county, North Carolina, and provide-

for the survey of the same.

.Also, a bill to provide for the service of notice in

writing of the time and plac~ of trial upon road de-

faulters.

'

.Also, a bill to provide for the collection of insolvent

tax executions

.Also, a bill to amend section 4540 of the Code of

1873, so far as to include servants or agents within the

provisions and penalties of said section.

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

.A. bill to define the offense of retailing spirituous liquors without having first taken the oath prescribed by law and without havin~ procured the license from the proper authorities, and to provide a penalty therefor.

The following Senate bill was read the second time,. to-wit:
.A. bill to regulate and restrict the rate of interest in, this State, and for other purposes.

The following House bills were taken up and the Senate amendments concurred in, towit:
A bill to amend the act incorporating the Gainesville, Jefferson and Southern Railroad Company, etc., approved .August 23, 1872.
Also, a bill to amend the act providing for a Board, of Commissione1s for the county of Cobb.

The following bill was read the second time, the report of the Committee on Finance adverse to the passage of the bill was 'lgreed to, and the bill lost, towit:
A bill for the relief of J. E. McGuire, of the county of Bartow.

The House then adjourned till 9 o'clock a. m., to morrow.

TuESDAY, AUGI'ST 2, 1881.

343

ATLANTA, GEORGIA,
Tuesday, August 2, 1881.
The House met pursuant to adjot1rnmE'nt, was c::~lled to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found to be presf'nt.
Mr. Heath, from the Committee on ,Journals, reported the Journal of yesterday examined and ap proved.
The Journal was then read and approved.

The foll.owing message was receivE'd from the Senate through Mr. Harris, the Secretary thereot:

Mr. Speaker:
The Senate bas passed the following bills of the House of Representatives, to-wit:
A bill to authorize the corporation of the city ot Sandersville to levy a tax for the purpose of establishing and maintaining public schools in said city, and for other purposes, which was passed by a constitutional majority of yeas 27, nays none.
Also, a bill to change the time of holning the t:;uperior Courts in the counties of Lumpkin and Dawson, in the Blue Ridge Judicial Circuit, so as to allow the county of Lumpkin, in said circuit, two weeks at each the spring and fall terms of said court, and for other purposes, which was passed by a constitutional majority-yeas 27, nays none.
Also, a bill to regulate the manner of letting out contracts to build or repair public bridges over water courses which divide one or more counties from each other, and to provide for the payment of the same when completed, which was passed by a constitutional majority-yeas 25, nays none.
Also, a bill to amend an act entitled an act to enable the purchasers of railroads to form corporations

344

JOURNAL OF THE ROUSE,

and to exercise corporate powers, and to define their rig-hts, powers and privileges, approved February 29, 1876, which was passed by a constitutional majority -yeas 24, nays none.
Also the following Senate resolution, in which they ask the concurrence of the House of Representatives, to-wit:
A resolution in relation to the articles of agreement between the commissioners of the States of Georgia and South Carolina, in regard to the bounding line between said States.
Also, the following Sem1te bill, in which the concurrence of the House of Representatives is asked, to-wit:
A bill to change the time of holding the Superior Court of Bulloch county, and for other purposes, which was passed by a constitutional majority-yeas 25, nays none.
The special order of the day was:then taken up, towit:
A bill to prohibit the granting by the courts of this State of more than two new trials to the same party, in any civil cause, tried in any of the court::; of this State.
The question being upon agreeing to the report of the Committee, adverse to the passage of the bill, upon the second reading of the bill.
Mr. Mitchell called for the previous question; the call was sustained and the main question ordered.
The report of the committee was agreed to, and the bill lost.
Mr. Miller, .acting chairman Finance Committee, submitted the following report:

Mr. Speaker :
The Committee on Finance has had under consideration the followin,~ bills, which they recommend do pass, to- wit :

TuESDAY, AuGusT 2, 1881.

~45

A Senate bill to fix a permanent tax on all circus companies exhibiting in this State.
Also, a bill for the more certain levy and collection of the county tax in this State.
Also, the following bill, which they recommend do pass, by substitute, to-wit:
A bill to compromise and adjust the claims due to Howard Van Epps for insolvent costs as Solicitor-General of the City Court of Atlanta, and that prope? notice of the intention to apply for the passage of such bill has been published as required by law.
Also, the following bill, which they recommend introducer be allowed to withdraw, to-wit:
A bill for the relief tf W. B. Thomas.
Also, the following bills, which they recommend do not pass, to-wit :
A bill to regulate the commissions of Receiver and Collector of Oconee county.
Also, a bill to increase the salary of the Governor. Also, a bill tJ increase the salaries of the officers of the Executive Department, the Judges of the Supreme and Superior Courts and the Attorney-General. Respectfully submitted,
A. L. MILLER, Acting Chairman.

Mr. Hammond, chairman of the Gener:tl Committee on the Judiciary, summitted the following report, towit:

Mr. Speaker :
The General Committee on the Judiciary have had under consideration the following bills, which they recommend d> not pass, to-wit:
A bill to extend the jurisdiction of the Justices of the Peace.
Also, a bill to repeal an act to amend section 1646 of

346

J OURN.AL OF THE HOUSE,

the Code, in relation to the fees of Solicitors-Generalt assented to October 16, 1879.
Also, a bill to repeal an act entitled an act to repeal section 4323 of the Code of 1873, to prescribe the punishment of persons convicted of murder, approved December 16, 1878.
Also, a bill to amend section 4372 of the Code of 1873.
Also, a bill to amend an act entitled an act to authorize married women to act as guardians of thf'ir minor children by their former husbands, approved February 28, 1876.
Also, a bill to alter and amend section 610 ot the Code of 1873, rPlating to persons subject to road duty.
The following bill is returned, with the recommendation that the introducer be allowed to withdraw the same, to- wit :
A bill providing extra compensation for the Clerks of the Superior Courts.
The committee return the following bill, with recommendation that it be referreil to the Committee on Finance, to-wit:
A bill to regulate aTJ.d restrict the rate of interest,. etc.
The committee return the following bill, for reference to the Committee on Temperance, to- wit :
A bill to alter and amend section 4575 of the Code of Georgia.
The committee have considered the following bill, which they recommend do pass, to-wit:
A bill to prevent Ordinaries, Clerks of Courts of Ordinary, Clerks of the Superior Courts and Judges of County Courts, in this State, from practicing law, or drawing or dictating pleadings, in their own Courts~
Respectfully submitted, W. M. HAliiMOND, Chairman.

TUESDAY, AUGUST 2, 1881.

347

Mr. N orthen, chairman of the Committee on Education, submitted the following report :

Mr. Speaker :
The Committee on Education have had under consideration the following bills, which they recommend do not pass, to-wit:
A. bill to be entitled an act to prohibit County School Commissioners from teaching public schools in this State, and for other purposes.
A.lso, a bill to be entitled an act to provide a uniform system of text-books for the use of the public schools of the State of Georgia.
The committee have also had under consideration the following bill, which they recommend be re-com mitted to the General Committee on the Judiciary, towit:
A. bill to be entitled an act to authorize the Town Council of the town of Reynolds, in Taylor county, to issue and sell bonds to build a school house in said town, and for other purposes.
The committee have also had under consideration the. following bill, which they recommend do pass, towit:
A. bill to be entitled an act to regulate the paying of the teachers of the public schools of this State.
Respectfully submitted, W. J. NoRTHEN, Chairman.

Mr. Estes, chairman of the Committee on Corporations, submitted the following report :

Mr. Speaker:
The Committee on Corporations have had under consideration the following bills, which they recommend do pass, to-wit:
A. bill to amend an act incorporating the town of

348

JOURNAL OF THE HoUSE,

Sharpsburg, in the ccmnty of Coweta, and. for other purposes.
Also, a bill to incorporate the town of Morrows, in the county of Clayton.
The committee have also had under consideration the following bills, which they recommend do pass, with certain amendments, to-wit:
A bill to incorporate the town of MeVille, in the counties of Telfair and Montgomery.
Also, a bill to incorporate the Mill Town Branch Railroad Company, and for other purposes.
Proper proofs of intention to apply for the passage of all said bills have been submitted to the committee.
The committee have also considered the following bill, which they recommend do not pass, to-wit:
A bill to incorporate the Hawkinsville and Florida Railroad Company.
Respectfully submitted, .J. B. EsTEs, Chairman.
1Ir. Polhill, chairman Special Committee on the .Judiciary, submitted the following report :
Mr. Speaker:
The Special Committee on the Judiciary has had under consideration the following bills, which they recomm~:>nd do pass, to-wit :
A bill for the protection of fish in Scriven county. Also, a bill to repeal the second section of an act to repeal an act approved February 27, 1877, to repeal an act to create a County Court in each county of this State, except certain counties therein named, approved January 19, 1872, so far as the same applies to the county of Dodge, and to abolish the County Court of Dodge county. Also, a bill to repeal an act to establish a Board of Commissioners of Re~enues, Roads, Bridges and Paupers for Murray county.

TuESDAY, AuGusT 2, 1881.

349

Also the following bill, which they recommend do pass, by substitute, to-wtt:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Chattooga, approved March 4, 1875.
Also the following bills, which they recommend introducer be allowed to withdraw, to-wit.
A bill to prevent the destruction of game in the county of Emanuel.
Also, a bill to make the Tax Collector of Dougherty county, Georgia, ex-officio Sheriff in certain cases.
Also, a bill to provide for the compensation of the Commissioners of Roads and Revenues for Dougherty county.
AI so, a bill to prevent seining in the waters of Little Canoochee, Big Canoochee, Little Ohoopie and Big Ohoopie rivers, in Emanuel county.
Also, the following bills which they recommend do not pass, to-wit:
A bill to provide for the creation of a Board of Commissioners of Roads and Revenues for the county of Habersham.
Also, a bill to establish a toll bridge over the Tallulah river, in Rabun county.
Respectfully submitted, J. H. PoLHILL, Chairman.

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

.iJ:fr. Speaker :
The Senate has passed the following House bill, to-wit:
A bill to amend an act entitled an act to incorporate the Gainesville, Jefferson and Southern Railroad Company, and for other purposes, which was passed by a constitutional majority of yeas 29. nays none-and I

350

JOURNAL OF THE H11USE,

am directed to transmit the same forthwith to the House of Representatives.
By permission of the House, bill ~ o. 297 was withdrawn by Mr. Barrow.
On motion of Mr. Barrow, the following bill was recommitted to the Committee on Railroads, to-wit:
A bill to amend the charter of theNortheastern Railroad Company.
Th~ following bill was read the third time, and the -proof~ of the publication of the notices required by law w~re exhibited, to-wit:
A bill to incorporate the Rome Southern Railroad Company, to build and operate its road from Rome, Georgia, Southward to the Florida line in the direction of St. Marks, Florida, with branches to Atlanta, Macon, Columbus and Brunswick, Georgia; to authorize said company to consolidate its road with any other railroad chartered by this State, the State of Tennessee or Florida, so as to make a continuous line from Chattanooga, Tenn., to St. Marks, Fla., and to grant certain powers and privileges to the same.
Mr. DuBignon moved to re-commit the bill to the Committee on Railroads. The motion did not prevail.
Mr. Jemison moved to lay the bill on the table, which motion did not prevail.
The amendments proposed by the committee were adopted, and on motion of Mr. Estes, the bill was made the special order for Thursday next, immediately after the reading of the Journal, and on motion of Mr. J emison, three hundred copies of the bill were ordered printed for thE- use of the House.
On motion of Mr. Kimsey, the following bill was taken from the table, read the third time, the report of the committee was agreed to, and the bill passed by the requisite constitutional majority-yeas 116, nays none-to-wit :

TuESDAY, .A.rGUST 2, 1881.

351

.A bill to create a new Judicial Circuit in this State, to be known as the Northeasterr. Circuit.
By a two-thirds vote-yeas 96, nays none- the following bill was introduced, read the first time, and by a two-thirds vote-yeas 101, nays none-referred to the Committee on Railroads, to-wit: By Mr. Carithers-
A bill to amend an act to incorporate the Walton Railroad Company, approved .August 27, 1872, and for other purposes.
By a two-thirds vote-yeas 91, nays none-the following bill was introduced, and by a two-thirds voteyeas 96, nays none-read the first time and referred to the Committee on Corporations, to- wit : By Mr. Render-
A bill to incorporate the Greenville and White Sulphur Springs Railroad Company, and for other purposes therewith connected, relating to the formation, organization, construction and operating said road.
Under a suspension of the rules, the following bill was introduced, read the first time and referred to the Committee on Agriculture, to-wit: By Mr. James-
A bill to make all corporations and companies selling fertilizers, manures and other articles usually sold to farmers and other persons, to warrant the same to be merc1antable and reasonably suited to the use or purposes intended, and to provide that no person can, by any contract, relieve or release said sellers from such warr-tnty, and for other purposes.
On motion of Mr. Milner, the following bill was taken up, read the second time and made the special order for Tuesday next at 10 o'clock a. m., to-wit:
A bill to provide for the better inspection, management and control of the convicts of this ~tate.
On motion of Mr. Martin, of Talbot, the following bill was taked from the table, to-wit:

352

J uURNAL oF THE Hou::-<E,

A bill to require that the Solicitors-General of the several circuits of this State shall he required to bring rules against attorneys at law in certain cases.
The report of the committee, adverse to the passage of the bill, was agreed to and the bill lost.
The following bills were read the second time, towit:
A bill to incorporate the Cleveland and Lula Railread Company, the road to be constructed from some point at or near the junction of the Northeastern and Air-Line Railroads, in Hall county, by the most convenient or practicable route to Cleveland,in the county of -White.
Also, a bill to appropriate the sum of twenty thousand dollars to the University of Georgia, to rebuild and refurnish the North Georgia Agricultural College at Dahlonega.
Also, a bill to fix a permanent tax on all circus companies exhibiting in this State.
Also, a bill to amend section 4565 of the Code, so as to include those counties where the authority to grant licenses to sell liquor is vested by law in the County Commissioners.
Al&w, a bill to change the time of revising the jury boxes in this State.
Also, a bill to declare the head of navigation of the Ocmulgee river, and to require all persons or companies owning or operating bridges across said river to construct suitable draws in said bridges for the passage of boats, and for other purposes.
Also, a bill to provide for the punishment of persons who, as the servant or agent of another, keep, employ, use, or preside, or deal, at any gambling table.
Also, a bill to amend the charter and change the several acts incorporating the town of Conyers_
Also, a bill fixing the license fee for the sale of spirituous, intoxicating and malt liquors in the county of

TUESDAY, AUGUST 2, 1881.

353

Clinch at fifteen hundred dollars, and for ot\er purposes.
Also, a bill to prohibit the sale of spirituous, intoxicating or malt liquors in the town of Stockton, Clinch county.
Also, a bill to make it a misdemeanor for any person to set tire to the woods of another in the county of Clinch, under certain circumstances therein described.
Also, a bill to repeal the 2d section of an act, approved February 27, 1877, to repeal an act to create a County Court in each county of this State, approved January 19, 1872, so far as the same relates to the county of Dodge, and to abolish the County Court of Dodge county.
Also, a bill to provide for the payment of a.ll manaagers of election and their clerks in this State.
Also, a bill to authorize the compromise and adjustment of the claims due Howard Van Epps for insolvent costs due him as Solicitor-General of the City Court of Atlanta, and to provide for the payment thereof.
Also, a bill to amend section 1950 ot the Code of 1873, which enumerates the obligations required to be in writing to bind the promissor, by adding thereto acceptances of hi1ls o: exchangP.

The following bills, rt>porteil upon llilvi>rsely by the committees to which they were resptldively referred, were read the second time, the report of the committee was agreed to, and the bills lost, to-wit:
A bill to declare the bridge of w. D. Young, across
the Tallulah river, a toll bridge.
Also, a bill to require Tax Collectors to receive jury scrip in payment of county taxes.
Also, a bill to declare labor tickets negotiable and collectable by the holder, notwithstandiug they are non-negotiable on their face.
Also, a bill to prescribe a uniform system of in23

:354

JouRNAL oF THE RousE,

strnction, and to secnrA uniformity in text books in

the public schools of this State.

Also, a bill to authorize certain officers and mem-

bers of the General Assembly to remain a certain time

after adjournment to bring up unfinished business.

Also, a bill to change the time of holding the elec-

tions for members of the General Assembly, Governor,

etc., and county officers to the 1st Tuesday in Novem-

ber.

Tho following bill was tabled, to-wit: A bill to exempt district school trustees from road duty.

By permission of the House, Mr. Davis, of Habersham, withdrew House bills No. 402 and No. 403, and Mr. Moore, of Pierce, withdrew No. 417.

The followin~ bill was taken up, to-wit:
A bill to legalize the action of the Board of Commissioners of Roads and Revenues of the county of Douglas in changing the size and shape of the courthouse square in Douglasville.

The Committee on Special J ndiciary reported adversely to the passage of the bill. On the quAstion of agreeing to the report of the committeE>, Mr. McBride called for the previous question. The call was sus tained and tht-> main question ordered, Mr. Turner, of Monroe, having the floor, as representing the committee, when the hour of adjournment arrived.

Leave of absence was granted to Messrs. Denton and Story on account of sickness in their families.

The use of the hall of the Honse of Repesentatives was tendered to the State B orticnltnral Society for 'Thursday afternoon.

The House then adjourned till 0 a. m. to-morrow.

WEDNESDAY, AUGUST 3, 1881.

355

ATLANTA, GEORGIA,
Wednesday, August 3, 1881.
The Rouse met -pursuant to adjounment, was called to order hy the Speaker and opened with prayer by Rev. E W. vVarren.
The roll was called and a quorum found to be pres.ent.
Mr. James, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.

Mr. Perkins, chairman Committee on the Lunatic Asylum, submitted the following report:

Mr. Speaker:
The Committee on the Lunatic Asylum have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to require the various counties of this State to pay from the treasuries of the respective counties of the State a part of the amount required to support persons committed to the lunatic asylum.
Also, the following bill, which they recommend do not pass, to-wit:
A bill to imburse counties in this State for expenses incurred in keeping 1u natics.
Respectfully submitted, E. A. P EHKINS, Chairman.

Mr. Stanford, chairman of the Committee on Tem-perance, submitted the following report :
Mr. Speaker : The Committee on Temperance have had under con-
sideration the following bills, which they recommend do pass, to- wit :
A bill to amend an act approved March 2, 1875, re-

356

JouRNAL oF THE HousE,

lating to the county of Butts, so as to make the same apply to the 218th, 119th and 220th militia districts of the county of Clarke.
Also, a bill to prohibit the manufacture or sale of spirituous or malt liquors within the limits of the county of Talbot, and to prescribe a penalty for a violation of the same.
Also, a bill to prohibit the sale of spirituous, vinous or malt liquors at any point within the 483d distr-ict, G. M., known as Howard's district, in Bibb county, within three miles ot any house of public religious worship or of any school house in said district, and to provide a penalty for the same.

The following bills have been considered, and the committee recommend that they do pass as amended, to- wit:
A bill to submit to the voters of Randolph county the question of granting license to retail spirituous and malt liquors in :,;a.iu county.
Also, a bill fixing the license for retailing spirituous liquors in the county of \Vashington, and for other purposes.
The proper legal notices were examined as to each ofthe foregoing bills and found correct.
Respectfully submitted, L. L. STANFORD, Chairman.

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker : ~
The Committee on Enrollment report as duly enrolled and ready for signature of the Speaker of the House of Representatives, the following acts, to-wit:
An act to fix the compensation of the Solicitor of the County Court ofRichmond county.

WEDNESDAY, AUGUST 3, 1881.

357

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

-corporate the Gainesville, Jefferson and Southern Rail-

road Company, and for other purposes therewith con-

nected, approved August 23, 1872, and for other pur-

poses.

Also, an act to authorize the Commissioners of Roads

and Revenues of Baker county to provide for paying

off the outstanding debt of the county by levying a

tax of fifty per cent. on the State tax during the years

1882 and 1883, and for other purposes.

Also, an act to amend, extend and enlarge the pro-

visions of an act, to enable the purchasers of railroads

to form corporations, and to exercise corporate pow-

ers and privileges, approved February 29, 1876, and

for other purposes therein mentioned.

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

vide for the creation of Boards of Commissioners of

Roads and Revenues in the counties of Cobb, Dooly,

Henry and Telfair, in this State, approved September

'29, 1879, so far as the same relates to the county of

Cobb.

Also, an act to provide compensation for the Solici-

tor-General of the Western Circuit, for services in

-criminal cases, in the county of Clarke.

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

ble the purchasers of railroads to form corporations,

and to exercise corporate powers and to define their

rights, powers and privileges, approved February 29,

1876.

'

Respectfully submitted,

J. L. SwEAT, Chairman.

The following mestaage was received from the Senate through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following House bill, to-wit:
A bill to amend the charter of the city of Griffin, so

358

JouRN.AL oF TilE HousE,

as to autho1ize the Mayor and Council to establish a system of public schools, and to provide revenue for the support of the same, and for other purposes, which was passed by a constitutional majority of yeas 27, nays none.
Also, the following Senate bill, in which they ask the concurrence of the House of Representatives therein, to-wit:
A bill to provide for the restoration of the last previous name of the wife in all divorce cases, now pending or herafter brought, wherein the wife may pray for the same, and a total divorce shall be granted, which was passed by a constitutional majority-yeas 28, nays none.
The first business in order was the special order, to-wit:
A bill to provide for a unitorn assessment of railroad property in this ::3tate, and for the collection andreturn of taxes thereon.
Mr. Bull proposed to amend the substitute by making the provisions applicable only to the railroads hereafter built. Withdrawn.
Mr. Hunt offered a resolution to re-commit the bill to the Committee on Railroads with instructions,which resolution was not agreed to.
Mr. Winslow called for the previous question; the call wa;.: sustained and the main question ordered.
Mr. Barrow called for a division of the question, and the substitute, proposed by the Committee on Railroads for the original bill, was taken up by sections.
The first section was adopted. 'l'he second section was adopted. 'fhe third section was adopted. The fourth section was adopted. The fifth section was adopted. The sixth section was adopted.

WEDNESDAY, AUGUST 3, 1881.
The substitute was adopted, the rt>port of the committee was agreed to, and the bill was read the third time.
On the question of the passage of the bill, by the substitute, Mr. Hunt asked for a division of the question, and the bill was put upon its passage by sections.
Mr. Barrow called for the yeat-i and nays on the first section ; the call was sustained, and on calling the roll the vote was as follows, viz :
Those voting in the affirmative are Messrs.-
Adderton, Anderson of Newton, Awtry, Earnest Barrow, Bates, Beatty, Bennett, Branson, Brewer, Brinson, Broyles, Carter, Carithers, Christie, Clark, Daniel, Davis of Habersham, Davis of V1mpkint Dial, DuPree of Macon, Dyer, Dykes, Eel wards, Estes, Farnell, Feagin, Flynt, Fordham, Poster, Fullert Garrard, Glover, Gray, Hagen, Hale, Harrell, Heath, Henry. Hester, Hunt, James, Janes, Johuson of Johnson, Johnson of Lee, Jones of DeKalb, Julian, Keil, Kennedy, Kimsey, Lamb, Lonnon, Little, Maddox, Martin of Talbot, Mathews, Mays of Butts, McAllister, McBride, McCants, Mclntvsh, McKinney, Middlebrook, Miller, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, N orthen., Orr, Palmour, Park. Peek, Perkins, Post, Rankin, Rawlins, Reese, Rice, Robins, Se1lars, Scruggs, Shockley, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Summerlin, Sumner, Tharpe, 'rlwmpson, Turner of Monroe, Walker of Crawford, "Wheeler, Whittle, Williams, Willingham, Wilkinson, \Vilson of Bulloch, Wilson of Camden, Wilson of Gret>ne, Wright, Zachry, Zellars-105.
Those voting in the negative are Messrs.-
Anderson of Cobh,Arrington,Bacon ofChatham,Basinger, Bird, Branch, Bull, Coffin, Cook, Crawford, Crumbley, Day, DuBignon, DuPree of Pike, Goodrich, Hall,

360

J OURN.AL OF THE HOUSE,

Hammond, Hill, Hillyer, Hutchins, Jackson of Richmond, Jemison, Jones of Baker, Lamar, Lester, Lewis, Martin of Houston, McClure, McClellan, McLeod, Mitchell, Morrow, Nichols, Patterson, Polhill, Price, Rainey, Render, Ritchie, Roney,. Sapp, Strother, Sweat, Turner of Floyd, Twiggs, Walker of Berrien, Walker of .Jasper, Wingfield, Withrow-49.

Those not voting are Messrs.-
Burch, Cameron, Crozier, Denton, Gaskins, Harp, Heard, Hightower of Early, Hightower of Stewart, Jackson of Carroll, Mays of Richmond, McLucas, Quillian, Singleton, Silm:tn, Stapleton, Story, Turnipseed, \Vinslow, Youngblood, Mr. Speaker-21.

So, the requisite constitutional majority having voted in the affirmative, so much of the bill as is contained in the first section was passed.
On the question of the passage of the second section, Mr. Barrow called for the yeas and nays. The call was sustained, and on calling the roll the vote was as follows, to- wit :

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Newton, Awtry, Bam~s, Bates, Bennett, Branson, Brewer, Brinson, Broyles, Carter, Carithers, Christie, Clark, Daniel, Davis of Habersham, Dial, DuPree of Macon, Dykes, Edwards, Estes, Farnell, Feagan, Fordham, Foster, Fuller, Garrard, Glover, Gray, Hale, Harrell, Heath, Henry, Hester, James, Janes, Johnson of Johnson, Johnson of Lee, Jones of DeKalb, Keil, Kennedy, Kimsey, Lamb, Lonnon, Little, Maddox, Mathews, Mays of Butts, McAllister, McBride, McCants, Mcintosh, McKinney, Miller, Milner, Moore of Hancock, Moore of Taliaferro, Orr, Park, Peek, Perkins, Post, Rankin, Raw lins, Rice, Robins, Sellars, Shockley, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford,

WEDNESDAY, AUGUST 3, 1881.

361

Summerlin, Sumner, Tharpe, Thompson, Walker of Crawford, Wheeler, Whittle, Williams, Willingham, Wilkinson, Wilson of Bulloch, \Vilson of Camden, Wilson of Greene, Wright, Zachry, Zellars-89.

'fhose voting in the negative are Messrs.-
Anderson of Cobb, Arrington, Bacon of Chatham, Barrow, Basinger, Beatty, Bird, Bull, Coffin, Cook, Crawford, Crumbley, Davis of Lumpkin, Day, DuBignon, DuPree of Pike, Dyer, Flynt, Goodrich, Hall, Hammond, Hill, Hillyer, Hunt, Hutchins, Jackson of Richmond, Jemison, Jones of Baker, Julian, Lester, Lewis, Martin of Houston, Martin of Talbot, McClure, McClellan, McLeod, Middlebrook, Mitchell, Moore of Pierce, Morrow, Nichols, N orthen, Palmour, Patterson, Polhill, Price, Rainey, Reese, Render, Ritchie, Roney, Sapp, Strother, Sweat, Turner of Floyd, Turner of Monroe, Twiggs, \Valker of Berrien, Walker of Jasper, Wingfield, Withrow, Youngblood-62.

Those not voting are Messrs.-
Brauch, Burch, Cameron, Crozier, Denton, Gaskins, Hagen, Harp, Heard, l!ightower of Early, Hightower of Stewart, Jackson of Carroll, Lamar, Mays of Richmond, McLucas, Quillian, Scruggs, Singleton, Silman, Stapleton, Story, Turnipseed, Winslow, Mr. Speaker-24.
So the requisite constitutional majority having voted in the affirmative, so much of the bill as is contained in th~ second section, was passed.
On the question of the passage of the third section, Mr. Miller called for the yeas and nays ; the call was sustained, and on calling the roll, the vote was as follows, to wit :

Those voting in the affirmaUve are Messrs.Adderton, Anderson of Cobb, Anderson of New-

362

JOURNAL OF THE HoUSE,

ton, Awtry, Barnes, Bennett, Branson, Broyles, Carter, Carithers, Christie, Clark, Daniel, Davis of Habersham, Davis of Lumpkin, Dial, DuPree of Macon, Dyer, Dykes, Edwards, Estes, Farnell, Feagin, Fordham, Foster, Fuller, Garrard, Glover, Gray, Hagen, Hale, Harrell, Heath, Henry, Hester, James, Janes, Johnson of Johnson, Johnson of Lee, Jones of DeKalb, KAil, Kennedy, Kimsey, Lamb, Lonnon, Little, Maddox, Mathews, Mays of Butts, McAllister, McBride, McCants, Mcintosh, McKinney, Miller, Milner, Moore of Hancock, Orr, Palmour, Park, Peek, Perkins, Post, Rankin, Rawlins, Rice, Robins, Sellars, Shockley, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Summerlin, Sumner, Tharpe, Thompson, \Valker of Crawford, Wheeler,
Williams, \Villingham, "'Wilkinson, Wilson of :Bulloch, "\Vilson of Camden, Wilson of Greene, Wright, Zachry-88.

Those voting in the negative are Messrs.-
Arrington, Bacon of Chatham, Barrow, Basinger, Beatty, Bird, Branch, Bull, Coffin, Cook, Crawford, Crumbley, Day, DuPree of Pike, Flynt, Goodrich, Hall, Hammonu, Hill, Hillyer, Hunt, Hutchins, Jack son of Richmond, J emis:m, Jones of Baker, Julian, Lester, Lewis, Martin of Houston, Martin of Talbot, McClure, McClellan, Mitchell, Moore of Pierce, Morrow, Nichols, Northen, Polhill, Price, Rainey, Reese, Render, Ritchie, Roney, Sapp, Strother, Sweat, Tur ner of Floyd, Turner of Monroe, Twiggs, Walker of Berrien, \Valker of Jasper, Wingfield, Withrow, Youngblood-55.

Those not voting are Messrs.-
Bates, Brewer, Brinson, Burch, Cameron, Crozier, Denton, DuBignon,[Gaskins, Harp, Heard, Hightower of Early, Hightower of Stewart, Jackson of Carroll, Lamar, Mays of Richmond, McLeod, McLucas, Mid-

WEDNESDAY, .AUGUST 3, 1881.

363:

dlebrook, Moore of Taliaferro, Patterson, Quillian, Scruggs, Singleton, Silman, Stapleton, Story, Turnipseed, Whittle, Winslow, Zellars, Mr. Speaker-32.

So the requisite constitutional majority having voted in the affirmative, so much of the bill as was contained in the third section was passed.
On the question of the passage.of the 4th section, Mr. Miller called for the yeas and nays ; the call was sustained.

By unanimous consent, Mr. Post moved to extend the time of the morning session until the consideration of this bill is finished, which motion prevailed.

On calling the roll on the question of the passage of the fourth section, the vote was as follows, viz :

Those voting in the affirmative are Messrs.-
Adderton,Awtry, Barnes, Bennett, Branch, Branson, Brewer, Brinson, Broyles, Carter, Carithers, Christie, Clark, Daniel, Dial, DuPree ot Macon, Dyer, Dykes, Edwards, Estes, Farnell, Feagin, Fordham, Foster, Fuller, Garrard, Glover, Gray, Hagen, Hale, Harrell, Heath, Henry, Hester, James, Janes, Johnson of John son, Johnson of Lee, Jones of DeKalb, Keil, Kennedy, Kimsey, Lamb, Lonnon, Little, Maddox, Mathews, Mays of Butts, McAllister, McBride, McCants, Mcintosh, McKinney, Middlebrook, :Miller, Milner, Moore of Hancock, Orr, Palmour, Park, Peek, Perkins, Post, Rankin, Rawlins, Rice, Robins, Sellars, Shockley, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Summerlin, Sumner, Tharpe, Thompson, Walker of Crawford, Wheeler, Whittle,Williams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Wright, Zachry-89.

Those voting in the negative are Messrs..Anderson of Cobb, Arrington, Bacon of Chathamr

364

JOURNAL OF THE HOUSE,

Barrow, Basinger, Beatty, Bird, Bull, Coffin, Cook, Crawford, Crumbley, Davis of Lumpkin, Day, DuPree of PikP, Flynt, Goodrich, Hall, Hammond, Hill, Hillyer, Hunt, Hutchins, Jemison, Jones of Baker, Julian, Lester, Lewis, Martin of Houston, Martin of Talbot, McClure, McClellan, McLeod, Mitchell, Moore of Pierce, Morrow, Nichols, Northen, Polhill, Price, Rainey, Reese, Render, Ritchie, Roney, Sapp, Strother, Sweat, Turner of Monroe, Twiggs, Walker of Jasper, Wingfield, \Vithrow, Youngblood-54.

Those not voting are Messrs.-
Anderson of Newton, Bates, Burch, Cctmeron, Crozier, Davis of Habersham, Denton, DuBignon, Gaskins, Harp, Ht->ard, Hightower of Early, Hightower of Stew art, Jackson of Carroll, Jackson of Richmond, Lamar, Mays of Richmond, MeLucas, Moore of Taliaferro, Patterson, Quillian, Scruggs, Singleton, Silman, Stapleton, Story, Turner of Floyd, Turnipseed, Walker of Berrien, Winslow, Zellars, Mr. Speaker-32.
So, the requisite constitutional majority having voted in the affirmative, so much of the bill as is contained in the fourth section was passed.
The fifth section was passed by the requisite constitutional majority-yeas 100, nays 26.
The sixth section was passed by the requisite constitutional majority-yeas 89, nays 31.
The title was passed by the requisite constitutional majority-yeas 90, nays 32-thus completing the passage of the entire bill by the requisite constitutional majority.
Mr. Northen offered the following resolution, which was read and agreed to, to- wit:
A resolution inviting Dr. J. L. M. Curry, of Richmond, Va., to address the General Assembly at 9 o'clock a. m. Friday next.
Leave of absence was granted to Messrs. Quillian

THURSDAY, AUGUST 4, 1881.

365

and Gaskins on account of sickness, and to Mr. Crawford on account of important business.
The House then adjourned till9 o'clock a. m. tomorrow.

ATLANTA, GEORGIA,
Thursday, .August 4, 1881.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Rev. l\fr. Kilpatrick.
The roll was called and a quorum found to be present.
Mr. Harrell, chairman of the Committee on Journals, reported the Journal of yesterday examined and ap proved.
The Journal was then read and approved.
Mr. DuBignon moved to reconsider so much of the Journal as relates to the action of the House upon the bill to provide for a uniform system of taxation of railroads.
Mr. Rankin moved to lay the motion to reconsider on the table, which motion prevailed.
Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
The Committ~e on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, President of the Senate, and delivered to the Governor, the following acts, to-wit:
An act exempting from jury duty all practicing dentists of this State.
.Also, an act fixing the compensation of the SolicitorGeneral of the County Court of Richmond county.

:366

JouRNAL OF THE HousE,

Also, an act to amend the act incorporating the Gainesville, Jefferson and Southern Railroad Company, approved August 23, 1872
Also, an act authorizing the Commissioners of Road~ and Revenu~s of Baker county, to provide for paying off the outstanding deht of said county.
Also, an act providing for the compensation of the Solicitor-General of the \Vestern Circuit for services in criminal cases, in the county of Clarke.
Also, an act repealing the act creating a Board of Commissioners of Roads and Revenues for the connties of Cobb, Dooly, Henry and Telfair, so far as relates to the county of Cobb, approved September 29, 1879.
Also, an act extending and enlarging the provisions of an act to enablH the purchasers of railroads to form corporations, exercise corporate powers, and for other purposes.
Also, an act to amend an act to enable the purchasers of railroads to form corporations, to exercise corporate powers and privileges, approved February 29,
1876. Respectfully submitted, J. L. SwEAT, Chairman.
Mr. Smith, chairman ofthe Committee on Agriculture, submitted the following report, towit:
Mr. Speah.er: The Committee on Agriculture have had under con-
sideration the following bill, which they have instructed me to report back, with the recommendation that it do pass as amended, to-wit :
A bill to be entitled an act to make it a misdemeanor for any person in this State to violate any written contract for labor, to provide a punishment therefor, and for other purposes.
Also, the following bill, which they recommend do not pass:
A bill to be entitled an act to allow defendants in

THURSDAY, AUGlJST 4,1881.

367

distress warrants to stop proceedings, in forma pauperis, and to authorize the prompt sale of certain perishable property, levied on by distress warrant.
Respectfully submitted, JAMES M. SMITH, Chairman.
Mr. Martin, of Houston, chairman of the Committee -on Public Printing, submitted the following report: Mr. Speaker:
The Committee on Public Printing has bad under -consideration the following bill, which it respectfully recommends be referred to the Committee on Finance, to-wit:
A bill to be entitled an act to appropriate the sum of nineteen hundred and twenty dollars, to pay bal.ance due on the public printer's account for the years 1879 and 1880.
Respectfully submitted, EDWIN MARTIN, Chairman.
Mr. Basinger, chairman of the Committee on Banks, submitted the following report: Mr. Speaker :
The Committee on Banks have had under consideration the following bills, and instruct me to return them to the House, with the recommendation that they be passed, as amended, to-wit:
A bill to be entitled an act to amend an act entitled ~n act to incorporate the Augusta Savings Institution.
Also, a bill to be entitled an act to incorporate the City Bank of Augusta, and for other purposes.
The committee have also had under consideration the following bill, and finding that the proper notices were published and posted as required by law, instruct me to return it to the House, with the recommendation that it be passed, as amended, to-wit:
A bill to be entitled an act to incorporate the Dahlonega Savings Bank.
Respectfully submitted,
vVM. s. BASINGER, Chairman.

368

JouRNAL oF THE HousE,

:Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report :

Mr. Speaker :
The Genf'ral Committee on the Judiciary have had under consideration the following bills, which they recommend do pass, to-wit:
.A. bill to require the several Judges of the SupPrior Courts of this StatE', in all cases, both civil and criminal, to give their charges to the jury in writing.
Also, a bill to amPnd section 4259 of the Code of Georgia, in reference to the service of bills of exceptions.
Also, a bill to declare and make plain the bounds and limits of the militia districts of Chatham county which lie outside the city of Savannah.
Also, a bill to amend an act regulating the time for which the :Mayor of the city of Augusta shall hold office, approved February 23, 1876.
The proper legal notices of the intention to apply for the two last mentioned bills were submitted to the committee and found correct.
The committee have also had under consideration the following bill, which thPy recommend clo pass, as amended, to-wit:
A. bill to amend an act to require the payment of moneys ~rising from fines and forfeitures into the County Treasury, and regulate the disbursement of the same, approved February 29, 11;76.

The committee recommend that the following bill do pass, by substitute, to-wit:
A. bill to change the time of holding the:superior Courts of the county of Macon, and for other purposes.
Respectfully submitted, W. :M. HAMMOND, Chairman.

THURSDAY, AUGUST 4, 1881.

369

)fr. Rankin, chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker:
The Committee on Railroads have had under consideration the following bills, which they have instructed me to report back to the House, with the recommendation that they do pass, as amended, to-wit:
A bill to be entitled an act to incorporate the Covington and North River Railroad Company, and for other purpOSPS.
A bill to be entitled an act to incorporate the Covington and North Georgia Railroad Company, and to grant certain powers and privileges to the same, and for other purposes.
A bill to be entitled an act to authorize and empower the Mayor and Aldermen of the city of Savannah to tax the property of the Savannah, Florida and Western Railway Company within the jurisdictional limits of the city of Savannah.
Also, the following bill, which they recommend do pass by substitute, to-wit:
A hill to be PntitlPrl nn n~t to amend the charter of the Elberton Air-Line Railroad.
Also, the following Senate Lill. w 1t ich tb.ey recommend do pass, to-wit:
A bill to be entitled an act to amend an act to confer additional powers and privilegf's upon purchasers of railroads, under the provisions of an act entitled an act to enable the purchasers of railroads to form corporations and to exercise corporate powers and to define their rights, powers and privileges, assented to February 29, 1876, by giving to said purchasers time to finish said roads where the same are incomplete; said act approved December 5, 18i8. This amendment to extend the time still further m which to complete said roads, where the same are now incomplete_
24

:370

.JouRNAL OF THE HousE,

Also, the following bill, which I am instructed to
report back, with the recommendation that the introducer have leave to withdraw the same, to-wit:
A bill to be entitled an act to amend ihe charter of theNortheastern Railroad Company.
Respectfully submitted, W. R. RANKIN, Chairman.

The first business in order was the special order, towit:
A bill to incorporate the Rome Southern Railroad Company, and to authorize said company to build and operate its road from the city of Rome, Georgia, southward to the Florida line, in the direction of St. Marks, Florida, with branches to Atlanta, Macon, Columbus and Brunswick, Georgia, and to authorize said company to consolidate its road with any other railroad ~bartered by this State, the State of Tennessee or the State of Florida, so as to make a continuous line of railroad from Chattanooga, Tennessee, to St. Marks, Florida, and to grant certain powers and privileges to the same, and for other purposes therein named.
Mr. Jemison moved to postpone the consideration of the bill, and make it the special order for Monday next, immediately after the reading of the Journal.
Mr. Polhill moved to amend by making it the speorder for the same hour on Wednesday next.
The motion to postpone until Wednesday next, immediately after the reading of the Journal, prevailed.
'fhe unfinished business of Tuesday was then taken up, to-wit:
A bill to lt:'galize the action of the Board of Commissioners of Roads and Revenues of Douglas county in changing the size and shape of the court-house square in Douglasville.
The question was upon agreeing to the report of the committee, adverse to the passage of the bill, and upon

TnuRSDAY, AuGusT 4, 1881.

371

this question the previous question had been called and the main question ordered.
The report of the committee was agreed to and the bill lost.

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

...1. 1r. Speaker :

The Senate has passed the following Senate bills, in which they ask the concurrence of the House of Representatives, to-wit:
A bill to alter and amend section 326 of the Code of 1873, which provides how mattt>rs, causes and proceedings pending in the Ordinary's Court are disposed of when the Ordinary is disqualified, which was passed by a constitutional majority of yf'as 29, nays none.
Also, a bill to repeal section 659 of the Code of 1873, and to subject the pe1sons therein named to road duties, which was passed by a constitutional majority of yeas 29, nays 1.

Also, the following House bills, to-wit:

A bill to allow certain pupils to attend the State In-

stitute for the Deaf and Dumb as day scholars, and

for other purposes, which was passed by a constitu-

tional majority of yeas 31, nays none.

Also, a bill to allow the Mayor and Council of Ath-

ens to use the money set aside heretofore for the pur-

pose of building public cisterns to pay the appropri-

ation made to the Pioneer Hook and Ladder Company

for the purpose of purchasing lot upon which to locate

their hall, and for any other purpose connected with

.the fire department, which was passed by a constitu-

tional majority of yeas 28, nays none.



Also, a bill to amend an act approved Februa?y 26,

1876, so as not to compel the Mayor and Council of

Athens to levy one-half of one per cent. tax, to pay

the principal and interest on the bonds therein men-

372

JouRNAL oF THE HousE,

tionPd, but to only require the Mayor and Council of Athens to levy such amount of tax as will be necessary to pay the interest on said bonds and provide for the principal, which was passed by a constitutional majority of yeas 27, nays none.
Also, a bill to appropriate the sum of two thousand five hundred dollars to trustees of deaf and dumb asylum for the purpose of fitting up a number of rooms in the building for colored mutes, at Cave Spring, and to make other improvements and repairs, as set forth in the official report of said trustees to the Governor for the year 1880, and also the additional sum of two thousand five hundred dollars per annum for the support of said colored mutes, which was passed by a constitutional majority of yeas 34, nays none.
The Senate has refused to pass the following House bill, to- wit :
A bill to protect the citizens of the county of Dade from the injurious consequences of cattle speculators and other persons driving stock through said county of Dade and spreading distemper or disease to the destruction of the cattle and other stock of the people living therein.
The following bill was passed, with an amendment, to-wit:
A bill to amend section 205 of the Code of 1873, which was passed by a constitutional majority of yeas 27, nays 10.
The Senate bas concurred in the fullo\\'ing House resolutions, to-wit:
A resolution to authorize the Governor to purchase for the State library an Analytical Index of the Georgia Supreme Court Reports, trom volume 41 to 61, inclusive, which was passed by a constitutional majority of yeas 33, nays none.
Also, a resolution authorizing the State Treasurer to pay the Sergeant-at-Arms of the joint special com-

THURSDAY, AUGUST 4, 1881.

373

mittee to investigate the lease of the Western and Atlantic Railroad, which was passed by a constitutional majority of yeas 36, nays none.

Mr. Sweat, 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 entitled an act to incorporate the Gainesville. Jefferson and Southern Railroad Company, and for other purposes therewith connected, approved August 23, 1872, so as to authorize said road to build a branch of their road trom a point near the line of Hall and Jackson counties to Monroe, in Walton county, or Covington, in Newton county, or such other poir.t on the Georgia Railroad as the Presid:mt and Directors may select, and for other purposes therein mentioned.
Also, an act regulating the manner of letting out contracts to build or repair public bridges over water courses which divide one or more counties from each other, and to provide for the payment of the same when completed.
Also, an act authorizing the corperation of the city Of Sandersville to establish public schools, and for other purposes.
Also, an act changing the time of holding the Superior Courts of Lumpkin and Dawson counties, and for other purposes.
Also, an act to amend the charter of the city of Griffin, so as to authorize said city to establish a system .of public schools, and for other purposes.
Respectfully submitted, J. L. SWEAT, Chairman.

374

JOURNAL OF THE HoUSE,

Mr. Polhill, chairman Special Committee on the Judiciary, submitted the following report:

Mr. Speaker:
The Special Committee on the Judiciary has had under consideration the following bills, which they recommend do pass, to-wit :
A bill to regulate the work of convicts in the county of Bibb.
Also, a bill to amend the charter of the town of Camilla.
Also, a bill to repeal an act approved September 25, 1879, in reference to the road laws of this State, so far as relates to the county of DeKalb.
Also, a bill to make applicable certain sections of the C..>de to the 37th, 38th and 260th districts, G. M., in Scriven county, in this State.
Also, the following bills, which it recommends do pass by substitute, to-wit:
A bill to authorize the Board of Commissioners of Mitchell county to levy a tax.
Also, a bill to create and provide for the appointment of Road and Revenue Commissioners in Emanuel county.
Also, the following bills, which it recommends do not pass, to- wit :
A bill to provide for the appointment of a SolicitorGeneral uf Putnam county.
Also, a bill to permit Daniel S. McCoy to peddle in this State without a license.
Also, a bill to amend the road laws of this State, so far as relates to the county of Fulton.
The proper legal notices required by law of the intention to apply for the introduction of each of th8" foregoing bills were presented to the committee, examined and found correct.
Respectfully submitted, J. H. PoLHILL, Chairman.

THURSDAY, AUGUST 4, 1881.

375

ThA following message was received from his Excellency the Governor, through Mr. Avery, his Secretary: Mr. Speaker :
His Excelh>ncy, the Governor, Alfred H. Colquitt, has approved the following acts:
An act to amend, extend and enlarge the provisions of an act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, approved February 29, 1876, etc.
An act to amend an act entitled an act to enable the purchasers of railroads to form corporations, etc.
An act to fix the .compensation of the So~icitor oi the County Court of Richmond county.
An act to exempt from jury duty all vracticing dentists of this State.
An act to amend an act entitled an act to incorporate the Gainesville, Jefferson and Southern Railroad Company, approved August 23, 1872, to increase the directors, etc.
An act to authorize the CommissionerR of Roads and Revenues of Baker county to provide for paying off the outstanding debt of the county, etc.
An act to provide compensation for the SolicitorGeneral of the Western Circuit for service in criminal cases in the county of Clarke.
An act to amend an act to provide for the creation of Boards of Commissioners of Roads and Revenues in the counties of Cobb, Dooly, Henry and Telfair, etc., so far as relates to Cobb county.
An act to require Ordinaries, Commissioners, or other persons having charge of county finances, to furnish dockets to Justices of the Peace and Notaries Public, etc.
An act to repeal an act to amend an act to create a Board of Commissioners of Roads and Revenues for the couRty of Baker, etc.

376

JOURNAL OF THE HOUSE,

An act to provide for sales made under and by vir-
tue of any fl. fa. or other process issued from the
County Courts of this State. An act to repeal the acts entitled an act to create a
Board of Commissioners of Roads and Revenues for the county of Milton, etc.
An act to repeal an act to create and organize a County Court of Habersham, etc.
An act to alter and amend an act to provide for a County Board of Commissioners for the county of Mitchell.

Mr. Hutchins, chairmaTJ. of the Committee on Finance, submitted the followiug report :

Mr. Speaker:
Th~ Committee on Finance have had under their consideration the following bills, which they recommend do pass, to-wit:
A bill to be entitled an act to provide for the levying of a tax one-tenth of one per centum upon all taxable property of this State, and for the collecting of the same, and for the applying of the net proceeds thereof to the support of the common schools of this State.
Also, a bill to be entitled an act to authorize the Governor to draw his warrant on the Treasury for the payment of Henry P. Hammett of excess ot $26.87 paid on the sale of his wild lands.
Also, the following bills, whieh they recommend do pass, as amended, to-wit:
A bill to be entitled an act to require each county in this State to defray all expenses of trying every commission of lunacy, and of transferring, conveying or conducting lunatics or other insane persons, who may be by due course of law declared insane, to the lunatic asylum, and to provide for the payment of the same, and for other purposes.

THURSDAY, .AUGUST 4, 1881.

377

.Also, a bill to b~ entitled an act to appropriate money to pay bond number two hundred and twentyfive (225) of the State of Georgia, issued under act of February 27, 1856, now held by the executor of John L. Gittings, and to authorize payment of the same.
.Also, the following, which the committee recommend do not pass, to-wit :
.A bill to be entitled an act to authorize J. J. Chitwood to survey the sixth land district in the county of White, and make an appropriation therefor.
Also, a bill to be entitled an act to alter and amend section 926 of the Code of 1873, in reference to the pay now allowed the Tax Receivers of this State.
Also, the following, which they recommend the introducer have leave to withdraw, to-wit:
.A bill to be entitled an act to refund to J. T. Moreland taxes overpaid the State of Georgia on property in Telfair county, in this county.
The committee have also had under consideration a resolution authorizing D N. Speer, State Treasurt-r, to sell sixteen Baldwin county bridge bonds to Daniel B. Sanford, Ordinary of said county, which they recommend do pass, as amended.
Respectfully submitted, N. L. HUTCHINS, Chairman.
On motion of Mr. Lamar, the following House bill was taken up and the Senate amendment concurred in, to-wit:
A bill to amend section 205 of the Code of 1873, in relation to the disqualification of Judges or Justices of any Court, Ordinaries, Justices of the Peace and presiding officers of inferior judicatures, by inserting after the word "counsel," in the sixth line of said section, the words "nor in which he has presided in any inferior judicature."
The following bill was laid on the table, to- wit : A bill to authorize defendants in distress warrants to defend in forma pauperis.

378

JouRNAL OF THE HousE,

The following bill was read the third time, thereport of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 98, nays none-to-wit:
A bill to repeal an act to repeal an act approved February 27, 1877, to repeal an act to 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 of Dodge, and to abolish the County Court of Dodge county.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed as amended, by the requisite constitutional majority-yeas 91, nays none-to-wit:
A bill to amend an act to incorporate the Augusta Savings Institution.
On motion of Mr. Mathews, the following bill was taken from the table, the rules were suspended and the bill read the third time, to- wit:
A bill to amend section 1455 of the Code of Georgia, which provides for the submitting to the lawful voters of any county in this State, upon the petition of fifty freeholders of such county, the question of "fence'' or "no fence," by authorizing elections to be held under said section at such time as the Ordinary shall appoint.
Mr. Reese offered an amendment to the substitute proposed by the committee, requiring any county adopting the ''no fence" system to build a fence around said county.
On the question of agreeing to this amendment, Mr. Middlebrook called for the yeas and nays. The call was sustained, and on calling the roll the vote was as follows, to-wit:
Those voting in the affirmative are Messrs.Arrington, Bacon of Chatham, Barrow, Basinger,

THURSDAY, AuuusT 4, 1881.
Beatty, BennPtt, Bird, Brinson, Carter, Carithers, Christie, Clark, Crozier, Daniel, Davis of Habersham, Day, Dial, DuBignon, Dyer, Edwards, Farnell, Garrard, Goodrich, Hale, Hall, Hammond, Harrell, Johnson of Lee, Jones of DeKalb, Julian, Keil, Kimsey, Lonnon, Maddox, McBride, McCants, McClure, McClellan, Mcintosh, Middlebrook, Mitchell, Milner, Nichols, Palmour, Patterson, Perkins, Rainey, Rankin, Rawlins, Reese, Ritchie, Roney, Sapp, Sellars, Smith of Union, Strother, Sumner, Thompson, Turner of Floyd, Walker of Berrien, Walker of Crawford, Wheeler, Williams, Wilson of Bulloch, Wilson of" Camden, "Winslow, vVithrow-67.
Those voting in the negative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Barnes, Brewer, Broyles, Bull, Cameron, Coffin, Cook, Crumbley, Davis of Lumpkin, DuPree of Macon, DuPree of Pike, Feagan, Flynt, Fordham, Foster, Fuller, Glover, Henry, Hester, Hightower of Stewart, Hill. Hillyer, Hunt, Hutchins, Jackson of Richmond, James, Jemison, Johnson of Johnson, .Jones of Baker, Kennedy, Lamar, Lamb, LE-ster, Lewis, Little, Martin of Houston, Martin of Talbot, Mathews, Mays of Butts, McAllister, McKinney, McLeod, Millt->r, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, N orthen, Orr, Park, Peek, Polhill, Post, Render, Rice, Robins, Shockley, Singleton, Smith of Oglethorpe, Spence, Spearman, Stanford, Summerlin, Tharpe, Turner of Monroe, Turnipseed, Twiggs, Walker of Jasper, Willingham, Wilkinson, Wilson of Greene, vVingfield, Youngblood, Zachry-77.
Those not voting are Messrs.-
Anderson of Newton, Bates, Branch, Branson,. Burch, Crawford, Denton, Dykes, Estes, Gaskins, Gray, Hagen, Harp, Heard, Heath, Hightower of Early, Jackson of Carroll, Janes, Mays of Richmond,

:380

JouRNAL OF THE HousE,

McLucas, Price, Quillian, Scruggs, Silman, Stapleton, Story, Sweat, Whittle, Wright, Zellars, Mr. Speaker -31.
So the amendment was not adopted.
Mr. Sweat offRred the following amendment to be added as an additional section, to-wit:
That whenever any county in this State shall adopt the provisions of this act, and the law to which it is amendatory, and the stock of any adjoining county, which has not adopted the same, shall commit any -depredation in the county so adopting this act and the law to which it is amendatory, then the owner of such stock shall not be liable for such depredation of their stock in dameges, as for a trespass or otherwise.
Mr. Miller called for the previous question. on. the bill and the pending amendments; the call was sus-tained, and the main question ordered.
Mr. Sweat called for the yeas and nays on the question of adopting the amendment proposed by him ; the call was sustained, and on calling the roll, the vote was as follows, viz :
Those voting in the affirmative are Messrs.-
Arrington, Barrow, Bennett, Bird,Branch, Branson, Brinson, Carithers, Christie, Clark, Crozit>r, Daniel, Davis of Habersham, Day, Dial, DuBignon, Dyer, Edwards, Farnell, Fordham, Goodrich, Hale, Hall, Harrell, Hester, Johnson of Lee, Jones of Ba'ker, Jones of Dt>Kalb, Keil, Kimsey, Lonnon, Maddox, McAllister, McBride, McCants, McClure, McClellan, Mcintosh, McLeod, Middlebrook, Milner, Moore of Pierce, Palmour, Perkins, Rainey, Rankin, Rawlins, Reese, Ritchie, Roney, Sapp, Sellars, Smith of Union, Strother, Sumner, Sweat, 'fhompson, Turner of Floyd, Walker of Berrien, vVheeler, Williams, Wilson of Bulloch, Wilson of Camden, Withrow-64.
Those voting in the negative are Messrs.Adderton,Anderson of Cobb, Awtry, Barnes, Beatty,

THURSDAY, AuGUST 4, 1881.

381

Brewer, Broyles, Bull, CamPron, Coffin, Cook,Crumbley, Davis of Lumpkin, DuPree of Macon, DuPree of Pike, Feagin, Flynt, li'oster, Fuller, Glover, Hammond, Heath, Henry, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Julian, Kennedy, Lamar, Lamb, Lester, Lewis, Little, Martin of Houston, Martin of Talbot, Mathews, Mays of Buttt:, McKinney, Miller, Moore ofTaliaferro, Morrow, Nichols, N orthen, Orr, Park. Patterson, Peek, Polhill, Post, Render, Rice, Robins, Shockley, Singleton, Smith of Oglethorpe. Spence, Spearman, Stanford, Summerlin, Tharpe, Turner of Monroe, Turnipseed, Twiggs, Walker of Crawford, walker of .Tasper, Wilkinson, Wilson of Greene, Wingfield, \Vinslow, Youngblood, Zachry-78.

Those not voting are Messrs.-
Anderson of Newton, Bacon of Chatham, Basinger, Bates, Burch, Carter, Crawford, Denton, Dykes, Estes, Garrard, G;1skir.s, Gray, Hagen, Harp, Heard, Hightower of Early, Jackson of Carroll, Mays of Richmond, McLucas, Mitchell, Moore of Hancock, Price, Quillian, Scruggs, Silman, Stapleton, Story, Whittle,. Willingham, Wright, Zellars Mr. Speaker-33.
So the amendment was not adopted.

The amendment to the title proposed by Mr. Foster was adopted, and the substitute as amended was adopted, and the report of the committee as amended was agreed to and the bill read the third time.
On the question of the passage of the bill, Mr. Smith, of Oglethorpe called for t1e yeas and nays ; the call was sustained, and on calling the roll the vote was as follows. to-wit:

Those voting in the affirmative are Messrs..Adderton, Anderson of Cobb, .Anderson of Newton,

.382

JouRNAL oF THE HousF,

Arrington, Awtry, Barnes, Barrow, Basinger, Beatty, Brewer, Broyles, Bull, Citmeron, Carter, Coffin, Cook, Crumbley, Davis of Lumpkin, DuPree ot Macon, DuPree of Pike, Feagin, Flynt, Foster, Fuller, Glover, Goodrich, Hammond, Heath, Henry, Hester, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Richmond, James, Jemison, Johnson of Lee, Jones of DP.Kalb, Kimsey, Lamar, Lamb, Lonnon, Lester, Little, Martin of Houston, Mar. tin of Talbot, MathPws, Mays of Bntts, McClellan, McKinney, Miller, Mitchell, Moore of Taliaferro, Morrow, Nichols, Northen, Orr, Park, Patterson~ Peek, Perkins, Polhill, Post, Rankin, Render, Rice, Robins, Sapp, Shockhy, Singleton, Smith of Oglethorpe, SpPnce, Spearman, Stanford, Strother, Summerlin, Sumner, Tharpe, Turner of Monroe, Turnipseed, Twiggs, Walker of Jasper, Wilkinson, Wilson of Camden, 'Nilson of Greene, \Vingfield, Winslow, Youngblood, Zachry-91.

Those voting in the negative are Messrs.-
Bacon of Chatham, Bennett, Bird, Brinson, Carith ers, Christie, Clark, Crozier, Daniel, Davis of Habersham, Day, Dial, DuBignon, Dyer, Ed wards,Farnell,Fordham, Garrard,Hagen,Hale,Hall, Harrell,Janes, Julian, Keil, Lewis, Maddox, McAllister, McBride, McCants, McClure, Mcintosh, McLeod, Middlebrook, Milner, Moore of Pierce, Palmour, Rawlins, Reese, Ritchie, Sellar~:~, Smith of Union, Sweat, Thompson, Turner of Floyd, Walker of Berrien, Walker of Crawford, Wheelt>r, \Villiams, Wilson of Bulloch, \Vithrow, Wright-52.

Those not voting are Messrs.-
Bates, Branch, Branson, Burch, Crawford, Denton, Dykes, Estes, Gaskins, Gray, Harp, Heard, Hightower of Early, Jackson of Carroll, Johnson of Johnson, .Jones of Baker, Kennedy, Mays of Richmond, Me-

THURSDAY, .AUGUST 4, 1881.

383

Lucas, Moore of Hancock, Price, Quillian, Rainey, Roney, Scruggs, Silman, Stapleton, Story, Whittle, Willingham, Zellars, Mr. Speaker-32.

So, the requisite constitutional majority having voted in the affirmative, the bill was passed by substitute.
On motion of Mr. Mitchell, the following bill was re-committed to the Committee on Temperance, to-wit:
.A bill to regulate the sale of spirituous, vinous and malt liquors in the county of Gwinnett.
Mr. Northen offered the following resolution, which was read and agrt>ed to, to-wit:
A resolution that, when the House adjourns to day, it adjourn to meet at 10 o'clock to-morrow morning.
On the application-of Mr. Miller, leave of absence was granted to Mr. J. R. Smith, Messenger of the House of Representatives, on account of sickness in his family.

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

H'l'. Speaker:
The Committ~e on Enrollment report as d t:tly 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 an act entitled an act to incorporate the Gainesville, Jefferson and Southern Railroad Company, and for other:purposes therewith connected, approved August 23, 1872, so as to authorize said road to build a branch of their road from a point near the line of Hall and Jackson counties to Monroe, in W alton county, or Covington, in Newton county, lr such other point on the Georgia Railroad as the President and Directors may select, and for other purposes therein mentioned.
Also, an act to regulate the manner of lf:'tting out

JOURNAL OF THE HoUSE,
contracts to build or repair public bridges over wate1 courses which divide one or more counties from each other, and to provide for the payment of the same when completed.
Also, all act to authorize the corporation of the city ~f Sander5ville to establish public schools, and for other purposes.
Also, an act to change the time of holding the Superior Courts of !Jumpkin and Dawson counties, and for other purposes.
Also, an act to amend the charter of the city of Griffin, so as to authorize said city to establish a system of public schools, and for other purposes.
Respectfully submitted, J. L. SwEAT, Chairman.
Mr. Janes, chairman of the Committee on Counties and County Lines, submitted the following report :
Mr. Speaker:
The Committee on Counties and County Lines have had under consideration the following bill, which they report back, with the recommendation that it do not pass, to-wit :
A bill to change the line between the counties of Cherokee and Dawson.
Respectfully submitted, C. G. JANES, Chairman.
On motion of Mr. Smith, of Oglethorpe, the rules were suspended and the following bill was taken up and read the second time, to- wit :
A bill to amend an ar-t approved February 19, 1866t to re-incorporate the town ot Elberton, and to give the Town Council of said town certain powers therein specified and to provide for a Mayor of said town.
On motion of Mr. Perkins, the rules were suspended,. and by a two-thirds vote-yeas 98, nays none-the following bill was introduced, and by a two-thirds vote-

FRIDAY, AUGUST 5, 1881.

385

yeas 98, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit : By Mr. Perkins-
A bill to prohibit the sale of intoxicating liquors of all kinds within the limits of the county of Burke, except for medicinal and sacramental purposes, and to provide appropriate remedies and penalties for the evasicn and violation of the same.
By permission of the House, Mr. Barrow withdrew House bill No. 776, to amend the charter of the Northeastern Railroad.
Leave of absence was granted to Messrs. Zachry, Beatty, Mcintosh, Perkins, and "\Vilson of Bulloch on business ; to Mt>ssrs. DuPree of Macon, and Goodrich, on account of sicktless in their families.
The House then adjourned tilllO o'clock a. m. tomorrow.

ATLANTA, GEOJWIA,
Friday, August 5, 1881.
The House met pursuant to adjol1roment, was called to ornPr hy th~' Speak~r, and optU:'<l with prayc:::- by the Chaplain.
On motion of Mr. vVhPP]er, the ca11 of tlle roll was dispensed with.
Mr. Heath, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved. Mr. James gave notice of a motion to reconsider. Mr. James moved to reconsider so much of the Journal as relates to the action of the House upon a bill to legalize the action of the Board of Commissioners of Douglas county in changing the size and shaps of the court-house square. The motion to reconsider prevailed.
25

J ouRN.AL o~ THE HousE,
By permission of the House, Mr. Brinson withdrew House bills Nos. 816 and 817.
On motion of Mr. Sweat, the following bill was recommitted to the Special Committee on the Judiciary, to-wit:
A. bill to prohibit camp hunting in the county of Clinch by non-residents, to prescribe a punishment therefor, and for other purposes.
On motion of Mr. DuBignon, the rules were suspended and the following bill read the second time, to-wit:
A. bill to incorporate the Cincinnati and Georgia Railroad Company, and to define its rights, powers and privileges, and for other purposes.
On motion of Mr. DuBignon, this bill was made the special order for Thursday next, immediately after the reading of the Journal.
The special order for the day was then taken up, towit:
A. bill to abolish the office of County School Commissioner of this State and impose the duties now required of him upon the Ordinaries of this State.
Mr. Stanford moved to lay the bill on the table, which motion did not prevail.
The bill was then, by permission of the House, withdrawn by Mr. Stanford.
Mr. Miller offered the following resolution, which was read and referred to the Committee on Rules, towit:
A. resolution to amend rule No. 12, by adding the words "unless the question be upon the passage of a bili, in which case no division of the question shall be permitted.''
On motion of Mr. Walker, of Berrien, the rules were suspended and the following bill read the second time, to- wit :
A. bill to incorporate the Mill Town Branch Railroad Company.

F.RID.AY, AUGUST 5, 1881.

387

The following bills were introduced, read the first -time and referred to the General Committee on the Ju-
ciary, to-wit: By Mr. Jemison-
A bill to prohibit criminal prosecutions in this State by special presentment of the grand jury, except under certain circumstances.
Also, a bill to authodze the prosecution of misdemeanors in this State by information, with the consent of the court thereto first obtained. By Mr. Basinger-
A bill to authorize the foreclosure of mortgages in .equity as well as in the manner prescribed by the Code. By Mr. Kimsey-
A bill to fix the times of holding the courts in the various counties of the Northeastern Judicial Circuit.
Mr..Clark offered the following resolution, which was read and agreed to, to-wit:
A resolution returning thanks to Rev. J. L. M. Curry, D. D., for his able address this morning on educatiun.
Mr. Hammond, chairman of the General Committee ()n the Judiciary, submitted the following report: Mr. Speaker:
The General Committee on the Judiciary have had under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to appropriate money and provide for the preparation, publication and distribution of a general history of Georgia.
'rhe committee recommend that the following bill do pass, by substitute, to-wit:
A bill to prohibit and prevent the sale of lottery tickets, combinations or numbers indicating the distribution of prizes, etc.
Respectfully submitted, W. M. HAJ\IMOND, Chairman.

388

JOURNAL OF THE RQUSE,

Mr. Smith, chairman ofthe Committee on Agriculture, submitted the following report, to-wit:

Mr. Speaher :
The Committee on Agriculture have had under consideration the following bill, which -they have instructed me to report back, with the recommendation that it do pass, by substitute, to-wit:
A bill to be entitled an act to extend the provisions of sections 1449, 1450, 1451, 1452, 1453 and 1454 of the Revised Code of Georgia, which relate to the fence and stock laws of this Stace, by making the same applicable to militia di::;tricts, and to provide for the erection. of fence::; around district lines.
Respectfully submitted, J. M. SmTII, Chairman.

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

Mr. Speaker :
The Senate has passed the following ~enate bill, in which they ask the concurrence of the House of Representatives, to-wit:
A bill to dt>fine the law of prescription in the cases. of constructive possession of land, which was passed by a constitutional majority-yeas 28, nays none.
The Senate has also passed the following House bills, to-wit :
A bill to prohibit tht> buying, selling, delivering or receiving of any farm products therein specified, between sunset and sunrise, in the county ot Bibb, wlJich was passed by a constitutional majority-yeas 29, nays none.
Also, a bill to repeal an act to consolidate the offices of the County Treasurer and Clerk of the Superior Court of the county of "\Vebster, which was passed by a constitutional majority--yeas 29, nays none.

FRIDAY, AUGUST 5, 1881.

389

Also, a bill to repeal an act entitled an act to organize a County Court for the county of Randolph, which was passed by a con:-titutional majority-yeas 30, nays none.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors, in any quantity whatever, within two miles of the court-house in the town of Cleveland, in the county of "\Vhite, which was passed by a constitutional majority-yeas 28, nays none.
Also, a bill to prohibit the sale of spirituous liquors within the limits of the 714th district, G. M., of the county of Carroll, which was passed by a constitutional majority-yeas 32, nay::> none.
Also, a bill to repeal the first section of an act vesting the granting of license to sell spirituous liquors in Louisville, Jefferson county, in the commissioners of said town, to prescribe a penalty for the violation of the provisions of this act, and for other purposes, which was passed by a constitutional majority-yeas Rl, nays none.
Also, a bill to create and equalize a new Judicial Circuit of the Superior Courts of this State, and for other purposes, which was passed by a constitutional .majority-yeas 26, nays one (1).
And I am directed to transmit the last said bill forthwith to the House of Representatives.

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

Mr. Speaker :
The Committee on Enrollment report as duly enrolled and ready for signature of the Speaker of the House of Representatives, the following acts, to-wit:
An act to appropriate the sum of two thousand five hundred dollars to the Trustees of the Deaf and Dumb .Asylum to fix up rooms for colored mutes at Cave Springs, and for other purposes.

390

Joui:tNAL oF THE HousE,

Also, an act to allow the Mayor and Council of Athens to use the money heretofore set aside for the purpose of building public cisterns, to pay the appropriation made to the Pioneer Hook and Ladder Company, and for other purposes.
Also, an act to allow certain pupils to attend the State Institute for the deat and dumb, as day scholars, and for purposes.
Also, au act to amend section 205 of the Code of 1873.
Also,:[an act to amend an act approved February 26, 1876, so as not compel the Mayor and Coun cil of Athens to levy one half of one per cent. tax to pay the principal and interest on the bonds therein mentioned, and for other purposes.
The committee also report, as duly enrolled, and ready for the siginature of the Speaker of the House of Representatives, the following resolutions, to-wit:
A resolution to appropriate money to the Special Joint Committee to investigate the lease of the Western and Atlantic Railroad.
Also, a resolution to authorize the Governor to -purchase for the State Library, an Analytical Index of the Georgia Supreme Court Reports from volume 41 to 61, inclusive.
Respectfully submitted, J. L. SWEAT, Chairman.

The following bill was introduced, read the first time, and referred to the Committee on Railroads, towit: By Mr. Hester-
A bill to amend an act to provide for the regulation of railroad freights and -passenger tariffs in this State, to prevent unjust discriminations and extortion in rates, etc., approved October 14, 1879.
By a two-thirds vote-yeas 97, nays none-the fol lowing bill was introduced, and by a two-thirds vote-

FRIDAY, AUGUST 5, 1881.

391

yeas 93, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. BirdA bill to create a Board of Public Education for the
county of Effingham, and define the powers and duties of the same.
By a two-thirds vote-yeas 93, nays none-the following bill was introduced, and by a two- thirds voteyeas 98, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Brinson-
A bill to prevent the destruction of game in the county of Emanuel, and for other purposes.
By a two-thirds vote--yeas 90, nays none-the following bill was introduced, and by a two-thirds voteyeas 90, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. BrinsonA bill to prevent seining in the waters of Little Ca-
noochee, Big Canoochee, Little Ohoopie, Big Ohoopie rivers, in the county of Emanuel, and for other purposes.

Mr. Polhill, chairman of the Special Committee on the Judiciary, submitted the following report:

Mr. Speaker :
The Special Committee on the Judiciary have had under consideration the following Senate bills, which it recommends do pass, to-wit :
A bill to amend section 4540, of the Revised Code of 1873, so as to include servants or agents within the provisions and penalties of said section.
Also, a bill to provide for the service of notice in writing, of the time and place of trial, upon road d~ faulters.
Also, a bill to make penal the intentional pointing

392

JouRNAL OF THE HousE,

or aiming of fire arms at another, whether loaded or unloaded.
Also, a bill to repeal an act entitled an act to establish thP 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.
Also, the following House bills, which it recommends do pass, proofs being correct, to-wit:
A bill to authorize County Commissioners of Twiggs county to purchase property offered for sale for State and county taxes.
Also, a bill to amend an act approved February 28, 18i6, so far as the same r~1ntes to the county of Thomas, by prohibiting ::;:Jating, killing or trapping of more than twenty-fivv partridges in one day.
Also, the following bill which it rAcommends introducer be allowed to withdraw, proofs being insufficient, to-wit:
A bill to amend an act entilled an act to create a Board of Commissioners of Roads and Revenues, for the county of Taylor.
Also, the following bill which it recommends be referred to the Committee on Education, to-wit:
A bill to authorize the city of Americus to appropriate certain moneys for school purposes.
Respectfully submitted, J. H. PoLHILL, Chairman.

The following bills were introduced, read the first time and referred to the Special Committee on the J udiciarv, to-wit: By Mr. McBride-
A bill to amend section 4139, in relation to summons in Justices Court.
Also, a bill to exempt owners of stock from liability for trespass committed by such stock in certain cases.
On motion of Mr. Miller, the rules were suspended and the following bill read the second time, to-wit:

FRIDAY, AUGUST 5, 1881.

393

..A bill to provide for the compensation of certain 'Tax Collectors and Receivers of Tax Returns for services performed during 1880.
The following bills were introduced, read the first time and referred to the Committee on Finance, towit: By Mr. Miller-
A bill to change the time or meeting of the General .Asst>mbly of Georgia
Also, a bill to provide for certain appropriations that were omitted from the last general appropriation act, and for other purposes.
Mr. Polhill offered the following resolution, which was read and referred to the Committee on Finance, to-wit:
A resolution to appropriate money to rt>imburse the Commissioner of Immigration for expenses actually incurred in performing the duties of his office.
By permission of tha House, Mr. Lamb withdrew House bill No. 610.

Mr. Hutchins, chairman of the Committee on Finance, submitted the following report :
Mr. Speaker:
The Committee on Finance have had under their consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to provide for the payment of two bonds of the State of Georgia, one for $1,000, dated January 1, 1843, and due January 1, 1873, and one for $500, dated July 1, 1852, and due on demand after July 1, 1872, and the unpaid coupons attached to said bonds, said bonds and coupons being the property of the estate of Noah B. Knapp, lately of Chatham county, deceased.
The committee also recommend that the following bills do not pass, to-wit:
A bill to be entitled an act to refund to the ..American

394

JOURNAL OF THE HoUSE,

B. H. 0. and Sewing Machine Company two hundred dollars tax illegally paid for the year 1879.
Also, a bill to be entitled an act to provide for the compensation of physicians serving on commissions of lunacy.
The committee also recommend that the introducer have leave to withdraw the following bill, to-wit:
A bill to be entitled an act to require all persons residing in other counties, but who own fifty acres or more of improved land in the county of Washington, to return and pay taxes on the same in the county of W ~ shington, and for other purposes.
Respectfully submitted, N. L. HUTCHINS, Chairman.

By a two-thirds vote-yeas 88, nays none-the following bill was introduced, and by a two-thirds voteyeas 88, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Flynt-
A bill to protect the farming interests of Monroe county, in this State, by making partiPs who permit animals to run at large liable in damages for any trespass which said animals may commit.
Mr. Flynt also introduced the following bill, which was read the first time and referred to the Committee on Agriculture, to-wit:
A bill to exP-mpt persons actively engaged in running a grist-mill from road duty.
By a two-thirds vote-yeas 88, nays none-the following bill was introduced, and by a two-thirds voteyeas 89, nays none-read the first time and referred to the Committee on Oorporations, to-wit: By Mr. Spence-
A bill to incorporate the Brunswick and Flint River Railroad Company.
On motion of Mr. James, the following bill was re-

FRIDAY, .AUGUBT 5, 1881.
committed to the Special Committee on the Judiciary, to-wit :
.A bill to legalize the action of the Board of Commissioners of Douglas county in changing the size and shape of the court-house square in Douglasville.
The following bill was introduced, read the first time and referred to the Committee on Finance, to-wit: By Mr. Day-
A bill to encourage the building of the Marietta and North Georgia Railroad, by changing the character of the State's security for the payment of the loan of the net proceeds of the convict labor heretofore advanced and to be advanced to said railroad company.
Mr. Christie submitted a memorial, which was referred to the Committee on Temperance.
The following bill was introduced, read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Glover-
A bill to provide for the better enforcement of the road laws of this State, and for other purposes.
Mr. Hunt demanded a call of the roll of the House;. the roll was called, and the following members answered to their names :
Those present are Messrs.-
.Anderson of Cobb, .Arrington, .Awtry, Barrow, Basinger, Bennett, Bird, Branson, Brewer, Brinson, Broyles, Cameron, Carter, Carithers, Christie, Clark, Coffin, Cook, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Dial,DuBignon, DuPree of Macon, Dyer, Edwards, Estes, Feagin, Flynt, :Fordham, Foster, Fuller, Garrard, Glover, Gray, Hagen, Hale, Hall, Hammonll, Harrell, Heath, Henry, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Johnson of Lee, Jones of

:396

JouRNAL oF THE RousE,

Baker, Jones of DeKalb, Julian, Kflil, Kennedy, Kimsey, Lamb, Lonnon, Lewis, Little, Maddox, Martin of Houston, Mathews, McBride, McCants, McClure, McClellan, McKinney, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Morrow, Nichols, Northen, Orr, Pal mour, Peek, Polhill, Post, Rainey, Rankin, Rawlins, RPese, Render, Rice, Ritchie, Robins, Roney, Silman, Smith of Union, Spence, Spearman, Strother, Summerlin, Sumner, Tharpe, 'fhompson, Turn'=lr of Floyd, Turner of Monroe, Turnipseed, Walker of Berrien, Walker of Crawford, Walker of Jasper, vVheeler, "Williams, Willingham, vVilkinson, \Vilson of Camden, vYingfield, Winslow, vVithrow, Wright, Mr. Speaker-122.

Those absent are Messrs.-
Adderton, Anderson of Newton, Bacon of Chatham, Barnes, Bates, Beatty, Branch, Bull, Burch,Crawford, Denton, DuPree of Pike, Dykes, Farnell, Gaskins, Goodrich, Harp, Heard, Hester, Hightower of Early, Jackson of Carroll, Lamar, Lester, Martin of Talbot, Mays of Butts, Mays of Richmond, McAllistPr, Mcintosll, McLeod, McLucas, Middlebrook, Moore of Taliaferro, Park, Patterson, Perkins, Price, Quillian, Sapp, Sellars, Scruggs, Shocklt>y, Singleton, Smith of Oglethorpe, Stanford, Stapleton, Story, Sweat, Twiggs, whittle, Wilson of Bulloch, Wilson of Greene, Youngblood, Zachry, Zellars-53.
Mr. "\Vingfidd offered a resolution that when the Hou~e adjourns to-day, it adjourn until 10 o'clock Monday morning.
Mr. Wheeler moved to lay the resolution on the table, and on this question called for the yeas and nays; the call was sustained but before the call was commenced, on motion of Mr. "\Vilkinson, the House voted to adjourn.
Leave of absence was granted to Messrs. Sellers,

SATURDAY, AuGusT 6, 1881.

397

Christie, Price and Brewer, on account of sickness in their families ; to Messrs. Lester, Williams, Stanford, Martin of Talbot, Barnes, Arringcon, Tharpe, Harrell, Lamar, Crumbley, Sweat and DuBignon, on business.
The House then adjourned till 9 a. m., to-morrow.

ATLANTA, GEORGIA,
Saturday, August 6, 1881.
The House met pursuant to adjounment, was called to order by the Speaker and opened with prayer by Mr. Henry, of the Honse.
The roll was called and a quorum found to be present.
Mr. James, from the Committee on J onrnals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
The following bill was introduced, read the first time and referred to the General Committee on the Judiciary, to wit : By Mr. McKinney-
A bill to regulate the trial of claim cases, so far as to define the rights of claimants and restrict such trials to the issue made by the affidavit of claimant, as to the title of the property, except in certain cases designated therein.
The following bill was introduced, read the first time and referred to the Committee on Education, to-wit: By Mr. Clark-
A bill to amend section 13 of the school law of August 23, 1872.
Mr. Martin, of Houston, offerf>d the following reso-

398

JouRNAL o.I<' THE HousE,

lution, which was read and referred to the Committee <>n Rules, to-wit:
A resolution to dispense with the reading of the Journal for the balance of this session, corrections if any to bo made by the Committee on Journals.

Mr. Maddox offered the following resolution, which was read and referred to the Committee on Finance, to-wit:
A resolution requiring Ron. Francis Fountaine, Land and Immigration Agent, to furnish this House with a list of immigrants brought by him to the State, etc., in detail.

The following bill was read the third t.'ime, the report of the committf:'e was agreed to, and the proofs of the publication of the notices required by law were exhibited, and the bill passed, by the requisite constitutional majority-yeas 96, nays none-as amended, to-wit:
A bill to incorporate the Cleveland and Lula Railroad Company, the road to be constructed from some point at or near the junction of the Northeastern Railroad with the Air Line Railroad, in Hall county, the ' roost convenient and practicable route to Cleveland, in the county of White.

On motion of Mr. McCants, the following bill was re-committed to the Committee on Education, to-wit:
A bill to authorize the Town Council of Reynolds to issue and sell bonds to build a l:lchool-house.
The following bill was re-committed to the Committee on Finance, to- wit :
A bill to repeal an act to regulate and restrict the rate of interest, approved October 14, 1879.
The following hi11 was re-committed to the Committee on Temperance, to-wit:
A bill to amend section 4575 of the Code of Georgia.

SATURDAY, ArGUST 6, 1881.

399

The House went into the Committee of the Whole
Hous>~

Mr. Basinger, chairman of the Committee of the Whole House, submitted the following report:
Mr. Speaker :
The Committee of the Wbole House have had under consideration the following bill, to-wit:
A bill to provide for the compensation of certain Tax Collectors and Tax Receivers for services performed in 1880, which they have instructed me to report back to the House, with the recommendation that it do pass, as amended.
The report of the committee was agreed to and the bill read the third time. On the question of the passage of the bill, the yeas and nays were required to be recorded, and on calling the roll the vota was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Bacon of Chatbam, Barrow, Basinger, Bennett, Bird, Branch, Branson, Brinson, Broyles, Cameron, Carter, Carithers, Clark, Coffin, Cook, Crozier, Daniel, Davis of Habersham, Day, Dial, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Estes, Farnell, Feagin, Flynt, Fordbam, Foster, Fuller, Garrard, Glover, Hagen, Hale, Hammond, Heath, Henry, Hester, Hightower of Stewart, Hill, Hutchins, Jackson of Richmond, James, Jemison, Johnson of Johnson, Johnson of Lee, JoiJes of BakN, Jones of DPKaJb, Julian, Keil, Kimsey, Lamb,:Lonnon, Lewis, Little, Martin of Houston, Math-ews, Mays of Butts, McCants, McClellan, McKinney, McLeod, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Morrow, Nichols, N orthen, Orr, Palmour, Peek, Polhill, Post, Rainey, Rankin, Rawlins, Render, Rice, Robins, Roney, Sapp, Scruggs, Shock-

400

JOURNAL OF THE HOUSE,

ley, Silman, Smith ofU nion, SpencP, Spearman, Strother, Summerlin, Sumner, Thompson, 'rurner of Floyd, Turner of Monroe, Turnipseed, Twiggs, 'Valker of Orawford, walker of.Tasper, wheeler, Wilkinson, vVilson of Camdt->n, Wingfield, vVinslow, 'Vithrow, Wright, Youngblood, Zellars-112.

Those not voting are Messrs.-
Anderson of Newton, -t\.rrington, Barnes, Bates, Beatty, Brewer, Bull, Burch, Christie, Crawford, Crumbley, Davis of Lumpkin, Denton, DuBignon, Dykes, Gaskirts, Goodrich, Gray, Hall, Harp, Harrell, Heard, Hightower of Early, Hillyer, Hunt, Jackson of Carroll, Janes, Kennedy, Lamar, Lester, Maddox, Martin of 'ralbot, Mays of Richmond, McAllister, McBridP, McClure, Mclntush, McLucas, Middlebrook, Moore of Taliaferro, Park. Patterson, Perkins, Pl'ice, Quillian, Reese, Ritchie, SelJars, Singleton, Smith of Oglethorpe. Stanford, Stapleton,Story, Sweat, Tharpe, Walker of Berrien, Whittle, 'Villiams, vVillingham, Wilson of Bulloch, Wilson of Greene, Zachry, Mr. Speaker-63.
So the bill passed, as amended, by the requisite constitutional majority.
On motion of Mr. Edwards, the following resolution was agreed to, to-wit: That, when the House adjourns to-day, it adjourn at 12 o'clock noon untillO o'clock Monday morning.
On motion of Mr. Peek, the rules were suspended and the followjng bill read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, by substitute, by the requisite constitutional majority-yeas 94, nays none-to-wit:
A bill to amend the charter and change the several acts incmporating the town of Conyers, and for other purposes.

SATURDAY, AuGusT 6, 1881.

401

Mr. Hutchins, chairman of the Committee on Finance, submitted the following report:
Mr. Speaker:
The Committee on Finance have had under consideration the following bills, which they instruct me, as their chairman, to return to the House, with the recommendation that they do pass, as amended, to-wit:
A bill to be entitled an act to appropriate money to provide and to pay the expense of an official representation of the natural and agricultural resources of the State of Georgia at the International Cotton Exposition.
Also, a bill to be entitled an act for the relief of the estate of John Caldwell, deceased, so as to provide for the paying to said estate the sum of :t\106, which was paid to the State of Georgia by said John Caldwell in his life time for certain land which he had purchased from said State, and from which he was afterwards evicted.
The committee also return the following bills, which they recommend do not pass, to-wit: -A bill to be entitled an act to repeal an act to estab }ish State ilepo-:itorie<: in the rHies of A thnb, At1wnst Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, LaGrangP, GailwsvinP. (+riffin and Hawkinsville, and to prescribe their duties and liabilities, approved October 16, 1879.
Also, a bill to be entitled an act to appropriate money for the representation of the State at the Centennial Celebration of the Surrender at Yorktown, in October next.
Respectfully submitted, N. L. HuTCHINS, Chairman.
Mr. N orthen, chairman pro tem. of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
The Committee on Enrollment report as duly en-
26

402

Jo"C"RNAL oF THE HousE,

rolled and ready for the signature of the Speaker of the House of Representatives the following acts, towit:
An aP.t to create and organize a new judicial circuit of the Superior Courts of this Stak
Also, an act to repeal the 1st section of an act entitled an act to vest the granting of license to sell spirituous liquors in Louisville, Jefferson county, in the Commissioners of said town or the Clerk of the Superior Court of said county, the charges, etc., for the same ; to allow Commissioners to tax all showmen, itinerant traders, peddlers, hawkers, etc., and for other purposes, approved February 5, 1866, and to prohibit the sale of spirituous liquors in the town of Louisville, and for other purposes.
Also, an act to prohibit the sale of spirituous, malt or intoxicating liquors, in any quantity whatever, within two miles of the court-bouse in the town of Cleveland, in the county of \Vhite, except upon the written prescription of a regular lict-msed physician, and to provide a penalty therefor.
Also, an act to repeal an act entitled an acG to consolidate the offices of the County Treasurer and Clerk of the Superior Court of the county of \Vebster, and for other purposes, approved February 19, 1876.
Also, an act to prohibit the buying, selling, delivering or receiving of any farm products therein specified, between sunset and sunrise in the county ofBibb, and for other purposes.
Also, an act to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors or bitters in any quantity, either by wholesale or retail, within the limits of the 714th district, G. M., of Carroll county, and for other purposes.
Also, an act to repeal an act entitled an act to organize a County Court for the county of Randolph, and for other purposes, approved February 21, 1876.
\V. J. NoRTHEN, Chairman protem.

SATURDAY, .AUG US r 6, 1881.

403

On motion of Mr. N orthen, the rules were suspended aud the following bills read the second time, to wit :
.A bill to amend an act approved March 2, 1875, relating to the county of Butts, so as to make the same apply to the 217th, 218th and 220th militia districts of the county of Clarke.
.Also, a bill to appropriate money and to provide for the preparation, publication and distribution of a general history of Georgia.
.Also, a bill to provide for the payment of two bonds of the State of Georgia, one for 81000. dated January 1, 1843, and due January 1, 1873, and one for $500, dated July 1, 1852, and due on demand after July 1, 1872, and the unpaid coupons attached to said honds, said bonds and coupons being the property of the estate of Noah B. Knapp, deceased .
.Also, a bill for the relief of the estate of John Caldwell, deceased, so as to provide for the paying to said estate the sum of $106.00 which was paid to the State of Georgia by said Johh Caldwell in his lifetime for certain lands which he had purchased from said State and from which he was afterwards evicted.
.Also, a bill to submit to the voters of Randolph county the question of granting licenses to retail spirituous or malt liquors in said county.
.Also, a bill to prohibit and prevent the sale of lottery tickPts, combinations or numbers indicating the distribution of prizes, etc.
.Also, a bill to authorize the Governor to draw his warrant on the Treasury for the payment of Henry P. Hammett of excess of $26.87 received on the sale of his wild lands.
.Also, a bill to amend an act to require the payment of moneys arising from fines and forfeitures into the county treasury and regulate the disbursement ~of the same, approved February 29, 1876.
.Also, a bill to carry into effect article 11, section 1, paragraph 3, of the Constitution.

404

JouRNAL oF THE HOUtiE,

Also, a bill to prohibit the sale of spirituous liquors in the county of Jefferson.
Also, a bill to amend the charter of the town of Greenville, Meriwether county.
Also, a bill to authorize the Intendant and Commissioners of the town of Greenville, to regulate the sale of liquors within the corporate limits of said town.
Also, a bill to authorize the Board of County Commissioners, for the county of Mitchell, to levy a tax to meet th~ current expenses of said county for the y1~ars 1881 and 1882, not to exceed fifty per cent. on State tax.
Also, a bill to authorize the Com missioners of Roads and Revenue for the county of Mitchell to issue bonds, not to exceed the sum of $10,000, and bearing interest not to exceed seven per cent. per annum, to build a court-house in said county, and provide for the payment of the same.
Also, a bill to prohihit the sale of liquors in any quantities whatever within two miles of any church within the corporate limits of the town of Forsyth
Also, a bill to incorporate the Savannah Fire and Marine Insurance Company.
Also. a bill to incorporate the Rome and Carrollton Railroad Company.
Also, a bill to amend an act to incorporate the Nationa! Mercantile Assurance Company.
Also, a bill to amend an act to create a Board of Police Commissioners for the city of Augusta, in this State, to define its powers and duties, and for other purposes, approved August 26, 1879, by extending the terms of office of the present incumbents, changing the mode of election, etc.
'fhe following resolution was read the second time, to-wit:
A resolution authorizing the Ron. D. N. Speer, State. Treasurer. to sell sixteen Baldwin county bridge bonds to Daniel B. Sanford, Ordinary of said county.

SATURDAY, .AUGUST 6, 1881.

4.05

Mr. Summerlin, by permission, withdrew House bill No. 264.
Mr. James withdrew House bill No. 429.

The following bills, on motion of Mr. N orthen, were

re-committed to the Committe3 on Finance, to-wit:

House bill Nos. 418, 393 and 356-all relating to

taxation of dogs.

Mr. Jemison, by permission, withdrew House bill

No. 215.

'

The following bills were laid on the table, to-wit: House bills Nos. 433, 437, 438, 440, 442, 445 and 446. By permission, Mr. Basinger withdrew House bill No. 220.

Mr. N orthen, chairman of the Committee on Educaiion, submitted the following rf'port :
Mr. Speaker:
The Committee on Education have have considered the following bills, which they recommend be referred to the Committee on Finance, to-wit :
.A bill to be entitled an act to refer to the legal voters of the several counties in this State the question of assessing a tax upon dogs.
.Also, a bill to be entitled an act taxing dogs in this State, and for the protection of the wool growing interest of this State, and for other purposes.
.Also, a bill to be entitled an act to ,provide a revenue to be appropriated to the public school fund of this State by levying a tax on dogs.
The committee have also considered the following bills, which they recommend the introducers be allowed to withdraw, to wit:
.A bill to be entitled an act to authorize the Board of Public Education and Orphanage of Bibb county to collect the poll tax for said county from the Tax Collector of said county, and to make settlement with said officers for the same.

406

JouRNAL OF THE HousE,

Also, a:bm to be entitled an act to carry into effect article 8, section 4, ot the Constitutiou of this State, in relation to the establishment and maintenance of public schools, and for other purposes.

The committee have also considerd the following Senate bill, which they recommend do pass, to-wit:
A bill to be entitled an act to protect the public schools, priv!!te schools and Sunday-schools of this State from disturbance, and to punish those who unlawfully disturb the same.
Respectfully submitted, W. J. Nol!THEN, Chairman.

Mr. Estes, chairman of the Committee on Corporations, submitted the following report :

Mr. Speaker:
The Committee on Corporations have had under consideration the following billt:, which they recommend do pass, to-wit:
A bill to incorporate the Augusta Canal and Savannah River Steamboat Company, and for other purposes.
Also, a bill to incvrporate the Greenville and White Sulpher Springs Railroad Company.
Also, a bill to repeal an act to incorporate the town of Weston, formerly known by the name of Hard Money, in the county of Webster.
The committee have also had under consideration the following bills, which they recommend do pass, as amended, to-wit:
A bill to incorporate the Cedar Town Railroad Company, and for other purposes.
Also, a bill to incorporate the Rome and Carrollton Railroad Company.
Also, a hill to amend an act incorporating the N ational Mercantile Assurance Company.

SATURDAY, AUGUST 6, 1881.

407

Also, a bill to incorporate the Savannah Fire and Marine Insurance Company.
The committee have :.~lso considt>rt>d the following bill, which they recommend do pass, by a substitute, to-wit:
.A. bill to amend the charter of the Savannah, Florida and Western Railway Company, and for other purpoAes.
The committee have had under consideration the following bill, which they report to the House, with recommendation that the introducer do have leave to withdraw it, to-wit:
.A. bill to incorporate the Savannah and Tybee Transpoztation Company.

The committee have also considered the following bill, which they instruct me to report to the House, with the recommendation that it be referred to the General Committee on the Judiciary, to-wit:
.A. bill to amend an act to provide for the sale of railroad and bank stocks, and stocks in other incorporated companies.
Proper proofs of notice of intention to apply for the passage of all the foregoing local or special bills, the passage of which is recommended, were produced to the committee.
Respectfully submitted, J. B. EsTES, Chairman.

The following bills, adversely reported upon by the committee to which they were respectively referred, were read the second time, the report of the committee agreed to and the bills lost, to-wit:
.A. bill to re-imburse counties for expenses incurred in keeping lunatics.
Also, a bill to provide for the appointment of a Solicitor of the County Court of Putnam county.

408

JOURNAL OF THE ROUSE,

Also, a bill to repeal an act to repeal section 4323 of the Code, approved December 16, 1~78.
Also, a bill to repeal the act creating State depositories in certain cities therein named.
By permission, Mr. Foster withdrew House bills Nos. 456 and 458.
On motion of Mr. Jackson, of Richmond, House bill No. 461 was laid on the table.
On motion of Mr. Day, House bill No. 460 was laid on the table.
On motion of Mr. Day, the rules were suspended and the following bill introduced, read the first time and referred to the General Committee on the Judiciary, to-wit: By Mr. Day-
A bill to change the times of holding the Superior Courts in the counties of Pickens, Gilmer and Fannin, in the Blue Ridge Circuit, of this State, and for other purposes.
Leave of absence was granted to Messrs. McAllister, Hillyer and Whittle on account of sickness, and to Messrs. Gray and Bird on business.
The House then adjourned tilllO o'clock :Monday morning.

ATLANTA, GEORGIA,
Monday, August 8, 1881.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. J. W. Heidt.
The roll was called and a quorum found to be present.
Mr. Heath, from the Committee on Journals, re. ported the Journal of Saturday examined and approved.

.MoNDAY, AUGUST 8, 1881.

409

.Mr. Middlebrook gave notice ot a motion to reconsider.
The Journal was then read and approved.
.Mr. Middlebrook moved to reconsider so much of the Journal as relates to the action of the House upon a bill to repeal an act to establish State depositories.
The motion to reconsider prevailed.
The following bill was introduced, read the first time and refeued to the General Committee on the J udiciary, to- wit : By .Mr. Keil-
A bill to change the time of holding the Superior Courts of the county of Calhoun.
.Mr. Post offered the following joint resolution, which was read and agreed to, to-wit:
A resolution to appoint a committee of five from the House and three from the Senate, with power to send for persons and papers, to investigate the sale of the Macon and Brunswick Railroad.
On motion of Mr. Post, the resolution was ordered at once transmitted to the Senate.
By a two thirds vote-yeas 90, nays none-the following bill was introduced, read the first timt>, by a two-thirds vote-yeas 94, nays none-and referred to the Special Committee on the Judiciary, to-wit: By Mr. James-
A bill to amend an act to repeal the acts establishing Commissioners of Roads and Revenues in the counties of Jones, Chattahoochee, Douglas, Bulloch and Heard, and the county of Lumpkin, approved 26th September, 1879, by striking out the proviso to the 1st section and inserting in lieu thereof that E. Gray, et al., and John V. Edge, Ordinary, shall proceed to perfotm the duties required by said act, and prescribe their fees for the same.
The following bill was introduced, read the first

410

JouRNAL OF THE HousE,

time and referred to the Committee on Agriculture, to-wit: By Mr. James-
A bill to make it the duty of State Inspectors of Guano to make out and furnish to the Commissioner on Agriculture sworn statements of all classes of guano and fertilizers used in the different counties, and to give other valuable information concerning guano and fertilizel's, and to provide for the ci.rculation ot the same among the farmers of this State.
The following bills were introduced, read the first time and referred to the General Committee on the Juciary, to-wit: By Mr. Jackson, of Carroll--
A bill to require Ordinaries, County Commissioners and other persuns having control of county revenues to sell insolvent tax executions.
Also, a bill to authorize disabled persons to peddle without license, and for other purposes. By Mr. Hutchins-
A bill to confer additional powers on incorporated t.owns and villages in this State. By Mr. Jackson, of Richmond-
A bill to amend section 1562 of the Revised Code, in reference to the inspection of grain.

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 create a Board of County Commissioners for Brooks county, to prescribe the manner of the appointment of the members of such Board, and for other purposes therein mentioned, which was passed by a constitutional majority of yeas 31, nays none.
Also, a bill to prescribe the method of granting li-

MoNDAY, AuousT 8, 1881.

411

cense to sell spirituous or intoxicating liquors in the county of Scriven, and to increase the fee for said license to ten thousand dollars, and for other purposes, which was passed by a constitutional majority of yeas 27, nays none.
Also, a bill to amend an act entitled an act to incorporate the Stone Mountain Granite and Railway Company, and for other purposes, approved October 26t 1870, which was passed by a constitutional majority ofyeas 31, nays none.
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenue for the county of Webster, define their powers and duties, and for other purposes, approved August 23, 1!:!72, and an act amendatory thereof, approved February 14, 1873, which was passed by a constitutional majority of yeas 34, nays none.
Also, a bill to establish a system of public schools for the city of Rome, and to provide for the support and maintainance thereof, and for other purposes, which was passed by a constitutional majority of yeas 26, nays none.
Also a bill to reduce the official bond of the Sheriff of the county of Early, which was passed by a constitutional majority ofyeas 26, nays none.
Also, a bill to provide for the payment of the debt of Clarke county, and to meet the annual current expenses of said county, which was passed by a constitutional majority of yeas 33, nays none.
Also, a bill to prescribe the method of granting license to sell spirituous liquors in the county of Effingham, and to increase the fee for the same to five thousand dollars, which was passed by a constitutional majority of yeas 34, nays none.
Also, the following Senate bill, in which they ask the concurrence of the House of Representatives, towit:
.A bill to amend the County Court laws of this State,.

412

J OURN.AL OF THE HOUSE,

and to alter and regulate the provisions for compensa tion of the County Court Judge, and to alter and regulate the mode of procuring jurors in said court, and to provide for their compensation, to provide for the payment of cost, and for other purposes, which was passed by a constitutional majority of yeas 35, nays 1.
By a two-thirds vote-yeas 88, nays none-the following bill was introduced, and by a two-thirds voteyeas 94, nays none-read the first time and referred to the Committee on Corporations, to- w1t: By Mr. Turner, of Floyd-
A bill to incorporate the Rome Canal and Water Company.
By a two-thirds vote-yeas 94, nays none-the following bill was introduced, and by a two-thirds voteyeas 93, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Lamb-
A bill to define the authority of the Commissioners of Roads and Revenues of Glynn county in relation to execution of bonds of officers of said county.
Mr. N orthen, chair'man pro tem. of the Committee
on Enrollment, submitted the following report:
Mr. Speaker:
The Committ<Je 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 appropriate the sum of two thousand five hundred dollars to the trustees of the deaf and dumb asylum, to fit up rooms for colored mutes at Cave Spring, and for other purposes.
Also, an act to allow the Mayor and Council of Athens to use the money heretofore set aside for the purpose of building public cisterns, to pay the appropriation made to the Pioneer Hook and Ladder Com-

MoNDAY, AuausT 8, 1881.

413

pany for the purpose of purchasing lot upon which to locate their hall, and for other purposes.
Also, an act to allow certain pupils to attend the State institute for the deaf and dumb, as day-scholars, and for other purposes.
Also, an act to amend section 205 of the Code of 1873.
Also, an act to amend an act approved February 26, 1876, so as not to compel the Mayor and Council of Athens to levy one-half of one per cent. tax to pay the principal and interest on the bonds therein mentioned.
The committee also report, as duly enrolled, signed by the Speaker of the House of Representatives and President of the Senate, and delivered to the Governor, the following resolutions, to-wit:
A resolution to authorize tlte Governor to purchase for the Stl:tte Library, an Analytical Index of the Georgia Supreme Court Reports, from volume 41 to 61, inclusive.
Also, a resolution to appropriate money to the special joint committee to investigate the lease of the Western and Atlantic Railroad.
Respectfully submitted,
vV. J. NoRTHEN, Chairmanpro tem.

Mr. N orthen, chairman pro tem of the Committee on Enrollment, submitted the following report:

Mr. Speaker :
'l'he Committee on Enrollment report, as duly enrolled, signed by the Speaker of the House of Representatives and President of the Senate, and delivered to the Governor the following acts, to- wit :
An act to create and organize a new Judicial Circuit of the Superior Courts of this State.
Also, an act to repeal the first section of an act entitled an act to vest the granting of license to sell

414

JouRNAL oF THE HousE,

spirituous liquors in Louisville, Jefferson county, in the commissioners of said town, or the Clerk of the Superior Court of said county,the charges, etc., for the same; to allow commissioners to tax all showmen, itinerant traders, peddlers, hawkers, etc., for other purposes, approved February 5, 1866, and to prohibit the sale of spirituons liquors in the town of Louisville, and for other purposes.
Also, an act to prohibit the sale of spirituous, malt or intoxicating liquors, in any quantity whatever, within two miles of the court-house in the town of Cleveland, in the county of vVhite, except upon the written prescription of a regularly licensed physician, and to prescribe a penalty therefor.
Also, an act to repeal an act entitled an act to consolidate the offices of County Treasurer and Clerk of the Superior Court of the county of Webster, and for other purposes, approved February 19, 1876.
Also, an act to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors or bitters in any quantity, either by wholt>sale or retail, within the limits of the 714th district, G. 1\L, of Carroll county, and for other purposes.
Also, an aet to repeal an act, entitled an act to organize a County Court for the county of Randolph, and for other purposes, approved February 21, 1876.
Respectfully submitted,
,V. J. NoRTHEN, Chairman protem.

By a two-thirds vote-yeas 88, nays none-the following bill was introduced, and by a two-thirds voteyeas 98, nays none-read the firRt time and referred to the Special Committee on the Judciary, to-wit:
By Mr. Mays, of RichmondA bill for the appointment of County Police or Pat
rol for the territory of Richmond, not included in the incorporated limits of the city ot Augusta, or any incorporated town or village in said county.

MONDAY, AUGl1ST 8, 1881.

415

By a two-thirds vote-yeas 88, nays none-the following bill was introduced, and by a two-thirds voteyeas 92. nays none-read the first time and referred to the Special Committee on Judiciary, to-wit: By Mr. Mays, of Richmond-
A bill to establish a City Court in the county of Richmond, to provide for the appointment of a Judge and Solicitvr thereof, and to define their powns and duties.
The following bill was introdneed, read the first time and referred to the Committee on Finance, to-wit: By Mr. Adderton-
A bill to appropriate money to encourage and promote immigration in this State.
On motion of Mr. Mathews, the following Senate resolution was taken up and read the first time, towit:
A resolution in relation to the articles of agreement between the Com missioners of the States of Georgia and South Carolina, in regard to the boundary line between said States.
On motion of Mr. Lewis, the rules were suspended and the following bill was read the second time, towit:
A bill to appropriate money to provide for, and to pay the expenses of an official representation of the natural and agricultural resources of the State of Georgia at the International Cotton Exposition.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by Jaw were exhibited, and the bill passed by the requisite constitutional majority-yeas 102, nays none-to-wit:
A bill to amend an act approved March 2, 1875, relating to the county of Butts, so as to make the same apply to the 217th, 21Hth and 220th districts, G. M., .of the county of Clarke.

416

JouRNAL OF THE HousE,

The Committee of the Whole reported the bill back and asked leave to sit again.
On motbn of Mr. Twiggs, the bill was made the special orcler for Thursday next, immediately after the bill alr~ady made the special order for that day is disposed of, and the title of the bill is as follows, towit:
A bill to appropriate money and provide for the preparation, publication and distribution of a general history of Georgia.
On motion of Mr. Polhill, the rules were suspended and the following bill read the second time, to-wit:
A bill to transfer the county of Bulloch from the Eastern to the Middle J udieial Circuit.

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

Mr. Speaker :
His Excellency, the Governor, has signed the following act:
An act to create and organize a new Judicial Circuit of the Superior Courts of this State.

On motion of Mr. Middlebrook, the rules were suspended and the following bill read the second time, to-wit:
A bill to authorize the Board of Commissioners of Newton county to levy a tax of two hundred percent. on the State tax of Newton county, for the purpose of paying the present indebtedness of said county, and for other county purposes.
The following resolution was read the third time, the report of the committee was agreed to and the resolution passed by the requisite constitutional majority-yeas 90, nays none-to-wit:
A resolution authorizing Ron, D. N. Speer, State

MoNDAY, AuousT 8, 1881.

417

Treasurer, to sell sixteen Baldwin county bridge bonds to D. B. Sanford, Ordinary of said county.
The House went into the Committee of the Whole House.
Mr. Summerlin, chairman of the Committee of the Whole House, submitted the following report :

Mr. Speaker :
The Committee of the vVhole House have had under consideration the following bill, which they have instructed me to report back, with the recommendation that it do pass, as amended, to-wit:
A bill to provide for the payment of two bonds of the State of Georgia, one for 81,000, dated January 1, 1843, and due January 1, 1873; and o.ne for 8500, dated July 1, 1852, and due on demand after July 1, 1872, and the unpaid coupons attached to said bonds; said bonds and coupons being the property of the e~tate of Noah B. Knapp, deceased.
The bill was read the third time, 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 he recorded, :md on cnlling the roll the Yote was as follows, to-wit:

Those voting in the affirmative are ~Ies,;ls.
Adderton, Awtry, Barrow, Bates, Branch, Brinson, Broyles, Cameron, Carter, Clark, Coffin, Cook, Crozier, Davis of Habersham, Day, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Estes, Feagin, Fordham, Foster, Fuller, Garrard, Glover, Gray, Hagen, Hale, Hall, Hammond, Heard, Hester, Hightower of Early, Hightower of Stewart, Hill. Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Jemison, Johnson of Lee, Jones of Baker, Jones of DeKalb, Keil, Kimsey, Lamb, Lonnon, Les-
.... ter, Lewis, Little, Maddox, Martin of Houston, Mar""'

418

JouRNAL oF THE HousE,

tin of Talbot, Mathews, Mays of Butts, McCants, :McClure, McClellan, McLeod, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Morrow, Nichols, Northen, Orr, Palmour, Patterson, Polhill, Post, Quillian, Render, Rice, Ritchie, Robins, Roney, Sapp, Shockley. Silman, Smith of Oglethorpe, Smith -of Union, Spence, Spearman, Stanford, Summerlin, Sumner, Thompson, Turner of Floyd, Turnipseed, Twiggs, \Valker of Berrien, Walker of Crawford, Walker of Jasper, Wheeler, Whittle, Wilkinson, Wilson of Camden, winslow, "\Vright, Youngblood, Zellars-106.

'fhose voting in the negative are Messrs.-
Arrington, Henry, Johnson of Johnson, Rainey, .Rawlins, Tharpe-6.

Those not voting are Me::lsrs.-
Anderson of Cobb, Anderson of Newton, Bacon of Chatham, Barnes, Basinger, Beatty, Bennett, Bird, Branson, Brewer, Bull, Burch, Carithers, Christie, Crawford, Crumbley, Daniel, Davis of Lumpkin, Denton, Dykes, Edwards, Farnell, Flynt, Gaskins,Goodrich, Harp, Harrell, Heath, Hillyer, Janes, J nlian, Kennedy, Lamar, Mays of Richmond, McAllister, McBride, Mcintosh, McKinney, McLucas, Middlebrook, Moore of Taliaferro, Park, Peek, Perkins, Price, Rankin, RPPse, Sellars, Scruggs, Singleton, Stapleton, Story, Strother, Sweat, Turner of Monroe, Williams, \Villingham. Wilson of Bulloch, \Vilson of Greene, \Vingfield, withrow, Zachry, Mr. Speaker-63.

So the bill was passed by the requisite constitutional .majority.
Mr. Davis, of Habersham, offered the following joint resolution, which was read and agreed to, to-wit:
A resolution fixing the hour of 12 o'clock m., Monday the 15th instant, as the time for the election of a

MoNDAY, AuGusT 8, 1881.

419

Judge and Solicitor-General of the Northeastern Circuit.

On motion of Mr. Lamb, the rules were suspended and the following Senate bill taken up and read the second time, to-wit :
A bill to amend an act to confer additional powers and privileges upon purchasers of railroads, under the provisions of an act to enable the purchasers of railroads to form corporations and to exercise corporate powers and to defim~ their rights, powers and privileges, assented to February 29, 1876, by giving to said purchasers time to finish said roads where the same are incomplete, said act approved December 5, 1878. This amendment to extend the time still further in which to complete ::;aid roads where the same are now incomplete.

On motion of :\Ir. Patterson, Honse bill No. 163 was laid on the table.

On motion of Mr. Northen,:House bill No. 203, to appropriate maney to rebuild the college at Dahlonega, was made the special order for 'Vednesday next, immediately after the consideration of the bill already made the special order for that day is concluded.
On motion of Mr. N orthen, Honse bill No. 210, to levy a general tax of one-tenth of one per cent for educational purposes, was made the special order for Tuesday, August 16, immediately after the reading of the Journal.
The following message was received from his Excellency, the Governor, through ~Ir. \Varren, his Secretary, to-wit :

Hr. Speaker:
I am directed by his Excellency, the Governor, to

420

JouRNAL oF THE HousE,

deliver to the House 6f Representatives a communication in writibg with accompanying document:
ExECUTIVE DEPARTMENT, ATLANTA, GA., August 8, 1881.

To the General Assembly:
I have the honor to transmit herewith a communication from the Railroad Commissioners of this State.
ALFRED H. CoLQuiTT, Governor.

The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 93, nays none-to-wit~
A bill to incorporate the Savannah Fire and Marine Insurance Company.
The following resolution was read and agreed to, to-wit:
A resolution-by the House, the Senate concurringrequesting the Governor to return to t~1e General Assembly House bill No. 51, now in his hand:-. hut unsigned.
The rult>s were suspended and the following bills read the second time, to-wit:
A bill to fix the amount of license for selling intox. icating liquors in the county of Charlton, to prescribe a punishment.
Also, a bill to prohibit the sale of any intoxicating liquors within three miles of the academy located in the village of Lafayette, \Valker county, Ga.
Leave of absence was granted to Messrs. Dial and Stapleton, on business.
The House then adjourned till 9 a. m., to-morrow.

TUESDAY, AUGUST 9, 1881.

421

ATLANTA, GEORGIA,
Tuesday, August 9, 1~1.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found to be present.
Mr. James, from the Committee on Journals, re. ported the Journal of yesterday examined and approved.
The Journal was then read and approved.

By permission of the House :Mr. Middlebrook withdrew House. bill No. 674.
The following message was received from the Senate through Mr. Cabaniss, the Secretary protem. thereat:
Mr. Speaker:
The Senate has passed the following House bills, to-wit:
A bill to revise the Superior Court Calendar for all the counties composing the Brunswick Judicial Circuit, and for other pnrposes, which was passed by a constitutional majority of yeas 25, nays none.
Also, a bill, as amended, to exempt from jury duty all regularly licensed pilots, together with their boatkeepers, actually engaged on the pilot boats in the various ports in this State, which was passed by a.constitU:tional majority-yeas 26, nays none.
Also, a bill to appropriate the mm of fifty dollars to pay I. Y. Sawtell, due him ~s witness fees for twenty-five days' attendance, under subpama, as a witness before the joint wild land committee at the last session of the General Assembly, which was passed by a constitutional majority- yeas 29, nays none.
The Senate has refused to pass the following House bill, to-wit :
A bill to regulate the payment of per diem and

422

JouRNAL oF THE HousE,

milage in cases of contestants and contestees for seat& in the General Assembly.

The following message was received from his Excellency, the Governor, through Mr. Avery, his Secrtary:

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

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

j}fr. Speaker :
The Senate has passed the following House resolution; with an amendment, by striking out Monday, the 15th instant, and inserting Thursday, the 11th instant, in lieu thereof, in which they ask the concurrence of the House or Representatives, to-wit:
A resolution fixing the time for meeting of the Senate and House in joint session, for the election of a Judge and Solicitor-General for the .Northeastem Circuit, and I am directeu to transmit the same forthwith to the House.
The special order for the day was then taken up, towit:
A bill to provide for the better inspection, management and control of the convicts of this ~tate_
On motion of Mr. Miller, the time of the morning session was extended until the member from Liberty should conclude his speech.
Leave of absence was granted to Mr. Strother for Friday next, on business.
The hour of adjournment having arrived, the Houseadjourned till 9 a. m. to-morrow_

I

WEDNESDAY, AUGUST 10, 1881.

423

ATLANTA, GEORGIA,
vVednesday, August 10, 1881. The House met pursuant to adjonnment, was called to order by the Speaker and opened with prayer by the Chaplain. The roll was called and a quorum found to be present. Mr. Heath, from the Committee on Journals, reported the Journal of yesterday examined and approved. The Journal was then read and approved.
On motion of Mr. Lester, th~ rul~s were suspended and the following resolution taken up and the Senate amendment concurred in, to-wit:
A resolution fixing the time for holding the election for a Judge and Solicitor-General of the NOl'theastern Circuit.
The Senate amendment fixes Thursday, the 11th inst., at 12 o'clock noon, as the time.
Mr. N orthen off~red the following rt>sol ution, which was read and agreed to, to-wit:
A resolution by the House, the Senate concurring, inviting Dr. Mell, Chancellor of the State University, to address the General Assemhly at 9 o'clock a. m, on Tuesday next, upon the interests of the University.
At the request of the committ~P, Mr. Jemison was added to the Special Committee on the Geological Bureau.
Upon the motion of Mr. Turner, of Floyd, the spe cial order for the day, a bill to incorporate the Rome Southern Railroad Company, etc., was postponed and made the special order immerliately after the completion of the unfinished business of yesterday.
The unfinished business of yesterday was then resumed, to-wit:
A bill to provide for the better inspPction, management and control of the convicts of this State.
Mr. Reese offered a substitute for the bill.

424

JouuNAL oF THE HousE,

Mr. Mitchell off...red a resolution that the Honse adjourn at the usual hour, to meet again at 4 p. n1. this day. Lost.
Mr. Tharpe moved to extend the morning session. Lost.

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

:J:Ir. Speaker:
The Committ~>e on Enrollment report as duly enrolled and ready for signature of the Speaker of the Honse of Representatives, tlw following acts, to-wit:
An act to create a Board of County Commissioners for Brooks county, and for other purposes.
Ah o, an act to provide for the payment of the debt of Clarke county, and for other purposes.
Also, an aet to prt>scribe the method of granting license to sell spirituous liquors in Scriven county, and for other purposes.
Also, an act to rPdnce the official bond of the Sheriff of Early county, from the amount now fixed by law, to the sum of five thousand dollars.
Also, an act to amend an act entitled an act to incorporate the Stone Mountain Granite and Rail way Company, and for other purposes.
Also, an act to establish a system of public schools for the city of Rome, and for other purposes.
Also, an act to revise the Supreme Court Calendar for all the counties composing the Brunswick Judicial Circuit, and for other purposes.
Also, an act to appropriate the sum of fifty dollars to pay I. Y Sawtell, due him as witness fees for twenty-five days' attendance, under subpama, as a witness before the joint wild land committee at the last session of the General Assembly.
Respectfully submitted, J. L. SWEAT, Chairman.

"\VEDN!<.SDAY, AUGUST 10, 1881.

425

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

11-Ir. Speaker:
The Senate has passed the following House bills, with amendments, in which they ask the concurrence of the House of Representatives, to-wit :
A bill to inccrporate thP Planters' Banking, "\Yarehouse ano Commission Company, at Camilla, Mitchell county, Georgia, which waR passed by a constitutional majority-yPas 85, nays two (2).
Also, a bill to amend section 4109 of the Code of 1873, which was passed by a constitutional majorityyeas 25, nays none.
Also, a bill to prohibit the sale of Rpirituous liquors within the limits of tlHcl county of Lowndes, which
was passed by a constitutional majority-yeas :n,
nays none.

The Senate has passed the following bills of the House of Representatives, to-wit :
A bill to provide compensation for jurors in the County Courts in this State. which was passed by a constitutional majority-yeas 30, nays none.
Also, a bill to change the time of holding the Supe rior Courts of the county of Montgomery, in the Oconee Judicial Circuit, which was passed by a constitutional majority-yeas 28, nays none.
Also, a hill to prohibit the sale of intoxicating liquors within three miles of Bethlehem and Shiloh Baptist churches, in the 1074th and 1079th districts, G. M., of the county of Polk, which was passed by a constitutional majority-yeas 28, nays none.
Also, a bill to authorize the Board of Commissioners of Roads and Revenue of the county of Glynn to issue bonds, not to exceed the sum ot forty thousand dollars, and for other purposes, which was passed by a constitutional majority-yeas 33, nays none.

426

JouRNAL OF THE HousE,

Also, a bill to amend an act to fix the amount of license for selling spirituous liquors in the counties of Wayne, Liberty, Coffee and Appling, in this State, and for other purposes, which was passed by a constitutional majority of yeas 28, nays none.
The Senate has concurred in the following House resolution, to-wit:
A resolution to invite Dr. Mell, of the State University, to address the General Assembly.
And I am directed to transmit the same forthwith tO> the House of Repretwntatives.

Mr. Hammond, chairman of the Gener~l Committee

on the Judiciary, summitted the following report, to-

wit:



Mr. Speaker:
The <.:hmera.l Committee on the Judiciary have had under consideration the following bills, which they recommend dl) pass, as amended, to-wit:
A bill to change the time of holding the Superior Courts for the county of Clayton, and for other purposes.
Also, a bill to prevent abusive practices in summoning tales jurors for the trial of felonies, and for other purposes.

'fhe committee have also considered the following bill, which they recommend do pass, to-wit:
A bill to amend section 2533 of the Code of 1873, which declares the order in whiuh the debts of decedents are to be paid.
Respectfully submitted, "\V. M. HA~HIOND, Chairman.

Mr. Polhill, chairman of the Special Committee on the Judiciary, submitted the following report:
Mr. Speaker : The Special Committee on the Judiciary have had

WEDNESDAY, AUGUH'I' 10, 1881.

427

under consideration the following Senate bill, which they recommend do pass, to-wit:
A bill declaring persons who cannot read and write incompetent to serve as election managers.
Also, the following House bills, which they recommend do -pass, proofs being found correct, to-wit:
A bill to amend an act approved February 15, 1876, amending the charter of the city of Milledgeville.
Also, a bill to amend the road laws in this State in regard to placing gatesacross public roads.
Also, a bill to compensate the County Board of of Roads and Revenues in the county of Taliaferro, for services rendered.
Also, a bill to regulate the manner of letting out contracts to build or repair public buildings or bridges in Polk county.
Also, the following biil, which it recommends do pass, as amended, to-wit:
A bill to prohibit the sale of intoxicating liquors in the county of Burke.
Also, the following bill, which they rE>commend do pass, by substitute, proofs correct, to wit.
A bill to amend the act incorporating the town of (uitman.
Respectfully submitted, .T. .H. PoLHILL, Chairman.

Mr. Hammond, for the Committee on Rules, submitted the following report:

Mr. Speaker:
T.b.e Committee on Rules have had under considertion the House resolution in reference to amending rule No. 12, and direct me to report the same back, with a recommendation that it do pass.
Respectfully submitted,
W. M. HAMMOND, Chairmanpro tem.

42'1

JOURNAL OF THE H11USE,

Mr. Stanford, chairman Special Temperance Committee, submitted the following report :
Mr. Speaker :
'fhe Special Committee on Temperance has had under consideration the following Senate bill, which it recommends do pass, as amended, to-wit:
A bill to make it a misdemeanor for any person or persons to carry to any place in this State, where people are assembled for Divine worship, or for Sundayschool, or for a Sunday-school celebration, any intoxicating liquor.
Also, the following House bills, which they recommend do pass, to-wit :
A bill to prohibit the sale of intoxicating liquors within one and one-half miles of Unionville church, in Monroe county.
Also, a bill to prohibit the sale of spirituous liquors in "'Wilkinson county, in this State.
Also, the following bill, which it recommends do pass, as amended, to-wit:
A bill to regulate the sale of spirituous, vinous and malt liquors in the county of Gwinnett.
Respectfully submitted, L. L. STANFORD, Chairman.

::\fr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report :
Mr. Speaker :
The General Committee on the Judiciary have had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to allow Ordinaries to qualify before ClEYks of the Superior Courts in certain cases.
Also, a bill to amend section 3583 of the Code of 1873.
Also, a bill to provide for guardians ad litem by the Ordinaries of this State, in certain cases.

WEDNESDAY, AUGUST 10, 188].

429

Also, a bill to disqualify junrs from serving in any case in which they are witnesses, and to provide for filling their places by tales jurors.
Also, a bill to amend section 4527 of the Code of 1873, in relation to the punishment for carrying concealed weapons.
The committee have also considered the following bills, which they recommend do pass, to-wit:
A bill to change the time of holding the Superior Courts for the county of Troup.
Also, a bill to change the time of holding the Superior Courts of Pickens, Gilmer and Fannin counties, in the Blue Ridge Circuit, of this State.
The following bill is recommended do pass, by substitute, to-wit:
A bill to change the time of holding the Superior Courts of the county of Upson.
The following bills are returned, with the recommendation that the introducers be allowed to withdraw them, to- wit :
A bill to prescribe the fees of Justices of the Peace and Notaries Public in suits for the foreclosure of mortgages upon personalty.
Also, a bill to amend section 4527 of the Code, prescribing the punishment for carrying concealed weapons.
The following bill is returned, with recommendation that it be referred to the Committee on Finance, towit:
A bill to provide for the sale of certain public lands,
. and for the disposition of the proceeds thereof to pub-
lic schools. W. M. HAMMOND, Chairman.

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker: The Committee on Enrollment report as duly en-

430

JoURNAL oF THE HousE,

rolled and ready for the signature of the Speaker of the House of Repres~ntatives the following resolution, to-wit:
A resolution fixing the time for meeting of the Senate and House of Rt~presentatives in joint session for the election of a Judge and Solicitor-General of the Northeastern Circuit.
Respectfully submitted, J. L. SwEAT, Chairman.

The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary:
Mr. Speaker :
His Excellency, the Governor, has signed the following acts:
An act to repeal an act to organize a County Court for the county of Randolph, etc.
Also, a resolution to authorize the Governor to purchase for the State Library an Analytical Index of the Georgia Supreme Court Reports, trom volume 41 to 61, inclusive.
Also, an act to repeal an act to consolidate the offices of County Treasurer and Clerk of the Superior Court of Webster, etc.
Also, an ace to amend an act approved February 26, 1876, so as not to compel the Mayor and Council of Athens to levy one-half of one per cent. tax, etc., but only to require the Mayor and Council of Athens to levy such amount of tax as will be necessary to pay the interest on said bonds and provide for the principal.
An act to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors within the limits of the 714th district, G. M., Carroll county, Georgia, etc.
An act to allow certain pupils to attend the State institute for the deaf and dumb, as day-scholars, etc.

\VEDNESDAY, AUGUST 10, 1881.

431

An act to prohibit the sale of liquor within two miles of the court-house in the town of Cleveland, in ihe county of White, etc.
An act to repeal the first section of an act approved February 5, 1866, and to prohibit the sale of spirituous liquors in the town of Louisville, J e.fferson county, etc.
An act to appropriate the sum of two thousand five hundred dollars to Trustees of the Deaf and Dumb Asylum, for rooms for colored mutes and two thousand five hundred dollars per annum for the support of -said colored mutes.
A resolution to appropriate money to the Special .Joint Committee to investigate the lease of the \Vestern and Atlantic Railroad. An act to allow the Mayor and Council of Athens to use the money set aside heretofore to build public dsterns, to pay the Pioneer Hook and Ladder Company to purchase lot upon which to locate their hall.

Mr. Northen, chairman of the Committee on Edu<lation, submitted the following report :
Mr. Speaker :
The Committee on Education have had nuder cont~ideration the following Senate bill, which they recommend do pass, to-wit:
A bill to be entitled an act to authorize the County Boards of Education and the Boards of Education in the city of Savannah, and other cities of the State of Georgia, to require scholars to be vaccinated before admission to the schools.
The committee have also considered the following bills which they recommend do not past:, to-wit:
A bill to be entitled an act to abolish the office of County School Commissioners for the counties of Fannin, Gilmer and Pickens, and to require the Ordinaries of the BP,Veral counties named to perform, with-

432

JouRNAL oF THE HousE,

out additional compensation, the duties now performed by the commissioner aforesiad, and to provide for the election by the people of three trustees for each of the school sub-districts in the counties aforesaid and to prescribe the duties of said trustees, and for other purposes.
Also, a bill to be entitled an act to appropriate the fund arising from the hire of penitentiary convicts in this State, to the support of the University of Georgia and the Atlanta University, and for other purposes.
Respectfully submitted,
vV. J. NoRTHEN, Chairman.
Mr. "\Valker, chairman of the Committee on Sanitation and Hygiene, submitted the following report:
Mr. Speaker :
The Committee on Sanitation and Hygiene have had under consideration the following bills, to-wit :
A bill to be entitled an act to regulate the practice of medicine in the State of Georgia, which they recommend do pass by substitute.
Also, a bill to be entitled an act to establish a Board of pharmaceutic examiners, and to prescribe the powers and duties of said board, and to r:>gulate the compounding and vending ofmedicines, drugs and poisons, in the State of Georgia, and to provide a penalty for the infringement of the provisions of this act, which they also recommend do pass by substitute.
Respectfully submitted, F. vVALKETI, Chairman.
Leave of absence was granted to Mr. Dial on account of a death in his family ; to Mr. vVilson, of Camden, on account of sickness; to Mr. Johnson, of Johnson, on account of sickness in his family; to Messrs. Heard and Coffin on business, and to Mr. Lamb for a few days after Saturday next.
The House then adjourned till 9 o'clock to-morrow morning.

THURSDAY, AUGUST 11, 1881.

433

ATLANTA., GEORGIA.,
Thursday, August 11, 1881. The House met pursuant to adjounment, was called to order by the Speaker and opened with prayer by the Chaplain. The roll was called and a quorum found to be present. Mr. Kimsey, from the Committee on Journals, reported the Journal of yesterday examined and approved. The J onrnal was then read and approved.
Leave of absence was granted to Mr. Hagen on account of sickness in his family.
Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
'l'he Committee on Enrollment report, as duly enrolled, signed by the Speaker of the House of Representatives and President of the Senate, and delivered to the Governor the following acts, to- wit :
An act revising the Superior Court calendar for all the counties of the Brunswick Judicial Circuit.
Also, an act to amend an act entitled an act to incorporate the Stone Mountain Granite and Railway Compauy, ajJlJl'Oved Octulwr 2G, 1040.
Also, an act prescribing the metlwd of granting license to sell spirituouti ot iutuxit:.ttiJ,g Lquors in the county of Scriven, and for other purposes.
Also, an act to provide for payment of the debt of Clarke county, and to meet the annual current expenses of said county.
Also, an act reducing the official bond of the Sheriff of the county of Early, and for other purposes.
Also, an act appropriating fifty dollars to pay I. Y. Sawtell for twenty-five ays' services as a witness before Joint Wild Land Committee at the last session of this General Assembly.
28

434

JouRNAL oF THE HousE,

Also, an act estabiishing a system of public schools for the city of Romt>, and to provide for the support thereof.
Also, an act creating a Board of County Commissioners for Brooks county, and for other purposes.
Respectfully submitted, J. L. SwEAT, Chairman.
The following message was received from the Senate, through Mr. Cabaniss, the Secretary pro tem. thereof:
"""llr. Speaker :
The Senate has passt>d the following House bill, to-wit:
A bill to prevent the sale of intoxicating liquors within three miles of Pisgah and Mount Pleasant churches in the county of Floyd, which was passed by a constitutional majority-yeas 24, nays none.
Also, the Senate has concurred in the following House resolution, to-wit:
A resolution requesting the Governor to return House bill No. 51, to the General Assembly for amendment.
On motion of Mr. Davis, of Lumpkin, the following bill was made the special order for 'Vednesday next, the 17th inst, immediately after the reading of the J onrnal, to-wit:
A bill to appropriate the sum of twenty thousand dollars to the University of Georgia to rebuild and refurnish the North Georgia Agricultural College, at Dahlonega_
The special order for the day was taken up, to-wit: A bill to incorporate the Cincinnati and Georgia Railroad Company, and to define its rights, powers and privileges, and for other purposes. Mr. Jemison offered an amendment, to which Mr. Barrow proposed an amendment. The last amendment wae adopted.

THURSDAY, AUGUST 11, 1881.

435

Mr. Rankin offei"ed a substitute for the amendment :as amended.
The substitute was not advpted. The amendment, as amended, was adopted. Mr. Jemison offered an amendment to section 6, by adding an additional proviso. The amendmeP-t was adopted.
Mr. Rankin offered an amendment to the 2d section. The amenment was adopted.
Mr. Turner, of Monroe, moved to reconsider the action of the House in adopting the amendment first offered by Mr. Jemison.
The motion to reconsider prevailed.
Mr. Barrow then offered an amendment to the amendment just reconsidered.
The amendment was adopted, and the amehdment, as amended, was adopted.
Mr. Jemison offered an amendment to section 2, which was not adopted.
Mr. Jemison proposed to amend section 9, by adding certain words to said section. The amendment was not adopted.

The report of the committee as ameded, was agreed to, and the bill was read the third time, the proofs of the publication of the notices required by law were exhibited, and on the question of the passage of the bill Mr. Anderson, of Newton, called for the previous question ; the call was sustained, and the main question ordered.

By unanimous consent, the following resolution was introduced, read and agreed to, to-wit:
A resolution extending the time of the morning session until the bill now under consideration is disposed of.

Mr. Rankin called for the yeas and nays ; the call

436

JOURNAL OF THE HoUSE,

was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Bacon of Chatham, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Branson, Brewer, Brinson, Bull, Burch, Cameron, Carter, Carithers, Christie, Clark, Cook, Crumbley, Davis of Habersham, Davis of Lumpkin, Day, Denton, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Farnell, Feagin, Flynt, Fordham, FostPr, Fuller, Garrard, Glover, Goodrich, Hale, Heard, Heath, Hester, Hill, Hillyer, Hunt, Jackson of Carroll, Jackson of Richmond, James, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, LHtle, Maddox, Martin of Houston, Martin of Talbot, Mays of Butts, McBride, McCants, McClellan, Mcintosh, McKinney, McLeod, McLucas, Middlebrook, ::\filler, ::\Iitcht>ll, .1\lilner, Moore of Hancock, Moore of Taliaferro, ::\Ionow, Nichols, N orthen, Orr, Palmour, Park, Patterson, Peek, Perkins, Price, Quillian, Rainey, Rawlins, Reese, ReudPr. RicE'. Ritchie, Robins, Roney, Sa pp, Scrugg:<, ~~!i ckley. Singleton, Silman, Smith of Oglethorpe, :::lpence, Spearman, Stanford, Stapleton, Story, Strother, Summerlin, Sumner, Sweat, Thompson, Tmw~r of Floyd, Turner of Monroe, Turnipseed, Twiggs, \Valker of Berrien, \Yalker of Jaspt>r, Whittle, \Vilkinson, \Viison of Greene, \Vingfield, \Vinslow, \Vithrow, \Yright, Youngblood, Zachry, Zellars-134.

Those voting in the negative are Messrs.-
Barnes, Broyles, Crozier, Daniel, Dial, Gaskins, Gray, Hall, Hammond, Henry, Hightower of Early, Hightower of Stewart, J emis)n, Keil, Kennedy, Mathews, McClure, Post, Rankin, Smith of Union,

THURSDAY, AUGUST 11, 1881.

437

'Tharpe, Walker of Crawford, Wheeler, Willingham, Wilson of Bulloch-25.

Those not voting are Messrs.-
Coffi.n, Crawford, Hagen, Harp, Harrell, Hutchins, Janes, Johnson of Johnson, Mays of Richmond, McAllister, Moore of Pierce, Polhill, Sellars, Williams, vVilson of Camden, Mr. Speaker-16.

So, the requisite constitutional majority having voted in the affirmative, the bill was passed, as amended.

The hour of 12 o'clock having arrived, the Senate appeared in the hall of the House of Representatives, and the joint session of the GPneral Assembly was called to order by Jlon. James S. Boynton, President of the Senate.
The joint resolution of the House and Senate, providing for and fixing the time of the election of a _Judge and Solicitor-General of the Northeastern Circuit for the terms, respectively, prescribed in the act, passed at this session, creating said circuit, was then read.
The President announced the first business in order the election of a Judge for said circuit.
vV. L. Marler, of Hall, C. H. Suttou, of Habersham, and C. J. Wellborn, of Union, were nominated.

Up;m calling the roll of the Senate, the vote was as follows, to- wit :

Those voting for Mr. vVellborn are Messrs-
Baggs, Baker, Barksdale, Brown, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, Harris, Hawes, Jordan, Johnson, King, McDaniel, Mattox, McvVhorter, Neal, Parks, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Treadwell, "\Vilson, vVinn, vVoodward, Mr. President-34.

438

JOURNAL OF THE HOUSE,

Those voting for Mr. Marler, are Messrs.Bond, Meldrim, Price-3.

1\lr. Sutton voted for Mr. Moseley.

'!'hose not voting are Messrs.-
Harrell, Hackett, Hicks, Payne, Suddath, 'Vestbrook_:_6.

Upon calling the roll of the House the vote was as follows, to-wit:

Those voting for Mr. 'Vellborn are Messrs.-
Adderton, Awtry, Bacon of Chatham, Barnes, Bates, Bird, Branch, Branson, Broyles, Burch, C,tmeron, Carter, Christie, Clark, Crumbley, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Pike, Dyer, Dykes, Edwards, Farnell, Feagin, Flynt, Fordham, Foster, Fuller, Gaskins, Glover,Goodrich, Gray, Hale, Hall, Hammond, Heald, Heath, Henry, Hester, Hightower of Early, High towPr of Stewart, Hill, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Johnson of Lee, Jones of DeKalb, Lamar, Lamb, Lonnon, Lester, Maddox, Martin of Houston,. McBride, McClure, McClellan, Mcintosh, McLeod, Middlebrook, Mitchell, l\Iilner, Nichols, N orthen, Orr, Palmour, Park, Patterson, Peek, Polhill,Post, Rainey, Rankin, Rawlins, Reese, Render, Rice,Ritchie,Honey, Sapp, Shockley, Smith of Oglethorpe, Smith of Union, Spearman, Stapleton, Story, Strother, Summerlin, Sweat, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Walker of Crawford, Walker of Jasper, Wilkinson, vVilson ot Bulloch, \Vilson of Greene, Winslow, Withrow, vVright, Zachry, Zellars-113.

Those voting for Mr. Marler are Messrs.-
Anderson of Newton, Arrington, Beatty, Bennett, Brinson, Carithers, Cook, Crozier, Daniel, Estes, Garrard, Hillyer, Janes, Jones of Baker, Julian, Keil,

THURSDAY, .AUGUST 11, 1881.

439

Kennedy, Little, Martin of Talbot, McCants, McKinney, Miller, Moore of Hancock, Morrow, Perkins, Price, Quillian, Robins, Singleton, Silman, Spence, Stanford, Sumner, Turnipseed, walker of Berrien~ Wingfield, Youngblood-37.

Those voting for Mr. Sutton are Messrs.-
Barrow, Basinger, Brewer, Davis of Habersham, DuPree ot Macon, Kimsey, Lewis, Twiggs, Whittle~ Willingham-10.

Those not voting are Messrs.-
.AndPrson of Cobb, Bull, Coffin, Crawforil, Hagen. Harp, Harrell, Jemison, Johnson of Johnson, Math ews, Mays of Butts, Mays of Richmond, McAllister, McLucas, Moore of Pierce, Moore of Taliaferro, Sellar~, Scruggs, vVheeler, vVilliams, \Vilson of Camden, Mr. Speaker-15.
Upon counting the vote in the General Assembly, it appeared that the total number of vof,,s cast, 198,. necessary to a choice 100, that C. J. wellborn had received 147 votes, \V. L. Marler 47 votes, and C. H. Sutton 11.
C. J. Wellborn having received a majority of all the votes cast, was declared duly elected Judge of the Northeastern Circuit for the term specified in the act creating said circuit
The President declared the next business in order was the election of a Solicitor-Geueral for theNortheastern Circuit for the term spe<..:itied in the act of creating said circuit.
H. \V. J. Ham, of Hall; \V. S. Erwin, of Habersham; R. H. Baker, of Lumpkin; and \V. F. Findley, of Hall, were placed in nomination.
Upon calling the roll of the Senate, the vote was as follows, to-wit:
Those voting for Mr. Erwin are Messrs.--
Baker, Barksdale, Butt, Carter, Daniel, Denmark,

440

Jl>URNAL OF THE HousE,

Fouche, Gtwrry, Johnson, McDaniel, Mattox, MeWhorter, Most>ley, Reid, Smith of the 15th, Smith of the :23d, Storey, Woodward-18.

Those voting for Mr. Ham are Messrs.-
Brown, Harris, Hawes, Jordan, King, Meldrim, Neal, Smith of thE' 5th, Wilson, Winn-10.

Those voting for Mr. Baker are Messrs.-
Baggs, Bond, Byrd, Curtis, Duggar, Gorman, Parks, Price, Treadwell--9.

Those not voting are .Mes:;rs.-
Harrell, Hackett, Hicks, Payne, Suddeth, "\Vestbrooks, Mr. President-7.
Mr. Estes withdrew the name of W. F. Findley.

Upon calling the roll of the House, the vote was as fallows, to-wit:

Those voting for Mr. Ham are Messrs.-
Adderton, Anderson of Newton, Arrington, Awtry, Bates, Bird, Branch, Cameron, Cook, DuBignon, Dyer, Edwards, Estes, Farnell, Feagin, Fordlwm, Gaskins, Goodrich, Halt>, Hall, Hammond, Heath, Hillyer, James, Jemison, Jones of DeKalb, Julian, Keil, Kennedy, Lamb, Martin of Houston, Martin of Talbot, Mays of Butts, McBride, McClellan, McKinney, McLeod, l\foore of Hancock, Nichols, Northen, Patterson, Peek, Pt>rkins, Polhill, Rawlins, Robins, Roney, Sapp, Scruggs, Shockley, Singleton, Stapleton, Strother, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd, Twiggs, "\Valker of Berrien, \Valkn of Crawford, Whittle, "\Vilkinson, "\Viison of Bulloch, \Vinslow, \Vright, Youngblood-69.

Those voting for Mr. Erwin are Messrs.Bacon of Chatham, Barnes, Barrow, Basinger, Ben-

"TTIUHSDAY, AUGUST 11, 1881.

441

nett, Brewer, Brinson, Broyle&, Bnrch, Carithers, Christie, Clark, Daniel, Davis of Habersham, Day, Denton, DuPree of Macon, DuPree of Pike, Dykes, Flynt, Foster, Fuller, Garrard, Glover. Gray, Heard, HestPr, Hightower of Early, Hill, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, ,Janes Johnson of LPe, .JonPs of Baker, Lamar, Lonnon, L'"'ster, Little, :Maddox, .Mathews, McCants, .McClure, .McIntosh, Middl1>brook, Miller, Milner, Morrow, Price, Rainey, ReeSP, Rt~nder, Rice, Smith of Ogle~horpe, Spence, SpParman, Stanford, TurnPr of Monroe, Turnipseed, Walker of Jasp~r. \Villingham, Wingfield, Zellars, Mr. Speaker-64.
Thost> voting for Mr. Baker lire Messrs.Anders(n of Cobb, Beatty, Carter, Crozi,..r, Crumbley, Davis of Lumpkin, Dial. Henry. Hightower of Stewart, Kimsey, Lewis, Mitchell, Orr, Palmour, Park, Post, Quillian, RitchiP, Silman, Smith ofUnion, Story, \Vilson of Greene, Withrow. Zachry-24.
Those not voting are Messrs.Branson, Bull, Coffin, Crawford, Hagen, Harpe, Harrell, Mays of Richmond, McAllister, M0Lucas, Moore, of Pierce, Moore of Taliaferro, Rankin, Sellars, \VhePler, \Villiams, Wilson of Camden-18.
Upon counting the votes cast in thP General Assembly, it appeared that the total numbPr cast was 194; necessary to a choicP, 98; that \V. S. Erwin had received 82 votes; that H. \V. J. Ham had received 79 votes, and R H. Baker 33 votes.
No one havin;.; recPived a majority of all the votes cast, the President declared there had been no election, and another ballot was ordereO..
The name of R. H. Baker was withdrawn.
On calling the roll of the Senate, the vote was as follows, to-wit:
Those voting for Mr. Erwin are Messrs.Eaker, Barksdale, Butt, Byrd, Carter, Daniel, Den-

442

JouRNAL oF THE Hou:-;E,

mark, Fouche, Gorman, Guerry, Hawes, Johnson, McDaniel, Mattox, Mc\V"horter, Moseley, Parks, Price, Reid, Smith of the 15th, Smith of the 23d, Storey, Treadwell, vVoodward, Mr. President-25.
Those voting for Mr. Ham are 1\iessrs.Baggs, Brown, Bond, Curtis, Duggar, Harris, J ordan, King, Meldrim, Neal, Smith of the 5th, Wilson,. Winn-14.
Those not voting are Messrs.-
Harren, Hackett, Hicks, Payne. Suddath, Westbrook-6.

Upon calling the roll of the House, the vote was as follows, to wit:

Those voting for Mr. Erwin are .Messrs.-
Barnes, Barrow, Basinger, Bennett, Brewer, Brinson, Broyles, Burch, Carter, Carithers, Christie, Clark, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuPree of Macon, DuPree of Pike, Dykes, Flynt, Foster, Fuller, Garrard, Gaskins, Glover, Gray, Heard, Hester, Hightower of Early, Hightower of Stewart, Hill, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, Janes. Johnson of Lee, Kimsey, Lamar, Lonnon, Lewis, Little, Maddox, Mathews, McBride, McCants, McClure, Mcintosh, McKinney, Middlebrook, Miller, Mitchell, Milner, Morrow, Park. Post, Price, Quillian,IRainey, Reese, Render, Rice, Ritchie, Silman, Smith of Oglethorpe. Spence, Spearman, Stanford, Story, Strother, Turner of Monroe, Turnipseed, \alker of .Jasper, vVilliams, \Vilson of Greene, Wingfield, withrow, Zachry, Zellars, 1fr. Speaker -87.

Those voting for Mr. Ham are Messrs.Adderton, Anderson of Cobb, Arrington, Awtry, Ba-

THURSDAY, AUGUST 11, 1881.

443-

con of Chatham, Bates, Beatty, Bird, Branch, Cameron, Cook, DuBignon, Dyer, Edwards, Estes, Farnell, Feagin, Fordham, Goodrich, Hale, Hammond, Heath, Henry, Hillyer, James, Jemison, Jones of DP-Kalb, Julian, Keil, Kennedy, Lamb, Lester, Martin of Houston, Martin of Talbot, Mays of Butts, McClellan, McLeod, Moore of Hancock, Nichols, N orthen, Orr, Palmour, Patterson, Peek, Polhilt, Rawlins, Robins,. Roney, Sapp, Scruggs, Shockley, Singleton, Smith of Union, Stapleton, Summerlin, Sumner, Sweat, Tharpe,. Thompson, Turner of Floyd, Twiggs, vVaJker of Berrien, Walker of Crawford, vVhittle, vVilkinson, Wilson of Bulloch, vVinslow, Wright, Youngblood
-68.

Those not voting are Messrs.-
Anderson of Newton, Branson, Bull, Coffin, Crawford, Hagen, Hall, Harp, Harrell, Johnson of Johnson, J 011es of Baker, Mays of Richmond, McAllister, McLucas, Moore of Pierce, Moore of Taliaferro, Perkins, Rankin, Sellars, \Vheeler, "\Villingham, Wilson of Camden-20.

Upon counting the votes in the General Assembly, it appeared that the total number of votes cast was 193; necessary to a choice, 97; that vV. S. Erwin had received 111 votes and H. W. J. Bam bad received 82 votes.
\V. S. Erwin was thereupon declared duly elected Solicitor-General of the Northeastern Circuit for the term prescribed in the act creating said circuit.
On motion, the joint session was then dissolved.

Leave of absence was granted to Messrs. Fordham and Walker, of Jasper, on account of sickness; to Mr. Moore, of Hancock, on account of business, and. to Mr. Lewis, after Saturday next, on business.
The House thed adjourned till 9 a. m. to-morrow.

444

JouRNAL oF THE H ..usE,

ATLANTA, GEORGIA,
Friday, August 12, 18tH.
The House met pursuant to adiournment, was called to order by the Speaker and opened with prayer by the Chaplain.
The roll was called and a quorum found to be present.
Mr. James, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.

Mr. Hutchins, chairman of the Committee on Finance, submitted the following report:
j}r. Speaker :
The Committee on Finance have had under considration the following bill, which they instruct me, as their chairman, to return to the House, with the recommendation that it do pass, to-wit:
A bill to be entitled an act to pay T. L. Snead for services renden~d. the State of Georgia in settling claim of State of Georgia against Henry Clews & Co., of the State of New York.
Also, the following, 'vith the recommendation that the same do pass, as amended, to-wit:
A bill to be entitled. an act to provide for the erection of a State capitol building, and to appropriate money for the same, and. for other purposes.
Also, the following, which they recommend. do not pass, to-wit:
A bill to be entitled. an act to repeal the 17th paragraph of section 2 of the act entitled an act to levy and. collect a tax for the support of the State Government and. the public institutions, to pay the interest and. maturing principal of the public debt, and for educational and. othPr purposes herein mentioned, for

FRIDAY, Auou::;T 12, 1881.

445

each of the fiscal years eighteen hundred and eightyone and eighteen hundred and eighty-two, approved December 7, 1880.
Also, a bill to be entitled an act to appropriate money to pay Mynatt & Howell for legal services rendered the State of Georgia, and for other purposes.
The committee have also had under consideration the following resolutions, which they recommend do pass, to-wit:
A resolution requesting the Commissioner of Immigration to furnish a list of immigrants brought by him to this State, etc.
Also, a joint resolution authorizing the State Treasurer to pay interest due on certain bonds of this State therein mentioned.
Respectfully submitted, N. L. HuTCHINS, Chairman.
Mr. Estes, chairman ot the Committee on Corporations, submitted the following report:
JJ:fr. Speaker :
The Committee on Corporations have had under consideration the following bill, which is numbered 419, and which is the substitute reported by the Committee on Local and Special Bills upon consolidation of bills K os. 101, 102, 103, 104, 134, 135, 158 and 535, and which is entitled-
A bill to be entitled 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.
"'Whic.h I am instructed to report to the House, with a recommendation that it do pass by a substitute having the s'lme title.
Proper proofs of notice of intention to apply for the passage of said bill was before the committee.
Respectfully submitted, J. B. EsTES, Chairman.

446

JouRNAL oF THE HousE,

::\fr. Rankin, chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker :
The Committee on Railroads have had under consideration the following bill, which they have instructed me to report back to the House, with the recommendation that it be referred to the Committee on Corporations, to-wit:
A bill to be entitled an act to alter and amend the charter of the Bainbridge, Cuthbert and Columbus Railroad Company, to change the name and to increase the capital stock of said company, and for other purposes.
Respectfully submitted,
vV. R. RANKIN, Chairman.

Mr. Hammond, chairman of the Geneml Committee on the Judiciary, summitted the following report, towit:
Mr. Speaker :
The General Committee on the Judiciary have had under consideration the following bill, which they recommend do pass, by substitute, to-wit:
A bill to pro.vide methods of service, and to determine the venue in suits against telegraph companies in this State.
Respectfully submitted, W. M. HA~IMOND, Chairman.

Mr. N orthen, chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
The Committee on Education have considered the following resolution, which they recommend do not pass, to-wit:
A resolution looking to the appointment of a com-

FRIDAY, AUGUST 12, 1881.

447

mittee to consist ot the Governor, the President of the
Senate, the Speaker of the House, chairman of the Committee on Education of the Senate and House, and Commissioner of Education, to inquire into the expediency of establishing district or local colleges as departments of the University, and report to the next annual session of the General Assembly.
The committee have also considered the following bills, which they recommend be consolidated and :passed by substiute, to-wit :
A bill to establish a branch college of Agricultural and Mechanical Arts and Sciences at Hamilton, in this State.
Also, a bill to be entitled an ace to authorize the Trustees of the State University to accept as a branch of said institution a college of Agriculture and Me<lhanic Arts and Sciences to be establishad at Rome, in this State, and to authorize and direct said trustees to make appropriations for payment of teachers for such college out of landscrip fund, as provided by act of Congress of July 2, 1862, and now administered by said trustees.
Respectfully submitted, W. J. N ORTHEN, Chairman.

Mr. Smith, chairman of the Committee on Agriculture, submitted the following report, to-wit:

Mr. Speaker:
The Committee on Agriculture have had under consideration the following bill, which they instruct me to report back, with the recommendation that it do pass, to-wit:
A bill to be entitled an act to precribe and fix the legal weight of rough rice in this State.
Also, the following bills, which they recommend do not pass, to-wit:
A bill to be entitled an act to define the lines in ref-

448

JouRNAL oF THE RousE,

erence to adjoining fields and farms, or lawful divisions may exist ; to define the duties and fix the liabilities of the owners or tenants of such fields or farms ; to make penal certain violations of said duties, and to alter or repeal any existing laws in conflict with this act.
Also, a bill to be entitled an act to prohibit hunting or fishing m the lands of another in the county of Tatnal, and to define who shall prosecute, and to prescribe a punishment therefor, and for other purposes.
Also, a bill to be entitled an act to repeal section 1455 of the Code of Georgia, in reference to the manner in which the stock law as embraced in sections 1449, 1450, 1451, 1452, 1453 and 1454, of the Code of 1873, shall become operative in this 8tate, and to enact in lieu thereof that said stock law, as embraced in said sections of the Code, shall become law, and operative in any county or militia district of any county in this State, upon the recommendation of a majority vote of two successive grand juries.
Also, the following bills, which they recommend the introducer be allowed to withdraw:
A bill to be entitled an act to amend section 1455 of the Revised Code of Georgia, setting forth how and when sectiOns 1449, 1450, 1451, 1452, 1453 and 1454, relating to inclosures and fences, may become operative.
Also, a hill to be entitled an act to encourage the culture of fish in this State, and to prohibit persons from fishing in the waters of citizens of this State without their consent, and after notice forbidding them so to do, and to prescribe a penalty for the violation of the same.

Mr. DuBignon, chairman, on the part of the House, of the special committee to investigate and report upon the necessity of enlarging the present or building a

FRIDAY, AUGUST 12, 1881.

449

branch lunatic asylum, submitted the following reports for the majority and minority :

Mr. Speaker :
A majority of the joint committee appointed to investigate and report upon the necessity of enlarging the present or building a branch lunatic asylum, beg leave to submit the following report, to-wit:
Your committee, upon investigation, have found a pressing necessity for immediate provision by the General Assembly tor this class of our unfortunate fellowcitizAns. From the _resident physician we have ascertained that there are now one hundred and eighty-two applications for admission into this institution by persons adjudged insane, many of which are languishing in the common jails of the various counties. Additional to this number, thert: are doubtless many more throughout the State for whom no application have been made because of the great number who could not be received. The present building, we learn from the resident physician and president of the bo:trd of trustees, is crowded to its utmost capacity; every parlor in the building, except a small one in the female department, being now used for bed rooms.
A majority of your committee, while impressed forcib1y IYith m~ny of th< s:tefl rn-nt!'1:'r] h thr' Wlrtl~ern portion of the State for the erPction of a braneh asylum, are yet s::tisfied thnt both frnm thP economy of construction and management, it would be more practicable to enlarge the prPsent institution rather than construct a new one. Your committPP lean~ed from Col. L. N. Whittle, president of the hoard of trustees, that there are now upon the grounds of the present asylum nearly five hundred thousand brick belonging to the State, which can be usPd in enlarging or constructing anothPr.
From itemized estimates prepared by the engineer, your committee has learned the cost of the various
29

450

JouRNAL oF THE RousE,

mechanical appliances, water-works, gas-works, laun-

dry, machinery, engines, etc., now in use, to be about

eighty-nine thousand dollars; that, with but small

.additional expense, not exceeding $1,000, for piping,

etc., the new buildings, if located here, could be sup-

plied with water, gas, steam, etc.

Your committee also considered the annual cost of

a separate cot ps of officers and attendants, should a

branch asylum be established, while if the present in-

stitution is enlarged there would likely be necessity

but for one assistant physician, and attendants.

A written communication on' behalf of the city of

Gainesville, signed by the Ron. J. B. Estes, Represen-

tative of Hall county, has been placed in the hands of

the committee, and we herewith report the same to the

General Assembly for such consideration and action

as it may deem proper.

The resident physician, Dr. T. 0. Powell, and such

members of the board of trustees who appeared before

the joint session of the Senate and House Committee,

dwelt at length upon the necessity of improved moral

or mental treatment for the insane, and looking to this

end urged the construction of separate building for

their treatment. Your committee, impressed with the

views of these gentlemen, who have devoted years of

study to the subject, and recognizing that they could

be ext>cuted with one building the State with a greater

expenditure than is n!-lcessary in otherwise providing

for the number of insane, have embodied their conclu-

sions in a hill, which we herewith report to the House

and urge its favorable consider!ltion.



Your committee attaches hereto a copy of the spedal report of the rPsident physician to the board of

trustees, and asks that it may be considered as a part

-of this report.

W. P. BoND, Chairman, t of S at

E. P. S. DENMARK,

j en e_

F. G. DuBIGNON, Chairman, E. A. PERKINS.

FRIDAY, AUHUST 12, 1881.

451

Mr. Davis, from the Special Committee on Lunatic Asylum, also submitted the following minority report:

Mr. Speaker:
As a member of the joint special committee appointed to take into consideration and report what action is best to be taken with reference to the State lunatic asylum, I feel constrained to dissent from the report .of the majority of said committee, and I beg the indulgence of the House while I present some of the many reasons which impel me to this course.
In the first place,, considering the comfort, health and best interest of the inmates or patients, I don't hesitate to say that when so many of these unfortunates are congregated together, as are now in this institution, the sanitary regulations are more difficult and more expemive and less effectual than if the same number of inmates were equally divided between two institutions situated far apart.
Moreover, it is found with persons possessed of reason, to be beneficial to some to be in a cool, bracing -climate, while others are better off in a warmer and more congenial climate, and I cannot l:'ee why this differt>nce does not obtain in case of loss of reason.
If it be true that some rational persons are benefited by staying even for a short time in summer .in a cool, mountainous region, while others are benefited by leaving the cooler and more elevated sections and going down south, then why would it not be better to have a place situated in the high mountainous regions and another in the center of the State, while, if needed, still another- be located in the southernmost part of the State.
In the second place, considering the best interest of the State, it is certainly cheaper to provide the necessary accommodations at some other point. Propositions were submitted to the committee to provide the necessary accommodations for all the unfortunates

452

JOURNAL 01!' THE HOUSE,

who have not already been received into the institution at considerable less cost than the same can or will be provided at the present site of the institution, and it is certainly to the interest of the State to save so large a sum.

In the third place, considering the safety of the inmates and buildings, it certainly would be wise not to risk the lives of so large a number of lunatics, as is proposed to be collected together, by a single fire, when the risk can be reduced one-half by having a separate institution, to say nothing of the loss of the buildings themselves.

Lastly, all the provisions proposed by the majority of the committee will not meet thA present actual pressing neces,ities, and our peoph~ will be left unprovided for, with lunatics languishing in jails and felons' dungeons, when the same amount of money can be made to furnish from one-filth to one-third more room of precisely the same make, character and construction.
Por tlws+-> and otlwr gooJ reasons, I cculd not assent to the cone! usions of a majority of the committee bnt I preferred to present tlwse my re9sons in the form of a minority report, and I therefore offer the following resolution, to wit:

Resolved, That the bill and report of the majurity of

the committee with the report of the minority and this

resolution be referred back to the Joint Committee on

Lunatic Asylum for further consideration, and the

perfection of a bill or the recommendation of such ac-

tion as will best subserve and promote the best inter-

est of tlw State.

Respectfully submitted,

T. s. DAVIS.

On motion of Mr. DnBignon, the rules were suspended and the following bill, reported by the Committee on Lunatic Asylum, was introduced, read the

FRIDAY, AUGUST 12, 1881.

453

iirst timt> and referred to the Cmomittee on Lunatic Asylum, to-wit : By Mr. DuBignon-
A bill to appropriate money for the purpose of enlarging the State Lunatic Asylum, and for other purposes therein named.
Certain communications from citizens of Gaint>sville, and the Air-Line Railroad and the majority and minority reports were referred to the Committee on Lunatic Asylum with the above bill.
On motion of :Mr. Miller, the following resolution, reported upon favorably by the Committee on Rules, was rt>ad and agreed to, to-wit:
A resolution amending rule No. 12, of the House, by adding "unless the question be upon the passage of a bill, in which case no division of the question shall be permitted.''
By a two-thirds vote-yeas 97, nays none-the following bill was introduced, and by a two-thirds voteyeas 105, nays none-read the first time and referred to the Committee on Railroads, to w1t: By .Mr. Summerlin-
A bill to incorporate the Middle Georgia Railroad Company to extend from Sandersville or Tennille to Union Point, and for other purposes.
By permission of the House, ~fr. Twiggs withdrew Honse bill No. 509.
The following bill was intro(luced, read the first time and referred to the Committee on Finance, to-wit: By .Mr. wheeler-
A bill to levy and collect a tax from dealers in iron safes doing business in this State.
The following bills were introduced, read the first time and refened to the General Committee on the J udiciary, to wit: By .Mr. Bull-
A bill to require the record of certain judgments and

454

JouRNAL OF THE HousE,

executions before they shall be a lien upon property in the hands of bona fide purchasers. By Mr. Johnson, of Lee-
A bill to amend section 1286 of the Code of1873. By Mr. Rankin-
A bill to amend section 3213 of the Revised Code of Georgia. By ~Ir. Rice-
A bill to make it a misdemeanor for any person in this State to seek or solicit to be allowed to serve as a juror in any conrt:in this State, and for other purposes. By Mr. -Wright-
A bill to amend sections 4538 and 4540 of the Code of 1873, and to increase the penalties for the offenses therein enumt>rated.

The following bill was introduced, read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. McCants-
A bill to change the time of holding the Superior Court of Taylor county, Chattahoochee Circuit.
The following bills were introduced, read the first time and referred to the Committee on Finance, towit: By Mr. Story-
A bill to enlarge the powers of county authorities of this State as to levying taxes for pauper purposes. By Mr. Anderson, of Newton-
A bill to authorize the Governor to audit and pay a claim in favor of M. L. D. Pittman, of Alabama, for one thousand dollars. By Mr. Miller-
A bill to alter and amend section 3698 of the Revised Code of 1873, in regard to the fees of jailors, and to regulate the same. By Mr. Hutchins-
A bill to enable the trustees of the University of

FRIDAY, AUGUST 12, 1881.

455

Georgia to inaugurate a system of free tuition in that institution.
Also. the following resolution, to-wit: By Mr. Miller-
A resolution in reference to the application of proceeds of sales of State property.
On motion of Mr. Jackson, of Richmond, House bill No. 461 was taken from the table and re-committed to the Comll}ittee on Finance.
By a two-thirds vote-yeas 98. nays nom~-the following bill was introduced, and by a two-thirds voteyeas 97, nays none-read the first time and referred to the Committee on Temperance, to-wit:
By Mr. AwtryA bill to incorpe>rate New Hope Methodist Episcopal
church, in Carroll county, and for other purposes.

Mr. Polhill, chairman Special Committee on the Judiciary, submitted the following report:

Mr. Speaker:
The Special Committee on the Judiciary have had under consideration the following bill, which they recommend do pass, proofs being correct, to-wit:
A bill to provide for but one grand jury to serve for each term of the Superior Court of Hall county.
Also, a bill to amend section 3509 of the Code of Georgia.
Also, a bill to amend section 4139 of the Code of Georgia.
Also, a bill to provide for the better enforcement of the road laws of this State.
Also, the following bills, which it rPcommends do pass, as amended, proofs being correct, to-wit:
A bill to create a Board of Commissivners for vVorth
county. Also, a bill to protect the farming interests of Mon-
roe county.

456

JouR:><AL OF THE HousE,

Also, the following bills, which it recommends do pass, by substitute, proofs being correct, to-wit:
A bill to prohibit camp hunting by non-rPsidents in the county of Clinch.
Also, a bill to legalize the action of the Board of Commissioners of Roads and Revenues of Douglas county.
Also, a bill to create a County Court for 'Valton county.
Also, the following bill, which it recommends be referred to Committt>e on Ag-ricnlture, to-wit:
A bill to exempt owner-; of stock from liability for trespass in cPrtain cases.
Also, thP following bill, which it recommends introducer be allowed to withdraw, to-wit:
A bill to autlwrize the Board of Commissioners of Twiggs county to punish Road Commissioners.
Also, the following bills, which it recommends do not pass, to-wit:
A bill to authorize the Judges of the County Courts of this State to appoint the Clerk of tlw Superior Court of their respective counties, Clerk of said County Court.
Also, a bill to repeal an act to amend an act entititled an act to incorporate the town of St. :Marys.
Also, a bill to crt>ate a Board of Public Education for the county of Effingham.
Respectfully submitted, J. H. PoLHILL, Chairman.

The following message was received from the Senate, through :Mr. Cabaniss, the Secretary protem. thereof:
.Mr. Speaker :
The Senate has agreed to the following resolution, to-wit:
A resolution that the House of Representatives be requested to return to the Senate, for the purpose of perfecting the same, House bill No. 136.

FRIDAY, AUGllST 12, 1881.

457

By permission of the House, Mr. Miller withdrew House bill No. 392, and Mr. Whittle withdrew House bill No. 439.
By a two-thirds vote-yeas 95, nays none-the following bill was introduced, and by a two-thirds voteyeas 91, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Rice-
A bill to allow and authorize James T. Morris, a minor heir of James T. Morris, of Coweta county, deceased, to takt> possession of his Pstate and to settle with his guardian, and for other purposes.
The fo1lowing bill was introduced, read the first time and nferred to the Special Committee on the J udiciary, to-wit: By Mr. Rice-
A bill to authorize municipal corporations in this State to provide by ordinance for the forfeiture of appearance bonds, and to authorize the presiding officer in any municipal court to bind over or to commit to jail for violations of State law, etc.
The following bill was introduced, read the first time and referred to the Committee on Finance, to wit: By Mr. Barrow-
A bill to authorize W. H. Harrison, of Stewart county, to publish the public acts of tbi.s session, and to authorize the Governor to purchase 300 copies thereof for the State library, etc.
Ou motion of Mr. N orthen, House bill No. 615 was re-committed to the Committee on General J udiciary.
On motion of Mr. Hester, House bill No. 717 was re-committPd to the Committee on Corporations.
By permission of the House, Mr. Heath withdrew House bill No. 889.
By a two-thirds vote-yeas 97, nays none-the fol-

458

JouRNAL oF THE RUSE,

lowing bill was introduced, read the first time by a two-thirds vote-yeas 101, nays none-and referred to the Committee on Corporations, to-wit: By Mr "\Val ker, of Berrien-
A bill to incorporate the town of Alapaha, in the coun'ty of Berrien, and provide for the election of Mayor and Aldermen for said town.
By a two-thirds vote-yeas 95, nays none-the following bill was introduced, anrl by a two-thirds voteyeas 94, nays none-read the first time and referred to the Committf~e on Temperance, to-wit:
By Mr. SummerlinA bill prevPnting the sale or furnishing of intoxicat-
ing liquors within three miles of the Davisboro Baptist church, located near Davisboro, Ga., and for other purposes.
By a two thirds vote-yeas P6, nays none-the following bill was introduced, read the first time by a two-thirds vote-yeas 96, nays none-and referred to the Special Committee on the Judiciary, to-wit: By Mr. Mays, of Richmond-
A bill to abolish the County Court of Richmond county, and for other other purposes.
By pPrmission of the House, Mr. Wright withdrew House bill No. 608.

Mr. Hutchins, chairma11 of the Committee on Finance, submitted the following report :
Mr. Speaker:
'fhe Committee on Finance have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to be entitled an act to establish an academy for the colored blind children of Georgia.
Also, the following, which they recommend do pass by substitute, to-wit:
A bill to be entitled an act to impose a tax on deal-

FRIDAY, AUGUST 12, 188].

45!!

ers in spirituous and malt liquors and intoxicating bitters, and to provide for enforcing the collection of the same by suitable penalties, and to appropriate the net proceed,.; thereof to the support of the public schools.
Also, the following, which they recommend do not pass, to-wit:
A bill to be entitled an act to authorize the Board of Public Education and Orphanage of Bibb county to collect the poll tax for said county from the Tax Collector for said county, and to make t:iettlements with said officer for the same.
Also, a bill to be entitled an act to authorize a salt>of the vVestern and Atlantic Railroad.

Also, the following, which they recommend the in-

troducers be permitted to withdraw, to-wit:

A bill to be entitled an act increasing the tax levies

for the pauper fund in the county of Marion from one-

tenth of one per cent. on the State tax to thirty-five

per cent. on the State tax.

.

Also, a bill to be entitled an act to relieve Samuel

Trout, Treasurer of State deaf and dumb asylum, from

the payment of certain moneys belonging to the State

deposited by him as Treasurer in the Bank of Rome,

suspended.

Respectfully submitted,

N. L. 1::i UTCHINS, Chairman.

The joint committee appointed to investigate the subject of the acceptance of certain bonds of the United States, in the event they should be tendered by the purchasers of the Macon and Brunswick Railroad, in payment of the balance due the State for said property, respectfully submit the following report:

Mr. Speaker :
The proposed bonds have not been actually tendered, are not in the city, and we have not seen any of them,.

460

JOURNAL OF THE HoUSE,

but they are said by Mr. E. W. Cole, President of the
company owning said railroad, to be like one shown to him by the Treasurer, a copy of which is hereto attached.
After careful consideration, assuming that the proposed bonds would be duly and properly tendered if the purchasers were assured of their acceptance, we advise the General Assembly that they should not be aecepted, for the following reasons :
1. 'fhe proposed bonds are not such as are required by the act under which the purchase was made, or the act amendatory thereof.
2. vVe know of no sufficient reason for waiving a compliance with said acts.
Respectfully submitted, DuPo~T GuERRY,
Chairman Senate Committee.
T. L. DAVIS, Chairman House Committee.

ExECUTIVE DEPARniENT, ATLANTA, GA., August 9, 1881.
To tlw House of Representatives:
I have the honor to return to the House of Representatives, in conformity with their resolution of request the act to authorize the corporation of the city of Sandersville to levy a tax for the purpose of establishing and maintaining public schools in said city, and for other purposes, the same being unsigned.
ALFRED H. CoLQuiTT, Governor.
The unfinished business was then resumed, to-wit: A bill to provide for the better inspection, management and control of the convicts.
The immediate question being the adoption ot the substitute proposed by Mr. Reese.

FRIDAY, AuGUST 12, 1881.

461

Mr. Miller offered an amendment to the substitute, providing that the managers of convicts shall be elected by the Honse of Representatives and the Senate in joint session, which amendment was adopted.
Mr. Wheeler called for the previous question; the call was not sustained.
Mr. Tharpe moved to lay the bill on the table, which motion did not prevail.
Mr. McBride offered an amendment inserting "ten hours per day" in the third section, which was not adopted.
Mr. Janes proposed an amendment to the third section of the substitute, providing that the managers provided for shall not be interested in any way in the lease of convicts, which amendment was adopted.
Mr. Spence called for the previous question ; the call was sustained and the main question ordered
On the question of adopting the substitute as amended, in lieu of the original bill, Mr. Perkins called for the yeas and nays ; the call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Anderson of Cobb, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branson, Brewer, Brinson, Broyles, Bull, Cameron, Carithers, Clark, Cook, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dykes, Edwards, Estes, Flynt, Foster, Fuller, Garrard, Glover, Goodrich, Hammond, Heath, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Richmond, James, Janes, Jemison, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Little, Maddox, Martin of Talbot, Mathews, Mays of

462

J uURNAL OF THE Hou:-;E,

Butts, Mays of Richmond, McCants, McClure, McClellan, Mcintosh, McKinney, McLeod, McLucas, Middlebrook, Miller, Milner, Nichols, N orthen, Orr, Palmour, Peek, Perkins, Post, Price, Quillian, Rainey, Rawlins, Reese, Render, Rice, Ritchie, Robins, Roney, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Summerlin, Sumner, Sweat, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, \Yalker of Crawford, wheeler, Whittle, "Williams, ''Tillingham, Wilkinson, \Vilson of Greene, Wingfield, \Vithrow, "'Wright, Youngblood, Zellars-121.

Those voting in the negative are Messrs.-
Adderton, Arrington, A wtry, Branch, Burch, Carter, Denton, Farnell, Feagin, Gaskins, Gray, Hale, Henry, Keil, Lewis, McBride, Mitchell, Polhill, StaplEton, Story, Tharpe, Thompson, \Valker of Berrien, Wilson of Bulloch, '<Vinslow, Zachry-26.
Those not voting are Messrs.-
Anderson of Newton, Christie, Coffin, Crawford, Dyer, Fordham, Hagen, Hall, Harp, Harrell, Heard, Jackson of Carroll, Johnson of Johnson, Martin of Houston, McAllister, Moore of Hancock, Moore of Pierce, Moore ofTaliaferro, Morrow, Park, Patterson, Rankin, Sapp, Sellars, Strother, Walker of .Jasper, Wilson of Camden, Mr. Speaker-28.
So the substitute, as amended, was adopted.
On motion of Mr. Jemison, the time of the morning session was extended until the pending bill is disposed of.
The report of the committee was agreed to, the bill was read the third time, and on the question of the passage of the bill, by the substitute, Mr. Lewis called for the yeas and 11ays ; the call was sustained, and on calling the roll the vote was as follows, to-wit:
[On this question, Mr. Hale announced that he was

FxiDAY, AUGUST 12, 1881.

463

-paired with Mr. "\Vheeler, who, if present, would vote yea, and Mr. Hale nay ]

Those voting in the affirmative are Messrs.-
Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Bennett, Bird, Branson, Brinson, Bull, Cameron. Carithers, Clark, Cook, Daniel, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dykes, Edwards, Estes, Flynt, Foster, Fuller, Garrard, Glover, Goodrich, Hammond, Heath, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Richmond, James, Janes, Jemison, Johnson of Lee, .1 ones of Baker, Jones of DeKalb, Julian, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Little, Maddox, Martin of Talbot, Mathews, Mays of Richmond, McClure, Mcintosh, McKinney, McLeod, McLueas, :Middlebrook, Miller, Milner, Nichols, Peek, Perkins, Post, Reese, Render, Rice, Ritchie, Robins, Roney, Scruggs, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Summerlin, Sumner, Sweat, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, "\Valker of Crawford, Whittle, Williams, "\Villingham, 'Wilkinson, vYingfield, "\Vright, Youngblood, Zellars-97.

'fhose voting in the negative are Messrs.-
Adderton, Anderson of Cobb, Arrington, Awtry, Beatty, Branch, Broyles, Burch, Carter, Crozier, Crumbley, Davis of Habersham, Davis of Lumpkin, Day,Denton, Farnell, Feagin, Gaskins, Gray, Henry, Keil, Lester, Lewis, Martin of Houston, McBride,McCants, McClellan, Mitchell, N orthen, Orr, Palmour, Price,Quillian, Rainey, Rawlins, Shockley, Stapleton, Tharpe, Thompson, "\Valker of Berrien, Wilson of Bulloch, "\Vinslow, Withrow, Zachry-44.

Those not voting are Met>srs.Anderson of Newton, Brewer, Christie, Coffin, Craw~

464

JouRNAL oF THE HousE,

ford, Dyer, Fordham, Hagen, Hale, Hall, Harp, Harrell, Heard, Jackson of Carroll, Johnson of Johnson, Mays of Butts, McAllister, Moore of Hancock, Moore of Pierce, :Moore of Taliaferro, Morrow, Park, Patterson, Polhill, Rankin, Sapp, Sellars, Story, Strother, \Val ker uf Jasper, Wheeler, Wilson of Camden, Wilson of Greene, Mr. Speaker-34.
So the bill passed, by substitute, by the requisite constitutional majority.
Leave of absence was granted to Messrs. Mathews and Mays of Butts, on account of sickness; to Messrs. Arrington, Polhill, Dyer, Bates, Little, Robins, Scruggs and Wright on business.
The House then adjourned till 9 a. m., to-morrow.

ATLANTA, GEORGIA,
Saturday, August 13, 1881.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. H. H. Tucker, D. D.
The roll was called and a quorum found to be present.
Mr. Heath, from the Committee on Journals, re ported the Journal of yesterday examined and ap proved.
Mr. McBride gave notice of a motion to reconsider. The Journal was then read and approved.
Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report:
llfr. Speaker:
The Committee on Enrollment report as duly enrolled and ready for signature of the Speaker of the House of Representatives, the following acts, to-wit:

SATURDAY, AUGUST 13, 1881.

465

.An act prohibiting the sale of intoxicating spirits within three miles of Bethiehem Baptist church, in the 1074th district, G. M., and also within three miles of Shiloh Baptist church, in the 1079th district, G. M., in the county of Polk.
.Also, an act providing compensation for jurors in the County Courts in Georgia.
Also, an act to amend the act fixing the amount ot license for selling or vending spirituous or intoxicating liquors in the counties of Wayne, Liberty, Coffee and Appling, in this State, so as to extend the provisions of the act to the county of Coffee.
.Also, an act authorizing the Board of Commissioners of Roads and Revenues of the county of Glynn to issue bonds, not to exceed the sum of $40,000, and for other purposes therein mentioned.
Also, an act changing the time of holding the Superior Courts for the county of Montgomery, in the Oconee Judicial Circuit.
Also, an act preventing the sale of intoxicating liquors within three miles of Pisgah and Mount Pleasant churches, in the 855th district, G. M., of Floyd county.

The committee also report as duly enrolled and ready for the signature of the Speaker of the House of Representatives the following resolution, to-wit:
A resolution requesting the Governor to return House bill No. 51 to the General .Assembly for amendment.
Respectfully submitted, J. L. SWEAT, Chairman.

Mr. Polhill, chairman of the Special Committee on the Judiciary, submitted the following report:
Mr. Speaker:
The Special Committee on the Judiciary have had 30

466

JOURNAL OF THE HOUSE,

under consideration the following bills, which they recommend do pass, proofs being correct, to-wit :
A bill for the appointment of police or patrol for the territory of Richmond county, not included in any incorporated town.
Also, a bill to establish a City Court for the city of Augusta, in Richmond county.
Respectfully submitted, J. H. PoLHILL, Chairman.

Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report :
Mr. Speaker :
The General Committee on the Judiciary have had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to alter and amend section 1676 of the revised Code of Georgia, changing the manner in which charters may be granted by the cour.ts.
Also, a bill to amend section 2900 of the Code of 1873, defining what demands may be set off.
Also, a bill to amend the road laws of this State, by providing for a commutation tax in lieu of work.
.Also, a bill to extend the provisions of section 4542, of the Code of 1873, to persons gaming with certain officers, agents, or employees of express companies, or railroad companies, etc.
The committee recommend that the following bills do pass, by substitute, to-wit:
.A bill to carry into effect article 6, section 18, paragragh 2, of the Constitution, in relation to the selection of jurors.
Also, a bill to declare the lien of judgments rendered in the Justices' Courts, and to require their record in the office of the Clerk of the Superior Court, in certain cases.

SATURDAY, AUGUST 13, 1881.

467

Also, a bill to amend section 1711 of the Cvde, relative to divorces.
The committee recommend that the following resolution be referred to the Committee on Finance. Your committee have examined into the questioR of the necessity for the purchase of certain volumes of the Supreme Court Reports, called for by the resolution, and report that, in their opinion, such purchase would subserve a good purpose, and supply a want felt in many counties, to-wit:
A joint resolution to authorize the Governor to purchase of Mrs. Ella M. Cook, certain Supreme Court Reports.
The committee return the following bill, with recommendation that the introducer be allowed to withdraw the same, to-wit:
A bill to amend an ace approved October 17, 1879, providing for the revision of the jury boxes, etc.
The committee have had under consideration the following Senate bill, which they recommend do pass, to-wit:
A bill to require all conditional sales of personal property to be evidenced in writing, and for other purposes.
Respectfully submitted, W. M. HAMl\fOND, Chairman.

The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary:
Mr. Speaker :
The Governor has approved and signed the following acts:
An act to establish a system of public schools for the city of Rome, and to provide for the support and maintenance thereof, etc.
An act to amend an act entitled an act to incorpo-

468

JOURNAL OF THE HOUSE,

rate the Stone Mountain Granite and Railway Company, and to confer upon the same certain rights, etc., approved October 26, 1870.
An act to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Scriven, and to increase the fee for said license to $10,000, etc.
An act to reduce the official bond of the Sheriff of the county of Early from the amount now fixed by law to the sum of five thousand dollars.
An act to provide for the payment of the debt of Clarke county, ancl to meet the annual current expenses of said county.
Mr. Garrard, chairman protem. Committee on Railroads, submitted the following report:
Mr. Speaker :
'fhe Committee on Railroads have had under consideration the following bill, which they recommend do pass by subsititute, to-wit:
A bill to be entitled an act to incorporate the Union Railroad Company, and to define its rights, powers and privileges, and for other purposes.
Respectfully submitted, LEWIS F. GAI!RAIW, Chairman, pro tern.

Mr. Lamar, chairman Committee on Internal Improvements, submitted the following report to wit:
Mr. Speaker:
The Committee on Internal Improvements has had under consideration the following bill, which it recommends do pass as amended, proofs correct, towit:
A bill tv be entitled an act to authorize and require the proper officials ot the several counties in this State to provide for the doing of extraordinllry work on the

SATURDAY, AUGUST 13, 1881.

469

public roads at the county expense, and for other purposes.
Respectfully submitted,
L. M. LAMAR, Chairman.

Mr. Estes, chairman of the Committee on Corporations, submitted the following report, to-wit:

Mr. Speaker:
The Committee on Corporations have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to incorporate the town of Arlington, in the counties ofCalhoun and Early.
Also, a bill to incorporate the town of Leary, in the county of Calhoun.
The committee have also had under consideration the following bills, which they recommend do pass as amended, to-wit:
A bill to incorporate the Bru.Rswick and Flint River Railroad Company.
Also, a bill to incorporate the town of Blackshear, in the county of Pierce, and for other purposes.
The committee have also had under consideration the following bill, for which they recommend the passage of a substitute, to-wit:
A bill to amend the several laws incorporating the city of Millt>dgeville, in referPnce to the election of Marshal and Deputy Marshal therein.
Proper proofs of intention to apply for the passage of the foregoing local or special bills were before the committee.
Respectfully t~ubmitted, J. B. EsTES, Chairman.

Mr. McBride moved to reconsider so much of the _Journal as relates to the action of the House in the

470

JouRNAL OF THE HousE,

passage of a bill for the better inspection, management and control of the convicts of this State.
1\fr. Janes moved to lay the motion to reconsider on the table. The motion was withdrawn.
Mr. Spence moved to lay the motion to reconsider on the table. The motion did not prevail.
Mr. Winslow called for the previous question. The call was sustained and the main question ordered.
Mr. James called for the yeas and nays. 'rhe call was not sustained.
The motion to reconsider prevailed. On motion of Mr. Miller, the rules were suspended and the bill taken up. Mr. Hammond offered an amendment, which re-
duced the salaries from two thousand to fifteen hundred dollars, and provided only for actual expenses when visiting the camps. The amendment was adopted.
Mr. Miller called for the previous question. The call was sustained and the main question ordered.
1\fr. DuBignon called for the yeas and nays. The call was sustained, and 011 calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Anderson of Cobb, Anderson of Newton, Barnesr Barrow, Basinger, Bennett, Branch, Branson, Brinson, Broyles, Bull, Cameron, Carithers, Christie, Cook, Crozier, Crumbley, Daniel, Davisof Habersham, Davis of Lumpkin, Day, Denton, Dial, DuPree of Macon, DuPree of Pike, Dykes, Edwards, Estes, Flynt, Foster, Fuller, Gaskins, Glover, Goodrich, Hammond, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hutchins, Jackson of Richmond, James, Janes, Jemison, J olmson of Lee, Jones of Baker, Jones of DeKalb, Julian, Kennedy, Kimsey, Lamar, Lonnon, Maddox, Martin of Talbot, Me Clure, McClellan, Mcintosh, McKinney, McLeod, Me-

SATURDAY, AuGusT 13, 1881.

471

Lucas, Middlebrook, Miller, Milner, Moore of Pierce, Nichols, Orr, Peek, Perkins, Post, Reese, Render, Rice, Ritchie, Roney, Singleton, Silman, Smith of Union, Spence, Spearman, Stanford, Summt>rlin, Sumner, Sweat, Turner of Floyd, Turner of Monroe, Turnipseed, Walker of Crawford, Whittle, \Villiams, Willingham, vVilkinson, Wilson of Greene, Withrow, Youngblood, Zellars-98.

Those voting in the negative are Messrs.-
Adderton, Awtry, Beatty, Bird, Burch, Feagin, Gray, Hale, Jackson of Carroll, Keil, Lester, Lewis, Martin of Houston, McBride, McCants, Mitchell, N orthen, Palmour, Patterson, Price, Quillian, Rainey, Rawlins, Shockley, Stapleton, Story, Tharpe, Thompson, Walker of Berrien, vVilson of Bulloch, Wingfield, Winslow, Zachry-33.

Those not voting are Messrs.-
Arrington, Bacon of Chatham, Bates, Brewer, Carter, Clark, Coffin, Crawford, DuBignon, Dyer, Farnell, Fordham, Garrard, Hagen, Hall, Harp, Harrell, Heard, Hunt, Johnson of Johnson, Lamb, Little, Mathews, Mays of Butts, Mays of Richmond, MeA llister, Moore of Hancock, Moore of Taliaferro, Morrow, Park, Polhill, Rankin, Robins, Sapp, SPllar:s, Scruggs, Smith of Oglethorpe, Strother, Twiggs, walker of Jasper, Wheeler, Wilson of Camden, \Yright, Mr. Speaker-44.

So the requisite constitutional majority having voted in the affirmative, the bill passed, as amended.
On motion of Mr. McClure, the House rt'solved to adjourn at 12m. to day until10 a. m. on ~fonday.
The following bill, which had been made the special order, immediately after the disposition of the bill just passed, was taken up, to-wit:
A bill to incorporate the Rome Southern Rail way

472

J Oll RNAL OF THE HOUSE,

Company, and to authorize said company to build and operate its road from the city of Rome, Georgia, southward to the Florida line, in the direction of St. Marks, Florida, with branches to Atlanta, Macon, Columbus and Brunswick, Georgia, and to authorize said company to consolidate its road with any other road chartered by this State, the State of Tennessee, or the State of Florida, so as to make a continuous line of railroad from Chattanooga, Tennessee, to St. Marks, Florida, and to grant certain powers and privileges to the same, and for other purposes therein named.
Mr. Barrow, offered an amendment striking out certain words in the third and fourth lines of the 8th section, which amendment was adopled.
Mr. Jemison offered an amendment to the sixth section, striking out the words ''perpetual succession," and inserting words to limit the charter to thirty years. Lost.
Mi". Estes proposed an amendment to the 6th section, limiting the charter to fifty years.
The amendment was adopted. Mr. McBride offered all amendment to the 7th section, designating certain points through which the road shall run. The amendment WJ.S adopted. Mr. Jemison proposed to amend 7th section by striking out so much of the section as authorizes the construction of a branch road to the city of Macon. The amendment was adopted. Mr. Miller moved to amend section 7, by striking out the word "Houston" from said section. The amendment was not adopted. The time of the morning session was, on motion, extended until the bill now under consideration can be disposed of. Mr. Awtry proposed an amendment requiring the road to go as near Carrollton as practicable.

SATURDAY, AUGUST 13, 1881.

473

Amendment adopted. Mr. Reese offered an amendment to the 13th section, which was adopted. Mr. DuBignon called for the previous question; the call was sustained and tlw main question ordered. The bill was read the third time, the report of the committee, as amended, was agrePCl to, the proofs of the publication of the notices required by law were exhibited. Mr. Jemison callPd for the yeas and nays on tile passage of the bill; the call was sustaitwd, and on calling the roll the vote was as follows, to-wit :
Those voting in the affirmative are Messrs.-
Anders(,n of Cobb, Awtry, Barnes, Basinger, Beatty, Bennett, Branch, Brinson, Burch, Cameron, Carter, Carithers, Christie, CroziH, Crumbley, Davis of Habersham, Davis of Lumpkin, Day, Dial, DuBignon, DuPree of Macon, DuPrPe of Pike, Dykes, Estes, Farnell, Flynt, :B-,oster, Fuller, Garrard, Gaskins, Glover, Goodrich, Hale, Heath, Henry. Hester, Hightower of Stewart, Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Johnson of Lee, Jones of Baker, Julian, Kimsey, Lamar, Lonnon, Lester, Lewis, Maddox, Martin of Houston, McBride, McClure, McClellan, Mcintvsh, McLPod, McLucas, Mitchell, Milner, Moore of Pierce, Nichols, N orthen, Orr, Palmour, Park. Patterson, Post, Quillian, Rawlins, ReesP, Render, Rice, Ritchie, Roney, Sapp, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Summerlin, Sumner, Sweat, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, WalkPr of Crawford, 'Villiams, 'Vilkinson, Wilson of Bulloch, Wilson of GrePne, -Wingfield, Winslow, Withrow, Youngblood, Zt>llars-103.
Those voting in the negative are Messrs.--
Broyles, Hightower of Early, Jemison, Keil, Mar-

474

JOURNAL OF THE ROUSE,

tin of Talbot, McCants, McKinney, Miller, Rainey, Story, Tharpe, Whittle-12.

Those not voting are ME>ssrs.-
Adderton, Anderson of Newton, Arrington, Bacon of Chatham, Barrow, Bates, Bird, Branson, Brewer, Bull, Clark, Coffin, Cook, Crawford, Daniel, Dentont Dyer, Edwards, Feagin, Fordham, Gray, Hagen, Hall, Hammond, Harp, Harrell, Heard, Hill, Hunt, Johnson of Johnson, J oms of DeKal b, Kennedy, Lamb, Little, Mathews, Mays of Butts, Mays of Richmond, McAllister, Middlebrook, Moore of Hancock, Moore of Taliaferro, Morrow, Peek, Perkins, Polhill, Pricl, Rankin, Robins, Sellars, Scruggst Strother, Twiggs, vValker of Berrien, vValker of .Jasper, \Vher>ler, \Villingham, \Vilson of Camden, \Vright, Zachry, Mr. Speaker-60.
So the requisite constitutional majority having voted in the affirmative, the bill was passed as amended.
Leave of absence was grantPd to Mr. Hall, on account of sickness, and to Messrs. Bacon of Chatham, Wingfield and Keil, on business.
The House then adjourned till 10 o'clock Monday morning.

ATLANTA, GEOHGIA,
Monday, August 15, 1881.
The Rouse met pursuant to adjounment, was called to order by the Speaker and opened with prayer by Mr. Henry, of the Honse.
The roll was called and a quorum found to be present.
Mr. James, from the Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal was then read and approved.

MoNDAY, AuGUST 15, 1881.

470.

By a two-thirds vote-yeas 89, nays none-the following bill was introduced, and by a two-thirds voteyeas 89, nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. HesterA bill to incorporate the Albany, Atlantic and Gulf
Transportation Company.

Leave of absence was granted to Mr. Zellars, on account of the death of a member of his family, and to Mr. Peek, on account of sickness in his family.

By a two-thirds vote-yeas 93, nays none-the following bill was introduced, and by a two-thirds voteyeas 91, nays none-read the first time and referred to the Committee on Corporations, to-wit:
By Mr. JamesA bill to incorporate the Grand Lodge of the Inde-
pendent Order of Obedients of the State.
By a two-thirds vote--yeas 95, nays none-the following bill was introduced, and by a two- thirds voteyeas 89, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. N orthenA bill to create a Board of Commissioners of Roads
and Revenue, in the county of Hancock, and to define their powers.
By a two-thirds vote-yeas 95, nays none-the following bill was introduced, and by a two-thirds voteyeas 96, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. N orthenA bill to authorize and require the registration of
all voters in the county of Hancock, and for other purposes.
By a two-thirds vote-yeas 90, nays none-the following bill was introduced, and by a two-thirds vote-

476

JOURNAL OF THE HoUSE,

yeas 93, nays none-read the first time and referred to the Committee on Railroads, to-wit:
By Mr. MiddlebrookA bill to incorporate the Covington and North
Georgia Railroad Company, and to grant certain powrs and privileges to the same, and for other purposes.
The following resolution was introduced, read the first time, and referred to the Committee on the General J udicary, to-wit :
By Mr. LamarA resolution in regard to the sale of certain lands along the line of theM. and B. R. R., belonging to the State.

The following Senate bills were read the first time and referred to the General Committee on the Judiciary, to wit:
A bill to change the time of holding the Superior Courts of Bulloch county, and for other purposes.
Also, a bill to amend the County Court laws of this State and to alter and regulate the provisions for compensation of the County Court Judges, and to alter and to regulate the mode of proceeding to procure jurors in said court, and to provide for their compensation and the payment of costs.
Also, a bill to repeal section 659 of the Code, and subject to road duty all persons therein named, except such as are exempt under section 610 of the Code.
Also, a bill to provide for the restoration of the last previous name of the wife in all divorce cases now pending, or hereafter brought, wherein the wife may pray for the same and a total divorce shall be granted.
Also, a bill to amend section 326 of the Code, which provides how matters causes and proceedings pending in the Ordinary's court are disposed of when the Ordinary is disqualified.
Also, a bill to define the law of prescription in cases .of constructive possession of land.

MONDAY, AUGUST 15, 1881.

477

Mr. Hammond, chairman of the General Committee on the Judiciary, summitted the following report :

Mr. Speaker :
The General Committee on the Judiciary have had under consideration the following Senate bill, which they recommend do pass, to-wit:
A bill to amend section 1312 of the Revised Code, providing for the time of convening presidential electors by the Governor.
Also, a bill to amend section 4612 of the Code, which provides a penalty for killing and maiming cattle and hogs, etc.
Also, a bill to amend section 4355 of the Code of 1873, which relates to the punishment of bestiality.
The committee have also considered the following Senate bills, which they recommend do not pass, towit:
A bill to amend paragragh 1, section 1, of an act entitled an act to define the jurisdiction, powers and proceedings of every County Court, etc.
Also, a bill to authorize the Jury Commissioners of the various counties of this State to drop from the list and exclude from thH jury box the names of all persons who are disqualified, etc.
The committee have considered the following bills of the House, and rPturn them as follows, that the following bill do not pass, to-wit:
A bill to further define the offense of cheating and swindling, etc., and to provide a punishment for the same.
That the introducer be allowed to withdraw the following bill, to-wit:
A bill to amend the 1312th section of the Code, relating to the consolidation of the returns and notification of persons as electors of President and Vice-President of the United States.

478

JOURNAL OF THE HOUSE,

The following local bill is returned, with recommendation that it do pass (the proper legal notices required by law were exhibited to the committee, examined and found correct), to-wit:
A bill to provide for the payment of the insolvent criminal costs of the Clerk and Sheriff of Richmond county, and for other purposes.
Respectfully submitted, vV. M. HA:M:MOND, Chairman.

The following Senate bills were read the second time, to-wit:
A bill to require all conditional sales of personal property to be evidenced in writing, and for other purposes.
Also, a bill to protect the public schools, private schools and Sunday schools of the State from disturbance, and to punish those who unlawfully disturb the same.
Also, a bill to amend section 1312 of the Code, providing for the time of convening presidential electors by the Governor.
Also, a bill to make it a misdemeanor for any person or persons to carry to any place in this State, where people are assembled for divine worship, or for Sunday school, or for a Sunday school celebration, any intoxicating liquor, and to provide a punishment therefor.
Also, a bill declaring persons who cannot read and write incompetent to serve as election managers.
Also, a bill to amend section 4612 of the Code of 1873.
Also, a bill to amend section 4355 of the Code of 1873, which relates to the punishment of bestiality.
Also, a bill for the more certain levy and collection of the county tax in this State.
Also, a bill to make penal the intentional pointing

MONDAY, AUGUBT 15, 1881.

479

or aiming of fire-arms at another, whether loaded or unloaded.
Also, a bill to authorize the County Boards of Education in the city of Savannah and other cities of this State to require scholars to be vaccinated before admission to the school.
Also, a bill to repeal an act to establish the State line between Georgia and North Carolina, so far as the same is the line between Rabun county, Ga., and Macon county, N. C.
Also, a bill to provide for the service of notice in writing of the time and place of trial of road defaulters.
Also, a bill to prescribe aud fix the legal weight of rough rice in this State.
The following Senate bills, adversely reported upon by the comtllittees, were read the second time, the report of the committees agreed to and the bills lost, towit:
A bill to amend paragraph 1, section 1, ofthe County Court act.
Also, a bill to authorize Jury Commissioners to exclude from the jury boxes the names of parties exempt from jury duty.
The following Senate bill was read the second time, to-wit:
A bill to amend section 4540 of the Code, so as to include servants or agents within said section.
The Senate amendments to the following House bills were concurred in, to-wit :
A bill to amend an act to create a Board of Commissioners of Webster county, approved August 23, 1872, and an act amendatory thereof, approved February 14, 1873.
Also, a bill to incorporate the Planters' Banking, "\Varehouse and Commission Company, at Camilla, Mitchell county, Ga.

480

JouRNAL OF THE HousE,

Also, a bill to exempt from jury duty, pilots and their boat-keepers.
Also, a bill to prohibit the sale of liquors in the county of Lowndes.
Also, a bill to amend section 4109 of the Code.
The flouse refused to concur in the Senate amendment to the folio wing House bill, co- wit:
A bill to pre~cribe the mPthod and increase the fee for selling liquor in Effingham county.
House bill No. 942 was re-committed to the Com mittee on Agriculture; House bill No. 61 was re-committed to the Committee on Financt>, and Honse resolution No. 1:'8 was re-committed to the Committee on Finance.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices nqnired by law were exhibited, and the bill passed as amended by the requisite constitutional majority-yeas 111, nays none- towit:
.A bill to incorporate the Rome and Carrollton Railroad Company.
The following bill was taken up for a third reading, to-wit:
A hill to establish a Bra11ch CollPge of .Agricultural and Mechanical .Arts and Sciences at Hamilton, in this State.
Mr. Barrow proposed to amend the substitute reported by the Committee on Education for the original bill, by adding after the words ".North Georgia .Agricultural Collt:>ge," in the 1st section, and the colleges at Milledgeville, Cuthbert and Thomasville, which are already branches.
Mr. DuBignon proposed to amend the amendment by adding a proviso that any money taken from appropriations for the branches already established,

TuESDAY, AuGUST 16, 1881.

481

for the benefit of the branches at Rome and Hamilton, shall be pro-rated between the branches already established according to the amounts now received by each.
The amendment to the amendment was adopted, and the amendment as amended was adopted.
The rt>port of the committee as amended was the question before the House.
Mr. Stanford moved that the bill be made the special order for Thursday next, immediately after the reading of the Journal, which motion prevailed.
The following bill was read the third time, the report of the committee was under consideration when the hour of adjournment arrived, and the title of the bill is as follows, to- wit :
A bill to declare the lien of judgments rendered in the Jutices' Courts, and to require their record in the office of the Clerk of the Superior Court in certain cases.
Leave of absence was granted to Messrs. Jones of Baker, and Willingham.
The House then adjourned till 9 a. m. to-mo!'row.

ATLANTA, GEORGIA,
Tuesday, Augus[ 16, 1881.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
On motion of Mr. Wheeler, the call of the roll was dispensed with.
Mr. Heath, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved. 31

482

JouRNAL oF THE HousE,

The special order for the day was taken up, to-wit: A bill to provide for the levying of a tax of onetenth of one per centum upon all taxable property in this State, and for the collecting of the same, and for the applying of the net proceeds thereof to the support of the common schools of this State. Mr. Northern offered an amendment to the 1st section, providing that this act shall not go into effect until1882. The amendment was adopted. Mr. Wheeler called for the previous question; the {)all was sustained and the main question ordered. The bill was read the third time, and on the question of agreeing to the report of committee, as amended, Mr. Hunt called for the yeas and nays ; the call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Bacon of Chatham, Barrow, Bennett, Bird, Branch, Broyles, Cameron, Carter, Christie, Crozier, Crumbley, Davis of Lumpkin, Dial, DuBignon, Estes, Feagin, Flynt, Fordham, Foster, Goodrich, Hammond, Heath, Hightower of Stewart, Hunt, Jackson of Carroll, Jackson of Richmond, Johnson of Lee, Jones of DeKalb, Kennedy, Kimsey, Lamar, Lonnon, Lester, Little, Maddox, Martin of Talbot, Mcintosh, McKinney, McLeod, Mitchell, Milner, Moore of Pierce, Moore of Taliaferro, Nichols, N orthen, Orr, Park, Perkins, Post, Price, Rainey, Ritchie, Robins, Roney, Sapp, Shockley. Silman, Smith of Union, Spence, Spearman, Sumner, Turner of Floyd, Tumer of Monroe, Twiggs, Walker of J aspPr, Whittle, Williams, Wilson of Greene, Zellars-72.

'rhose voting in the negative are Messrs.Eames, Basinger, Beatty, Branson, Bull, Burch,

TUESDAY, AUGUST 16, 1881.

483

Carithers, Daniel, Davis of Habersham, Denton, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Farnell, Fuller, Garrard, Gaskins, Glover, Gray, Hagen, Hale, Harrell, Henry, Hightower of Early, Hill, Hillyer, Hutchins, James, Janes, Jemison, Martin of Houston, McBride, McCants, McClure, McLucas, Middlebrook, Miller, Morrow, Palmour, Patterson, Quillian, Rawlins, Reese, Render, Rice, Sellars, Singleton, Stanford, Stapleton, Story, Strother, Summerlin, Tharpe, Thompson, Turnipseed, Walker of Crawford, 'Vheeler, \Vilson of Bulloch, winslow, Withrow, 'Vright, Zachry-6:3.

Those not voting are Messrs.-
A.nderson of Newton, Arrington, Bates, Brewer, :Brinson, Clark, Coffin, Cook, Crawford, Day, Edwards, Hall, Harp, Heard, Hester, Johnson of Johnson, Jones of Baker, Julian, Keil, Lamb, Lewis,Mathws, Mays of Butts, Mays of Richmond, McAllister, McClellan, Moore of Hancock, Peek, Pol hill, Rankin, Scruggs, Smith of Oglethorpe, Sweat, "\Valker of BerTien, 'Villingham, Wilkinson, Wilson of Camden, vVingfield, Youngblood, Mr. Speaker-40.
So the report of the committee was agreed to.

On the question of the passage of the bill, Mr. Hunt {)ailed for the yeas and nays ; the call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
A.dderton, Anderson of Cobb, A.wtry, Bacon of Chatham, Barrow, Bennett, Bird, Broyles, Cameron, Carter, Christie, Crozier, Crumbley, Davis of Habersham, Davis of Lumpkin, Dial, DuBignon, Estes, Feagin, Flynt, Fordham, Foster, Goodrich, Hammond, Heath, Hightower of Stewart, Hunt, Jackson of Carroll, Jackson of Richmond, Johnson of Lee, Jones of DeKalb, Kennedy, Kimsey, Lamar, Lannon, Lester,

484

J ouRN"AL OE' THE HousE,

Little, Maddox, Martin of Talbot, McClellan, Mcintosh, McKinney, McLeod, Mitchell, Milner, Moore of Pierce, Moore of Taliaferro, Nichols, Northen, Orr, Park, Perkins, Post, Price, Rainey, Ritchie,. Robins, Roney, Sapp, Shockley, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Sumner, Sweat, Turner of Floyd, Turner of Monroe, Twiggs, Walker of Berrien, Walker of Jasper, Whittle, Williams, \Vilson of Greene, Youngblood, Zellars-77.

Those voting in the negative are Messrs.-
Barnes, Basinger, Beatty, Branch, Branson, Bull, Burch, Carithers, Daniel, Day, Denton, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Farnell, Fuller, Garrard, Gaskins, Glover, Gray, Hagen, Hale, Harrell, Henry, Hightower of Early, Hill, Hillyer, Hutchins, James, Janes, Jemism, Martin of Houston, McBride, McCants, ~JeClure, McLucas, Middlebrook, Miller, :Morrow, Palmour, Patterson, Quillian, Rawlins, Reese, Render, Rice, Sellars, Singleton, Stanford, Stapleton, Story, Strother, Summerlin, Tharpe, Thompson, Turnipseed, vValker of Crawford, \Vheeler, \Vilson of Bulloch, \Vinslow, \Vithrow, \Vright, Zachry-65.

'fhose not voting are Messrs.-
Andt>rson of Newton, Arrington, Bates, Brewer, Brinson, Clark, Coffin, Cook, Crawford, Hall, Harp, Heard, Hester, Johnson of Johnson, Jones of Baker, Julian, Kflil, Lamb, Lewis, Mathews, Mays of Butts, .Mays of Richmond, McAllister. Moore of Hancockr Peek, Polhill, Rankin, Scruggs, vVillingham, vVilkinson, \Vilson of Camden, Wingfield, Mr. Speaker-33.

So the requisite constitutional majority not having voted in the affirmative the bill was lost.

.Mr. Gray, chairman pro tem. of the Special Com-

TUESDAY, AUGUST 16, 1881.-

485

mittee on the Judiciary, submitted the following report:

Mr. Speaker:

The Special Committee on the Judiciary has had

under consideration the following bills, which it rec-

<>mmends c'Jo pass, proofs correct, to-wit:

A bill to increase the salary of the County Treasurer

-of the county of Baldwin.



Also, a bill to abolish the County Court of Rich-

mond county, and for other purpose.

Also, the following bill, which it recommend do pass, by substitute, to-wit :
A bill amending the acts creating a Board of Commissioners for Douglas county.

Also, the following bills, which it recommends do not pass, to-wit:
A bill to prevent the destruction of game in Emanuel county.
Also, a bill to prevent seining in certain waters in Emanuel county.
Respectfully submitted, ARlHUR H. GRAY, Chairman.

Mr. Stanford, chairman of' the Committee on Tem-perance, submitted the following report :
Mr. Speaker :
The Committee on Temperance have had under consideration the following bill, which they report back, with the recommendation that it do pass, to-wit:
A bill to change so much of the act. approved February 28, 1876, creating the Board of Commissioners of Lee county, as relates to the granting of retail license, and to confer authority to grant retail license upon the Ordinary of said county.
The proper legal notices of the intention to apply for the above mentioned bill, were examined and found correct.

486

JouRNAL oF THE HousE,

The following bill is returned f.:>r reference to the Committee on Corporations, to-wit:
A bill to incorporate New Hope Methodist Episcopal church in Carroll county, and for other purposes.
Respectfully submitted, L. L. STANFOlm, Chairman.

Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report:
bir. Speaker:
'l'he General Committee on the Judiciary have had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to change the manner of conducting the business of the Superior Courts, by reducing the number of dockets and prescribing the manner of arranging cases, etc.
Also, a bill to amt>nd the law of cheating and swindling in this State-.
Also, a bill to declare the violation of certain contracts fraudulent and misdemeanors, and to provide for the punishment thPreof.
Respectfully submitted, vV. M. HAl\LMOND, Chairman.

By permission of the House, Mr. Williams withdrew House bill No. 490.
Mr. Price offered a 1esolution prohibiting the introduction of new matter after Saturday next, except by a three-fourths vote.
Mr. Price moved to suspend the rules for the purpose of taking action on said resolution at once. The motion did not prevail, and the resolution was referred to the Committee on Rules.
The unfinished business was then taken up, to-wit: A bill to amend section 4164 of the Code of 1873, relating to the dignity and lien of judgments rendered

WEDNESDAY, .AUGUHT 17, 1881.

487

in the Justices' Courts in this State, so as to provide for the record of such judgments in the Clerks' office of the Superior Courts of the county in which they are rendered, and to fix the lien of such judgments.
On motion of Mr. Burch, the time of the morning session was extended until the pending question is disposed of.
Mr. vVheeler called for the previous question ; the call was sustained and the main question ordered.
Mr. Hillyer moved to reconsider the action of the House in ordering the main question, which motion did not prevail.
The report of the committee was not agreed to and the bill was lost.
Leave of absence was granted to Mr. McClellan on account of sickness in his family, and to Mr. James on account of business, and to Mr. Julian on account of sickness.
The House then adjourned till 9 a. m., to-morrow.

.ATLANTA, GEORGIA,
Wednesday, August 17, 18tH.
The House met pursuant to adiournment, was called to order by the Speaker and opened with prayer by the Chaplain.
On motion of Mr. McClure, the call of the roll was dispensed with.
Mr. Heath, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
Mr. N orthen gave notice of a motion to reconsider. Mr. N orthen moved to reconsider so much of the

488

JouR~AL OF THE RousE,

Journal as relates to the action of the House, upon a bill to provide for the levy and collection of one-tenth of one per cent. upon the taxable property of the State for the support of common schools.
Mr. Mitchell called for tbe previous question ; the call was sustained and the main question ordered.
The motion to reconsider prevailed.
The special order was then taken up, and the House went into Committee of the Whole Rouse.
Mr. Milner, chairman of the Committee of the vVhole House, made the ivllowing report:

Mr. Speaker :
The Committee of the vVhole Rouse have had under consideration-
A bill to appropriate the sum of twenty thousand dollars to the University of Georgia for the purpose of rebuilding and refurnishing the North Georgia Agricultural College at Dahlonega.
They have instructed me to report the bill back to the House, with the recommendation that it do pass.
The report of the committee was agreed to, and the bill read the third time.
Mr. Barrow moved to lay the bill on the table. The motion did not prevail.
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 WQS as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Barnes, Barrow, Basinger, Bird, Cameron, Carter, Clark, Davis of Habersham, Davis of Lumpkin, Day, Dial, DuPree of Macon, DuPree of Pike, Estes, Feagin, .B'lynt, Foster, Hammond, Harrell, Heath, Hester, Hill, Hillyer, Janes, Johnson of Lee, Kimsey, Lamar, Lonnon, Little, Martin of Hous-

WEDNESDAY, AUGUST 17, 1881.

489

ton, Mathews, Mays of Richmond, McClure, Middlebrook, Mitchell, Milner, Moore of. Hancock, Moore of Pierce, Moore of Taliaferro, Nichols, N orthen, Palmotu, Park, Patterson, Perkins, Post, Price, Quillian, Rainey, Rice, Ritchie, Sapp, Shockley, Silman, Smith <>f Oglethorpe, Smith of Union, Strother, Summerlin, Sweat, 'furner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Walker of Jasper, Whittle, \Vilson of Greene, Wright, Youngblood, Zellars-70.

Those voting in the negative are Messrs.-
Anderson of Cobb, Awtry, Bennett, Branch, Brinson, Broyles, Bull, Burch, Carithers, Christie,Coffin, Cook, Crumbley, Daniel, Dt>nton, Dyer, Dykes, Edwards, Farnell, Fordham, Fuller, Gaskins, Glover. Goodrich, Hale, Henry, Hightower of Early, Hightower of Stewart, Jackson of Carroll, Jemison, Jones of DPKalb, Kennedy, Lt>ster, Maddox, Martin of Talbot, Mays of
Butts, McBride, McCants, Mcintosh, McKinney, il
ler, Morrow, Orr, Rawlins, Render, Robins, Roney, Sellars, Singleton, Spence, Spearman, Stapleton, Story, Sumner, 'fhompson, Walker of Orawford, \V heeler, Williams, Willingham, Wilkinson, wilson of Bulloch, Wilson of Camden, Withrow, Zachry-64.

Those not voting are Messrs.-
Anderson of Newton, Arrington, Bacon of Chatham, Bates, Beatty, Branson, Brewer, Crawford, Crozier, DuBignon, Garrard, Gray, Hagen, Hall, Harp, Heard, Hunt, Hutchins, Jackson of Richmond, James, Johnson of Johnson, Jones of Baker, Julian, Keil, Lamb, Lewis, McAllister, McClellan, McLeod, McLucas, Peek, Polhill, Rankin, Reese, Scruggs, Stanford, Tharpe, \Valker of Berrien, \Vingfield, Winslow, Mr.
~peaker-41.

So the requisite constitutional majority having voted in the affirmative, the bill was lost.

490

JOURNAL OF THE HOUSE,

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
The Committee on Enrollment report as duly enrolled and ready for signature of the Speaker of the House of Representatives, the following acts, to.wit:
An act to incorporate the Planters' Banking, vVarehouse and Commission Company at Camilla, Mitchell county, Georgia.
Also, an act amending the act of August 23, 1872, creating a Board of Commissioners of Roads and Revenues for the county of vVebster.
Also, an act to prohibit the sale of or furnishing of spirituous liquors within the limits of Lowndes county, and to provide a punishment for the violation of the same.
Also, an act amending section 4109 of the Code of 1873, which relates to post mortem examinations, and to provide for the same in certain cases.
Also, an act exempting from jury duty all regularly licensed. pilots, together with their boat-keepets actually engaged on the pilot boats, in the various ports in this State.
Respectfully submitted, J. L. SwEAT, Chairman.
Mr. Estes, chairman of the Committee on Corporations, submitted the following report.
Mr. Speaker :
The Committee on Corporations have had under consideration the following bill, which they recommend do pass, to-wit:
A. bill tv incorporate the town of Alapaha, in the county of Berrien.
Proper proofs of intention to apply for the passage of this bill were before the committee.
Respectfully submitted, J. B. EsTEs, Chairman.

W.J<.DNESDAY, .AUGUST 17, 1881.

491

Mr. Garrard, chairman of the Committee on Wild Lands, submitted the following report.

Mr. Speaker :
The Committee on Wild Lands have 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 the keeping of a record in each county of this State of the wild lands lying and being therein, and to regulate the manner of giving in wild lands for taxation in this State.
Respectfully submitted, LEWIS F. GARRARD, Chairman.

Mr. Hutchins, chairma11 of the Committee on Finance, submitted the following report :

Mr. Speaker :
Thfl Committee on Finance have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to be entitled an act to alter and amend section 3698 of the Revised Code of 1873, in regard to fees of jailors, and to regulate the same.
Also, a bill to be entitled an act to enable the Trus tees of the University of Georgia to inaugurate a system ot free tuition in that institution.
Also, the following, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to levy and collect a tax from dealers in iron safes, doing business in this State.
Also, the following, which they recommend do pass, by substitute, to-wit:
A bill to be entitled an act to amend an act entitled an act to authorize the issue of interest-bearing bonds by the Mayor and Council of the city of Macon, etc.

492

JouRNAL oF THE HousE,

Also, the following resolution, which they recommend be adopted, to-wit:
A joint resolution in reference to application of proceeds of sale of State property.
Also, the following, which they recommend the introducer be allowed to withdraw, to-wit:
A bill to be entitled an act to change the time of the meeting of the General Assembly.
Proper notice of the intention to introduce the local bill returned has been duly published.
Respectfully submitted, N. L. HUTCHINS, Chairman.

Mr. Hammond, chairman of the Gener:tl Committee on the Judiciary, summitted the following report:
Mr. Speaker :
The General Committee on the Judiciary have had under consideration the following Senate bills, which they recommend dl) not pass, to-wit:
A bill to amend section 2390 of the Code, in relation to appeals to the Superior Courts in cases for the processioning of lands, etc.
Also, a bill to regulate the testimony of physicians and surgeons.
The committee have also had under consideration the following House bills, which they recommend do pass, to-wit:
A bill to alter and amend an act to prescribe fees of Solicitors of County Court,, etc., approved October 15, 1879.
Also, a bill to provide for the preparation of new jury lists, and to authorize the drawing and summoning of persons to serve as grand and traverse jurors in cases where the jury box and jury lists, or either, shall have been lost or destroyed, and for other purposes.

WEDNESDAY, AuGUST 17, 1881.

493

The committee recommend that the following House bill do pass, as amended, to-wit:
A bill to alter and amend section 1 of .an act for the prevention ot cruelty to animals, approved October 20, 1879.
The committee recommend that the following bill dopass, by substitute, to-wit:
A bill to amend paragraph 1~ sPction 12, article 6, of the Constitution of Georgia, by repealing the provisions therein, providing for the election of Judges of the Supreme and Superior Courts and Solicitors-General by the General Assembly, and by enacting that said officers be appointed by the Governor, with the advice and consent of the Senate.

The committee recommend that the following House bills do not pass, to wit:
A bill to change the corporate limits of the town of Cedartown, in the county of Polk, etc.
Also, a bill to fix the salaries of the Judges of the Superior Courts in this State.
The committee return the following bills, with recommendation that the introducers be allowed to withdraw, to-wit:
A bill to amend an act to carry into effect paragraph 2, section 18, article 6, of the Constitution, so as to provide for a revision of the jury box, and for other purposes, approved October 17, 1879.
Also, a bill to amend section 3201 of the Code, in
reference to mandamus quo warranto and prohibition,
etc.
Also, a bill to amend section 3976 of the Code, in reference to filing of affidavits of illegality to' execution issued upon foreclosure of chattel mortgages, etc.
Respectfully submitted, \V. M. HAMMOND, Chairman.

494

JouRNAL OF THE Ht~USE,

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

Mr. Speaker:
'l'he Committee on Enrollment report, as duly enrolled, signed by the Speaker of the House of Representatives and President of the Senate, and delivered to his Excellency, the Governor, the following acts, towit:
An act to authorize the Board of Commissioners of Roads and Revenues of the county of Glynn to issue bonds, not to excfed the sum of forty thousand dollar ($40, 000), bearing interest not exceeding the rate of seven (7) per centum per annum, for the purpose of refunding the present outstanding bonded debt of funding the other debts of said county, and to provide for the levy and collection of a tax for the payment of said bonds and the interest thereon, and for the establishment of a sinking fund, and to prescribe the manner in which said bonds may be issued and paid off, and to authorize the said board to compromise and adjust the debts of said county, and for other purposes.
Also, an act to prohibit the sale of intoxicating liquors at the following named localities in this State, and within certain distances thereof, to-wit: within three miles of the Bethlehem .Baptist church, in the 10i4th district, G. M., in the county of Polk, and within three miles of the Shiloh Baptist church, in the 1079th district, G. M., in the county of Polk.
Also, an act to prevent the sale of intoxicating liquors withm three miles of Pisgah and Mount Pleasant churches in the 855th district, G. M., of Floyd county, and to provide a penalty therefor.
Also, an act to change the time of holding the Superior Courts of the county of Montgomery, in Oconee Judicial Circuit.
Also, an act to provide compensation for jurors in the County Courts in the State of Georgia.

WEDNESDAY, At:GUST 17, 1881.

495

Also, an act to amend an act to fix the amount of license for selling or vending spirituous, intoxicating <>r malt liquors in the counties of Wayne, Liberty, .Coffee and Appling, in this State, and for other purposes.
Also, an act exempting from jury duty all regularly licensed pilots, together with their boat-keepers, actually engaged on the pilot- boats in the various ports in this State.
Also, an act prohibiting the sale or furnishing of spirituous liquors within the limits of Lowndes county, and for other purposes.
Also, an act amending an act approved August 23, 1872, creating a Board of Commissioners of Roads .and Revenues for Webster county.
Also, an act amending section 4109 of the Code of Georgia.
Also, an act incorporating the Planters' Banking, "\Varehouse and Commission Company, of Camilla, Mitch>:'ll county.
Respectfully submitted, J. L. SwEAT'I Chairman.

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 instruct me, as their chairman, to return to the House, with the recommendation that they do pass, by substitutes, towit:
A bill to be entitled an act to provide for the sale of certain public lands, and for the disposition of the proceeds thereof to public schools.
Also, a bill to be entitled an act to amend the gen-eral tax act, approved December 7, 1880, as to Building and Loan Associations.

496

J ouRN.AL OF THE HousE,

Also, a bill to be entitled an act to make permanent the incomes of the University of Georgia.
The committee have also had under consideration a resolution authorizing W. H. Harrison, of the county of Stewart, to publish the Public Acts of the General Assembly, 8tc., which they recommend be adopted.
Respectfully submitted, N. L. HuTCHINS, Chairman.

The following bill was introduced, read the first time and referred to the Committee on Railroads, to-wit: By Mr. Miller-
A bill to further define the powers and duties of the Railroad Commission of Georgia, and for other purposes therdn mentioned.
The following bill was introduced, read the first time and referred to the Committee on Finance, to-wit: By Mr. Patterson-
A bill to amend the 17th paragraph of the 2d section of an act to levy and collect a tax for the support of the State Government, etc., for the years 1881 and 1882, approved December 7, 1880.
By a two-thirds vote-yeas 93, nays none-the following bill was introduced, read the first time by a two-thirds vote-yeas 91, nays none-and referred to the Committee on Corporations, to-wit: By Mr. Hillyer-
A bill to incorporate the Georgia Improvement Company, and for other purposes.
'l'he following bill was introduced, read the first time and referred to the Committee on Agriculture, towit:
By Mr. BirdA bill to prevent the spread of glanders or farcy, or other contagious diseases of animals known to be dangerous to human life, and to punish a violation of the same.

WEDNESDAY; .AUGUST 17, 1881.

497

The following bill was introduced, read the first time and referred to the Committee on Finance, to-wit:
By Mr. SweatA bill to amend an act to levy and collect a tax for
the support of the State government, etc., for the years 1881 and 1882, approved December 7, 1880.
The following resolution was introduced, read the first time and referred to the Committee on Finance, to-wit:
By Mr. QuillianA resolutiOn, appropriating money to defray ex-
penses of John R. Brewer, for arresting and returning prisoner to this State.
Mr. Mays, of Butts, offered the following resolution, which was read and agreed to, to-wit:
A resolution requiring the Principal Keeper of the Penitentiary to report to this Honse the whereabouts of one James Denson, a white man convicted of arson, in the county of Butts, in the year 1878, and sentenced for the term of four years.

The following bill was introduced, read the first time and refew~d to the Committee on Military Affairs, towit:
By Mr Basingr>rA bill to prohibit the organization of any more vol-
unteer companies in this State. ancl to pr0vide for the equipment and maintenance of those heretofore organized, which shall continue to exist.

Honse bill No. 866 was re-committed to the Special Committee on the Judiciary ; House bill No. 979 was re-committed to the Committee on Corporations, and House bill No. 896 was re-committed to the Special Committee on the Judiciary.
Honse bill No. 446 was, by permission, withdrawn.
On motion of Mr. Mathews, the rules were suspended 32

498

JouRNAL oF THE HousE,

and the following Senate resolution was taken up, read the second time and concurred in, to-wit:
A resolution in reference to the articles of agreement between the Commissioners of the States of Georgia .and South Carolina in regard to the boundary line between said States.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed as amended, by the requisite constitutional majority-yeas 91, nays none-to-wit:
A bill to amend an act to incorporate the National Mercantile Assurance Company.
The following bill, for a third reading, was, on motion of Mr. Render, indefinitely postponed, to-wit:
A bill to tax circus companies five thousand dollars for each day they exhibit in this State.
On motion of Mr. Miller, the rulRs were suspended and the following bill read the second time, to-wit:
A hill to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the county of Houston, and for other purposes therein named.
On motion of Mr. Hammond, the rules were suspended and the following bills read the second time, to-wit:
A bill to incorporate the town of Leary, in the county of Calhoun, to grant election powers and privileges to the same, and for other purposes.
Also, a bill to incorporate the town of Arlington, in the counties of Calhoun and Early, and to provide for the election of a Mayor and Aldermen for said town, .and to define the corporate limits of said town, and for other purposes.
Mr. Summerlin offered the following resolution, which was read and agreed to, to-wit:
A resolution ordering House bill No. ol, with refer-

WEDNESDAY, AUGUST 17, 1881.

499

~nee to the establishment of public schools in Sandersville, returned unsigned by the Governor, to be at <>nee transmitted to the Senate.
Mr. Bacon, of Chatham, offered the following resolution, which was read and agreed to, to-wit:
A resolution providing for the afternoon and night sessions on certain days therein specified.
Mr. Crozier offered the following resolution, which was read and referred to the Committee on Rules, towit:
A resolution that, aftPr to-day, no bill or resolution shall be called up out of its ordt>r, except by unanimous consent.
On motion of Mr. Twiggs, the following bill was made the special order for Friday next, the 19th inst., immediately after the reading of the Journal, to-wit:
A bill to appropriate money and provide for the preparation, publication and distribution of a general history of Georgia.
On motion of Mr. Mays, of Richmond, the rules were suspended and the following bills read the second time, to wit :
A bill to provide for the appointment of County Police or Patrol for the territory of Richmond, not included in the incorporated limits of the city of Augusta, or any incorporated town or village in said -county.
Also, a bill to abolish the County Court of Richmond county, and for other purposes.
The Speaker appointed as the committee, on the part of the Honse, under the resolution in regard to the boundary line between Georgia and South Carolina, Messrs. Mathews, Mays of Richmond, and Strother.
The following bill was taken up and read the first time, to-wit: By Mr. Patterson-
A bill to amend an act to establish a new charter for

500

JOURNAL OF THE ROUSE,

the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof.
The above bill having been considered already by the Committee on Local and Special Bills, and the Committee on Corporations, was not referred.
Leave of absence was granted to Mr. Turnipseed, on account of sickness in his family; to Messrs. Beatty, Orr, Rainey, Tharpe, Jackson of Carroll, on business.
The House then adjourned till 9 a. m. to-morrow.

ATLANTA, GEORGIA,
Thursday, .August 18, 1881.
The House met -pursuant to adjounment, was called to order by the Speaker and opened with prayer by the Chaplain.
The roll was called and a quorum found to be present.
Mr. Harrell, from the Committee on Journals, reported the Journal of yt>sterday examined and approved.
The Journal was then read and approved. Mr. Davis, of Lumpkin, gave notice of a mtion to reconsider. Mr. Hammontl moved to reconsider so much of the Journal as relates to the action of the House upon a bill to appropriate the sum of twenty thousand dollars to the trustees of the State University for the purpose of rebuilding and refurnishing the .North Georgia .Agricultural College at Dahlonega. The motion to reconsider prevailed.
The special order for the day was then taken up, towit:
.A bill to establish a branch College of .Agricultural and .Mechanical .Arts and Sciences at Hamilton, Harris county, Georgia.

THURSDAY, AUGU!:lT 18, 1881.

501

The substitute had b~en adopted, and the question recurred upon the report of the committee, as .amended.
Mr. Patterson called for the previous question. The call was sustained and the main question ordered.
The report of the committee was not agreed to, and the bill was read the third time.
On the question of the passage of the bill, by the substitute as amended, Mr. Stanford called for the yeas and nays. The call was sustained.
After the vote was taken, but before it was announced, Mr. Stanford, by the consent of the House, withdrew the bill.
On motion of Mr. Turner, of Monroe, the rules were suspended and Bouse bill No. 690 was re committed to the Committee on Agriculture.
On motion of Mr. Miller, the rules were suspended and the following bill read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the rt>quisite constitutiona! majority-yeas 95, nays none-to-wit:
A bill to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the county of Houston, and for other purposes therein named.

Mr. Stanford, chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker :
The Committee on Temperance have had under consid~ration the following bill, which they recommend do pass, proofs correct, to-wit :
A bill to prohibit the sale of spirituous, vinous or malt liquors at any point within two miles of Mount Carmel church, in the county of Gwinnett, and to attach a penalty for a violation of the provisions thereof.

602

JouRNAL OF THE HousE,

The committee recommend that the following bill do pass, as amen<led, proofs correct, to-wit:
A bill to submit to the voters of Sumter county the question of prohibiting the sale of spirituous or malt liquors in said county_
Respectfully submitted, L. L. STANFORD, 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, to-wit:
A bill to repeal an act entitled an act to fix the place for Sheriffs' sales in the county of Baldwin, approved February 13, 1874, which was passed by a constitutional majority of yeas 32, nays none.
'l'he Senate has retused to concur in the following House resolution :
A resolution to appoint a joint committee to investigate the sale of the Macon and Brunswick Railroad.
The 8enate has refused to pass the following bill of the House:
A bill to change and extend the corporate limits of the town of Cedartown, in the county of Polk.
The Senate has passed the following bill, .in which they ask the concurrence of the House:
A bill to make it a felony for any person, by persuasion or otherwise, to attempt to mislt>ad or influence others into the commission of the crime of poligamy or bigamy, which was passed by a constitutional majority of yeas 34, nays 5.
'fhe Senate has passed the following House resolution with an amendment, in which they ask the concurrence of the House :
A resolution authorizing the Honorable D. N. Speer,

THURSDAY, AUGUST 18, 1881.

503-

State Treasurer, to sell sixteen Bald win county bridge bonds to Daniel B. Sanford, Ordinary of said county,. which was passed by a majority of yeas 27, nays none.
The Senate recedes from its amendment to the fol-
lowing bill of the House : A bill to prPscribe the method of granting license to-
sell spirituous liquors in the county of Effingham.
The following bills of the House have been passed;.
A bill to provide for the compensation of the Ordinary, Sheriff and Clerk of the Superior Court of the county of Lincoln, passed by a constitutional majority -yeas 28, nays none.
Also, a bill to provide for the payment of certain bonds to the estate of Noah B. Knapp, of the county of Chatham, which was passed by a constitutional majority-yeas 28, nays none.
The Senate has passed the following bills, with amendments, in which they ask the concurrence of the House:
A bill to amend section 3648 of the Code of 1873, which was passed by a constitutional majority-yeas 27, nays none.
Also, a bill to prohibit the sale of liquors in the county of Dooly, which was passed by a constitutional majority-yeas 26, nays none.
Also, a bill to incorporate the Savannah Storage Company, which was passed by a constitutional majority-yeas 26, nays none.
Also, a bill to incorporate the Savannah Fire and Marine Insurance Company, which was passed by a. constitutional majority-yeas 29, nays none.

Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report:

Mr. Speaker : The General Committee on the Judiciary have had

!>04

JvUHNAL OF THE HousE,

under consideration the following bills, which they recommend do not pass, to-wit:
A bill to amend section 2967 of the Code, which relates to the abatement of actions for torts.
Also, a bill to provide for the foreclosure of chattel mortgagt>s in certain cases.
Also, a bill to declare certain copy deeds admissible in evidence, without proof of the existence of the original.
Also, a bill to authorize ministerial officers of this State, who are charged with th,.,. execution of final process, to break and enter out-houses of the defendant, in certain cases.
Also, a bill to allow defAndants to plead and prove want of consideration, total or partial failure of consideration, in all suits founded on any note, bond, bill or other evidence of debt given for commercial fertilize! s, in this State.
The committee recommend that the following bill do pass, to-wit:
A bill to compel Clerks of the Superior Court to deliver up ballots in their custody to the person who presides at the taking of testimony in contested election cases, etc.
The committee return the following bill, with the recommendation that it be referred to the Committee on Special Judiciary, to-wit :
A bill to fix the times of holding the courts in the counties composing the Northeastern Circuit of this State.
The committee return the following bill, with the recommendation that the introducer be allowed to withdraw, to-wit:
A bill to provide for the compensation of jurors in the County Courts in this State.
The committee have had under consideration the

THURSDAY, AuGUST 18, 1881.

505

following Senate bill, which they recommend do pass, as amended! to-wit:
A bill to declare that the wife shall be a competent witness against her husband' upon the trial of the husband for any criminal off~nse committed, or attempted to have been committed. upon the person of the wife.
Respectfully submitted, W. M. HAMMoND, 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 bills, which they instruct me, as their chairman, to return to the Honse, with the recommendation that they do pass, by substitutes, towit:
A bill to be entitled an act to relieve the county officers of this State, elected on the first Wednesday in January, 18tn, who failed to make and file their official bonds within.the time prescribed by law.
Also, a bill to repeal so much of the charter of the city of Savannah, and the acts amendatory thereof, as provides for the election of a jailor and the superintendence of the jail by the Mayor and Aldermen of the city of Savannah, and t.) vest the care and management of said jail in the county authorities.
Proper notice of intention to introduce said bill has been duly published.
Respectfully submitted, N. L. HUTCHINS, Chairman.

Mr. Estes, chairman of the Committee on Corporations, submitted the following- report, to-wit:

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

006

JouRNAL oF THE Housx,

sideration the following bills, which they recommend do pass, as amended, to-wit:
A bill to amend an act incorporating the Skidaway Narrows Canal Company.' approved October 14, 1879.
Also, a bill to incorporate the Vernon and Ogeechee Canal Company.
Also, a bill to ineorporate the Red Line Steamboat Company, and for other purposes.
Proper proofs of intention to apply for the passage of said bills were before the committee.
Respectfully ~ubmitted, J. B. EsTES, Chairman.

Mr. Gray, ehairman pro tem. Special Committee on the Judiciary, submitted the following report :

Mr. Speaker:
The Special Committee on the Judiciary have had under consideration the following bill, which they recommend do pass, proofs being correct, to-wit:
A bill to require the Judge of the Superior Court of the county of Jacksrm, in advance of the regular term, to have published the order in which he will take up the docket of said court.
Respectfully submitted, ARTHUR H. GRAY, Chairman, protem.

Mr. Smith, chairman ofthe Committee on Agriculture, submitted the following report, to-wit:

Mr. Spea!ter :
The Committee on Agriculture have had under consideration the following bill, which they instruct me to report back, with the recommendation that it do pass, by substitute, to-wit:
A bill to provide for the propagation and protection of fish in this State, to appropriate money therefor, to fix penalties, and for other purposes therein named.

THURSDAY, AUGUST 18, 1881.

507

Also, the following bill, which they recommend do not pass, to wit :
A bill to make it the duty of the State Inspectors of Guanos and Fertilizers, in this State, to make out and furnish to the Commissioners on Agriculture sworn statements of all classes of guano and fertilizers used in the different counties, and to give other valuable information concerning guano and fertilizers, and to provide for the circulation of the same among the farmers of this State, and for other purposes.
Respectfully submitted, J. M. S:r.nTH, Chairman.

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

Mr. Speaker:
The Governor has approved and signed the following acts:
An act to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Webster, etc., approved August 23, 1872, and an act amendatory thereof, approved February 14, 1873.
An act to prevent the sale of intoxicating liqnors within three mileJ of Pisgah and Mount' Pleasant churches, in the 855th district, G. M., of Floyd county, etc.
An act to change the time of holding the Superior Courts of the county of Montgomery, in the Oconee Judicial Circuit.
.An act to exempt from jury duty all regularly licensed pilots, together with their boat keepers, actually engaged on the pilot boats in the various ports in this State.
.An act to provide compensation for jurors in the County Courts in the State of Georgia.
An act to amend an act to fix the liquor license in.

508

JouRNAL o~ THE HousE,

the counties of Wayne, Libertv, Coffee and Appling,

etc., by extending the provisions thereof for the county

of Coffee, so as to include beers, ciders, bitters and

nostrums, etc.



On motion of Mr. Youngblood, the rules were suspended and the following bill read the secol!d time, to-wit:
A bill fixing the license for retailing spirituous liquors in the county of Washington, and for other purposes.

On motion of Mr. Turner, of Monroe, the rules were suspended and the following House bill, No. 945, to protect the farming interests of Monroe county, etc., was re-committed to the Special Committee on the Judiciary.

The Senate amendment to the following resolution was concurred in, to-wit:
A resolution authorizing the Ron. D. N. Speer, State Treasurer, to sell sixteen Baldwin county bridge bonus to Daniel B. Sanford, Ordinary of said county.

The Senate amendments to the following House bills

were concurred in, to-wit:

A bill to incorporate the Savannah Storage Com-

pany.

,

Abo, a bill to incorporate the Savannah Fire and

Marine Insurance Company.

Also, a bill to amend section 3648 of the Code of

1873.

Also, a bill to prohibit the sale or furnishing of

liquors in the county of Dooly.

On motion of Mr. Barrow, the rules were suspended and the following bill introduced, read the first time and referred to the Committee on Education, to-wit: ByM. Barrow-
A bill to establish and regulate the branch colleges .of the University.

THURSDAY, AUGUST 18, 1881.

509

Mr. Jemison offered the following resolution, which was read and agreed to, to-wit:
A resolution requesting the Governor to inform the House what disposition bas been made of $6,925 of the city of Macon bills, together with $291.80 interest on same, which was held by C. J. Wilson, 'frea~urer of the Macon and Brunswick Railroad, subject to a claim made to such funds by the purchasers of said railroad.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, 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 submit to the voters of Randolph county, the question of granting licenses to retail spirituous and malt liquors in said county.
The following bill was read the third time, thereport of the com:nittee was agreed to, and the bill passed, by substitute, by the requisite constitutional majority-yeas 91-nays none-to-wit:
A bill to prohibit and prevent the sale of lottery tickets, combinations, or numbers, indicating the distribution of prizes, etc.
The House went into the Committee of the 'Vhole House.

Mr. Reese, chairman of the Committee of the vVbole House, made the following report :
.Mr. Speaker:
The Committee of the Whole House have bad under consideration-
A bill to authorize the Governor to draw his warrant on the Treasury in favor of Henry P. Hamml::'tt for the sum of $26.87, excess from sale of his wild land, which they have instructed me to report back to the House, with the recommendation that it do pass.

'510

JOURNAL OF THE HoUSE,

The bill was read the third time, 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, and on calling the roll the vote was as follows, to-wit :

Those voting in the affirmative are Messrs.-
Anderson of Cobb, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Bird, Branch, Brinson, Broyles, Bull, Burch, Carter, Carithers, Clark, Coffin, Cook, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree ot Macon, DuPree of PikP, Dyer, Dykes, Edwards, Estes, Farnell, Feagin, Flynt, Fuller, Garrard, Glover, Goodrich, Hagen, Hale, Hammond, Harrell, Heath, Henry, Hester, Hightower of Early, HightowPr of Stewart, Hillyer, Hunt, Hutchins, Jackson of Richmond, James, Janes, Jemison, Johnson of Lee, Jones of DPKalb, Julian, Kennedy, Kimsey, Lamar, Lannon, Lester, Little, Maddox, Martin of Houston, Martin of Talbot, Mathews, Mays of Butts, McCants, Mcintosh, McKinney, McLucas, Middlebrook, Miller, :Milner, Moore of Hancock, Moore of Pierce, Morrow, Nichols, Northen, Palmour, Patterson, Post. Quillian, Rankin, Rawlins, Reese, Render, Ritchie, Robins, Sapp, Sellarti, Silman, Smith of Oglethorpe, Smith of Union, Spearman, Stanford, Stapleton, Story, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Walker of Crawford, Walker of Jasper, Whittle, Williams, Willingham, Wilkinson, Wilson of Bulloch, Wilson ot Camden, 'Vithrow, Wright, Youngblood, Zachry-119.

Those not voting are Messrs.-
Adderton, Anderson of Newton, Arrington, Beatty, Bennett, Branson, Brewer, Cumeron, Christie, Craw . .ford, Crozier, Fordham, Foster, Gaskins, Gray, Hall, Harp, Heard, Hill, Jackson of Carroll, Johnson of

THURSDAY, AUGUST 18, 1881.

511

.Johnson, Jones of Baker, Keil, Lamb, Lewis, Mays of Richmond, McAllister, McBride, McClure, McClellan, McLeod, Mitchell, Moore of Taliaferro, Orr, Park, Peek, Perkins, Polhill, Price, Rainey, Rice, Roney, Scruggs, Shockley, Singleton, Spence, Strother, Turnipseed, Twiggs, Walker of Berrien, Wheeler, Wilson of Greene, Wingfield, Winslow, Zellars, Mr. Speaker-56.

So the requisite constitutional majority having voted in the affirmative, the bill was passPd.
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 94, nays none-to-wit:
A bill to amend an act to require the payment of moneys arising from fines and forfeitures into the County Treasury, and regulate the disbursement of the same, approved February 27, 1876.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law weru exhibited, and the bill passed as amended by the requisite constitutional majority-yeas 108, nays none--towit:
A bill to incorporate the City Bank ot Augusta, and for other purposes.
Under a suspension of the rules, the following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, by substitute, by the requisite constitutional majority-yeas 103, nays none-to-wit:
A bill to authorize the Board of Commissioners for the county of Mitchell to levy a tax to meet the currt~nt expenses of said county for the years 188l and 1382, not to exceed 50 per cent. on the State tax.

512

JouRNAL oF THE HousE,

Leave of absence was granted to Messrs. Branch, Rawlins and Cameron on account of sickness in their families; to Messrs. Fuller, Glover, Anderson of Cobb, Spence, Wilson of Greene, Render and Youngblood on business, and to Mr. A.dderton.
The House then adjourned till9 o'clock to-morrow morning.

ATLANTA, GEORGIA,
Friday, August 19, 18~1. The House met pursuant to adiournment, was called to order by the Speaker and opened with prayer by the Chaplain. The roll was called and a quorum found to be present. Mr. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and approved. The Journal was then read and approved.
The special order was then taken up. The House went into Committee of the Whole Rouse.
Mr. Render, chairman of the Committee of the vVhole Honse, made the following report :
Mr. Speaker: The Com'mittee of the Whole House have had under
considerationA. bill to appropriate money and to provide for the
preparation, publication and distribution of a general history of Georgia, which they have instructed me to report back with the recommendation that it do not pass.
On the question ofagreeing to the report of the committee, of the Whole House, adverse to the passage of

FRIDAY, AUGUST 19, 1881.

513

the bill, Mr. Twiggs called for the yeas and nays ; the call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Awtry, Bacon of Chatham, Barnes, Bates, Bennett, Bird, Branson, Brinson, Burch, Carter, Carithers, Christie, rco:ffin, Cook, Crawford, Crumbley, Daniel, Day, Denton, Dial, Dyer, Dykes, Edwards, Farnell, Feagin, Flynt, Fordham, Foster, Garrard, Gaskins, Goodrich, Gray, Hagen, Hale, Harrell, Henry, l:lightower of Early, Hightower of Stewart, Hutchins, Jackson of Carroll, James, Jemison, Johnson of Lee, Jones of DeKalb, J nlian, Kennedy, Kimsey, Lonnon, Mathews, .Mays of Butts, McBride, McCants, .McClure, Mcintosh, .McKinney, McLeod, McLucas, Miller, Mitchell, Moore of Hancock, Moore of Taliaferro, Morrow, Palmour, Park, Patterson, Post, Quillian, Rankin, Render, Robins, Sapp, Sellars, Silman, Smith of Oglethorpe, -Smith of Union, Spearman, Stanford, Stapleton, Story, Strother, Sumner, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, "\Valker of Crawford, Walker of Jasper, Whet>ler, Whittle, Williams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Camden, Withrow-95.

'fhose voting in the negative are Messrs.-
Basinger, Bull, Clark, Davis of Lumpkin, DuBignon, DuPree of Pike, Estes, Hammond, Hester, Hill, Hillyer, Hunt, Jackson of Richmond, Janes, Lamar, Lester, Little, Maddox, Martin of Talbot, Mays of Richmond, .Milner, Moore of Pierce, Nichols, Northen, Perkins, Price, Reese, Ritchie, Roney, Summerlin, Sweat, Twiggs, "\Vright, Youngblood, Zachry, Zellars-36.

Those not voting are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, 33

516

JOURNAL OF THE HOUSE,

cuit, so as to provide that all moneys hereafter recommended by any grand jury of the county of Hancock shall be paid from the county treasury for insolvent criminal costs, and pro-rata upon the accounts of all the officers of the Superior Court in the manner that fines and forfieitures are now distributed in that Court.
The following bill was introduced, read the first time and referred to the Committee on Finance, towit: By Mr. Rice-
A bill to provide compensation for the Sheriff of the Supreme Court of this State in pauper cases.
The following bill was introduced, read the first time and referred to the Committee on Education, towit: By Mr. Stanford-
A bill to establish a branch College of Agriculture, at Hamil ton, in this State.
The following bills were introduced, read the first time and referred to the General Committee on the Judiciary, to-wit: By Mr. Winslow-
A bill to amend paragragh 1, sPction 1, of an act approved Octoher 13, 1879, known 'as the general County Court act. By Mr. Jackson, of Richmond-
A bill to amend section 4368 of the Code.
The following bill was introduced, read the first time and referred to the Committee on Agriculture, towit: By Mr. Carter-
A bill to amend section 1427 of the Code, wllich provides who may take up estrays, so a::; to fix the timewithin which estrays may be taken up.
The following bill was introduced, read the first time and referred to the Special Committee on the Judiciary, to-wit :

FRIDAY, AUGUST 19, 1881.

017

By Mr. FeaginA bill to require commissioners, or persons who exe
cute interrogatories and take depositions of witnesses in cases pending in any court in this State, to take an affidavit, and to prescribe the form of said affidavit.
The following bill was introduced, read the first time and referred to the Committee on Finance, to-wit: By Mr. Bull-
A bill to appropriate $60.00 for the relief of 0. H. Roberts, a citizen of this State, who lost an arm in the service of the Confederate States.
Mr. Daniel offered the following resolution, which was read and referred to the Committee on Finance, to-wit:
A resolution requesting the Comptroller-General to report the numbers, district and section and county, of aU wild lands sold for taxes, and amounts realized, etc., to this House.
Mr. Cook offered the following resolution, which was read and laid over, to-wit :
A resolution to authorize the Commissioner of Agriculture to loan specimens of minerals and woods to colleges.
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 105, nays none-to-wit:
A bill to amend section 4566 of the Code, so as to include those counties where the authority to grant licenses to sell liquor is vested by law in County Commissioners.
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 '98, nays none, to-wit:
A bill to change the time for revising the jury boxes in this State.

520

JouRSAL OF THE HousE,

county bridge bonds to Daniel B. Sanford, Ordinary of Baldwin county.
Respectfully submitted, J. L. SWEAT, Chairman.
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 payment of all managers of election and their clerks, in this State, and for other purposes.
On the question of the pas5age of the bill, Mr. Miller called for the yeas and nays. The call was sustained .
.After the roll call was begun, Mr. Estes moved to re-commit the bill.
Mr. Miller made the point of order that the motion came too late.
'fhe SpAaker ruled the point of order well taken. Mr. Hunt appealed from the decision of tht> Speaker, and the House sustained the decision of the Speaker.

Upon calling the roll, the vote was as follows, towit:
Those voting in the affirmative are Messrs.-
.Anderson of N ~-Jwton, .Awtry, Barnes, Barrow, Basinger, Bates, Bird, Christie, Crawford, Crumbley, Davis of Lumpkin, DnBignon, Dyer, Dykes, Farnell, Feagin, Flynt, Garrard, Harrell, Heath, Hester, Hightower of Early, Hill, Hunt, Hutchins, Jackson of Richmond, James, Jones of DeKalb, Lamar, Martin of Talbot, Mathews, Mcintosh, McKinney, McLucas, Middlebrook, Moore of Hancock, Northen,Park, Patterson, Perkins, Polhill, Price, Robins, Roney, Silman, Summerlin, Sweat, Turner of Floyd, Turner of Monroe, Whittle, vVilson of Camden, Wright-52.
Those voting in the negative are Messrs.-
Bacon of Chatham, Bennett, Brinson, Bull, Burch, Carithers, Clark, Coffin, Cook, Daniel, Davis of Hab-

FRIDAY, AUGUST 19, 1881.

521

ersham, Day, Denton, Dial, DuPree of Macon, DuPree Qf Pike, Edwards, Estes, Fordham, Foster, Gaskins, Goodrich, Gray, Hale, Hammond, Henry, Hightower of Stewart, Hillyer, Jackson of Carroll, Jemison, Johnson of Lee, Julian, Kimsey, Lester, Little, Maddox, Mays of Butts, McCants, McClure, Miller,Mitchell, Milner, Morrow, Nichols, Palmour, Post, Quillian, Reese, Rice, Ritchie, Sellars, Smith of Union, Spearman, Stanford, Story, Strother, Sumner, 'l'homp:Son, Twiggs, vValker of Crawford, Walker of .Jasper, Wheeler, Williams, "\Vilkinson, Wilson of Bulloch, Withrow, Youngblood, Zachry, Zellars-69.

Those not voting are Messrs.-
Adderton, Anderson of Cobb, Arrington, Beatty, Branch, Branson, Brewer, Broyles, Cameron, Carter, Crozier, Fuller, Glover, Hagen, Hall, Harp, Heard, Janes, Johnson of Johnson, Jones of Baker, Keil, Kennedy, Lamb, Lannon, Lewis, Martin of Houston,Mays of Richmond, McAllister, McBride, McClellan, McLeod, Moore of Pierce, Moore of Taliaferro, Orr, Peek, Rainey Rankin, Rawlins, Render, Sapp, Scruggs, Shockley, Singleton, Smith of Ogle thorpe, Spence, Stapleton, Tharpe, Turnipseed, Walker Of Berrien, Willingham, Wilson of Greene, Wing. field, Winslow, Mr. Speaker-54.
So the bill was lost.
'fhe 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 105, nays none-to-wit:
A bill to amend section 1950 of the Code of 1873, which enumerates the obligations required to be in writing to bind the promiser, by adding thereto ac-ceptances of bills of exchange.
On motion of Mr. Patterson, House bill No. 413 was laid on the table.

.024

J ouRN.AL O]' THE HousE,

by the General Assembly, and by enacting that said officers be appointed by the Governor, with the advice and consent of the Senate.
Also, a bill to amend the act incorporating the town of Quitman, and the several acts amendatory thereof, by reducing the corporate limits of said town, and conferring additional powers upon the Mayor and Aldermen of said town.
Also, a bill to prohibit camp hunting in the county of Clinch by non-residents, to prescribe a punishment therefor, and for other purposes.
Also, a bill to amend an act to establish a new r-harter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof.
Also, a bill to hgalize the action of the Board of Commissioners of Roads and Rt>venue of the county of Douglas in changing the size and shape of the court-house square in the town of Douglasville.
Also, a bill to incorporate the Union Railroad Company, define its rights, puwers and privileges.
.Also, a bill to revise the jury box in the county of Stewart, and for other purposes.
Also, a bill to fix the fet>s of J nstices of the Peace and Constable in cast>s of foreclosure of chattel mortgages, and for other purposes
Also, a bill to repeal the 6th section of the general tax act, approved December 7, 1880.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors, in any quantity whatever, in 427th district, G. M., in the county of White.
Also, a bill to provide for tbe signin~ and certifying of bills of excAptions, now required by law to be signed in twenty days, after said twenty days in certain cases.
Also, a bill to correct cerfain mistakes of reference in the lien laws of this State, as contained in sections
1922, et al., of the Code of Georgia.
Also, a bill to create a Board of Commissioners of

SATURDAY, AUGUST 20, 1881.

525-

Roads and Revenues for the county of Worth, and define their powers and duties.
Also, a bill to regulate the sale of spirituous, vinous and malt liquors in the county of Gwinnett.
Leave of absence was granted to Mr. Wilson, of Camden, on account of a death in his family, and to Mr. McCants for a few days.

The hour of adjournment having arrived, the House adjourned till 9 a. m. to-morrow.

ATLANTA, GEORGIA,
Saturday, August 20, 1881.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found to be present.
Mr. James, from the Committee on Journals, re ported the Journal of yesterday examined and ap proved. '
The Journal was then read and approved. Mr. Sweat gave notice of a motion to reconsider. Mr. Sweat moved to re-consider so much of the Journal as relates to the action of the House upon a bill to provide for the payment of managers of election and their Clerks in this State. The motion did not prevail.
The unfinished business was taken up, and the following bill read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majorityyeas 94, nays none, tv-wit:
A bill to prohibit the sale of spirituous liquor in. the county of J e.fferson.

528

JouRNAL OF THE HousE,

under consideration the following bill, which they recommend do pass, to-wit :
A bill to fix the times of holding the courts in the various counties composing the Northeastern Judicial Circuit.
Respectfully submitted, J . .H. PoLHILL, Chairman.

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

MT. Speaker :
The Senate has adopted the following report, towit:
A report of the committee to investigate the offer of bonds by Macon and Brunswick Railroad in payment of indebtedness to the State.
The following committee have been appointed on the part of the Senate in relation to the articles of agreement between the Commissioners of Georgia and South Carolina, to wit: .Messrs. Mosely and Mattox.
The Senate has passed the following bill, with an amendment, in whicll they ask the concurrenoo of the House, to-wit:
A bill to alter and amend paragraph 5 of section 2484 of the Code of 1873, which was passeu by a constitutional majority of yeas 30, nays none.
The following bills of the House have been passed, to-wit:
A bill to repeal the 2d section of an act to repeal an act approved February 27, 1877, and for other purposes, which was passed by a constitutional majority of yea8 37, nays none.
Also, a bill to change the several acts incorporating the town of Conyers, which was passed by a constitutional majority of yeas 33, nays none.
The Senate has passed the following bills, with

SATURDAY, .AUGU~T 20, 1881.

529

amendments, in which they ask the concurrence of the Honse, to-wit:
.A bill to- incorporate the Merchants' and Planters' Steamboat Company, which was passed by a constitutional majority of yeas 32, nays none.
.Also, a bill to incorporate the Cleveland and Lnla Railroad Company, which was passed by a constitutional majority of yeas 32, nays none.
..Also, the following Senate bill, in which they ask the concurrence of the Honse, to-wit:
.A bill to provide for the trial of causes in J nsticeConrts when the Justice of the Peace is disqualified, which was passed by a constitutional majority of yeas 27, nays none.
.Also, a bill of the Honse, with an amendment, in which they ask the concurrence of the Honse, to-wit:
.A bill to amend an act incorporating the town of West End, which was passed by a constitutional majority of yeas 35, nays none.

Mr. Northen, chairman of thE' Committee on Education, submitted the following report :

Mr. Speaker:

The C01pmittee on Education haw~ havP bad under-

consideration the following uill, wuich they recom-

mend do pass, to-wit :

/

.A bill to be entitled an act to establish a pe1manent

Board of Education for the town of Lumpkin, in the-

county of Stewart, and for other purposes.

Respectfully submitted,

W. J. NOR]'HEN, Chairman.

On motion of Mr. Polhill, the rules were suspended and the following bill read the second time, to-wit :
.A bill to fix the times of holding the Snperi<;>r Courts in the various counties composing the N ortbeastern Judicial Circuit, and for other purposes.
34

JouRNAL oF THE HousE,
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 99, nays none-to-wit :
A bill to provide for the sale of certain public lands and for the disposition of the proceeds thereof to public schools.
On motion of Mr. Estes, House bill No. 25, in relation to the election of jurors, was made the special or.der for Tuesday next, immediately after the reading of the Journal.
The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary:
Mr. Speaker:
The Governor has approved and signed the following act:
An act to incorporate the Planters' Banking, Warehouse and Commission Company, at Camilla, Mitchell county, Ga.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were 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 authorize the issue of interest-bearing bonds by the Mayor and Council of the city of .MacLn, for refunding the present bonded debt, for funding ~hat part of the floating debt of the city, and for other purposes.
The following bill was taken up, under a suspension of the rules, read the third time, the report of the committee was _agreed to, the proofs of the publication of the notices required by law were exhibited

SATURDAY, .AUGUST 20, 1881.

631

and the bill passed,as amended, by the requisite constitutional majority-yeas 96, nays none-to-wit:
.A bill to authorize the Board of Commissioners of Newton county to levy a tax of two hundred per cent. on the State tax of Newton county for the purpose of paying the present indebtedness of said county, and for other purposes.
On motion of Mr. Day, the rules were suspended and the following bill read the second time, to-wit:
A bill to change the time of holding the Superior Courts in the counties of Pickens, Gilmer and Fannin, in the Blue Ridge Circuit, and for other purposes.
On motion of Mr. Singleton, the rules were suspended, and the following bill read the third time, the report of the committee was agreed to, and the bill passed by the requisite constitutional majorityyeas 94, nays none-to-wit :
A bill to transfer the county of Bulloch from the Eastern to the Middle Judicial Circuit.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was 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 to incorporate the Skidaway Narrows Canal Company, approved October 14, 1879.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed as amended by the requisite constitutioJ!al majority-yeas 100, nays none--towit:
A bill to incorporate the Vernon and Ogeechee Canal Company.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was

532

JouRNAL OF THE HousE,

agreed to, and the bill passed, by substitute, by therequisite constitutional majority-yeas 94, nays none
-to-wit: A bill to amend the several laws incorporating the
city of Milledgeville, in reference to the election of Marshal and Deputy Marshal therein.

The following bill was read the third time, the re-

port of the committee was agreed to, the proofs of the

publication of the notices required by law were exhib-

ited, and the bill passed, as amended, by the requi-

site constitutional majority-yeas 94, nays none, to-

wit:



A bill to incorporate the Red Line Steamboat

Company.

The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 89, nays none-to-wit:

A bill to provide for but one grand jury to serve for each term of Hall Snperior Court, without reference to the number of weeks such terms may continue.

On motion of Mr N orthen, the rules w.-re suspended and the following bill taken up and wade the special order for Wednesday next, immediately after the reading of the Journal, to-wit:
A bill to levy a tax of one-tenth of one per cent. on the taxable property of the State for educational purposes.

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 9X, nays none-to-wit:
A bill to impose a tax on deal~rs in spirituous and malt liquors and intoxicating bitters, to provide for enforcing the collection of the same by suitable pen-

SATURDAY, AUGUST 20, 1881.

533

-alties, and to appropriate the net proceeds thereof to the support of public schools.
The House went into Committee of the vVhole Rouse.

Mr. Lester, chairman of the Committee of the Whole House, made the following report :

.ZIJ.r. Speaker :
The Committee of the Whole House have had under consideration-
A hill to pay the claim of Thomas L. Snead against the State of Georgia.
Which they have instructed me to report back to the House, with the recommendation that it be m~de the special order for Monday night next, at 8 o'clock.
The report of th(> committee was adopted.
The following bill was read the third time, the report .of the committee was agreed to, the -proofs of the publication of the notices required bY. law were exhibited, and the bill passed by tbe requisite constitutional majority-yeas 94, nays none-to-wit:
A bill to increase the salary of the County Treasurer of the county of B.tldwin to five hundred dollars per annum.
House bill No. 302 was withdrawn by Mr. DuBignon.
House bills Nos. 332 and 353 were laid on the table.
The House went into Committee ofthe Whole House.

Mr. Hamriwnd, chairman of the Committee of the Whole House, made the following report :

Mr. Speaker :
The Committee of the \Vhole House have had under . consideration-
A bill for the establishing an academy .for the col-

634

JouRNAL oF THE HousE,

ored blind children of Georgia, which they have in structed me to report back to the House with the recommendation that it do pass.
The report of the committee was agreed to, the bill read the third time, and 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, to-wit :

Those voting in the affirmative are Messrs.-
Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bird, Brinson, Bull, Burch, Carter, Cook, Crawford, Crozier, Crumbley, Davis of Habersham, Day, Denton, Dial, DuBignon, DuPrPe of Pike, Dyer, Estes, Feagin, Flynt, Fordham,Foster, Gaskins, Goodrich, Gray, Hale, Hammond, Harrell, Heath, Henry, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Jones of DeKalb, Julian, Kimsey, Lamar, Lamb, Lester, Little, Martin of Talbot, Matlwws,McClure, Mcintosh, McKinney, McLucas,)filler,Milner,Moore of Hancoek,. Moore of Taliaferro, Morrow,Nichols, Northen, Pal mour, Park, Patterson, Perkins,:Polhill,Post, Rankin, Reese, Rice, Robins, Roney, Sellar:s, Singleton, Silman, Smith of Union, Spearman, Stanford, Stapleton, Story, Strother, Summerlin, Sumner, Sweat, Tharpe, Thompson, Twiggs, Walker of Crawford, 'Valker of Jasper, Wheeler, Whittle, \Villiams, Willingham, Wilson of Bulloch, Wingfield, Withrow, Wright, Zachry, Zellars-104.

Those not voting are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Bennett, Branch, Branson, Brewer,. Broyles, C<~.meron, Carithers, Christie, Clark, Coffin, Daniel, Davis of Lumpkin, DuPree of Macon, Dykes, Edwards, Farnell, Fuller, Garrard, Glover, Hagen,

SATURDAY, AUGUST 20, 1881.

!'135

Hall, Harp, Heard, Hester, Hunt, Johnson of Johnson, Johnson of Lee, Jones of Baker, Keil, Kennedy, Lonnon,Lewis, Maddox, Martin of Houston, Mays of Butts, Mays of Richmond, McAllister, McBride, Mc-Cants, McClellan, McLeod, Middlebrook, Mitchell,. Moore of Pierce, Orr, Peek, Prim, Quillian, Rainey, Rawlins, Render, Ritchie, Sapp, Scruggs, Shockley,_ Smith of Og1t>thorpe, Sp...,nce. TnrnPr of Floyd, Tu' ner of Monroe, Turnipseed, Wa1kPr of Berrien, Wilkinson, Wilson of Camden, \Vilson of Greene, 'Winslow, Youngblood, Mr. Speaker-71.
So the requisit~ constitutional majority having voted in the affirmative, the bill was passPd.
On motion of Mr. 'Vheeler, the following bill was made the special order for Monday night, immediately after the bill, previously made the special order for that session, is disposed ot, to-wit:
A bill to amend the Constitution of this 8tate, so as to require Judges of the Supreme and Superior Courts and Solicitors-General to be appointed. by the Governor, by and with the advice and consent of the Senate.
On motion of Mr. Willingham, the rules were suspended and the following bill read the third time, thereport of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority~yeas 93, nays none-to-wit:
A bill to alter and amend an act approved February 19, 1866, to re-incorporate the town of Elberton, and to give the Town Council of said town certain powers therein specified, and to provide for a Mayor of said town.
Leave of absence was granted to Messrs. Broyles, Carithers, Reese, Martin of Talbot, and Hightower of Early, on business.
The House then adjourned till 10 o'clock Monday morning.

536

JouRNAL OF THE HousE,

ATLANTA, GEORGIA,
Monday, August 22, t&n.
The House met pursuant to adiournment, was called to ordf>r by the Speaker and opened with prayer by the Chaplain.
The roll was called and a quorum found to be present.
Mr. Harrell, from the Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal was then read and approved.
Mr. Twiggs offered the following resolution, which was read and laid over under the rules, to- wit :
A resolution to grant free access to all records, documents, reports, correspondt>nce, etc., in any department of this State, to Chas. C. Jones, for the purpose of preparing a History ot Georgia.
The following resolution was introduced, read the first time and referred to the General Committee on the Judiciary, to-wit: By Mr. Hutchins-
A bill to fix the time of holJing the Superior Courts of the Western J ndicial Circuit of Georgia.
By a two-thirds vote-yeas 99, nays none-the following bill was introduced, read the first time by a two-thirds vote-yeas 98, nays none-and referred to the Spf>cial Committee on the Judiciary, to-wit:
A bill to repeal an act to incorporate the Baptist Con\'ention of Georgia, and to authorize certain 'frustees of Mercer University to make by-laws for the government of Penfield, approved December 23, 1838,_ so far as said act relates to the government and rPgulation of said town by such trustees, and to provide for the selection of five commissioners to be, when elected, a body corporate and politic, and to authorize said commissioners to make ordinances for the government of Penfield, to assess and collect

MoNDAY, AcGus-r 22, 1881.

537

iaxes, to appoint a Marshal and Deputy Marshal, if

necessary, and to define the corporate limits of the

same, and for other purpos~s.

Mr. Dykes offered the following resolution, to-wit:

A resolution to require the Committee on Lunatic

Asylum to visit the sPveral place~ suggested for the

location of a branch lunatic asylum.

Mr. Hunt proposPd to amend by adding ''or that

tmay be suggl:'sted. ''

On motion of Mr. Barnes, the resolution was laid on

the 'table.

.

The following bill was introduced, read the first "time and referred to the Committee on Finance, to-wit: By Mr. Barrow-
A bill to preseribe the mode and manner of making :returns by insurance companies to the ComptrollerGeneral, and for other purposes.

The following Senate bills were read the first time and referred to the General Committw on the Judidary, to wit :
A bill to provide for the trial of causes in Justice Courts when the Justices of the Peace or Notary Public, who is ex-officio a trial Justice, shall be disqualified, sick, or from other cause absent from the court.
Also, a bill to make it a felony for any person, by persuasion or otherwise, to attempt to mislead or influence others into the commission of tbe crime of polygamy or bigamy.
The following Senate bill was read the second time, to-wit:
A bill to declare that the wife shall be a competent witness against her husband upon the trial of the husband for any criminal offense committed, or attempted to have been committed, upon the person of the wife.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhib-

538

JOURNAL OF THE HoUSE,

ited, and the bill passed, by substitute, by the requisite constitutional majority-yeas 89, nays noneto-wit:
A bill to be entitled an act to amend an act incorporating the town of Quitman, Brooks county, and theseveral acts amendatory thereof, by reducing the corporate limits of said town and con!erring additional powers upon the Mayor and Aldermen of said town.
Tb.e rules were suspended, on motion of Mr. Keel, and the f?llowing bills taken up, to-wit:
A bill to incorporate the town of Arlington, in the counties of Calhoun and Early, and to provide for the election of a :Mayor and Aldermen for said town, and to define the corporate limits of said town, and tor other purposes.
The bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, by the requisite constitutional majority-yeas 96, nays none.
Also, a bill to incorporate the town of Leary, in the county of Calhoun, to grant election powers and privileges to the same, and for other purposes.
The bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 90, nays none.
Mr. Smith. of Oglethorpe, offered the following resolution, which was read and agreed to, to-wit:
A resolution providing for the appointment of a committee of three from the Senate and five from the House, for the purpose of examining the condition of the business bPfore the General Assemby, with a view to an early adjournment.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the

MONDAY, .AUGUST 22, 1881.

539-

publication of the notices required by law were exhibited, and the bill passed, by substitute, by the requisite constitutional majority-yeas 88, nays 6-to-wit :
.A. bill to prohibit camp-hunting in the county of Clinch by non-residents, to prescribe a punishment therefor, and for other purposes.
The following bill was read the third time, the report of the committee was amended and agreed to, the proofs ofthe publication of the notices required by law were exhibited and the bill passed by substitute by the requisite constitutional majority-yeas 98, nays none-to-wit:
A bill to amend an act to establish a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof.
The following bill was read the third time, t)le report of the com::nittee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed by substitute by the requisite constitutional majority-yeas 93, nays none -to-wit:
A bill to legalize the action of the Board of Commissioners of Roads and Revenue of the county of Douglas, changing the size and shape of the Court house square in the town of Douglasville.
Mr. Garrard offered the following resolution, which was read and referred to the Committee on Rules, towit:
A resolution restricting speeches to ten minutes each, from and after Tuesday, the 23d inst.
The followmg bill was read the third time, the proofs of the publication of the notices required by law were exhibited and the report of the committee agreed to, and the bill passed by the requisite constitutional majority-yeas 93, nays none-to-wit :
A bill to amend the charter of the town of Greenville, Meriwether county.

540

JouRNAL OF THE HousE,

The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, as amended, by the requisite constitutional majority-yeas 96, nays none-to-wit:
A bill to authorize and empower the Intendant and Commissioners of the town of Greenville to regulate the sale of spirituous, malt and vinious liquors within the corporate limits of said town.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, by substitute, by the requisite constitutional majority-yeas 95, nays none-to-wit:
A bill to incorporate the Union Railroad Company, and to define its rights, powers and privileges, and for other purposes.

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

Mr. Speaker:
'l'he Committee on Enrollment report, as duly enrolled, signed by the Speaker of the House of Repres('ntatives and President of the Senate, and delivered to hi::; Excellency the Governor, the following acts, towit:
An act to incorporate the Savannah Storage Company, and for other purposes.
Also, an act to amend section 3648 of the Revised Code of 1813.
Also. an act to provide for the compensation of the Ordinary, Sheriff and Clerk of the Superior Court of Lincoln county.
Also, an act to provide for the payment of a bond of the State of Georgia for $1,000, dated January 1, 1843, and for other purposes.
Also, an act to prohibit the sale or furnishing of

MoNDAY, ,AUGUST 22, 1881.

541

spirituous or intoxicating liquors in the county of Dooly.
.Also, an act to prescribe the method of granting license to sell spirituous liquors in the county of Effingham, and for other purposes.
.Also, an act to repeal an act entitled an act to fix the place for Sheriffs' sales in the county of Haldwin, approved February 13, 1874.
.Also, an act to incorporate the Savannah Fire and Marine Insurance Company.
.Also, a resolution authorizing the Ron. D. N. Speer, State Treasurer, to sell sixteen Baldwin county bridge bonds to Daniel B. Sanford, Ordinary of said county.
Respectfully submitted, J. L. SWEAT, Chairman.

Mr. Estes, chairman of the Committee on Corporations, submitted the following report.

Mr. Speaker :
The Committee on Corporations have had under consideration the following bill, which they recommend do pass, to-wit :
.A bill to amend an act incorporating the Talbotton Branch Railroad Company.
Proper legal notices required by law, as to the introduction of this bill, were before the committee.
The committee have also had before them the following bills, which they recommend do not pass, towit:
.A bill to incorporate New Hope Methodist Episcopal church in Carroll county.
.Also, a bill to incorporate the Grand Lodge of the Independent Order of Obedients.
.Also, a bill to incorporate the Georgia Improvement Company.
Respectfully submitted, J. B. EsTEs, Chairman.

.542

JouRNAL oF THE HousE,

Leave of absence was granted to Mr. Hagen, on account of sickness.
The House then adjourned tillS o'clock p. m.

8 O'CLOCK, P. M. The House re-assembled, the Speaker in the chair. On motion of Mr. Stanford, the roll call was dispensed with. The House went into the Committee of the Whole House.
Mr. Post, chairman of the Committee of the "\Vhole House, made the following report :
Mr. Speaker: The Committee of the Whole House have had under
considerationA bill to pay Thomas L. Snead for services rendered
State of Georgia in settlement of claim of said State against Henry Clews & Co., of the State of New York, which they have instructed me to report b,ack, with the recommendation that it do not pass.
The report of the committee, adverse to the passage of the bill, was ageed to, and the bill lost.
The special order was taken up, to-wit: A bill to amend paragraph 1, section 12, article i, of the Constitution of Georgia, by repealing the pro- visions therein providing for the election of Judges of the Supreme and Superior Courts and SolicitorsGeneral by the General Assembly, and enacting that said officers be appointed by the Governor, with the ad vice and consent of the Senate. The bill was read, and Mr. Barrow moved that the further consideration of the bill be postponed and made the special order for to-morrow morning, immediately after the special order already assigned for to-morrow morning is disposed of. The motion prevailed. On motion of Mr. Burch, the House then adjourned till to-morrow morning at 9 u' clock.

TUESDAY, .AUGUST 23, 1881.

543

ATLANTA, GEORGIA,
Tuesday, August 23, 1881.
The House met 'Pursuant to adjounment, was called to order by the Speaker and opened with prayer by Mr. Wilson, of Bulloch, of the House.
The roll was called and a quorum found to be pres.ent.
Mr. Heath, from the Committee on Journals, reported the Journal of yesterday examined and apJ)roved.
The Journal was then read and approved.

:Mr. Rankin, chairman of the Committee on Railroads, submitted the following report :
..Mr. Speaker :
The Committee on Railroads have had under con:sideration the following bills, which I am instructed to report back to the House, with the recommendation that they do pass, by substitutes, to-wit:
.A. bill to be entitled au act to confer police powers upoh conductors of railway tr-ains in this State, carrying passengets, whether the same are regular passenger trains or not, and for the protection of passengers on all railway trains in this State, and for other purposes.
Also, a bill to be entitled an act to incorporate the .South-side Street Railway Company, and for other purposes.
Respectfully submitted, W. R. RANKIN, Chairman.

Mr. Sweat, 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

54.4

JouRNAL oF THE Hou~E,

the House of Representatives the following act, to-wit: .An act repealing the second section of an act to re-
peal an act, approved February 27, 1877, entitled an. act to repeal an act entitled an act to create a County Court in each county of this State, except certain counties thenin named, approved January 19, 1872, so far as the same relates to the county of Dodge.
.Also, an act changing the several acts incorporating the town of Conyers, Georgia, and for other purposes.
Respectfully submitted, J. L. SWEAT, Chairman.
The following mes~age 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 refund to purchases of a certain lot of land, in the county of Bartow, money received by the State of Georgia, which was passed by a constitutional majority-yeas 29, nays none.
.Also, a bill to amend section 1455 of the Code of 1873, which was passed bv a constitutional majorityyeas 24, nays none.
.Also, a hill to amend section 4549 of the Code of 187o, which was pa:-,;ed by a constitutional majority -yeas 2B. nays nonP.
.Also,a bill to prohibit the sale of intoxicating liquors in the county of Houston, which was passed by a constitutional majority-yeas 25, nays none.
.Also, the following bill, with an amendment, in which they ask the concurrence of the House:
.A bill to provide for the compensation of certain Tax Collectors and Receivers for services during the year 1880, which was passed by a constitutional majority -yeas 31, nays none.
.Also, the following Senate bill, in which they ask the concurrence of the House :

TUESDAY, AUGUST 23, 1881.

545

A bill to punish the stealing of one or more bales of cotton, and for other purposes, which was passed by a constitutional majority-yeas 24, nays none.

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

Mr. Speaker:
The Senate has concurred in the following resolution of the House, to-wit:
A resolution appointing a committee to ascertain and report the amount of business before the houses, and at what time the General Assembly will be able to adjvurn, and have appointed on the part of the Senate-Messrs. Maddox, MeWhorter and King. .And I am directed to transmit the same fortQ.with to House.
On motion of Mr. Kimsey, the rules were suspended and 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 109, nays none-to-wit:
A bill to fix the time of holding the courts in the various counties composing the Northeastern Judicial Circuit of this State, and for other purposes.
The special order wat> then taken up, to-\vit:
A bill to carry into efl"ect article 6, section 18, paragraph 2, of the Constitution of 1877, iu rdation to the selection of jurors.
Mr. Park offered an amendment to section 1. Adopted.
Mr. Park offered an amendment to be known as section 2, which was not adopted.

Mr. Smith, of Oglethorpe, offered certain amendments reducing the terms of office of the Commissionere.
Mr. Burch called for the previous question on th& 35

.046

JouRNAL oF THE Hou~E,

amendments then pending ; the call was sustained and the main question ordered.
The amendments were not adopted.
The bill was read the third time, the report of the committee, as mended, was agreed to, and the bill passed by substitute, by the requisite constituJonal majority-yeas 105, nays none.
The next special ordt>r was taken up, to-wit: .A bill to amend paragraph 1, section 12, article 6, .of the Constitution of Georgia, by repealing the provisions therein providing for the election of J odges of the Supreme and Superior Courts and Solicitors-General, by the General Assembly, and enacting that said officers be appointed by the Governor, with the advice and consent of the Senate.
Mr. Smith, ot Union, offered certain amendments
to the substitute, which in effect gives the elf'ction of Judges of the Superior Court and Solicitors-General, to the qualified voters in each circuit.
Pending the discussion the hour of adjournment arrived.
The Speaker announced as the Committee on the part of the House on the state of business, with a view
to fixin~ the day of adjournment, Messrs. Smith of
Oglethorpe, Gray, Crawford, Jemison, and Smith of Union.
Leave of absence was granted to Mr. Story, on business.
Leave of absence was granted the Committee on the Boundary Line between Georgia and South Carolina, for two days.
A communication from the Principal Keeper of the Penitentiary, in response to a resolution of the House, was referred to the Committee on the Penitentiary.
The House then adjourned till9 a. m. to-morrow.

WEDNESDAY, AU<:Wf:!T 24, 1881.

547

ATLANTA, GEORGIA,
Wednesday, August 24, 1881.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Mr. Clarke, of the House.
The roll was called and a quorum found to be present.
Mr. Heath, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report :
Hr. 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 change the several acts incorporating the town of Conyers, Georgia, to that of a city corporation, and for other purposes.
Also, an act to repeal the second section of an act to repeal an act approved February 27, 1877, creating a County Court in each county of this State, so far as the same applies to the county of Dodge, and to abolish tlle County Court of Dodge county.
Respectfully submitted, J. L. SW.KAT, Chairman.

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following rPport.
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 Senate resolution, to-wit:
A resolution in relation to the articles of agreement

548

JouRNAL oF THE HousF,

between the Commissioners of the States of Georgia. and South Carolina, in regard to the boundary linebetween said States.
Respectfully flubmitted, J. L. SWEAT, Chairman.

Mr. Perkins, chairman Committee on the LunaticAsylum, submitted the following majority and minority reports from said committee:

Mr. Speaker :
A majority of the Committee on the Lunatic Asylum, to whom were referred the reports from the majority and minority of the joint special committee, appointed to consider and report what action is proper to be taken in reference to provisions by the State for those unfortunate fellow creatur<>s of ours, submit the following report, to-wit:
\Ye have, after careful examination or the present institution, its capacity, inmates, location and wants, and after the most sParching investigation into every matter connected with their care and restoration, and considering, first of all, the interest, welfarP. health and comfort of the inmates themselvPs ; and in the next place, the interest of the State and the people at large, feel constrained to adopt the report of the minority of said sub or special committee.
Your committee, therefore, recommend the adoption of the report made by the minority of said special committee, in so far as it proposes the establishment of a branch of the State Lunatic Asylum, to be located at some other point than at which said asylum is now located.
And your committee herewith submit a bill as a part of their report, with the point of location for the branch asylum, to be suggested as in the wisdom of

WEDNESDAY, AUGUST 24, 1881.

049

-the General .Assembly, may best subserve and pro-

mote the welfare of the class to be provided for.

Respectfully submitted,
T. S. DAVIS,

w. T. DAY,

W. H. McCLURE,

J. WITHROW,

A.M. MooRE,
.A. J. JULIAN,

J. F. BATES,
E. G. ScRUGGS,

JOHN p ALMOUR, T . .A. JACKSON,
J. V. HEARD, E. J. HENRY,
w. M. DYKES,

A. J. MATHEWS, J. J. KIMSEY, J. V. SMITH,
lSAIH WILLIA1tiS,.
FRANK J OIINSON,

JoHN MciNTOSH,

W. S. ZELLARS.

Mr. Speaker :

We, the undersigned members of the Committee on

the State Lunatic .Asylum, beg leave to submit a mi-

nority report upon the action of the committee in

adopting a substitute, looking to the establishment of

a branch asylum in lieu of the original bill providing

for the enlargement of the present institution, to wit :

Recognizing the urgency of the demand for in-

creasPd accommodations, believing that this demand

can be met more speedily, and relief given more

.quickly to the great number of lunatics now con-

fined in the jails of the various counties for the

reasons noted in the majority report of the special

committee, as well as for the unintelligible nature of

the substitute itself, we believe it to be more practica-

ble to pass the original bill looking to the enlarge-

ment of the present building.

F. G. DuBIGNoN, L. M. LAMAR,
B. C. CooK,
w. A. DYER,

JAMES THOMPSON,

Respectfully submitted,

w. H. M. BURCH, B. WINGFIELD.

E. .A. PERKINs, Chairman.

550

JouRNAL OF THE HousE,

Mr. Polhill, chairman of the Special Committee on the Judiciar.y, submitted the following report:
Mr. Speaker :
The Special Committee on the Judiciary has had under consideration the following bills, which it recommends do pass, proofs being correct, to-wit:
.A bill to provide for extra compensation to certain officers in Burke county, Georgia.
.Also, a bill to amend an act to grant to R. C. Mitchell certain privileges.
.Also. a bill for the relief of the bondsmen on the bond given by the Stonewall Rifles for arms furnished by the State of Georgia.
.Also, the following bills, which they recommend do pass, as amended, proofs being correct, to-wit:
A bill to confer certain powers on the Ordinary of Douglas county.
.Also, a bill to authorize the Commissioners of Floyd to purchase certain bridges in said Floyd county.
.Also, the following bills, which they recommend do pass, by substitute, to-wit:
A bill to amend an act authorizing the county of Dougherty to issue bonds for said county, approved September 10, 1879.
.Also, a bill to abolish the County Court of Troup county.
Also, the following bills, which they recommend introducer be allowed to withdraw, to-wit:
.A bill to authorize the city of Columbus to purchase lands outside of the city limits foz cemetery purposes.
Also, a bill to require the Judge of the County Court of Pike county to hold monthly and quarterly sessions in Barnesville, in said county.
.Also, a bill to prevent the floating of logs or timber through the Satilla river bridge, near Jno. B. Cason's, in "\Vare county.
Respectfully submitted, .T. H. PoLHILL, Chairman.

WEDNESDAY, .AUGUST 24, 1881.

551

Mr. Hammond, for the Committee on Rules, submitted the following report :
Mr. Speaker:
The Committee on Rules have had under considera tion House resolution r~quiring unanimous consent to call up a bill or resolution out of 1ts order, which they recommend ilo not pass.
.Also, House resolution providing that, after the 23d inst., no member shall speak more than ten minut~s at any one time, on any subject, except by consent of the Hous~, which resolution they reeommend be adopted.
Respectfully submitted, W. M. HAMMOND, Chairman protem.

Mr. Hammond, chairman of the General Committee
. on the Judiciary, submitted the following report :
Mr. Speaker:
The General Committee on the Judiciary have had under consideration the following Senate bill, which they recommend do pass, to-wit:
A bill to change the time of holding th~ Superior Courts of Bulloch county, and for other purposes.
The cummittee recommend that the following House bill do pass, by substitute, to-wit:
.A bill to amend an act assPnted to October 15, 1879, providing for the appointment of some person to preside jn cases where the Judge is disqualified, so as to make said act apply to criminal cases.
The committee recommend that the following House bill do pas51 as amended, 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, and for other purposes.

552

JOURNAL OF THE ROUSE,

The committee return the following House biil with certain amendments, which are deemed necessary to perfect the same, and ask that the bill, with the amendments suggested, be referred to the Committee on Finance. to-wit:
A bill to authorize the publication of a new Code of Georgia, to define the duties of the Governor, in reference thereto, and to appropriate money for the same.
Respectfully submitted, W. M. HAMMOND, Chairman.

Mr. Hutchins, chairm~n of the Committee on Finance, submitted the following report :
Mr. Speaker:
The Committee on Finance have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to be entitled an act to amend the 17th paragraph of the 2d section of an ~ct entitled an act to levy and collect a tax for the support of the State Government and the public institutions, etc., approved December 7, 1880.
Also, a bill to be entitled an act to provide compensation for the Sheriff of the Supreme Court of the State, in pauper cases.
Also, a bill to he entitled an act to prescribe the mode and manner of making returns by Insurance Companies to the Comptroller-General of this State, and for other purposes.
Also, the following bills, which they recommend do pass, as amended, to-wit:
A bill to be entitled an an act to authorize and direct the Treasurer of the State of Georgia to pay certain valid past due bonds of the State, etc.
Also, a bill to be entitled an act for the relief of James M. Rouse, ~eaborn M. Hunt, John Fenn, Thos. J. Harris and John Odom, etc.

WEDNESDAY, AUGUST 24, 1881.

553

Also, a bill to be entitled an act to enlarge the powers of county authorities of this State, as to levying taxes for pauper purposes.
Also, the following bill, which they recommend do not pass, to-wit :
A hill to be entitled an act to authorize and empower the Governor of this State to invest any public moneys in the treasury, for which there is no immediate use, and for other purposes.
Proper notice of the intention to introduce the spedal bill reported, has been duly given.
Respectfully submitted, N. L. .liUTCHINS, Chairman.

By permission of the House, Mr. DuPree, of Pike, withdrew House bill No. 758; Mr. McKinney withdrew House bill No. 475, and Mr. Denton withdrew House bill No. 918.
Under a suspension of the rules, the following bill, by a two-thirds vote-yeas 103, nays none-was introduced, and by a two-thirds vote-yeas 104, nays none -read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. Daniel-
A bill to repeal an act to create a Board of Commissioners of Roads and Revenues in the county of Madison, approved August 27, 1872, and an act amendatory thereof, approved March 3, 1875.
Also, by a two thirds vote-yeas 97, nays none-the following bill was introduced, read the first time by a two-thirds vote-yeas 92, nays none-and referred to the Committee on Education, to-wit: By Mr. Shockley-
A bill to levy a school tax for the county of Columbia.
Also, by a two-thirds vote-yeas 93, nays none-the following bill was introduced, and by a two-thirds vote

554

JOURNAL OF THE HOUSE,

-yeas 98, nays none-read the first time and referred t(} the Committee on Railroads, to-wit:
By Mr. Walker, of JasperA bill to incorporate the Monticello and Trans-Oc-
mulgee Railroad.
Also, the following bills, which were read the first time and referred to the Committee on Finance, to-wit: By Mr. Miller-
A bill to change the fiscal year and to provide when official reports shall be made, and for other purposes.
Also, a bill to requirfl the chairman of the House Committee on Finance to keep a register of certain bills, and for other purposes.
On motion of Mr. Garrard, the following resolution was taken up, read and agreed to, to-wit:
A resolution limiting speeches during the morning session to ten minutes each, from this date, except by consent of the House.
On motion of Mr. Moore, of Pierce, the following bill was taken up, under a suspension of the rules, read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passedr as amended, by the requisite constitutional majorityyeas 110, nays none-to-wit:
A bill to repeal all laws and amendments to laws heretofore paEsed, incorporating the town of Blackshear, Pierce county, Georgia, and, also, all laws and amendments to laws conferring civil and c.-iminal jurisdiction for the county of Pierce on the Mayor thereof; to provide for the election of Mayor and Aldermen, prescribe their powers and duties, and for other purposes.
The special order was then taken up, to-wit: A bill to provide for the levying of a tax of one-tenth of one per centum upon all the taxable property in

WEDNESDAY, AUGUST 24, 1881.

555

this State, and for the collecting of the same, and for the the applying of the net proceed thereof to the support of the common schools of this State.
Mr. N orthen offered an amendment to be known as section 5 of the bill.
The amendment was adopted. Mr. DuBignon offered an amendment as a substitute for section 2, providing for the distribution of th~ proceeds of the taxes raised under this bill, in proportion to the number of children of school a~e in each county. Mr. Wheeler called for the previous question ; the call was not sustained. Mr. DuBignon's amendment was adopted. Mr. McBride offered an amendment providing for a vote by counties. The amendment was not adopted. The report of the committee was agreed to, and the bill read the third time ; on the qnestion of the passage of the bill, Mr. Render calhd for the yeas and nays ; the call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Anderson of Newton, Awtry, Barrow, Bates, Bird, Brinson, Broyles, Cameron, Carter, Christie, Clark,. Coffin, Crozier, Crumbley, Day, Dial, DuBignon, Estes, Feagin, Flynt, ~-.,oster, Goodrich, Hammond,
Heard,Heath, Henry, Hester, Hightower of Stewart, Hillyer, Hunt, Jackson of Carroll, Johnson of Lee, Jones of DeKalb, Keil, Kimsey, Lamar, Lonnon,Lester, Lewis, Maddox, Martin of Talbot, Mays of Butts, McCants, McClure, Mclntush, McKinney, McLeod, Mitchell, Milner, Moore of Hancock, Moore of Pierce,. Moore of Taliaferro, N orthen, Park. Patterson, Perkins, Polhill, Post,Rice,Ritchie,Robins, Roney,Sapp, Sellars, Scruggs, Shockley, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Sumner,.

~56

JouRNAL OF THE HousE,

Sweat, Walker of Berrien, Walker of .Tasper, Whittle, Willingham, Wilson of Camden, Wilson of Greene, Wingfield, Youngblood, Zellars-82.

Those voting in the negative are Messrs.--
Adderton, Anderson of Cobb, Arrington, Bacon of Chatham, Barnes, Basinger, Beatty, Branson, Brewer, Bull, Burch, Crawford, Daniel, Denton,DuPree of Macon, DuPree of Pike, Dyer, Dykes, Fordham, Fuller, Garrard, Gaskins, Gray, Hale, Harrell, Hill, Hutchins, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Jones of Baker, Julian, Lamb, Little, McAllister, McBride, Middlebrook, Miller, Morrow, Nichols, Orr, Palmour, Quillian, Rawlins, Reese, Render, Singleton, Stanford, Stapleton, Summerlin, Tharpe, Thompson, Turner of Floyd, Turnipseed, Twiggs, Walker of Crawford, Wheeler, Williams, Wilkinson, Wilson of Bulloch, Withrow, Wright,Zachry-65.

Those not voting are Messrs.-
Bennett, Branch, Carithers, Cook, Davis of Habersham, Davis of Lumpkin,Edwards,Farnell, Glover, Hall, Hagen, Harp, Hightower of Early, Kennedy, Martin of Houston, -Mathews, Mays of Richmond, McClellan, McLucas, Peek, Price, Rainey, Rankin, Story, Strother, Turner of Monroe, Winslow, Mr. Speaker-38.
So the requisite constitutional majority not having voted in the affirmative, the bill was lost.
The following bill was introduced, read the first time and referred to the General Committee on the .Judiciary, to-wit: By Mr. Morrow-
A bill to provide for the payment of costs to Justices -of the Peace and Constables in criminal cases.
On motion of Mr. Shockley, the following bill was

WEDNESDAY, AUGUST 24, 1881.

()57

re-committed to the Committee on Corporations, to-

ri:

.

A bill to incerporate the town of Grovetown, in the county of Columbia.

House bills Nos. 731 and 744 were re-committed to the Committee on Finance.

On motion of Mr. Hale, House bill No. 539 was

withdrawn.

The following bill was introdneed, read the first time

and refem'ld to the General Committee on the Judiciary, to-wit :

By Mr. Stanford-

A bill to prevent the rough handling of baggage of

persons traveling on the railroads in this State, and to

prescribe a penalty therefor. By Mr. Estes-
A bill to make uniform the publication of adver-

tisements or notices required by law to be made

through a newspaper or public gazette, and to declare in what papers such publication shall be made, and for other purposes. By Mr. Adderton-

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 10, 1878, so as to make said act applicable to the whole length of creeks as well as rivers.

Mr. Garrard offered the following resolution, which was read and referred to the Special Committee on the

State of Business before the General Assembly, to-wit:

A resolution fixing the day of adjournment at September 15, 1881.

Mr. Garrard also offered the following resolution,

which was read and referred to the Committee on Fi-

nance, to-wit :

A resolution declaring certain unpaid coupons of Macon and Brunswick Railroad bonds invalid.

!>58

JouRNAL oF THE HousE,

The following bill was introduced, read the first time and referred to the Committee on Temperance, towit: By Mr. Smith, of Union-
A bill to prohibit the distillation of any gram m this State for twelve months, and to provide a punishment therefor.
On motion of Mr. Day, the following bill was read the third timf>, the report of the committee was agreed to and the bill passed by the requisite constitutional majority-yeas 103, nays none-to-wit:
A bill to change and fix the times of holding the Superior Courts of the counties of Pickens, Gilmer and Fannin, in the Blue Ridge Circuit, and for other purposes.

Mr. Polhill, chairman Special Committee on the Judiciary, submitted the following report:
Mr. Speaker:
The Special Committee on the Judiciary have had under consideration the following bills, which they recommend do pass, proofs being correct, to-wit:
A bill to amend an act to establish a Board of Commissioners for the county of Columbia.
Also, a bill to define the authorities ot the Commissioners of Roads and Revenue of Glynn county.
Also, the following bills, which they recommend do rass, by substitute, to-wit:
A bill to protect the farming interests of Monroe county.
Also, a bill to change the times of holding the Superior Court of Taylor county, in the Chattahoochee Circuit.
Also. the following bill, which it recommends introtroducer be allowed to withdraw, to-wit:
A bill to prohibit the sale of liquor in Columbia county.

WEDNESDAY, AUGUST 24, 1881.

559

Also, the following bill, which it recommends do not pass, to-wit :
A bill to require commissioners who execute interrogatories to take an affidavit, to prescribe the form of .said affidavit, and for other purposes.
Respectfully submitted, J. H. PoLHILL, Chairman.

Mr. Estes, chairman of the Committee on Corporations, submitted the followin~ report, to-wit:

Mr. Speaker:
The committee have had under consideration the following bills, which they recommend do pass, towit:
A bill to repeal an act incorporating the town of Lawtonville.
Also, a bill to amend an act incorporating the town <>f Talbotton.
The committee have also had under consideration the f::>llowing bill, which they recommend do pass, by substitute, to-wit:
A bill to incorporate the Chattahoonhee Canal Company.
The committee also recommend the passage of the following bill, with amendments, to-wit:
A bill to incorporate the Rome Canal and Waterworks Company.
Legal proofs of the above special bills were before the committee.
The committee have also had under consideration the following bill, which I am instructed to report to the House, with the recommendation that it be referred to the General Committee on the Judiciary, to-wit:
A bill to amend an act incorporating the Contractors' A~sociation, approved October 24, 1870.
Respectfully submitted, J. B. EsTEs, Chairman.

660

JouRNAL oF THE HousE,

On motion of Mr. DuBignon, the rules were sus pended and the following bill taken up and read the second time and made the special order for Thursday night next, at 8 o'clock p.m.:
A bill to appropriate money for the purpose of enlarging the State Lunatic Asylum, and for other purposes.
Mr. Wright offered the following resolution, which was read and agreed to, to-wit:
A resolution to print 250 copies of the majority and minority reports of the Special Committee on Lunatic .Asylum for the use of the House.
The following House bills, with Senate amendments, were taken up, and the Senate amendments concurred in, to-wit:
A bill to provide for the compensation of certain Tax Collectors and Receivers for services redered in 1880.
Also, a bill to amend the charter of the town of West End, in Fulton county.
Also, a bill to incorporate the Cleveland and Lula Railroad Company.
.Also, a bill to incorporate the Merchants and Planters Steamboat Company.
House bill No. 886 was re-committed to the General CommittPe on the Judiciary.
The following bill was read the third time, thereport of th~ committP.. was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed as amended by the requisite constitutional majority-yeas '100, nays none--towit:
A bill to authorize the Commissioners of Roads and Revenue for the county of Mitchell to issue bonds, not to exceed the sum of ten thousand dollars, and bearing interest not to exceed the rate of 7 per cent. per annum, for the purpose of building a court-house in said county, and to provide for the payment of the same.

vVEDNESDAY, AUGUST 24, 1881.

061

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 97, nays none-to- wit :
A bill to fix the fees of Justices of the Peace and Constables in cases of foreclosure of chattel mortgages, and for other purposes.
On motion of Mr. Wheeler, the bill, which was the unfinished business, was laid on the table.
House bills Nos. 455, 461, 462 and 467 were laid on the table.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, th~ report of the committee was agreed to, and the bill passed, as amended, by the rt->q uisite constitutional majority-yeas 94, nays none-to-wit:
A bill to prohibit the sale of spirituous, malt or intoxicating liquors, in any quantity whatever, in the 427th district, G. M., 'Vhite county, and to provide a penalty.
The following bill was read the third time, the report of the committee was agreed tu autl the bill passed by the requisite constitutiona1 majority-yeas 100, nays none-to-wit:
A bill to pruviJe lur the ,...jguiug auJ certifyiug of bills of exceptions, now required to be signed in twenty days, after said twenty days in certain cases.
The following bill WftS read the third time, the report of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority-yeas 102, nays none-to-wit:
A bill to correct certain mistakes of refenmce in the lien laws of this State, as contained in sections 1978, 1987, 1989, 1992 and 1994 of the Code.

On motion of Mr. Jackson, of Richmond, the following Hom~e bill, (No. 462) was taken irom the table,
36

.062

JouRNAL oF THE Hou::.E,

read the thirtl. time, the report of the committee was :agreed to, and the proofs of the publication of the noti0es required by law being exhibited, the bill passed by the requisite constitution~! majority-yeas 94, nays none-to-wit:
A bill to amend an act to create a Board of Police Commissioners for the city of Augusta, to define its powers anrl duties, approved August 26, 1879, by extending thd tPrms of office of the present incumbents, changing the mode of election and making the Mayor ex-officio a member of said Board.
On motion of Mr. .Northen, Rouse bill No. 257 was Te-committed to the Committee on Finance.
Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report : "

Mr. Speaker:
'l'he Committee on Enrollment report as duly enrolled, and J.'t-mdy for the signature of the Speaker of the House of Representatives the following acts, towit:
An act to prohibit the sale of spirituous liquors in the county of Houston, and for other purposes.
Also, an act to refund to the purchasers, or those holding nnd.Pr them, money receivl:'d by the State of Georgia for lot of land 124 in the 5th district tlf the 3d section of orginally Cherokee, now Bartow county, sold at ju<lieial sale as a fraudulent draw.
Also, an act to amend section 1455 of the Code of 1873, and for other purposes.
Respectfully submitted, J. L. SwEAT, Chairman.

On motion of Mr. Youngblood, the following bill was taken up out of its order, read the tllird time, the report uf the committee was agreed to, the proofs of the publication of the notices required by law were exhib-

WEDNESDAY, AUGUST 24, 1881.

563

ted, and the bill passed, as amended, by the requisite constitutional majority-yeas 88, nays none-to-wit:
A bill fixing the license for retailing spirituous liquors in the county of Washington, and for other purposes.
Leave of absence was grant':ld to Messrs. Peek, Hall, Glover, Perkins, on account of sickness in their families ; to Messrs. Moore of Hancock, and Palmour on business; to Messrs. Park,Day and Willingham, of the Committee on the Marietta and North Georgia Railroad, to attend to the duties of said committee.
The House then adjourned till 4 o'clock p. m.

4 O'CLOCK P.M.
The House re-assembled for the purpose of reading bills favorably reported on the second time, the Speaker in the chair.
The following bills were read the secend time, towit:
A bill to authoriz8 and direct the Treasurer to pay certain valid past due bonds of the State, signed by Chas. J. McDonald, Governor, and J. Crawford, Pres-
ident of the Commissioners of ,V. & A. Railroad.
Date of issue, number of bonds, maturity, etc., set forth in said act.
Also, a bill to provide for the payment of extra f'Ompensation to the Sheriff and Clerk of Burke county for services during the terms of the Superior Court.
Also, a bill to confer power on the Ordinary of Douglas county to erect gates across public and private roads, and for other purposes.
Also, a bill to amend an act to grant to R. C. Mitchell & Co., certain privileges in making an abstract of the records of deeds and mortgages in the county of Fulton.
Also, a bill to authorize the commissioners of Floyd

564

JouRNAL oF THE HousE,

county to purchase certain bridges over the Etowah and Oostanaula rivers at Rome, and issue bonds to pay for the same, subject to the approval of the voters of said county.
Also, a bill to amend an act to authorize the county of Dougherty to issue bonds for $30,000, and to provide, etc., approved September 10. 1879.
Also, a bill to change the time of holding the Superior Courts in the county of Quitman.
Also, a bill to amend section 829 of the Code of 1873.
Also, a bill for the relief of James M. Rouse, Seaborn Hunt, John Fenn, Thos. J. Harris and John Odom, securities on tile bond of H. H. Rouse, late Tax Collector of Worth county.
Also, a bill to prevent the destruction of fish in the streams of this State.
Also, a bill to change the time of holding the Superior Courts in the county of Upson.
Also, a bill to fix the amount of liceu:;e for selling
liquors in the county of "\Vebster, and provide a punishmt>nt.
Also, a bill to prohibit the riding or driving of any horse or mule, or otherwise injuring any stock of another, without his consent, and provide a pnni:;hment.
Also, a bill to repeal an act to establish a Board of Commissionei's for Murray county.
Also, a bill to fix the fee for selling liquor in Montgomery county.
Also, a bill to incorporate the town of Pelham, Mitchell county, and provide a governm{!nt for the same.
Also, a bill to require the several Judges of the Superior Courts, in all cases, to give their charges to the jury in writing.
Also, a bill to authorize and require the proper officials of the several counties to provide for the doing

WEDNESDAY, AUGUST 24, 1881.

565

of extraordinary work on the public roads at the county's expense.
Also, a bill to repeal section 3 of an act to incorporate tbe town of Clarkesville, Habersham county, etc., approved September 16, 1870, and the amendment approved December 9, 1871.
Also, a bill to amend section 4259 of the Code of Georgia, with reference to the service of bills of exceptions.
Also, a bill to incorporate the town of Rising Fawn, in the county of Dade.
Also, a bill to amend the act prescribing a method Of granting license to sell liquors or bitters in the town of Eastman, and county of Dodge,:to fix the license and prescribe a penalty.
Also, a bill to amend an act to establish a Board of Commissioners for thP county of Columbia, approved February 27, 1877, so as to allow said board to elect their own clerk.
Also, a bill to allow the burning of the woods in the county of Coffee from the lOth day of February to the 15th day of April in each year.
Also, a bill to prescribe the manner of having the lines and corners established around certain lots of land in Clinch county.
Also, a bill to repeal so much of an act to prevent seining in the waters of Suwannoochee and Tom's creeks, as relates to the county of Clinch.
Also, a bill to change the time of holding the Superior Courts in the county of Clayton.
Also, a bill to incorporate the Athens Mutual Insurance Company.
Also, a bill to provide for issuing new bonds of the county of Clarke, to take up the outstanding bonds of the county.
Also, a bill to amend an act to create a Board of Commissioners for the county of Chattooga, approved

566

JouRNAL ol<' THE HousE,

March 4, 1875, and provide compensation and additional powers for said board.
Als0, a bill to amend the corporate limits of thetown of Bowden, in C11rroll county.
Also, a bill to amend the charter of the Savannah, Florida and Western Railway Company, and for other purposes.
Also, a bill to amend an act to incorporate the town of Palmetto, of Campbell county, and to appoint Commissioners for the same, approved February 18, 1881, by changing the corporate name and provide for the t>lection of Mayor and Council, and conferring certain specific corporate powers.
Al!w, a bill to increase the license for selling liquors in Camden county to five thousand dollars.
Also, a bill to repeal all laws concerning the registration ofvoters in Camden county.
Also, a bill to amend an act to amend the several acts incorporating the city of Macon, approved December 27, 1847, and the s~>veral acts amendatory thereto, approved December 11, 1871, to provide for the election of the Cle1k and Treasurer of said city, by the Mayor and Aldermen of said city.
Also, a bill to authorize the Mayor and Clmncil of the city of Macon to submit to the voters of said city the question of purchasing the Holdridge property for certain purposes, and the increase of the city's indebtedness twenty-five hundred dollars therefor.
Also, a bill to submit to the q nalified voters of thecity of Macon the question of making a contract with the Macon Gas Light and Water Company for five years, and whether the debt of said city shall be increased therefor.
Also, a bill to amend the charter of the city of Macon, by enlarging the power and authority of the Mayor and Council of said city over the health thereof, to authorize the creation of a Board of Health, and to

THURSDAY, .AUGUSl' 25, 1881.

567

confer additional authority upon such Board in the sanitary regulation of said city.
.Also, a bill for the relief of' Eldf'r James W. Howard, and Deacons D. M. Morris and Wesley H. Tice, of the Second Baptist church of Columbus, and confirm their title to certain lands, to enable them to sell the same and re-invest in church property.
.Also, a bill to reqnire the ciPrks of the Superior ~nd City Courts to make im.uediatP- r.,ur.l of certain uriginal papers filed in said courts, and to prescribe pellalties for failure on the part of said ch~rks to comply with the requirements thereof, and provide f01 the use of certified copies of said record.
.Also, a bill to declare and make plain, th~ bounds and limits of the militia districts of Chatham county, which lie outside the city of Savannah.
.Also, a bill to provide for the erection of a State capitol building, and to appropriate money for the same, and for other purposes.
.Also, a bill to confer police powers upon conductors of railway trains in this State, carrying passengers1 whether the same are regular passenger trains or not, and for the protection of passengers on all rail way trains in this State.
Leave of absence was granted to Messrs. Walker ofCrawford, Ritchie, Feagin, Sumner and Brinson, on business.
The House then-adjourned till 9. a. m., to-morrow.

.ATLANTA, GEORGIA,
Thursday, .August 25, 1881.
The House met pursuant to adjouument, was called to order by the Speaker and opened with prayer by Mr. Wilson, of Bulloch, of the House.
The roll was called and a quorum found to be present.

568

JouRNAL oF THE HousE,

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

Mr. Sweat, chairman of the Committee on A pportionment, submitted the following report :
Mr. Speaker:
The Committee on Apportionment have had under consideration the following SPnate bill, which they recommend do pass, to-wit.:
A bill to be entitled aa act to change the apportionment of Representatives in the General Asssembly amongst the several counties of this State, provided for in article 3, section 3, paragraph 1, of the Constitution of the Statt-1 of Georgia.
Respectfully r:ubmitted, J. L. SwEAT, Chairman.
The House went into the Committee of the Whole House.
Mr. DuBignon, chairman of the Committee of the \.Vhole House, made the followin0 report :
Mr. Speaker :
The Committee of the Whole House have had under consideration-
A bill to authorize and direct thP- Treasurer of the State of Georgia to pay certain valid past due bonds of ths State, signed by Chas. J. McDonald, Governor, J. Crawford, President of the Commissioners of the Western and Atlantic Railroad ; date of issue, number of bonds, maturity, etc.. being set forth in said act.
Which they have instructed me to report back to the House with the recommendation that it do pass as amended.
The report of che committee was agreed to, and the bill read the third time.

THURSDAY, AUGUST 25, 1881.

569

On motion of Mr. Hunt, the further consideration of the bill was postponed until Wednesday next and made the special order for that day, immediately after the reading of the Journal, and three hundred copies of the bill and the accompat1ying proofs were ordered printed for the use of the House.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices rt>q uired by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 100, nays none-to-wit:
A bill to provide for the payment of extra compensation to the Sheriffand Clerk of Burke county, Georgia, for their services during the terms of the Superior Court of said county.

The following mes~age was receivE'd from the Senate through Mr. Harris, the Secretary thereof:

Mr. Speakei:
The Senate has passed the following House bills, to-wit:
A bill to amend section 4549 of the Code of 1873, which was passed by a constitutional majority-yeas 23 nays none.
Aho, a bill to amend section 19fi0 of the Code of 1873, which was passed by a constitutional }Dajority -yeas 28, nays none.
Also, a bill to authorize the Board of County Commissioners of the county of Mitchell to levy a tax for certain purposes, which was passed by a constitutional majority-yeas 31, nays none.
Also, a bill to make it a misdemeanor for any one to set fire to woods of another in the county of Clinch, which was passed by a constitutional majority-yeas 26, nays none.
Also, a bill to prohibit the sale of intoxicating liquors in the town of Stockton, in the county of Clinch,

570

JouRNAL oF THE H<~USE,

which was passed by a constitutional majority-yeas30, nays none.
Also, a bill to fix the fee for liquor license in the county of Clinch, which was passed by a constitutional majority-yeas 29, nays none.
Also, a bill to authorize the Governor to draw his warrant on the treasury for the payment of H. P. Hammett of excess of $26.87, received on the sale of his wild land, which was passed by a constitutional majority-yP-as 30, nays none.
Also, the following Senate bill, to-wit: A bill to amt>nd section 441 of the Code of 1873, which was passed by :t constitutional majority-yeas 28, nays none. The Senate has passed the following bills, with amendments, in which they ask the concurrence of the House therein, to wit : A bill to incorporate the Rome and Carrollton Railroad Company, which was passed by a constitutional majority-yeas 29, nays none. Also, a bill to amend an act incorporating the Augusta Savings Institution, which was passed by a constitutional majority-yeas 26, nays none. Also, a bill to prohibit any person keeping a bar room from employing minors therein, and to prescribe a penalty therefor, which was passed by a constitional majority..._yeas 23, nays eleven (11). Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report : Mr. ~9peaker: The Committee on Enrollment report as duly enrolled and ready for the signature of the Speaker of the House of Representatives, the following act, to wit: An act to provide for the compensation of certain Tax Collectors and Receivers of Tax Returns for servicfls performed during the year 1880.
J. L. SwEAT, Chairman.

THURSDAY, AUUUt:!T 25, 1881.

571

Mr. Milner, chairman pro tem. of the General Com-
mittee on the Judiciary, submitted the following re port:

Mr. Speaker:
The General Committee on the Judiciary have had under consideration the following bill, which they recommend do pass, by substitute, to-wit:
.A. bill to regulate the practice in the Supreme Court of Georgia.
The committee return the following bill, with the recommendation that the introducer be allowed to withdraw, to-wit:
A bill to regulate the practice in the Supreme Court. Respectfully submitted,
Taos. W. MILNER, Chairman protem.

Mr. Sweat, chairman of the House Committee on Apportionment, submitted the following report:
Mr. Speaker :
The House Committee on Apportionment, acting with a similar committee on the part of the Senate, . have had under consideration the question as to whetht=>r or not the General Assembly should change the Senatorial districts, as now arranged by counties, and recommend that no change be made.
The committee have also had under consideration the question as to whether or not the General Assembly should, at its present session, re-apportion the Congressional districts in the State, and have arrived at the following conclusions, to-wit: We are of opinion that no attempt should be made to interfere with the present arrangement until the Congress of the United States sh~ll have apportioned representation, as provided by act of Congress, under the census or 1880, and that any action at this time by the Legisla-

572

JouRNAL oF THJ:<J HousE,

ture of Georgia would be premature, unwise and illegal.
Respectfully submitted, J. L. SWKAT, Chairman House Com. R. N. KING, Chairman Senate Com.

The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 91, nays none, towit:
A bill to confer power on the Ordinary of the county of Douglas to erect gates across public and private roads, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 88, nays none-to-wit:
A bill to authorize the Commissioners of Floyd county of Roads and Revenues to purchase one or more bridges on the Etowah and Oostanaula rivers, at Rome, Ga., and to issue bonds for the same, subject to the n pproval of the voters of said county.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited,and the bill passed, by substitute, by the requisite constitutional majority-yeas 98, nays none-to-wit:
A bill to amend an act to authorize the county of Dougherty, by its County Commissioners, to issue bonds of said county for $30,000, and to provide, etc., approved September 10, 1879.
The following bill was read the third time, th~ report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited

THURSDAY, AUGUST 25, 1881.

573

and the bill passed by the requisite constitutional majority-yeas 92, Ilays none-to-wit:
A bill to fix the amount of license for selling spirituous, intoxicating or malt liquors in the county of Charlton, in this State, and to prescribe a punishment for a violation of this act.
The followmg bill was read the third time, the proofs of the publication of the notices required by law were exhibited and the report of the committee agreed to, and the bill passed as amended, by the requisite constitutional majority-yeas 102, nays none -to-wit:
A bill to create a Board of Commissioners for Worth county, define their powers and duties, and for other purposes.
The following bill was read the third time, thereport of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, as amended, by the requisite constitutional major-ity-yeas 99, nays none-to-wit:
A bill to fix the amount of license for selling spirit. uous, intoxicating or malt liquors in the county of Webster, and to prescribe a punishment for a violation of the provisions of this act, 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 majorityyeas 89, nays none-to-wit:
A bill to amend section 829 of the Code and to reg ulate returns for taxes on plantations through which county lines run.
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 96, nays 2-to-wit:
A bill to prevent the destruction of fish in the streams of this State, and for other purposes.

.574

,JOURNAL OF THE HOUSE,

House bill No. 493 was laid on the table.
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 91, nays none-to-wit:
A bill to change the time of holding the Superior Courts of the county of Upson.
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 '95, nays none-to-wit:
A bill to change the time of holding the Superior ~ourts in the county of Quitman.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report 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 for the relief ot J as. M. Rouse, Seaborn W. Hunt, John Fenn, Thos. J. Harris and John Odom, securities on the bond of H. H. Rouse, late Tax Collector of vVorth county.
The following bill was read the third time, the report of the committee was agreed to, to-wit:
A bill to prohibit the riding or driving of any horse or mule, or otherwise using or injuring any horse or mule of another, without his consent, etc.
Mr. Estes moved to re-commit the bill, which motion did not prevail.
On the question of the passage of the hill, as amended, Mr. Hunt called for the yeas and nays; the call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.Adderton, Anderson of Cobb, Arrington, Awtry,

'fHUHSDAY, AUGUST 25, 1881.
Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bird, Brewf>r, Broyles, Bull, Burch, Cameron, Carter, Carithers, Christie, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Denton, Dial, DuPree of Pike, Dyer, Dykes, Feagin, Flynt, Fordham, Poster, Puller, Garrard, Gaskins, Goodrich, Hale, Hall, Heath, Hester, Hightower ot Stewart, Hill, Hillyer, Hunt, Jackson of Carroil, Jackson of Richmond, James, Jemit~on, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Keil, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Maddox, Martin of Talbot, Mathews, McAllister, McBride, McCants, McKinney, McLfwd, McLucas, Middlebrook, Mitchell, Milner, Moore of Pierce, Morrow, Nichols, Northen, Orr, Patterson, Polhill, Post,Quillian, Rawlins, Reese, Render, Rice, Robins, Roney, Sapp, Sellars, Scruggs, Singleton, Silman, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sweat, Tharpe, Thompson, Turner of Floyd, Turnipseed, Twiggs, 'Valker of Crawford, Walker of .Jasper, vVhePler, Whittle, Williams, Wilkinson, Wilson of Bulloch. Wilson of Greene, "Vingfield, Withrow, 'Vright, Youngblood, Zachry, Zellars-123.
Those voting in the negative are Messrs.- -
Bennett, Estes, Henry. Janes. Little, Mays of Butts, McClure, Mcintosh, Smith of Union, Wilson of Camden-10.
Those not voting are Messrs.-
Anderson of Newton, Brauch, Branson, Brinson, Day, DuBignon, DuPree of Macon, Edwards, Farnell, Glover, Gray, Hagen, Hammond, Harp, HarrPll,Heard, Hightower of Early, Hutchins, Julian, Martin of Houston, Mays of Richmond, McClellan, Miller, Moore of Hancock, Moore of Taliaferro, Palmour, Park, Peek, Perkins, Price, Rainey, Rankin, Ritchie,

076

JouRNAL OF THE HousE,

Shockley, Smith of Oglethorpe. Story, Sumner, Turner of Monroe, Walker of Berrien, Willingham, Winslow, Mr. Speaker-42.
So the requisite constitutional majority having voted in the affirmative, the bill was passed as amended.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed by the requisite consti tutional majority-yeas 107, nays none-to-wit:
A bill to rept-al an act to establish a Board of Commissiont:>rs of Rt->veoue, Roads, Bridges and Paupers for the county of Murray.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passl-'d, by substitute, by the requisite constitutional majority-yeas lOS, nays none-to-wit:
A bill to put the liquor licPnse in Montgomery county at not less than five thomand dollars.
The following bill was rt:>ad the third time, the report Qf the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, by the requisite constitutional majority-yeas 90 n~y:,; none-to-wit:
A bill tn i11Porporate the town of Pt>lham, in the county ot Mitchell, and to provide a government for the same.
The following bill was re-committed to the General Committee on the Judieiary, to-wit:
House bill No. 520, with reference to charges to juries.
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 92, nays none-to-wit:
A bill to auth01ize and require the proper officials

'rHURSD.AY, AUGUST 25, 1881.

577

of the several counties in this State, to provide for the doing of extraordinary work on the public roads at the county's expense, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, by substitute, by the requisite constitutional majority-yeas 101, nays noneto-wit:
A bill to repeal section 3 of an act to amend an act to incorporate the town of Clarksville, in the county of Habersham, to appoint commissioners for the same, and for other purposes, approved September 16, 1870, the amendin~ act approved December 9. 1871.
The following bill was read the third time, thereport of the committee was agreed to, and the bill passed by the requisite constituional majority-yeas 90, nays none-to-wit:
A bill to amend section 4259 of the Code of Georgia, in reference to the service of bills of exceptions.
The House went into Committee of the 'Vhole Rouse.

Mr. Barrow, chairman of the Committee of the Whole House, made tlw following report:
.Mr. Speaker :
The Committee of the "~hole .Hum;t> luve hau under consideration-
A bill to approprilte money to provide fur and to pay the expenses of an official representation of the natural and agricultural resources of the State of Georgia at the International Cotton Exposition, which they have instructed me to report back, with the recommendation that it do not pass.
The report of the Committee of the Whole House, adverse to the passage of the bill was agreed to, and the bill lost.
37

.!578

JouRNAL oF THE HousE,

The following bill was read the third time, the report of the committee was a~ reed to, the proofs of the publication of the notic~s required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 92, nays none-to-wit:
A bill to amend an act to grant toR. C. Mitchell & Co. certain privileges in making an abstract of the records of deeds and mortgages in the county of Fulton.
Mr. Sw~:-at, chairman of the Committee on Enrollment, submitted the following report.
Mr. Speaker : The Committee on Enrollment report as duly en-
rolled, signed by the Speaker of the House of Representatives and President of the Senate, and delivered to his Excellency the Governor, the following act, towit:
An act to provide for the compensation of certain Tax Collectors and Receivers of Tax Returns, for services rendered during the year 1880.
Respectfully submitted, J. L. SwEAT, Chairman.

The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibitl:'d and the bill passed by the requisite constitutional majority-yeas 105, nays none-to-wit:
A bill to incorporate the town of Rising Fawn, in the county of Dade, and to grant powers and privileges to the same.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority-yeas 104, nays none-to-wit:
A bill to amend an act prescribing a method of granting license to sell spirituous or intoxicating

THURSDAY, AUGUST 25, 1881.

579

liquors or bitters in the town of Eastman and the -county of Dodge, in thifl State, and to fix the license therefor, to prescribe a penalty for a violation of the reqnirements of this act, and for other purposes.
!Rave of absence was granted to Messrs. Crumbley and Winslow on account of sickness in their families, and to Messrs. Barnes, ~uillian and Bird on business.
The House then adjourned till 8 o'clock p. m.

8 O'CLOCK, P.M.
The House re-assembled for the purpose of considering the special order, and was called to order bythe Speaker.
The roll was called and a qnorum found to be present.
The special order was taken up, to-wit: A bill to appropriate money to enlarge the State lunatic asylum, and for other purposes therein named. The bill and the substitute reported by the Committee on Lunatic Asylum were read, and the substitute was not adopted.
The House went into the Committee of the \Vhole House.
Mr. Twiggs, chairman of the Committee of the Whole House, made the following report :
Mr. Speaker :
The Committee of the Whole Honse have had under consideration-
A hili to appropriate money for the purpose of enlarging the State lunatic asylum, and for other purposes therein named.
Which they have instructed me to report back, with the recommendation that it do pass, as amended.

JouRNAL olt' TllE HousE,
The report of the committee was agreed to, the bill read the third time, and on the question of the passage of the bill, the yeas and nays were required to berecorded, and on calling the roll the vote was as follows, to-wit :
Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Arrington, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Branson, Brewer, Broyles, Bull, Burch, Cameron, Carter, Cllrithers, Christie, Clark, Coffin, Cook, Daniel, Davis of Habersham, Davis of Lumpkin, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Est~:>s, .Flynt, Fordham, Fuller, Garrard, Gaskins, Goodrich, Gray, Hale, Hall, Hammond, Harrell, Heard, Heath, Henry, Hester, Hightower of Stewart, Hill, Hunt, Hutchins, Jackson of Carroll, James, Janes, Jemison, Johnson of Johnson, Johnson of Lee, Jones of Bakel', Julian, Keil, Kennedy, Kimsey, Lamar, Lamb, Lonuon, LPster, Lewis, Little, Maddox, Martin of Talbot, Mays of Butts, McAllister, McCants, ~IcClure, Mcintosh, McKinney, McLeod, .McLucas, ::\Iiddlebrook, Miller, Mitchell, Milner, Moore of Pi...rct>, :Moore of Taliaferro, Nichols, Northen, Orr, Polhill, Post, Quillian, Rawlins, Reese, Render, Rice, Robins, Roney, tiellars, Scruggs, Shockley, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sweat, Tharpe, Thompson, Turner of Floyd, Turnipseed, Twiggs, \Valker of Ber-
ritm, vValker of Crawford, Walker of Jasp~r, \Vheeler,
Whittle, Williams, \:Vilson of Bulloch, \Vilson of Camden, \Vilson of Greene, vVingfield, Withrow, Wright, Zachry, Zellars-129.
Mr. Awtry voted nay.
Those not voting are Messrs.-
Anderson of Newton, Bird, Branch, Brinson, Craw-

FRIDAY, AUGUST 26, 1881.

581

ford, Crozier, Crumbley, Day, Edwards, Farnell, Fea.gin, Foster, Glover. Hagen, Harp, Hightower of Early, Hillyer, Jackson of Richmond, Jones of DeKa.lb, Martin of Houston, Mathews, Mays of Richmond, McBride, McClellan, Moore of Hancock, Morrow, Palmonr, Park, Patterson, Peek, Perkins, Price, Rainey, Rankin, Ritchie, Sapp, Singleton, Story, Sumner, Turner of Monroe, Willingham, Wilkinson, Winslow, Y onngblood, Mr. ~peaker-45.

So the requisite constitutional majority having voted in the affirmative, the bill was passed as amended.

Leave of absence was granted to Mr. Mays, of Butts,

On account of sickness.



The Honse then adjourned till 9 a. m., to-morrow.

ATLANTA, GEORGIA,
Friday, August 26, 1881. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. H. H. Tucker, D. D. The roll was called and a quorum found to be present. Mr. Heath, from the Committee on Journals, reported the Journal of yesterday examined and approved. The Journal was then read and approved.
Mr. Bacon, of Chatham, gave notice of a motion to reconsider.
Mr. Bacon, of Chatham, moved to reconsider so much of the Journal as relates to the action of the House upon a bill to appropriate money for a representation of the resources of the State at the Interna tional Cotton Exposition.
On this question, Mr. Mitchell called for the yeas

082

JouRNAL m THE HousE,

and nays. The call was sustained, and on calling theroll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Anderson of Newton, Bacon of Chatham, Basinger,. Branson, Carter, Christie, Clark, Coffin, Crawford, Davis of Lumpkin, DuBignon, Flynt, Hester, Hill, Hillyer, Hutchins, James, Janes, Jemison, Jones of Baker, Jones of DeKalb, Lonnon, Martin of Talbot, McLeod, McLucas, Morrow, Nichols, N orthen, Orr, Patterson, Rainey, Rice, Shockley, Silman, Smith of Oglethorpe, Spearman, Strother, Summerlin, Sweat, Turner of Floyd, Turnipseed, Walker of JaspPr, Wilkinson, Wright, Youngblood, Zachry, Zellars-47.

Those voting in the negative are Messrs.-
Adderton, .Anderson of Cobb, .Arrington, Awtry, Barrow, Bates, Beatty, Bt=mnett, Brewer, Broyles, Bull, Burch, Carithers, Cook,!Daniel, Davis of Habersham, Denton, Dial, DuPrPe of Macon, DuPree of Pike, Dyer, Dykes, Estes, Fordham, Foster, Fuller, Garrard, Gaskins, Goodrich, Gray, Hagen, Hale, Hall, Hammond, Harrell, Heard, Henry, Hightower of Stewart, Jackson of Richmond, Johnson of Johnson,. Johnson of LeP, Julian, Kt:>il, Kennedy, Kimsey, Lamar, Lamb, Lester, Lewis, Little, Maddox, Mathews, McBride, McCants, McClure, Mcintosh, McKinney, Miller,Mitcbell,Milner,Moore of Pierce,Moore of Taliaferro, Pol hill, Post, Quillian, Rawlins, Rt:>nder, Robins, Roney, Sapp, Sellars, Scruggs, Smith of Union,Stanford, Stapleton, Tharpe, Thornpson, Twiggs, Walker of Berrien, Walker of Crawford, Wheeler, Williams, Wilson of Bulloch, Wilson of Greene, Withrow-85.

Those not voting are Me8srs.-
Barnes, Bird, Branch, Brinson, Cameron, Crozier, Crumbley, Day, Edwards, Farnell, Feagin, Glover,

FRIDAY, AUGl'ST 26, 1881.

583

Harp, Heath, J:iightower of Early, Hunt, Jackson of Carroll, Martin of Houston, Mays of Butts, Mays of Richmond, McAllister, McClellan, Middlebrook, Moore of Hancock, Palmour, Park, Peek, Perkins,. Price, Rankin, Reese, Ritchie, Singleton, Spence, Story, Sumner, Turner of Monroe, W hittlP, Willingham, Wilson of Camden, Wingfield, Winslow, Mr. Speaker-43.

So the motion to reconsider did not prevail.
Mr. Reese offered the following resolution, which was read the first time and referred to the Committee on Finance, to-wit:
A resolution in relation to the property of the Georgia State Lottery.
By a two-thirds vote-yeas 95, nays none-the following bill was introduced, read the first time by a
two-thirds vote-yeas 96, nays none-and referred to
the Special Committee on the Judiciary, to-wit: By Mr. Denton-
A bill to prevent the floating of logs or timber through. the Satilla bridge, near John B. Cason's, in Ware county.

Mr. Polhill, chairman of the Special Committee on. the Judiciary, submitted the following report:

Mr. Speaker:
The Special Committee on the Judiciary has had under consideration the following bills, which it recommends do pass, proofs being correct, to-wit:
A bill to repeal the act authorizing the Justices of the Inferior Court to settle and pay the bonds of Bartow county now due and unpaid.
Also, a bill to authorize municipal corporations in this State to provide by ordinance for the forfeiture of appearance bonds, and bind parties over to the Superior Court or commit to bail in certain cases.

JouRNAL oF THE HousE,

Also, a bi.ll to repeal an act to create a Board of Commissioners of Roads and Revenues in Madison county.

Also, the following bill, which it recommends do pass, as amended, proofs being correct, to- wit :
A bill to amend the several acts incorporating the city of Macon, in Bibb county, and to establish a Recorder's Court for said city.

Also, the following bills, which it recommends do

pass, by substitute, proofs being correct, to-wit:

'

A bill to authorize the eity ut Americus to increase

its indebtedness.

Also, a bill to amend section 14 of the general

County Court act, approved October 13, 1879.

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

of Summerville, in the county of Chattooga, approved

March 2, 1874.

Also, the following bill, which it recommends introducer be allow~:>d to withdraw, to-wit:
A bill to p~:>rmit an Plection in Clay county to determine the qtwstion of ''prohibition" or "no prohibition" of spirituous liquors.

Also, the following bills, which it recommends do not pass, to-wit:
A bill to regulate the work of convicts in the county of Bibb.
Also, a bill to grant certain privileges to James T. Morris, a minor in Coweta county.
Respectfully submitted, J . .H. PoLHILL, Chairman.

The following bills were introduced, read the first time and referred to the General Committee on the Judiciary, to wit: By Mr. Youngblood--
A bill to amend section 4612 of the Code of G&orgia.

FRIDAY, AUGUST 26, 1881.

585

By Mr. HammondA bill for tbe better protection of creditors in cases
of voluntary assignments by insolvent debtors. By Mr. Hutchins-
A bill to authorize proceedings in equity in certain cases of insolvency, and for other purposes. By Mr. Mitchell-
A bill to repeal an act to authorize and provide for the organization of chain-gangs for misdemeanor con-victs in this State, approved August 20, 1879.
By a two-thirds vote-yeas 91, nays none-the fol lowing bill was introduced, and by a two-thirds voteyeas 92, nays none-read the first time and referred to the Committee on Corporations, to-wit: By Mr. 'fharpe-
A bill to incorporate the Georgia Southern and Florida Railroad Company.
On motion of Mr. Adderton, House bill No. 1,008 was re-committed to the General Committee on the J' udiciary.
The following bills were introduced, read the first time and referred to the Committee on Finance, towit: By Mr. Jackson, of Richmond-
A bill to appropriate tpree thousand dollars for the purchase of books for the State library, and to prescribe the manner of expending the same, and for other purposes.
Also, a bill to appropriate five hundred and twelve dollars and eighty-two cents for the payment of balance of salary of \V. \V. Holt, formerly Judge of the Middle Circuit of Georgia. By Mr. Hillyer-
A bill to appropriate money to pay Jno. W. Heidt balance of salary due him as Solicitor-General of the Eastern Circuit, in this State, from September 30, 1862, to February 1, 1867.

586

JOURNAL OF THE ROUSE,

By Mr. WrightA bill to amend section 4505 of the Code of Geor-
gia.
By a two-thirds vote-yeas 101, nays none-the following bill was introduced, and by a two-thirds vote -yeas 99. nays none-read the first time and referred to the Committee on Finance, to-wit:
By Mr. DanielA bill to permit W. G. B. C. Smith, of Madison
county, to receive the benefit of an act providing for a limb, or money in lieu thereof, approved September 20, 1879.
The following bill was introduced, read the first time and referred to the Committee on Privileges and Elections, to-wit:
By Mr. GarrardA bill to regulate and fix the time of holding elec-
tions by the General Assembly.
By a two-thirds vote--yeas 96, nays none-the following bill was introduced, and by a two- thirds voteyeas 88, nays none-read the first time and referred to the General Committee on the Judiciary, to-wit: By Mr. DuPree, of Macon-
A bill to authorize Robt. L. Massey, of Macon county, a minor, to s~ttle with his guardian.
By a two thirds vote-yeas 92, nays none-the following bill was introduced, read the first time by a two-thirds vote-yeas 92, nays none-and referred to the Committee on Corporations, to-wit: By Mr. Bacon, of Chatham-
A bill to incorporate the Romerly Marsh Canal and Navigation Company, to grant certain privileges therein named, and for other purposes.
On motion of Mr. Twiggs the following resolution was taken up, read, and concurred in, towit:
A resolution to allow Col. Chas. C. Jones free ac-

FRIDAY, .AUGUST 26, 1881.

587

cess to all records, documents, etc., under control of thf'l State, for the purposes of preparing a history of Georgia.
On motion of Mr. Jones, of Baker, House bill No. 583 was withdrawn.
Mr. Strother, of Lincoln, moved to suspend the rules for the purpose of reading House bill No. 493, unfavorably reported a second time.
The motion did not prevail.
On motion of Mr. Cook, the following resolution was taken up, amended and read and agreed to, towit:
.A resolution to authorize the Commit-sioner of .Agriculture to loan the specimens of minerals and woods.
Mr. Cook mo.ved to immediately transmit the action of the House to the Senate. The motion was withdrawn.
Mr. Barrow, by permission, withdrew House bill No. 32.

Mr. Northen, chairman of the Committee on Educaion, submitted the following report:

Mr. Speaker :
Th~ Committee on Education have had under consideration the following bill, which they recommend do pass, to- wit :
A bill to be entitled an act to establish and regulatebranch Colleges of the University.
.Also,a bill to be entitled an act to authorize the trustees ofthe State University to accept as a branch ofsaid University a college of Agriculture and Mechanic .Arts and Sciences, to be established at Hamilton, in this State, and to authorize said trustees to make appropriations for payment of teachers of said college out of the land scrip fund, provided by the act of Con-

588

JoURNAL OF THE HOURE,

gress of July 2, 18i2, and now administered by said trustees, or out of any other fund that now is, or may hereafter come into their hands to be administered.
Also, the following bills, which they recommend do pass, as mended, to-wit :
.A bill to be entitled an act to aid the State school fund of this State, by appropriating thereto the special taxes collected in the State.
.Also, a bill to be entitled an act to repeal an act to
establish a system of public schools for the city of Cartersville, and to provide for the support and maintenance thert>of, and for other purposes, approved October 1, 1879.
.Also, the following bills, which they recommend do not pass, to-wit:
.A bill to be entitled an act to provide a more thorough and perfect system of common schools for the county of Clinch, and to repeal and supersede all existing laws in relation thereto, so far as applicable to said county, and for other purposes.

Also, a bill to be entitled an act to better d8fine and amend an act to perfect the public school system, and to supersede existing school laws, approved August 23, 1872.

The committee have also had under consideration the

following bill, which they return with the recommend-

ation that the author be allowed to withdraw, to-wit:

.A bill to be entitled an act to authorize each and ev-

ery municipal corporation in the State of Georgia, to

establish and maintain a system of free public schools.

Respectfully submitted,

,

W. J. NoRTHEN, Chairman.

Mr. Estes, chairman of the Committee on Corpo'rations, submitted the following report :
Mr. Speaker : The Committee on Corporations have had under

FRIDAY, Auuu~T 26, 1881.

ot9

consideration the following bill, which they recommend do pass, as amended, to-wit :
A bill to repeal an act to incorporate the town of DeSoto, and to incorporate the same de no1Jo.
Proper proofs as required by law of intention to apply for the passage of said bill were before the committee.
Respectfully submitted, J. B. EsTES, Chairman.

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

Mr. Speaker:
The Senate has passed the following bill of the House:
A bill to amend an act incorporating the town of Quitman, which was passed by a constitutional majority of yeas 25, nays none.
Also, the following House bills with amendments in which tht=>y ask the concurrence of the House of Representatives, to-wit :
A bill to incorporate the National Mercantile Debt Assurance Company, which was passed by a constitutional majority of yeas 23, nays none.
Also, a bill to amend an act incorporating the Skidaway Narrows Canal Company, which was passed by a constitutional majority of yt=>as 28, nays none.
Also, a bill to incorporate the City Bank of Augusta, and for other purposes, which was passed by a constitutional majority of yeas 23, days none.
Also, a bill to amend an act incorporating the town of Elberton, which was passed by a consititutional majority of yeas 31, nays none.
Also, a bill to incorporate the Vernon and Ogeechee Canal Company, which was passed by a constitutional majority of yeas 32, nays none.

.090

JOURNAL OF THE HOUSE,

Also, the following bill of the Senate :
A bill to regulate the practice, and to prescribe the form ofthe pauper oath in carrying cases to the Supreme Court, which was passed by a constitional majority of yeas 28, nays none.
The Senate has passed the following House bill, towit:
A bill to amend the several laws incorporating the city of Milledgevill~>, which was passed by a constitutional majority ofyeas 31, nays none.
The following message was received from his Excellency the Governor, thr01:1gh Mr. Avery, his Secretary:
Mr. Speaker:
The Governor has approved and signed the following acts:
An act to incorporate the Savannah Fire and Marine insurance Company.
An act to provide for the compensation of the Ordinary, Sheriff and Clerk of the Superior Court of Lincoln county.
An act to provide for the payment of a bond of the State of Georgia, for $1,000, dated January 1, 1843, and signed by Chas. J. McDonald, and a bond of said State, for $500, dated July 1, 1852, and signed by Howell Cobb, Governor, to the administrator, de bonis non, of the estate of Noah B. Knapp, lately of the county of Chatham, deceased.
Also, a resolution authorizing the Hon. D. N. Speer, State Treasurer, to SPll sixteen Baldwin county bridge bonds to Daniel B. Sanford, Ordinary of said county.
Also, an act to prescribe the method of granting license to sell spirituous liquors in the county of Effingham, and to increase the fee for the same to $5,000.
Also, an act to change the several acts incorporating the town of Conyers to that of a city corporation, with Mayor and Aldermen.

FRIDAY, .AUGUST 26, 1881.

B91

.Also, an act to repeal the 2d section of an act to repeal an act approved February 27, 1877, so far as the same applies to the county of Dodge, and to abolish the County Court of Dodge county.
.Also, an act to amend section 3648 of the Revised Code of 1873.
.Also, an act to repeal an a,ct entitled an act to fix the place for Sheriffs' sales in the county of Baldwin, approved February 13, 1874.
.Also, a resolution in relation to the articles of agreement between the Commissioners of the States of Georgia and South Carolina in regard to the boundary line between said States.
Also, an act to prohibit the sale or furnishing of intoxicating liquors in the county of Dodge, and providing a punishment for the same.
Also, an act to provide for the compensation of certain Tax Collectors and Receivers of Tax Returns for services performed during the year 1880.
The following House bills, with Senate amendments, were taken up and the Senate amendments concurred in, to-wit:
A bill to incorporate the Rome and Carrollton Railroad Company.
Also, a bill to amend an act to incorporate the Augusta Savings Institution.
Also, a bill to amend section. 4549 of the Revised Code of 1873.
Also, a bill to amend the act incorporating the Skidaway Narrows Canal Company.
Also, a bill to incorporate the Vernon and Ogeechee Canal Company.
Also, a bill to amend an act approved the 19th February, 1866, re incorporating the town of Elberton.
Also, a bill to incorporate the City Bank of Augusta, and for other purposes.

592

JouRNAL OF THE HousE,

The House refused to concur in the Senate amend ments to the following bills, to-wit:
A bill to amend the act incorporating the National Mercantile A:ssurance Company.
Also, a bill to prohibit persons keeping bar-rooms from employing minors therein.

Mr. Hammond, chairman of the General Committeeon the Judiciary, submitted the following report :

Mr. Speaker :
The General Committee on the Judiciary have had under consideration the following bill, which they recommend do pass, to wit :
A bill to require the Judges of the SupPrior Courts to give specially in charge to grand juries the act for the prevention of cruelty to animals.
The committee recommend that the following bill do pass, as amended, to-wit:
A bill to provide for the electrotyping of all Reports of the Supreme Court ot Georgia hereafter published.
The committee recommend that the following bills do pass, by substitute, to-wit~
A bill to r,..,q uire Ordinaries to register the names of persoJls for whom th1y issue marriage license, and for other purposes.
Also, a bill to pre:scribe t.he mode of equity practice in certain cases, and for other purposes.
The committee recommend that the followin7 bill do not pass, to-wit:
A bill to confine in the lunatic asylum persons guilty of murder or manslaughter, and who escape on account of the plea of insanity.
The following bills are returned, with the recommendation that the introducers be allowed to withdraw, to-wit:
A bill to repeal an act providing for the sale of rail-

FRIDAY, AUGUST 26, 1881.

693

road and bank stock, and stocks of other incorporated companies.
Also, a bill to amend an act to exempt from process of garnishment the wages of journeymen mechanics and day laborers, approved February 7, 1876.
Respectfully submitted, W. M. HAMMOND, Chairman.

On motion of Mr. Singleton, the rules were suspended and the following Senate bill read the second time, to-wit:
.A. bill to change the time of holding the Superior Courts of Bulloch county, and for other purposes.
On motion of Mr. Walker, of Berrien, the rule~ were suspended a.nd the following bill read the third time, the report of the coma1ittee was agreed to, the proofs of thfl publication of the notices required hy law we1e exhibited and the bill passed, as amended, by the requisite constitutional majority-yeas 95, nays none -to-wit:
.A. bill to incorporate the Mill Town Branch Railroad Company, and for other pmposes.
On motion of Mr. Barrow, the rull's were suspended and the following bill introducl-'d, read the first time and referred to the Gr>neral Committee on the Judiciary, to- wit : By Mr Barrow-
A bill to amend section 3214 of the ReYised Code of this State, which relates to practice in the Supreme Court.
The following bill was read the third time, th~ report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed by the requisite constitutional majority-yeas 90, Ilays none-to-wit:
.A. bill to amend an act to establish a Board of Commissioners for the county of Columbia, and to define
38

.094

JouRNAL OF THE HousE,

their powers and duties, approved February 27, 1877, so as to allow said Board of Commissioners to elect their own clerk.
The followmg bill was read the third time, the proofs of the publication of the notices required by law were exhibited and the report of the committee agreed to and the bill passed, as amended, by the requisite constitutional majority-yeas 108, nays none -to-wit:
A bill to allow the burning of the woods in the county of Coffee from the lOth day of February until the 15th day of April, in each and every year, 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 91, nays none-to-wit:
A bill to change the time of holding the Superior Courts in the county of Clayton, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, by the requisite constitutional majority-yeas 89, nays none-to-wit:
A bill to repeal so much of an act to prevent any person or pel'sons trom seining for fish in the waters of Suwannoochee and Tom's creeks, in the counties of Clinch and Echols, as relates to Clinch county.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 91, nays none-to-wit:
A bill to prescribe the mode and manner of having the lines aud corners established around certain lots

FRIDAY, AUGUST 26, 1881.

595

of land in Clinch county, where the same have been granted by the State, but no lines or corners were ever run and established by the State.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bi.ll passed by the requisite constitutional majority-yeas 102, nays none-to-wit:
A bill to provide for issuing new bonds of the county of Clarke, to take up outstanding indebtedness of the county.

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
'l'he Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, and President of the Senate, and delivered to his Exelency the Governor, the following acts, to-wit:
An act to refund to the purchasers, or those holding under them, money received by the State of Georgia for lot of land No. 124, in the 5th district of the 3d section, of originally CherokeE>, now Bartow county, sold at judicial sale as a fraudulent draw.
Also, an act to prohibit th~ sale of alcoholic spirituous, or malt liquors, or intoxicating bitters, in the county ot Houston, and for other purposes therein named.
Also, an act to amend section 1455 of the Code of Georgia of 1873, which provides for submitting to the lawful voters of any county in this State, upon the pe tition of fifty freeholders of such county, the question of fence or no fence.
Respectfully submitted, J. L. SwEA'l', Chairman.

The following bill was read the third time, the re-

o96

JouRNAL 011' THK HousE,

port of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 101, nays none-to-wit:
A bill to incorporate the Athens Mutual Insurance Company.
Leave of absence was granted to Messrs. Hunt, J ulian, Lest~.>r and Crozier, on account of sickness ; to Messrs. Heath, Mathews, Walker of Berrien, and Burch, on account of sickness in their families; to Messrs. Foster, Jackson of Carroll, Walker of Jasper7 and Davis of Habersham, on business.
The House then adjourned till 4 o'clock p. m.

4 O'CLOCK P.M. The House re-assembled, the Speaker in the chair. The following resolutions were read the second time, to-wit: A resolution to pay to the heirs of Hun. ..t\.ndrew J. Hansell and of Ron ..John Wilcox, their per diem for the balance of this session of the General Assembly.
Also, a resolution authorizing W. H. Harrison to publish the public acts of this General Assembly.
Also, a resolution requiring the TreasmJr ot' the State to keep separate and distinct all moneys arising from the sale of any property belonging to the State.
The following bills were read the second time. towit:
A bill to repeal an act to authorize the Justices of the Inferior Court of Bartow county to settle or compromise the bonds of said county that are now due and unpaid, and to issue new bonds for the same, approved FPbruary 23, 1866.
Also, a bill to add to the school fund of the State, and for other purposes.
Also, a bill to authorize the city of Americus to increase its indebtedness.

FRIDAY, AUGUST 26, 1881.

597

Also, a bill to regulate practice in the Supreme '()ourt of Georgia.
Also, a bill to amend the act of February 27, 1877, and October 13, 1879, in reference to the road laws of Fulton county, so as to change the provision in said act that the chain-gang shall work within certain limits in Atlanta, from "one mile" to "one-half mile."
Also, a bill to provide for the electrotyping of all Reports of the Supreme Court of Georgia hereafter published.
Also, a bill to prohibit the sale of intoxicating liquors in the county of Glynn.
Also, a bill to amend an act to create a Board of 'Commissioners for the county of Greene, approved February 19, 1876.
Also, a bill to supersede an act to incorporate the -town of Buchanan, in the county of Haralson, to appoint Commissioners, etc., approved December 22, 1857, and to prov,ide for a Mayor and Counctl for said town, provide for taxation, etc., and extend the corporate limits of said town.
Also, a bill to amend section 1407 of the Code of 1873.
Also, a bill to amend section 1711 of the Code of 1873.
Also, a bill to regulate the paying of the teachers -of the public schools of this State.
Also, a bill to amend the several acts incorporating the town of Dahlonega.
Also, a bill to incorporate the Dahlonega Savings Bank.
Also, a bill to incorporate the Tennille and Wrightville Railroad Company.
.Also, a bill to change the time of holding the Superior Courts of Macon county.
Also, a bill to change the time of holding the Superior Courts in the county of Marion.
Also, a bill to prohibit Ordinaries, Clerks of the

598

JouRNAL oF THE RousE,

Court of Ordinary, Clerks of the Superior Court and Judges of County Courts from pradicing law or drawing or dictating pleadings in their own court or courts ofwhich they are clerks.
Also, a bill to incorporate the Broad River Railroad.
Also, a bill to incorporate the Augusta Canal and Savannah River Steamboat Company.
.Also, a bill to amend an act to regulate the time for which the Mayor of the city,of .Augusta, shall hold office, approved February 23, 1876.
Also, a bill to amend an act to incorporate the Citizens' Bank of .Augusta, approved December 7, 1880.
.Also, a bill to prevent abusive practices iu summoning tales jurors for the trial of felonies.
.Also, a bill to prohibit the manufacture or sale of spirituous or malt liquors within the limits of the county of Talbot, and to prescribe a penalty for a violation of the same.
.Also, a bill to incorporate the town of MacVille, in the counties of Telfair and Montgomery.
.Also, a bill to amend section 2533 of the Code of 1873 .
.Also, a bill to provide methods of service and to determine the venue in suits against telegraph companies.
Also, a bill to change the time of holdfng the Superior Court in the county of Troup.
Also, a bill to prohibit the sale of intoxicating liquors within two miles of the Baptist and Methodist churches of Long Cane, Troup county, and provide a penalty.
.Also, a bill to amend the charter of the town of Decatur.
.Also, a bill to prescribe the mode of equity practice in certain cases, and for other purposes.

SATURDAY, AUGUST 27, 1881.

fi99

Leave of absence was grantPd to Messrs. Wright and Tharpe, on account of sickness, and to Messrs. Hill and Dyer, on business.
The Honse then adjourned till 9. a. m., to-morrow.

ATLANTA, GEORGIA,
Saturday, August 27, 1881.
The Honse met pursuant to adiournment, was called to ordPr by the Speaker and opened with prayer by the Chaplain.
The roll was called and a quorum found to be present.
Mr. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
Mr. Jones, of Baker, offered a resolution that, when the House adjourns to-day, it adjourn at 12 o'clock, tomeet again at 10 o'clock Monday.
Mr. Cook moved to amend the resolution by inserting 12:30 instead of 12.
The amendment was not adopted. Mr. Wheeler moved to indefinitely postpone the resolution. The motion did not prevail. The resolution was agreed to.
The House went into th,e Committee of the Whole House.
Mr. McBride, chairman of the Committee of the Whole House, made the following report :
Mr. Speaker :
The Committee of the Whole House have had under consideration-
A resolution to pay the heirs of Hon. Andrew J.

600

JuUNNA.L OF THE Horrtm,

Hansel1, and of Hon. John Wilcox, per diem for this session.
Which they have instructed me to report back, with the recommendation that it do pass.
The report of the committee was agreed to and the resolution read the third time; on the qut-stion of the adoption of the resolution, the yeas and nays were required to be recorded, and on calling the roll the vote was as follows, to-wit:
Those voting in the affirmative are Messrs.-
.Adderton, Anderson uf Cobb, Arrington, A wtry, Barrow, Basinger, Bates, Beatty, Bt>nnett, Bird, Branson, Broyles, Bull, Cdmeron, Carithers, Coffin, Cook, Crawford, Daniel, Davis of Lumpkin, Denton, Dial, DnBignon, DuPree of Macon, DuPree of Pike, Dykes, Estes, Flynt, Fordham, Fuller, Garrard, Gaskins, Goodrich, Hagen, Hale, Hall, Hammond, Harrell, Heard, Henry, Het"ter, Hightower of Stewart, Hutchins, Jackson of Richmond, James, Janes, Jemison, Johnson of' Johnson, Johnson of Lee, Jones of :Saker, Jones of DeKalb, Keil, Kennedy, Kimst>y, Lamar, Lamb, Lonnon, Lewis, Little, Maddox, Martin of Talbot, McBride, McCants, McClure, McKinnt-y, McLeod, McLucas, Middlebrook, Miller, Mitchdl, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, Northen, Orr, Polhill, Post. Rainey, Rawlins, Reese, Render, Rice, Robins, Sapp, Scruggs, Singleton, Silman, Smith of Union, Spence, Spearman, Stanford, Stapleton, Summerlin, Sweat, Thompson, Turner of Floyd, Turnips'"'ed, Twiggs, Walker of Crawford, Wheeler, Whittlfl, Williams, Wilkinson, Wilson of Bulloch, Wilson of Camden, 'Vithrow, Youngblood, Zellars-111.
Those not voting are Messrs.-
.Anderson of Newton, Bacon of Chatham, Barnes, Branch, Brewer, Brinson, Burch, Carter, Christie,

SATURDAY, AUGUST 27, 1881.

601

Clark, Crozier, Crumbley, Davis of Habersham, Day, Dyer, Edwards, Farnell, Feagin, Foster, Glover, Gray, Harp, Heath, Hightower of Early, Hill, Hill yer, Hunt, Jackson of Carroll, Julian, Lester, Martin of Houston, Mathews, Mays of Butts, Mays of Rich mond, McAllister, McClellan, Mcintosh, Palmour, Park, Patterson, Peek, Perkins, PricP, Quillian, Ran kin, Ritchie, Roney, Sellar~S, Shockley, Smith of Oglethorpe, Story, Strother, Sumner, Tharpe, Turner of Monroe, Walker of B~rrien, Walker of Jasper, Willingham, Wilson of Greene, 'Vingfield, Winslow, Wright, Zachry, Mr. Speaker-64.
So the requisite constitutional majority having voted in the affirmative, the resolution was agreed to.

Mr. Milner vffered a resolution, to-wit: A resolution providing for two sE>ssions daily, commencing with Monday next. Various amendments were offered.
Mr. Hightower, of Stewart, moved to lay the resolution and the amendments on the table. On this Mr. Milner called for the yeas and nays. The call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Bull, Goodrich, Hall, Hammond, Henry, Hightower of Stewart, James, Johnson of Lee, Jones of Baker, Jones of DeKalb, McLeod, McLucas, Middlebrook, Miller, Reese, Singleton, Spence, SummerHn, Whittle-20.

Those voting in the negative are Messrs.- -
Anders1n of Cobb, Arrington, Awtry, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branson, Brewer, Broyles, Cameron, Carter, Carithers, Coffin, Cook, Crawford, Daniel, Davis of Lumpkin, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dykes,

602

JouRNAL oF THE HousE,

Estes, Flynt, Fordham, Fuller, Gaskins, Hagen, Hale,. Harrell, Heard, Hester, Jackson of Richmond, Janes, Jemison, Johnson of Johnson, Keil, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lewis, Little, Maddox, Martin of Houston, Martin of Talbot, Mays of Richmond, McBride, McCants, McClure, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, Northen, Orr, Patterson, Polhill, Post, Rainey, Rawlins, Render, Rice, Robins, Sapp, Sellars, Scruggs, Silman, Smith of Union, Spearman, Stanford, Stapleton, Strother, Sweat, Thompson, Turner of Floyd, Turnipseed, Twiggs, Walker of Crawford, Whe.-ler, vVilliams, Wilkinson, vVilson of Bulloch. Wilson of Camden, Withrow, Youngblood, Zellars-95.
Those not voting are .Messrs.-
Anaerson of Newton, Bacon of Chatham, Barnes, Branch, Brinson, Burch, Christie, Clark, Crozier, Crumbley, Davis of Habersham, Day, Dyer, Edwards, Farnell, Feagin, Foster, Garrard, Glover, Gray, Harp, Heath, Hightower of Early, Hill, Hillyer, Hunt, Hutchins, Jackson of Carroll, J nlian, Lester, Mathews, Mays of Butts, McAllister, McClellan, Mcintosh, McKinney, Palmour, Park. Peek, Perkins, Price, Quillian, Rankin, Ritchie, Roney, Shockley, Smith of Oglethorpe. Story, Sumner, Tharpe, Turner of Monroe, Walker of Berrien, Walker of .Tasper, Willingham, Wilson of Greene, Wingfield, Winslow, Wright, Zachry, Mr. Speaker-60.
So the motion to lay on the table did not prevail.
The resolution, as perfected by amendment, providing for two sessions per day, from 9 a.m. to 1 p.m., and from 4 to 6 p. m., and discontinuing the night sessions, except for such special orders as may be assigned for that time, was agreed to.
The House went into the Committe of the 'Vhole House.

SATURDAY, AUGUST 27, 1881.

60S

Mr. Maddox, chairman of the Committee of the Whole House, made the following report:

Mr. Speaker:
The Committee of the Whole House have bad under consideration-
A resolution to authorize W. H. Harrison, of the county of Stewart, to publish the public acts of this General Assembly, and to authorize the Governor topurchase a certain number of copies.
Which they have instructed me to report back, with the recommendation that it do pass, as amended.

The report of the committee was agreed to and theresolution read the third time. On the question of agreeing to the resolution, the yeas and nays were required to be recorded, and on calling the roll the vote was as follows, to- wit :

Those voting in the affirmative are Messrs.-
Adderton, .Anderson of Cobb, Arrington, Awtry, Barrow, Basinger, Bates, Bennett, Bird, Bull, Cameron, Carter, Carithers, Coffin, Cook, Crawford, Daniel, Davis of Lumpkin, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dykes, Estes, Flynt, Fordham, Fuller, Garrard, Gaskins, Goodrich, Hagen, Hale, Hall, Hammond, Harrell, Heard, Henry, Hester, Hightower of Stewart, Hillyer, Hutchins, Jackson of" Richmond, James, Janes, Jemis:m, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Keil, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lewis, Little, Maddox, Martin of Houston, Martin of Talbot, Mays of Richmond, McCants, McClure, McIntosh, McKinney, McLucas, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, Northen, Orr, Patterson, Polhill, Post, Rainey, Rawlins, Reese, Render, Rice, Robins, Sapp, Sellars, Scruggs, Singleton, Silman~

604

JOURNAL 0~ THE HOUSE,

Smith of Union, Spence, Spearman, Stanford, Stapleton, Summt>rlin, Sweat, Thompson, Tnrner of Floyd, Walker of Crawford, Wheeler, Whittle, Williams, Wilkinson, Wilson of Bulloch, Wilson of Camden, Withrow, Youngblood, Zachry-111.
Mr. Zellars voted nay.
Those not voting are Messrs.-
And(>rson of Newton, Bacon of Chatham, Barnes, Beatty, Branch, Branson, Brewer, Brinson, Broyles, Burch, Christie, Clark, Crozier, Crumbley, Davis of Habersham, Day, Dyer, Edwards, Farnell, Feagin, Fostt>r, Glov...r, Gray, Harp, Heath, Hightower of Early, Hill, Hunt, Jackson of Carroll, Julian, Lester, Mathews, Mays of Butts, McAllister, McBride, McClellan, l\1(' Leod, Middlebrook, Palmour, Park, Peek, Perkins, Price, Quillian, Rankin, Ritchie, Roney, Shocklt->y, Smith of Oglethorpe, Story, Strother, Sumner, 'l'harpt>, Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, \Valker of Jasper, Willingham, "\Vilsnn of Greene, Wingfield, Winslow, Wright, Mr. Speaker-63.
So the r...q uisite constitutional majority having voted in the affirmative, the resolution was agreed to.
The following resolution was read the third time, the rep(rt of the committee was agreed to, and the resolution agr(>t->d to by the requisite constitutional majority-yt-as89, nays none-to-wit:
A resolution requiring the State Treasurer to keep all funds, arbing from the sale of any property of the State, separate from all other funds, and to pay out such fnnrls only for the payment of the bonded debt of the State.
Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report:
Hr. Speaker :
The Committee on Enrollment report as duly en-

SATURDAY, .AUGUST 27, 1881.

605

rolled and ready for the signature of the Speaker of the House of Representatives, the following act, towit:
An act to authorize the Governor to draw his war.:. rant on the treasury for the payment to Henry P. Hammett of excess of $26.87, received on the sale of his wild land.
Also, an act to incorporate the Merchants' and Planters' Steamboat Company.
Also, an act to authorize the Board of County Commissioners for the county of Mitchell, to levy a tax to meet the current expenses of said coumy for the years 1881 and 1882.
Also, an act fixing the license fee for the sale of spir . ituous, intoxicating and malt liquors, in the county of Clinch, at fifteen hundred dollars, and for other purposes.
Also, an act incorporating the Cleveland and Lula Railroad Company.
Also, an act to amend section 1950 of the Code of 1873.
Also, an act to prohibit the sale of spirituous liq uors in the town of Stockton, Clinch county.
Also, an act to amencl an act entitled an act to incorporate the town of Wef:lt End, in the county of Fulton, and for other purposes.
Also, an act to alter and amend section 4549 of the Code of 1873, and for other purpose~.
Also, an act to incorpo1ate the City Bank of Augusta~ and for other purposes.
Also, an act to incorporate the Vernon and Ogeechee Canal Company.
Also, an act to incorporate the Rome and Carrollton Railroad Company.
Also, an act to amend an act to incorporate the Augusta Savings Institution, approved February 16, 1875.

600

JouRNAL OF THE HousE,

Also, an act to amend the several laws incorporating the city of Milledgeville.
Also, an act to incorporate the Skidaway Narrows Canal Company, and to grant certain privileges therein named.
Also, an act to amend an act entitled an act to incorporate the town of Quitman, in Brooks county,etc., approved December 19, 1859.
Also, an act to alter and amend an act approved the 19th day of February, 1866, re-incorporating the town of Elberton, and for other purposes.
Also, an act to make it a misdemeanor for any person to set fire to the woods of another in the county of Clinch, wherever the same is protected by natural or artificial boundaries, and the owner does not desire the same burned, to provide a punishment therefor, and for other purposes.
Respectfully ~ubmitted, J. L. SwEAT, Chairman.

Mr. Stanford, chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker :
The Committee on Temperance have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to prescribe the mode of granting license to sell intoxicating liquors in the county of Telfair, and for other purposes.
Also, a bill preventing the sale or furnishing of intoxicating liquors within three miles of Davisboro Baptist church, located near Davisboro, Ga., and for other purposes.
Proofs correct as to each of the foregoing bills.
The committee recommend that the following bill do pass, by substitute, to-wit:
A bill to prohibit the sale of spirituous liquors, ex-

SATURDAY, AUGUST 27, 1881.

607

-cept for medicinal or mechanical purposes, in the -county of Macon.
Proofs correct. Re8pectfully submitted,
L. L. STANFORD, Chairman.

The following mes8age was received from the Senate through Mr. Harris, the Secretary thereof:

Mr. Speaker; :
The Senate has passed the following bills of the House, to-wit:
A bill to transfer the county of Bulloch from the Eastern to the Middle Judicial Circuit, which was passed by a constitutional majority-yeas 28, nays none.
Also, a bill to appropriate money to the Georgia Academy for the Blind, which was passed by a constitutional majority-yeas 36, nays none.
Also, a bill to provide for the payment of certain money, due by the State, to the estate of John CaldVjBll, deceased, which was passed by a constitutional majority of' yeas 31, nays 2.

The following message was received from his Excellency, the Governor, through Mr. Avery, his Secrtary:

Mr. Speaker:

The Governor has approved and signed the following acts:
An act to prohibit the sale of alcoholic, spirituous or malt liquors or intoxicating bittt>rs, in the ccunty of Houston, and for other purposes therein named.
An act to refund to the purchasers, or those holding under them, money received by the State of Georgia for lot of land No. 124 in the 5th district of the 3d section of originally Cherokee, now Bartow county, sold at Judicial sale as a fraudulent draw.

608

JouRNAL OF THE HousE,

An act to amend section 1455 of the Codt> of 1873~ which provides for submitting to the lawful voters of any county in this State, upon the petition of fifty free-holders or such county,the question of fence or no fence, by authorizing elections to be held under said section at such time as the Ordinary shall appoint, and by stl'iking out the proviso of said section, and for other purposes.

The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, by the requisite constitutional majority-yeas 100, nays none-to-wit:
A bill to repeal an act to authorize the Justice of the Inferior Court of Bartow county to settle or compromise the bonds of said county that are now due and unpaid, and to issue new bonds for the same, approved February 23, 1866, and for other purposes.

The following bill was laid on the table, to-wit:

A bill to add to the school fund of the State, and for

other purposes.



The following bill was read the third time, the report

of the committee was agreed to, the proofs of the pub-

lication of tlw notices required by law were exhibited

and the bill pass.. d, 1 y substitutP, hy the requisite con-

stitntion:ll m:1jority-Yeas 93, nays none-to-wit:

A bill to authorize the city of Americus to increase its indebtedness.

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 91, nays none-to-wit:
A bill to regulate practice in the Supreme Court of Georgia.

The following bill was read the third time, the report of the committee was agreed to, the proofs of the

SATURDAY, .AUGUST 27, 1881.

609

publication of the notices required by law were exhibited, and the bill passed, by substitute, by the requisite constitutional majority-yeas 91, nays none-towit:
.A bill to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Chattooga, to define its powers and duties, and for other purposes, approved March 4, 1875, by providing compensation for said board and confer additional powers.
On motion of Mr. Jemison, House bill No. 574 was re-committed to the Special Committee on the Judiciary.
On motion of Mr. N orthen, the following bill was taken from the table and re-committed to the Committee on Finance, to-wit:
.A bill to add to the school fund of the State, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, by substitute, by the requisite constitutional majority-yeas 93, nays none-towit:
.A bill to amenrl the charter of tl1e Savnnnah, Florida and W estt>rn Rail way COlll}Jauy, and fur other purposes.
The following bill was read the tbird time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was agreed to, and the bill passed. as amPnded, by the requisite constitutional majority-yeas 89, nays none -to-wit:
.A bill to alter and amend the corporate limits of the town of Bowden, in Carroll county, and for other purposes.
On motion,of Mr. Estes, by unanimous consent, a 39

610

JouRNAL oF THE HousE,

title was pi'oposAd as an amendment, and adopted, for said bill, it having been omitted by mistake.

Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report :

Mr. Speaker:
The General Committee on the Judiciary have had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to amend the election laws as regards the managers of elections in this State.
Also, a bill to amend the 26th section of the judiciary ace, passed December 16, 1799, and included in section 3580 of the Code of 1873.
Also, Senate bill to provide for the speedy foreclosure of mortgages on realty, m cases.
The committee recommend that the following bills do pass, by substitute, to-wit:
A bill to amend section 2040 of the Code of Georgia.
Also, a bill to authorize the Town Council of Reynolds, in Taylor county, to issue and sell bonds to build a school house in said town.
The committee recommend that the following bill do pass, by substitute, to-wit:
A bill to prevent the purchase, or sale, or receipt, or delivery, of seed cotton after sunset and before sunrise.
The following bills are returned, with the recommendation that the introducers be allowed to withdraw, to-wit:
A bill to authorize the Clerk of the t;uperior Court of Richmond county to require a deposit for payment of costs.
Also, a bill to allow Justices of the Peace and Notaries Public to continue their courts, in certain cases.

SATURDAY, AUGU~T 27, 1881.

611

Also, a bill to amend sections 4538 and 4540 of Revised Code, and to increase the penalty for the offenses therein set forth.
The following bill is returned, with the rt>commendation that the same be referred to the Committee on Finance, to-wit:
A bill to regulate the sale of pistols in this State. Respectfully submitted,
W. M. HAMMOND, Chairman.

Mr. Northen, chairman of the Committee on Educaion, submitted the following report:

Mr. Speaker:
'fhfl Committee on Education have had under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to authorize the Mayor and Council of the city of An!ericus to collect all municipal taxes on all liquors and appropriate the same to support of the public school in said city.
Respectfully submitted, W. J. NoRTHEN, Chairman.

Mr. Polhill, chairman of the Special Committee on the Judiciary, submitted the following report :

Mr. Speaker :
The Special CommittAe on the Judiciary has had under consideration the following bill, which it recommends be read second time and referred to Committee on the Whole House, to-wit:
A bill to amend the Constitution of 1877 by striking out paragraphs 15 and 16, of article 3, section 7.
Also, the following bills, which it recommends be consolidated and passed, by substitute, to-wit:
A bill to provide for the registration of voters in Eastman, Dodge county.

612

JouRNAL oF THE HousE,

Also, a bill to prescribe who are entitled to vote for

Mayor and Aldermen of the town of Eastman, Dodge

county.

Also, a bill to prescribe the time of holding an elec-

tion for Mayor and Aldermen of the town of Eastman~

Dodge county.

Also, the following bills, which it recommends do

not pass, to-wit : A bill to legalize bonds given by court officers aft~:>r

the prescribed time.

Also, a bill to prohibit the issuing and circulating

due bills, with the words thereon, due the bearer--

dollars, or cents, in merchandise, and for other pur-

poses.

Also, a bill to incorporate the town of Millen. (No-

proofs from Burke.)

Also, a bill to prevent the floating of logs or timber-

through the Satilla bridge, near John B. Cason's, in

Ware county.



Respectfully submitted, .T. H. PoLHILL, Chairman.

On motion of Mr. Mitchell, House bill No. 493 was taken from the table.
The following bill was read the third timt>. the report of the committee was amended and agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, asamended, by the requisite constitutional majorityyeas 89, nays none-to-wit:
A bill to regulate the sale of spirituous, vinous and malt liquors, in the county of Gwinnett.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed by the requisite consti tutional majority-yeas 89, nays none-to-wit:
A bill to amend an act to incorporate tha town of

SATURDAY, AUGUST 27, 1881.

613

Palmetto, of Campbell county, and to appoint commissioners for the same and other purposes therein mentioned, approved FPbrnary 18, 1854, by changing the corporate name of said town from a Board of Commissioners to a Mayor and Council and by providing for the election of said Mayor and Council, and by conferring certain specific corporate powers on them, and for other purposes herein mentioned.

The following bill was read the third time, the report of the committee was agreed to, to-wit:
A bill to prevent the purchase or sale or receipt or delivery of seed cotton after sunset and before sunrise.

On the question of the passage of the bill, by the substitute, Mr. Miller called for the yeas and nays ; the call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Arrington, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branson, Brewer, Bull, Cameron, Carter, Carithers, Coffin, Cook, Davis of Lumpkin, DPnton, Dial, DuPree of Macon, DuPree of Pike, Flynt, Fordham, Fuller, Garrard, Hale, Harrell, Heard, Hester, Hightower of Stewart, Hillyer, Hutchins, Jackson of Richmond, James, Jemison, Johnson of Johnson, Jones of Baker, Jones of DeKalb, Keil, K~nnedy, Lamar, Lamb, Little, Martin of Houston, Martin of 'falbot, McCants, McKinney, McLeod, McLucas, Miller, Mitchell, Milner, Moore of Hancock, Moore of Taliaferro, Morrow, Nichols, N orthen, Orr, Patterson, Polhill, Post, Rainey, Reese, Render, Rice, Robins, Sapp, Scruggs, Singleton, Silman, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Thompson, Turner of Floyd, Twiggs, \Vhittle, Williams, Wilkinson, Wilson of Bulloch, Withrow, Y uungblood-86.

614

JOURNAL OF THE HoUSE,

Those voting in the negative are Messrs.-
.Awtry, Daniel, Estes, Gaskins, Hagen, Hall, Hammond, Henry, Janes, Johnson of Lee, Kimsey, Lonnon, Lewis, Maddox, Mays of Richmond, McBrider McClure, Mcintosh, Moore ofPierce, Rawlins, Sel1ars, Smith of Union, Sweat, Walker of Crawford, Wheeler, Wilson of Camden, Zellars-27.

Those not voting are Messrs.-
Anderson of Newton, Bacon of Chatham, Barnesr Branch, Brinson, Broyles, Bnrch, Christie, Clark, Crawford, Crozier, Crumbley, Davis of Habersham, Day, DuBignon, Dyer, Dykes, Edwards, Farnell, Feagin, Foster, Glover, Goodrich, Gray, Harp, Heath,. Hightower of Early, Hill, Hunt, Jackson of Carroll, Julian, Lester, Mathews, Mays of Butts, McAllister, McClellan, Middlebrook, Palmour, Park, Peek, Perkins, Price, Quillian, Rankin, Ritchie, Roney, Shockley, Smith of Ogletl10rpe, Story, Sumner, Tharpe, Turner of Monroe, Turnipseed, Walker of Berrien, Walker of Jasper, Willingham, Wilson of Greene, Wingfield, Winslow, Wright, Zachry, Mr. ~peaker62.

So the requisite constitutional majority not having voted in the affirmative, the bill was lost.

Mej';srs. Hutchins and Reese asked and were allowed time for personal explanations in regard to certain newspaper criticisms.
Leave of absence was granted to Messrs. Christier. Dykes and Willingham, on account of sickness; to Messrs. Wilson of Greene, and Moore of Taliferro, on account of business.
The House then adjourned tilllO a. m., Monday_

MONDAY, AUGUST 29, 1881.

615

ATLANTA, GEOHGIA,
Monday, August 29, 1881.
The House met pursuant to adjot1rnment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and a quorum found to be present.
Mr. Barrell, from th~ CommittPP "n Journals. re ported the Journal of Saturday examined and approved.
The J onrnal was then read and approved.

Mr. Hightower, of Stewart, gave notice of a motion to reconsider.
Mr. Hightower, of Stewart, moved to reconsider so much of the J onrnal as relates to the action of the House, upon a bill to prevent the sale or delivery orreceipt of Reed cotton between sunset and sunrise.
The motion to reconsider prevailed.
On motion of Mr. Middlebrook, the bill was then made the special order for Wednesd?y next, immediately after the reading of the Journal.
Mr. Awtry, by permission of the House, withdrew House bill No. 810.
By a two thirds vote-yeas 88, nays none-the following resolution was introduced, read the first time and referred to the Committee on Internal Improvements, to-wit: By Mr. Hester~
A resolution in reference to the survey and drainage of certain creeks and lands in the counties of Dougherty, Baker, Calhoun and 'l'errell.
The following bill was introduced, read the first time and referred to the Committee on Corporations, to-wit: By Mr. Garrard-
A bill for the incorporation of companies formed

~16

JouRNAL OF THE HousE,

within this State, to navigate the ocean, seas and rivers by steam vessels, to define the powers and liabilities of the same, and for other purposes.
By a two-thirds vote--yeas 91, nays none-the following bill was introduced, and by a two-thirds voteyeas 89, nays none-read the first time and referred to the Spt:>cial Committee on the Judiciary: By Mr. Wingfield-
.A bill to require the owners of horses, mules, cows, sheep, goats, hogs and stock of every description, to keep the same from running at large upon the lands of another in Putnam county, to define the liabilities of said owners and the rights of persons damaged by said stock so running at large.
The following bill was introduced, read the first time and referred to the General Committee on the J udiciary, to-wit: By Mr. Hightower, of Stewart-
A bill to repeal an act to amend section 3623 of the Code of 1873, by addin~ after the words "in any suit at law," in the second line thereof, the words "or proceeding in the Court of Ordillary," approved September 24, 187!), and provide for all appeals pending in the several courts of this State, under said act, and for other purposes therein mentioned.

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report :
Mr. Speaker :
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives and President of the Senate, and delivered to his Excellency the Governor, the following acts, towit:
.An act to incorporate the Cleveland and Lula Railroad Company, and to grant certain privileges, and for other purposes.

MoNDAY, AuGusT 29, 1881.

617

AlEo, an act to incorporate the Skidaway Narrows Canal Company, and to grant certain privileges named therein.
Also, an act to incorporate the Vernon and Ogeechee Canal Company, and to grant certain privileges named therein.
Also, an act to amend an act entitled an act to incorporate the Augusta Savings Institution, approved February 16, 1875.
Also, an act to amend section 1950 of the Code of 1873.
Also, an act to alter and amend section 4549 of the Code of 1873.
Also, an act to incorporate the City Bank of Augusta, and for other purposes.
Also, an act to incorporate the Merchants and Planters Steamboat Company, and for other purposes.
Also, an act to incorporate the Rome and Carrollton Railroad Company.
Also, an act to amenil an act Pntitled an act to incorporate the town of \Vest End, in the county of Fulton, approved October 10, 1868, amended and approved February 23, 1873.
Also, an act to authorize the Governor to draw his warrant on the treasury for the payment to Henry P. Hammett of excesses of $26.87, received on the sale of his wild lands.
Also, an act to authorize the Board of County CommiEsioners for the county of Mitchell to levy a tax to meet the current expenses of said county for the years 1881 and 1~82.
Also, an act to amend an act to incorporate the town of Quitman, in Brooks county, approved December 19, 1859.
Also, an act to alter and amend the several laws incorporating the city of Milledgeville, in reference to the election of Marshal and Deputy Marshal thereof.
Also, an act to make it a misdemeanor for any per-

618

JOURNAL 0.1!' THE HoUSE,

son to set fire to the woods of anothHr, in the county of Clinch, where the same is protected by natural or artificial boundariP-s, and the owner does not desire the same burned, to provide a punishment therefor, and for other purposes.
Also, an act to alter and amend an act approved the 19th day of February, 1866, entitled an act to incorporate the town of Elberton, and to give the Town Council of said town certain powers therein specified, and to provide for a Mayor of said town.
Respectfully submitted, J. L. SwEAT, Chairman.

The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the rt:>qnisite constitutional majority-yeas 90, nays none- to-wit:
A bill to increase the license for selling intoxicating liquors, in any quanty, from twenty-fivA to five thousand dollars in the county of Camden.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 94, nays none-to-wit:
A bill to repeal all the laws concerning the registration of voters in Camden county.
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 majorityyeas 93, nays none-to-wit:
A bill to prescribe the mode of equity practice in certain cases, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhib-



MONDAY, AUGUST 29, 1881.

619'

ited, and the bill passed by the requisite constitutional majority-yeas 90, nays none-to-wit:
A bill to amend an act to amend an act to amend the several acts incorporating the city of Macon, approved December 27, 1847, and the several acts amendatory thereto, approved December 11, 1871, to provide for the, election of the Clerk and Treasnrer of said city by the Mayor and Aldermen thereof, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 90, nays none-to-wit:
A bill to authorize the Mayor and Council of the city of Macon to submit to the qualified voters of said city the questiou of purchasing the Holdridge property for a school house for colored children, and whether the debt of said city shall be increased twenty-five hundred dollars therefor.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, by the requisite constitutional majority-yeas 89, nays none-to-wit:
A bill to authorize the Mayor and Council of the city of Macon to submit to the qualified voters of said city the question of making a contract with the Macon Gas Light and Water Company for supplying the city ofMacon with water for five years, with the power of removal for five years, whether the debt of said city shall be increased therefor, 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 by substitute by the requisite constitutional majority-yeas 91, nays none-to-wit:
A bill to amend an act to levy and collect a tax for

-620

JouRNAL OF THE HousE,

the support of the State government, the public institutions to pay interest and maturing principal of the public debt, etc., for the fiscal years 1881 and 1882, approved December 7, 1880, by repealing section 6 of said act as to the Building and Loan Associations, and for other purposes.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was agreed to, and the bill passed, as aru~nded, by the requisite constitutional majority-yeas 93, nays none-to-wit:
A bill to amend the charter of the city of Macon, in the county of Bibb, by enlarging the power and authority of the Mayor and Council thP.reof over the health of said city ; to authorize the Mayor and Council thereof to create a Board of Health for said city and to confer upon such board additional authority in the sanitary regulation of said city, 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 90, nays none-to-wit:
A bill to require the clerks of the Superior and City Courts to make immediate record of CPrtain orginal papers filed in said courts, and to prescribe penalties for failure on the part of said clerks to comply with the requirements thereof, and to provide for the use of certified copies of said record, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, to-wit:
A bill for the relief of Elder James W. Howard and Deacons D. M. Morris and Wesley H. Tice, ot the Second Baptist church of the city of Columbus, to confirm their title to certain lands in block 13 in the survey of the city commons, and to enable them to sell the samP- and re-invest the same in church property, to be held for the use of said church.

MoNDAY, AuGusT 29, 1881.

, 621

Upon the division, no quorum voted, and on a can of the roll of the House the following members failed to answer to their names :

Those absent are Messrs.-
Anderson of Cobb, Bacon of Chatham, Barnes, Branch, Brinson, Broyles, Burch, Carter, Christie, Clark, Cook, Crozier, Crumbley, Davis of Habersham, Day, Dial, DuBignon, DuPree of Pike, Dyer, Dykes, Farnell, Feagin, Flynt, Foster, Glover, Gray, Hagen, Harp, Heath, Hill, Hillyer, Hunt, Jackson of Carroll,Janes, Keil, Kimsey, Lester, Lewis, Mathews, Mays of Butts, McClellan,McKinney,McLeod, McLucas, Miller, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, Palmour, Park, Peek, Perkins, Price, Quillian, Render, Roney, Shockley, Singleton, Smith of Oglethorpe, Story, Summerlin, Sumner, Turner of Monroe,:Walker of Berrien, vValker of Jasp~>r, Whittle, Willingham, Wilson of Bulloch, 'Vilson of Greene, Winslow, Withrow, Wright, Zachry-74.

Those present are Messrs.-
Adderton, Anderson of Newton, Arrington, Awtry, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branson, Brewer, Bull, Cameron. Carithers, Coffin, Crawford, Daniel, Davis of Lumpkin, Denton, DuPree of Macon, Edwards, Estes, Fordham, Fuller, Garrard, Gaskins, Goodrich, Hale, Hall, Hammond, Harrell, Heard, Henry, Hester, Hightower of Early, Hightower of Stewart, Hutchins, Jackson of Richmond, James, Jemison, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Kennedy, Lamar, Lamb, Lonnon, Little, Maddox, Martin of Houston, Martin of Talbot, Mays of Richmond, McAllister, McBride, McCants, McClure, Mcintosh, Middlebrook, Mitchell, Milner, Moore of Hancock, N orthen, Orr, Patterson, Polhill, Post, Rainey, Rankin, Rawlins, Reese, Rice, Ritchie, Robins, Sapp,

622

JouRNAL OF THE RousE,

Sellars, Scruggs, Silman, Smith ofUnion, Spence, Spearman,. Stanford, Stapleton, Strother, Sweat, Tharpe, Thompson, Turner, of Floyd, Turnipseed, Twiggs, Walker of Crawford, Wheeler, Williams, Wilkinson, Wilson of Camden, Wingfield, Youngblood, Zellars, Mr. Speaker-101.
The vote was again taken and the bill passed by the requisite constitutional majority-yeas 96, nays none.
The following bill was read the third time, the proots of the publication of the notices required by law were exhibited, the report of the committee, as amended, was agreed to, and the bill passed, ae amended, by the requisite constitutional majority-yeas 97, nays none-to-wit:
A bill to declare and make plain the bounds and limits of the militia districts ot Chatham county which lie outside the city of Savannah.
On motion of Mr. Barrow, House bill No. 588, to provide for the erection of a new capitol, was made the special order for Thursday next, immediately after the reading of the Journal.

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, to appropriate money to refund to insurance companies doing business iu this State taxes illegally collected from them, which they recommend do pass, to-wit:
No. 82H. To refund taxes paid by the Atlantic Fire Insurance Company_
No 824. To refund taxes paid by the Continental Insurace Company of New York.
No. 825. To refund taxes paid by the American Fire Insurance Company.

MoNDAY, AuGusT 29, 1881.

623

No. 826. To refund taxes paid by the Fire Association of Philadelphia.
No. 872. To refund taxes paid by the Girard Fire Insurance Company.
No. 876. To r~fnnd taxes paid by the Niagara Fire Insurance Company.
No. 905. To refund taxes paid by the Williamsburg City Fire Insurance Company of New York.
No. 907. To refund taxes paid by the Pennsylvania Fire Insurance Company.
No. 908. To refund taxes paid by the German American Insurance Company.
Also, the following bills, which they recommend do pass, as amended, to-wit:
No. 238. To refund taxes paid by the Home Insurance Company of New York.
No. 240. To refund taxes paid-by the Underwriters' Agency of New York.
No. 827. To refund taxes paid by the Franklin Fire Insurance Company.
No. H73. 'fo refund taxes paid by the Insurance Company of North America.
No. 874. To refund taxes paid by the Lorrillard Fire Insurance Company.
No. 875. To refund taxes paid by the Manhattan Fire Insurance Company.
No. 904. To refund taxes paid by the Westchester Fire Insurance Company.
No. 906. To refund taxes paid by the Phamix Fire Insurance Company.
The committee return the following bill, which they recommend the introducer be allowed to withdraw, towit:
A bill to be entitled an act to provide for the payment of certain bonds, with coupons attached, of the .State of Georgia, f.1lling due February 1, 1881.
Respectfully submitted, N. L. .liUTCHINs, Chairman.

624

JOURNAL OF THE HOUSE,

The following bill was read the third time, the report of the committee was amended and agreed to, and the bill passed, by substitute, by the requisite constitutional majority-yeas 89, nays 8-to-wit:
A bill to confer police powers upon conductors of rail way trains in this State carrying passengers, whether the same are regular passenger trains or not, and for the protection of passengers on all railway trains in this State, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the noticPs required by law were exhibited. and the bill passed, as amended, by the requisite constitutional majority-yeas 88, nays none-to-wit :
A bill to amel'ld the act of February 27, 1877, and October 13, 1879, in reference to the road laws of Fulton county, so as to change the provision in said act, that the chain-gang shall not work within certain limits in Atlanta from "one mile" to "one-halt mile."
The following bill was read the third time, tha report of the committee was agrt>ed to, the proofs of the publication of the notices required by law were PXhibited and the hill passed by the requisite constitutional majority-yeas 96, r,ays none-to-wit:
A hill to prohibit the sale of spirituous, vinous or malt liqunrs, Pxeept i<ll' medicinal or mechanical purposes, in Lhe county ul' Glynn.
On motion of .Mr. Davis, of Lumpkin, House bill No 203, to appropriate money to the State University to rebuild the collPge at Dahlonega, was made the special order for Friday next, September 2J, immediately after the reading of the Journal.
By permission, Mr. Hillyer withdrew House bill No. 373.
On motion of Mr. Lewis, House bill No. 612 was laid on the table.
On motion of Mr. Wheeler, House bill No. 606 was re-committed to the Committee on Finance.

MoNDAY, AuGUST 29, 1881.

625

The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited and the report of the committee, as amended, was greed to and the bill passed, as amended, by the requisite constitutional majorityyeas 99, nays none-to-wit:
A bill to supersede an act to incorporate the town of Buchanan, in the county of Haralson, to appoint commissioners for the same, and for other purposes, approved December 22, 1857; to provide for a Mayor and Council ; to levy and collect a special license tax from each firm or dealer in intoxicating liquors in said town ; to levy a tax on all property in said town subject to State tax ; to extend the corporate limits of said town and define the powers of said corporate authorities.
At the request of the committee, Mr. Davis, of Lumpkin, was added to the Committee on Enrollment.
Leave of absence was granted to Mr. Hillyer on account of sickness in his family ; to Messrs. DuPree of Pike, and Nichols on business.
The Honse then adjourned till4 p. m.

4 O'CLOCK, P. M.
The Honse re-assembled, the Speaker in the chair. The roll was called and a qnornm found to be present.
On motion of Mr. Hammond, the rules were suspended and Honse bills favorably reported were taken up for a second reading.
The following Bouse bills were read the second time, to-wit:
A bill to refund to the Home Insurance Company of New York double taxes illegally collected by the State of Georgia.
40

626

JouRNAL oF TnE RousE,

Also, a bill to appropriate money to refund double taxes illegally collected by the State of Georgia from the Underwriters' .Agency of New York.
Also, a bill to provide for the registration of voters before voting at any election in the town of Eastman.
Also, a bill to prescribe who are entitled to vote for Mayor and Aldermen of the town of Eastman.
Also, a bill to prescribe the time of holding an election for Mayor and .Aldermen of the town of Eastman .
.Also, a bill to authorize the city of .Americus to appropriate certain moneys for school purposes.
.Also, a bill to prohibit the sale of intoxicating liquors, in any quantity, within two miles of Prospect church, in the county of DeKalb.
.Also, a bill to prohibit the sale of spirituous, vinous and malt liquors, except for medicinal, mechanical and sacramental purposes, in the county of Walton, and to provide for holding an election at which the question of such prohibition shall be submitted to the qualified voters of said county.
.Also, a bill to amend an act incorporating the town of Tennille.
.Also, a bill to prevent the practice of hunting for deer in the night time by fire-light, and providing penalty therefor.
Also, a bill to repeal an act to incorporate the town of Weston, formerly known by the name of Hard Money, in the county of Webster, approved March 6, 1856, and an act to amend an act incorporating the town of Weston, Webster county, Ga., approved February 16, 1866.
Also, a bill to prohibit the sale of intoxicating liquors at Delhi, in Wilkes county, Georgia, and within a radius of four miles of said village of Delhi.
Also, a bill to opportion among the several counties of this State the whole number of Representatives of which the House of Representatives, under the Con-

MoNDAY, AuGusT 29, 1881.

627

stitution is composed, and to declare the number of Representatives to which each county is entitled under the tenth census of the United States.
Also, a bill to appropriate money for the compensation of VanDyke, Cook and VanDyke and N.J. Hammond, attorneys and solicitors for services rendered the State in the cases and courts therein mentioned.
Also, a bill to regulate the sale of spirituous or intoxicating liquors of any kind in the county of Polk, State of Georgia, and for other purposes, and to prescribe penalties for a violation of this act.
Also, a bill to incorporate the Covington and South River Railroad Company, and for other purposes.
Also, a bill to establish a permanent Board of Education for the town of Lumpkin, in the county of Stewart, and for other purposes.
Also, a bill to provide for the payment of the in solvent criminal costs of the Clerk and Sheriff of Richmond county, and for other purposes.
Also, a bill to prohibit the sale of malt or spirituous liquors within one and one-half miles of Unionville (A. M. E.) church, of Monroe county.
Also, a bill to amend an act to fix the compensation allowed for feeding prisoners confined in Monroe county jail, approved February 27, 1876, so as to allow the Board of Commissioners of Roads and Revenue in their discretion to fix the amount of said com-pensation.
Also, a bill to authorize a wife to waive her right to dower and year's support, and the right of her chil dren to a year's support, in the property of her husband, and for other purposes.
Also, a bill to change so much of the act creating a Board of Commissioners of Lee county, approved February 28, 1876, as relates to the granting of retail license, and to confer the authority to grant retail license upon the Ordinary of said county.

JouRNAL oF TilE HousE,
Also, a bill to incorporate the South-side Street Railroad Comnany.
Also, a resolution authorizing the State Treasurer to pay interest due on certain bonds of this State therein mentioned.
Also, a bill to prohibit the sale of spirituous, vinous or malt liquors, at any point or place within two miles of Mount Carmel church, in the county of Gwinnett, to attach a penalty to a violation of the provision(thereof, and for other purposes.
Also, a bill to regulate the practice of medicine in State of Georgia.
Also, a bill to confer additional powers upon the Board of Commissioners of the town of Hampton, county of Henry.
Also, a bill to establish a new charter for the town of Franklin, Heard county, and for other purposes.
Also, a bill to repeal an act to establish a system of public schools for the city ot Cartersville, and to pruvide for the support and maintenance thereof, approved October 1, 1879.
Also, a bill to increase the tax on liquor in the
county of Bryan. Also, a bill to repeal the local road laws of Bryan
county, which were enacted in 1873, and to substitute therefor the general road law of the State, as contained in the Code of 1873.
Also, a bill to incorporate the Citizens' Savings Bank of Savannah.
Also, a bill to amend the road laws of this State, so
as tv authorize and require county officials, having con-
trol of the public roads in the several counties of this State, to grant an order authorizing any citizen to place a gate across said public roads, upon a proper case made, and for other purposes.
On motion of Mr. vVright, Honse bill No. 978 was
withdrawn. The House then adjourned till9. a. m., to-morrow.

TuESDAY, AuGUST 30, 1881.

629

ATLANTA, GEORGIA,
ruesday, August 30, 1881.
The House met pursuant to adiournment, was called to order by the Speaker and opened with prayer by the Chaplain.
'rhe roll was called and the following members found to be absent :

Those absent are Messrs.-
Bacon of Chatham, Barnes, Branch, Brinson, Burch, Christie, Clark, Dykes, Feagin, Glover, Harp, Heath, Hillyer, Hunt, Janes, Keil, Mays of Butts, McClellan, Moore of Taliaferro, Nichols, Palmour, Price, Quillian, Story, Sumner, Turner of Monroe, Walker of Berrien, Walker of Jasper, Whittle, Willingham, Wilson of Greene-31.

Those present are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branson, Brewer, Broyles, Bull, Ca.meron, Carter, Carithers, Coffin, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Estes, Farnell, Flynt, Fordham, Foster, Fuller, Garrard, Gaskins, Goodrich, Gray, Hagen, Hale, Hall, Hammond, Harrell, Heard, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Jemison, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Martin of Talbot, Mathews, Mays of Richmond, McAllister, McBride, McCants, Me Clure, Mcintosh, McKinney, McLeod, McLucas, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Morrow, Northen, Orr, Park,

630

JouRNAL oF THE HousE,

Patterson, Peek, Perkins, Polhill, Post, Rainey, Ran kin, Rawlins, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sweat, Tharpe, Thompson, Turner of Floyd, Turnipseed, Twiggs, Walker of Crawford, Wheeler, Williams, Wilkinson, Wilson of Bulloch, vVilson of Camden, "Wingfield, Winslow, 'Vithrow, Wright, Youngblood, Zachry, Zellars Mr. Speaker-144.

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

The House went into the Committe of the \Vhole House.

Mr. Render, chairman of the Committee of the Whole House, made the following report :

Mr. Speaker:
The Committee of the Whole House have had under consideration-
A bill to appropriate money to refund double taxes illegally collected by the State of Georgia, from the Home Insurance Company of New York.
Which they have instructed me to report back with the recommendation that it do pass as amended.
The report of the committee was agreed to, and on the q UPstion of the passage of the bill. the yeas and nays were required to be recorded, and on calling the roll tme vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Barrow, Basinger, Bates, Beatty,

TUESDAY, AUGUST 30, 1881.

631

Bennett, Bird, Branson, Broyles, Bull, Cameron, Carter, Carithers, Coffin, Cook, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Estes, Farnell, Flynt, Fordham, Fuller, Garrard, Gaskins, Goodrich, Gray, Hagen, Hale, Hall, Hammond, Harrel1, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Jemison, Johnson of .Lee, Jones of Baker, Julian, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Martin of Talbot, Mathews, Mays of Richmond, McAllister, McCants, McClure, Mcintosh, McKinney, McLeod, McLucas, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Morrow, Northen, Orr, Park. Patterson, Peek, Polhill, Post, Rainey, Rawlins, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe. Smith of Union, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sweat, Thompson, Turner of Floyd, Twiggs, Walker of Crawford, Wheeler, 'VIlliams, Wilkinson, Wilson of Bulloch. Wilson of Camden, Wingfield, Withrow, Wright, Youngblood, Zachry, Zellars-131.
Those not voting are Messrs.Bacon of Chatham, Barnes, Branch, Brewer, Brinson, Burch, Christie, Clark, Crawford, Dykes, Feagin, Ji..,oster, Glover, Harp, Heard, Heath, Hillyer, Hunt, Janes, Johnson of Johnson, Jones of DeKalb, Keil, Mays of Butts, McBride, McClellan, Moore of Taliaferro, Nichols, Palmour, Perkins, Price, Quillian, Rankin, Story, Sumner, Tharpe, Turner of Monroe, Turnipseed, Walker of Berrien, Walker of .Jasper, Whittle, Willingham, Wilson of Greene, Winslow, Mr. Speaker-44. So the requisite constitutional majority having voted in the affirmative, the bill passed, as amended.

632

JoURNAL oF THE HousE,

The House went into the Committee of the Whole House.

Mr. Kimsey, chairman of the Committee of the Whole House, made the following report :

Mr. Speaker :
The Committee of the Whole House have had under consideration-
A bill to appropriate money to refund double taxes illegally collected by the State of Georgia from the Underwriters' Agency ot New York.
Which they have instructed me to report back, with the recommendation that it do pass, as amended.
The report of the committee was agreed to.
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, to-wit:

Those voting in the affirmaUve are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branson, Brewer, Bull, Cameron, Carithers, Coffin, Cook, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Estes, Farnell, Flynt, Fordham, Fuller, Garrard, Gaskins, Goodrich, Gray, Hagen, Hale, Hall, Hammond, Harrell, Heard, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hutchins, Jackson of Carroll, Jackson of Richmond, James, JemisJn, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Martin of Talbot, Mathews, McAllister, McClure, Mcintosh, McKinney, McLeod, McLucas, Miller, Moore of Hancock, Moore of Pierce, Morrow, N orthen, Orr, Park, Patterson,

'fUESDAY, AUGUST 30, 1881.

633

Peek, Perkins, Polhill, Post, Rainey, Rawlins, Render, Ritchie, Robins, Roney, Sapp, Sellars, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spearman, Stanford, Stapleton, Strother, Summerlin, Sweat, Thompson, Turner of Floyd, Twiggs, Walker of Crawford, Wheeler, Williams, Wilkinson, Wilson of Bulloch, wilson of Camden, Wingfield, Withrow, Wright, Youngblood, Zachry, Zellars-126.

Those not voting are Messrs.-
Bacon of Chatham, Barnes,Branch,Brinson, Broyles, Burch, Carter, Christie, Clark, Crawford, Dykes, Feagin, Foster, Glover, Harp, Heath, Hillyer, Hunt, Janes, Keil, Mays of Butts, Mays of Richmond, McBride, McCants, McClellan, Middlebrook, Mitchell, Milner, Moore of Taliaferro, Nichols, Palmour, Price, Quillian, Rankin, Reese, Rice, Spence, Story, Sumner, Tharpe, Turner of Monroe, Turnipseed, Walker of Berrien, Walker of Jasper, Whittle, Willingham, Wilson of Greene, Winslow, Mr. Speaker-49.

So the requisite constitutional majority having voted in the affirmative the bill passed as amended.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, by substitute, by the requisite constitutional majority-yeas 111, nays none-to-wit:
A bill to provide for the registration of voters before voting at any election in the town of Eastman.

By permission of the House, Mr. Rawlins withdrew House bills No. 426 and No. 427.
On motion of Mr. Harrell, the following bill was taken from the table and read the third time, the report of the committee was agreed to and the bill passed

634

JouRNAL oF THE HousE,

as amended by the requisite constitutional majorityyeas 90, nays none-to-wit:
A bill to provide for the keeping of a record in each county of this State of the wild lands lying and being therein, and to regulate the manner of giving in wild lands for taxation in this State.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, as amended, by the requisite constitutional majority-yeas 95, nays none-to-wit:
A bill to authorize the city of Americus to appropriate certain moneys for school purposes.
'Mr. Sweat, 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 transfer the county of Bulloch from the Eastern to the Middle Judicial Circuit.
Also, an act to prohibit the sale of spirituous liquors in the town of Stockton, Clinch county, and for other purposes.
Also, an act for the relief of the estate of John Caldwell, deceased, and for other purposes.
Also, an act fixing the license fee for the sale of spirituous liquors in the county of Clinch at fifteen hundred dollars, and for other purposes.
Respectfully ~ubmitted, J. L. SwEAT, Chairman.
The following bill was read the third time, the report of the committee was agreed to, to-wit:
A bill to amend section 1407 of the Code of 1873, providing how druggists are to obtain license.

!TUESDAY, AUGUST 30, 1881.

635

Mr. DuBignon made the point of order that another bill, exactly similar to this bill, having been considered and lost at this session of the General Assembly, the House could not now consider this, another bill, on the same subject.
The Speaker ruled that the point was not to be decided by the chair, but by the House itself.

On the question of the passage of the bill, Mr. Middlebrook called for the yeas and nays. The call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Anderson of Cobb, Anderson of Newton, Bennett, Brewer, Bull, Cameron, Cuithers, Cook, Daniel, Davis of Habersham, Day, Denton, Estes, Fuller, Gaskins, Gray, Hall, Hammond, Heard, Jackson of Carroll, James, Jones of DeKalb, Julian, Kimsey, Lonnon, Lester, Little, Mathews, McClure, McLucas, Middlebrook, Moore of Pierce, Morrow, Orr, Patterson, Peek, Perkins, Rainey, Rawlins, Ritchie, Scruggs, Silman, Smith of Union, Spence, Spearman, Stanford, Strother, Summerlin, Sweat, Thompson, Wilkinson, Youngblood, Zellars-53.

Those voting in the negative are Messrs.-
Adderton, Awtry, Barrow, Basinger, Bates, Beatty, Bird, Carter, Coffin, Crozier, Davis of Lumpkin, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Farnell, .Flynt, Fordham, Garrard, Goodrich, Hagen, Hale, Harrell, Henry, Hightower of Stewart, Hutchins, Jackson of Richmond, Jemison, Johnson of Johnson, Johnson of Lee, Jones of Baker, Kennedy, Lamar, Lamb, Lewis, Maddox, Martin of Houston, Martin of Talbot, Mays of Richmond, McAllister, McCants, Mcintosh, McKinney, Mitchell, Moore of Hancock, N orthen, Park, Polhill, Post,

636

JouRNAL OF THE HousE,

Render, Rice, Robins, Roney, Sapp, Stapleton, Tharpe, rurner of Floyd, Turnipseed, Twiggs, Walker of Crawford, wheeler, Williams, Wilson of Bulloch, "'Nilson of Camden, "Withrow, Wright, Zachry-69.

Those not voting are Messrs.-
Arrington, Bacon of Chatham, Barnes, Branch, Branson, Brinson, Broyles, Bnrch, Christie, Clark, Crawford, Crumbley, Dykes, Feagin, Foster, Glover. Harp, Heath, Hestt>r, Hightower of Early, Hill, Hillyer, Hunt, Janes, Keil, Mays of Butts, McBride, McClellan, McLeod, Miller, Milner, Moore of Taliaferro, Nichols, Palmonr, Price, Quillian, Rankin, Reese, Sellars, Shockley, Singleton, Smith of Oglethorpe, Story, Sumner, Turner of Monroe, Walker of Berrien, Walker of Jasper, Whittle, Willingham, Wilson of Greene, Wingfield, Winslow, Mr. :::\peaker-53.

So the bill was lost.
On motion of Mr. Adderton, the rules were suspended and the following bill read the second time, to-wit:
A bill to prescribe the mode of granting license to sell intoxicating liqnors in the county of 'felfair, in this State, and also within the corporate limits of the incorporated towns in said county, and to prescribe a fee of five thousand dollars for the same, and for other purposes.
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 91, nays none-to-wit:
A bill to change and amend section 1711 of the Code of 1873, relative to granting divorces.

TuESDAY, AuuuHT 30, 1881.

637

Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report :

Mr. Speaker:
The General Committee on the Judiciary have had under consideration the following bills, which they recommend do not pass, to wit:
A bill to amend section 1991 of the Code of 1873, by striking the third sub- division and substituting another in lieu thereof.
Also, a bill to repeal an act approved September 17, 1879, exempting from jury duty ~ertain persons.
The committee recommend that the following bills do pass, as amended, to wit :
Senate bill to prescribe the fees of Sheriffs of this State, and to provide for the payment of the same.
Also, a bill to amend an act approved October 16, 1879, to prescribe the manner of foreclosing certain chattel mortgases, and to confer jurisdiction on Justices of the Peace therein, and for other purposes.
The committee recommend that the following bills do pass, by substitute, to- wit :
A bill to prescribe the manner of perfecting service of notice upon resident minors under fourteen years of age, in certain cases.
Also, a bill to exempt toll cotton, received for ginning,from sale under execution or lieu against persons having the same ginned.
The committee recommend that the introducer be allowed to withdraw the following bill, to-wit:
A bill to repeal so much of an act to make minors parties to proceedings in the courts of this State, approved February 25, 1876, as requires such proceedings to be served on minors under 14 years of age.
Respectfully submitted, \V. M. HAMMOND, Chairman.

638

JouRNAL oF THE HousE,

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

Mr. Speaker :

The Governor has approved and signed the follow-

ing acts:

.An act to incorporate the Rome and Carrollton Rail-

road Company.

.An act to amend an act to incorporate the Skidaway

Narrows Canal Company.

An act to authorize the Board of County Commis-

sioners for Mitchell county to levy a tax to meet the

current expense of said county for the years 1881 and

1882 not to exceed fifty per cent. on the State tax.

.An act to incorporate the City Bank of .Augusta.

.An act to amend an act to incorporate the town of

Elberton .

.An act to amend section 1950 ot the Code of 1873.

.An act to amend section 4549 of the Code of 1873, to

mo1e effectually prohibit the sale of lottery tickets.

.An act to make it a misdemeanor for any person to

set fire to the woods of another in the county of Clinch,

where protected by boundaries, etc.

.An act to amend the several laws incorporating the

city of Milledgeville in reference to the election of

Marshal and Deputy Marshal.

.An act to incorporate the Savannah Storage Com-

pany, etc.



Mr. Polhill, chairman Special Committee on the

Judiciary, submitted the following report:

Mr. Speaker:

The Special Committee on the Judiciary has had under consideration the following bill, which it recommends do pass, proofs being correct, to-wit:
.A bill to require owners of certain cattle in Putnam county to keep the same from running at large, and for other purposes.

TuESDAY, AuGusT 30, 1881.

639

Also, the following bill, which it recommends do pass, as amended, proofs being found correct, to-wit :
.A. bill to amend the several acts incorporating the city of Macon ; to abolish the Mayor's Court, and to establish a Recorder's Court in said city,and for other purposes.
Also, the following bill, which it recommends do not pass, proofs, although, being correct, to-wit:
.A. bill to abolish the County Court of Hancock county.
Respectfully submitted, J. H. PoLHILL, Chairman.

The following bill .was read the third time, the report of the committee was agreed to, and the bill passed by the requisite constitutional majority-yeas 91, nays 2-to-wit:
.A. bill to regulate the paying of the teachers of the public schools of this State.
The following bill was read the third time, th~ report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed by the requisite constitutional majority-yeas 95, nays none-to-wit:
.A. bill to amend the several acts incorporating the town of Dahlonega.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority-yeas 95, nays none -to-wit:
.A. bill to incorporate the Dahlonega Savings Bank.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited,

640

J ouRN.AL OF THE RousE,

and the bill passed, as amended, by the requisite constitutional majority-yeas 100, nays none-to-wit:
A bill to incorporate the Tennille and Wrightsville Railroad Company, and confer certain privileges on the same relating to their organization, the construction and operating of said road, and for other purposes.
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 104, nays none-to-wit:
A bill to change the times of holding Superior Uourts in Macon county.
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 100, nays none-to-wit:
A bill to change the time of holding the Superior Courts of the county of Marion.
The following bill was read the third time, the report of the committee was agreed to, and the bill lost-yeas 45, nays 59-to-wit:
A bill to prevent Ordinaries, Clerks of Courts of Ordinary, Clerks of Superior Courts and Judges of County Courts, in this State, from practicing law or drawing or dictating pleadings in their own courts or courts of which they are clerks.
House bill No. 833 was re-committed to the Committee on Finance.
Leave of absence was granted to Mr. Keil on account of sickness ; to Messrs. Bacon, of Chatham, and Bates on business.
The House then adjourned till 4 o'clock p. m..

TuESDAY, AuGUST 30, 1881.

641

4 O'CLOCK P.M.
The House re-assembled, the Speaker in the chair. The roll was called and a quorum found to be present.
On motion of Mr. Smith, of Oglethorpe, House bill No. 637 was laid on the table.

On motion of Mr. Hightower, of Stewart, the rules were suspended and bills favorably reported were taken up for a second reading.

The following bills were read the second time, towit:
A bill to abolish the Mayor's Court for the city of Macon, and establish a Recorder's Court for said city, and provide for the election of a Recorder, and for other purposes.
Also, a bill to authorize and empower the Mayor and Aldermen of the city of Savannah to tax the property of the Savannah, Florida and 'Vestern Railway Company within the jurisdictional limits of the city of Savannah.
Also, a bill to relieve E. Polk, security on J ett Dobbs' forfeited bond in Paulding Superior Court.
Also, a bill to repeal an act to create a Board of Commissioners of Roads and Revenue for the county of Fayette.
Also, a bill to repeal an act to incorporate the town of DeSoto, in the county of Floyd, and to incorporate the same de no1Jo.
Also, a bill to require each county in this State to defray all expenses of trying every commission of lunacy, of transferring and conveying or conducting lunatics or other insane persons who may be by due course of law declared insane, to the lunatic asylum, and to provide for the payment of the same.
.Also, a bill to incorporate the Atlanta Home Insurance Company.
41

642

JouRNAL~OF THE RousE,

Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenue, for the county of Fulton, define their powers, etc., approved December 3, 1880, and to confer additional powers on said board.
Also, a bill to appropriate money to pay bond No. 225 of the State of Georgia, issued under the act of February 27, 1856, now held by the executor of John S. Getttings, and to authorize payment of the same.
Also, a bill to amend section 3509 of the Code of 1873.
Also, a bill to amend section 3845 of the Code of 1873, by striking out "two dollars," in the third line of said section and inserting "one dollar."
Also, a bill to prohibit the sale of ardent or spirituous liquors, except for medicinal or mechanical purposes in the county of Macon.
Also, a bill to amend section 1 of an act for the prevention of cruelty to animals.
Mr. Wilson, of Camden, demanded a call of the roll, to see if there was a quorum present.
The roll was called and a quorum found to be pres-
ent.
'fhe following bills were read the second time, to-
wit: A. bill to amend an act to prescribe fees of Solicitors
of County Courts, etc., approved Octob6r 15, 1879. :Also, a bill to require Ordinaries to register the
names of persons for whom they shall issue marriage license, and to require the officiating clergymen and others to return the same.
Also, a bill to incorporate the Cedartown Railroad Company, and for other purposes.
Also, a bill to submit to th'3 qualified voters of Sumter county the question of prohibiting the sale of spirituous or malt liquors in said county.
Also, a bill to amend an act incorporating the town

ruEsDAY, AuGusT 30, 1881.

643

of Talbotton, in the county of Talbot, so as to authorize the City Council of said town to create fire limits as regards the erection of wood buildings upon the blocks surrounding the public square.
Also, a bill to provide for the preparation of new jury lists, and to authorize the drawing and summoning of persons to serve as grand and traverse jurors in the Superior Courts of this State in cases where the jury box and jury list, or either, shall have been lost or destroyed, and to provide for the preparation and service of new venues in like cases, and for other purpuses.
Also, a bill to prohibit the sale of spirituous liquors in the county of Wilkinson, State of Georgia.
Also, a bill to be entitled an act to authorize the Mayor and Council of the city of Dalton to levy a tax for the purpose of establishing and maintaining public schools in and for the municipality of Dalton, under and in conformity to section 4, article 8, of the Constitution of Georgia, and to authorize the County School Commissioners of Whitfield county to pay over to the Board of Trustees of said city such part of the State school fund as may be the just pro rata share of said city.
Also, a bill to establish a Board of Pharmaceutic Examiners, and to prescribe the persons and duties of said board, and to regulate the compounding and vending of medicines, drugs and poisons in the State of Georgia, and to provide a penalty for infringement of the provisions of this bill.
Also, a bill to relieve the county officers of this State, elected on the first Wfldnesday in January, 1881, who failed to make and file their official bonds.
Also, a bill to amend an act to regulate the manner of letting out contracts to build or repair bridges, public causeways and other public works in the several counties of this State, and for other purposes, ap-

~44

JouRNAL oF THE RousE,

proved September 29, 1879, so as to exempt Floyd countv from the provisions of said act.
Also, a bill to exempt Floyd county from the provisions of section 671 of Revised Code of Georgia of 1873, which section requires contractors for public bridges, fe?rys, turnpikes and causeways to give a bond to keep same in repairs for seven years.
Also, a bill to amend an act to carry into effect section 4, paragraph 9, article 6, of the Constitution of the State in relation to the appointment of some person to preside in cases where the presiding Judge is disqualified, approved 15th October, 1879, so as to make the same apply to criminal and all kind of cases or proceedings.
Also, a bill to compel Clerks of the Superior Court to deliver up ballots in their possession and control to the person who presides at the taking of testimony in contested election cases, so as to secure a compliance with the law as set out in section 1H31 of the Code of 1873.
Also, a bill to amend an act approved August 26, 1879, to prevent the driving or grazing of diseased cattle in places other than those where the cattle are diseased, and to fix a penalty for the same.
Also, a bill to amend an act incorporating the Gate City Street Railroad Company, approved September 26, 1879.
The House then adjourned till9 a. m., to-morrow.

ATLANTA, GEORGIA,
Wednesday, August 31, 1881.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and the following members found to be absent.

WEDNESDAY, AuGUST 31, 1881.

645

Those absent are Messrs.-
Bacon of Chatham, Barnes, Branson, Brinson, Burch, Christie, Daniel, Feagin, Fordham, Gaskins, Glover,Gray,Harp,Heatb, Hillyer, Hunt, Keil, Martin ofTalbot,McKinney,Nichols,Story, Sumner, Turner of Monroe, Walker of Berrien, Walker of Jasper, Whittie, Willingham, Wilson of Greene-28.

Those present are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Brewer, Broyles, Bull, Cameron, Carter, Carithers, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Farnell, Flynt, Foster, Fuller, Garrard, Goodrich, Hagen, Hale, Hall, Hammond, Harrell, Heard, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill. Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Mathews, Mays of Butts, Mays of Richmond, McAllister, McBride, McCants, McClure, McClellan, Mcintosh, McLeod, McLucas, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, N orthen, Orr, Palmour, Park, Patterson, Peek, Perkins, Polhill, Post, Price, Quillian, Rainey, Rankin, Rawlins, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Scruggs, Shockley. Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sweat, Tharpe, Thompson, Turner of Floyd, Turnipseed, Twiggs, Walker of Crawford, Wheeler, Williams, Wilkinson, Wilson of Bulloch, Wilson of Camden,

646

J OURN.AL OJ!' THE HoUSE,

Wingfield, Winslow, Withrow, Wright, Youngblood, Zachry, Zellars, Mr. Speaker-147.

Mr. Harrell, chairman Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved. Mr. M11thews gave notice of a motion to reconsider. Mr. Lewis gave notice of a motion to reconsider. Mr. Mathews moved to reconsider so much of the Journal as relates to the action of the House upon a bill to amend section 1407 of the Code of 1873. Mr. Render called for the previous question; the call was sustained and the main question ordered. The motion to reconsider prevailed. Mr. Lewis moved to reconsider so much of the Jour-
nal as relates to the action of the House upon the bill to provide for the payment of teachers in public schools according to the grade of their license.
Mr. Wheeler called for the previous question; the call was sustained, and the main question ordered.
Mr. Wheeler called for the yeas and nays ; on the motion to reconsider, the call was sustained, and on calling the roll the vote was as follows, tt>wit:

Those voting in the affirmative are Messrs.-
.A.dderton, .A.wtry, Barrow, Basinger, Brewer, Broyles, Carter, Carithers, Clark, Cook, Crawford, Davis of Habersham, Davis of Lumpkin, Day, Denton, DuPree of Macon, DuPree of Pike, Edwards, Estes, Fuller, Goodrich, Hale, Hall, Hammond, Henry, Jackson of Carroll, Jemison, Julian, Kennedy, Kimsey, Lamar, Lewis, Little, Maddox, Mathews, Mays of Butts, McAllister, McBride, McLucas, Milner, Moore of Pierce, Moore of Taliaferro, Morrow, Price, Quillian, Rainey, Rankin, Rawlins, Reese, Render, Ritchie, Sapp, Sel-

WEDNESDAY, AUGUST 31, 1881.

647

Jars, Silman, Smith of Union, Spearman, Sweat,Walker of Crawford, Wheeler, vVilliams, Withrow, Wright -62.

Those voting in the negative are Messrs.-
Anderson of Cobb, Anderson of Newton, Arrington, Beatty, Bennett, Bird, Branch, Cameron, Coffin, Crozier, Crumbley, Daniel, Dial, Dyer, Farnell, Flynt, Foster, Garrard, Harrell, Hester, Hightower of Early, Hightower of Stewart, Hill, Hutchins, Jackson of Richmond, James, Johnson of Johnson, Johnson of Lee, Jones of Baker, Lamb, Lonnon, LPster, Martin of Houston, McCants, Mcintosh, McKinney, McLeod, Middlebrook, Mitchell, Moore of Hancock, N orthen, Orr, Palmour, Patterson, Peek, Perkins, Polhill, Post, Robins, Roney, Scruggs, Shockley, Singleton, Smith of Oglethorpe, Spence, Stanford, Stapleton, Strother, Summerlin, Tharpe, Thompson, Turner of Floyd, Turnipseed, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wingfield, Winslow, Youngblood, Zachry, Zellars-71.

Those not voting are Messrs.-
Bacon of Chatham, Barnes, Bates, Branson, Brinson, Bull, Burch, Christie, DuBignon, Dykes, Feagin, FoFdham, Gaskins, Glover. Gray, Hagen, Harp, Heard, Heath,:Hillyer, Hunt, Janes, Jones of DeKalb, Keil, Martin of Talbot, Mays of Richmond, McClure, McClellan, Miller, Nichols, Park, Rice, Story, Sumner, Turner of Monroe, Twiggs, Walker of Berrien, Walker of Jasper, Whittle, Willingham, Wilson of Greene, Mr. t::lpeaker-42.

So the motion to reconsider did not prevail.
On motion of Mr. Garrard, House bill No. 698 was re-committed to the Committee on Finance.
On motion of Mr. Julian, House bills Nos. 670 and 671 were withdrawn.

648

JoURNAL OF THE HOUSE,

The special order was taken up, to-wit:

A bill to authorize and direct the Treasurer of the

State of Georgia to pay certain valid past due bonds

of the State, signed by Chas. J. McDonald, Governor,
and J. Crawford, President of the vV. & A. R. R.,

number, date of issue, etc., therein specified.

Mr. Hutchins moved to re-commit the bill to the

General Committee on the Judiciary.

Mr. Milner moved, as a substitute, that the bill be

re-committed, with instructions, to the Committee on

Finance. The substitute was not adopted. The mo-

tion to re-commit was not adopted.

.

Mr. Polhill moved that the further consideration be

postponed until Friday night at 8 o'clock. The mo-

tion did not prevail.

Mr. Hutchins moved to make the bill the special

order for Thursday afternoon at 4 o'clock. The mo-

tion did not prevail.

Mr. Jemison moved to re-commit the bill to the

Committee on Finance, with instructions to prepare

and report to the House all the evidence they can ob-

tain in regard to the bonds specified in said bill. The

motion did not prevail.

On motion of Mr. Sweat, the morning session was extended until the bill under discussion is disposed of.

Mr. DuPree, of Macon, called for the previous question. The call was sustained and the main question ordered.

The report of the committee was agreed to, the bill read the third time, and 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, to-wit:

Those voting in the affirmative are Messrs.Adderton, Basinger, Coffin, Crozier, Crumbley, Da-

WEDNESDAY, AUGUST 31, 1881.

649

vis of Lumpkin, DuPree of Pike, Foster, Fuller, Garrard, Hale, Hester, Hill, Hutchins, Jackson of Richmond, Janes, Lamar, Lamb, Miller, Patterson, Reese, Twiggs, Wingfield, Zachry-24.

Those voting in the negative are Messrs.-
Anderson of Cobb, Arrington, Awtry, Barrow, Bennett, Bird, Branch, Brewer, Broyles, Bull, Cameron, Carter, Carithers, Clark, Cook, Crawford, Daniel, Davis of Habersham, Day, Deuton, Dial, DuBignon, DuPree of Macon, Dyer, Dykes, Edwards, Estes, Farnell, Flynt, Fordham, Goodrich, Gray, Hagen, Hall, Hammond, Harrell, Heard, Henry, Hightower of Early, Hightower of Stewart, Jackson of Carroll, James, Jemison, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Kennedy, Kimsey, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Mathews, Mays of Butts, Mays of Richmond, McAllister, McBride, McCants, McClure, McClellan, Mcintosh, McKinney, McLeod, McLucas, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Northen, Orr, Palmour, Peek, Perkins, Polhill, Post, Price, Quillian, Rainey, Rankin, Rawlins, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Scruggs, Shockley, Singleton, Silman, Smith of Union, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sweat, Tharpe, Thompson, Turner of Floyd, Turnipseed, Walker of Crawford, Wheeler, 'Villiams, vVilkinson, Wilson of Bulloch, Wilson of Camden, Winslow, Withrow, Youngblood-118.

Those not voting are Messrs.-
Anderson of Newton, Bacon of Chatham, Barnes, Bates, Beatty, Branson, Brinson, Burch, Christie, Feag-in, Gaskir1s, Glover, Harp, Heath, Hillyer, Hunt, Keil, Martin of Talbot, Middlebrook, Nichols, Park, Smith of Oglethorpe, Story, Sumner, Turner of Mon.

650

JouRNAL oF THE HousE,

roe, Walker of Berrien, Walker of .Jasper, Whittle, Willingham, Wilson of Greene, Wright, Zellars, Mr. Speaker-33.
So the bill was lost.
.A. memorial from the Sharpe's Rifle Company was referred to the Committee on Finance.
Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report:
Mr. Speaker:
'l'he General Committee on the Judiciary have had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to amend section 1985 of the Code, relating to saw-mill liens.
Also, a bill to prescribe where legal ~dvertising shall be published.
Also, a bill to amend section 315 of the Code of 1873.
Also, a bill to prevent the farming out of persons convicted of misdemeanors where the offence charged is larceny.
Also, a bill to repeal section 829 of the Coda of 1873, in reference to making returns of mines and plantations on the lines between counties.
Also, a bill to make amendable affidavits to foreclose or defend any of the liens enumeratP-d in part second, title third, chapter second, article five, of the Code.
Also, a bill to regulate the practice against officers of court.
Also, a bill to regulate the trial of claim cases, and define the rights of claimants, etc.
The committee recommend that the following bills do pass, to-wit:
A bill to authorize foreclosure of mortgages in equity as well as in manner prescribed in the Code.
.Also, a bill to change the time for holding the Su-

WEDNESDAY, AuGUST 31, 1881.

651

perior Courts in the county of Baldwin, and for other purposes.
The committee recommend that the following bill do pass by substitute, to-wit:
A bill to enlarge the jurisdiction of the City Court of Savannah, to prevent the Judge thereof from practicing law, and for other purposes. The proper legal notices required by law examined and found correct.
Respectfully submitted, W. M. HAllniOND, Chairman.
Mr. Polhill, chairman of the Special Committee on the Judiciary, submitted the following report:
Mr. Speaker :
The Special Committee on the Judiciary has had under consideration the following bill, which it recommends do pass, proofs being correct, to-wit:
A bill to create a Board of Commissioners of Roads and Rev~ues in the county of Hancock.
Also, the following bills, which it recommends do pass by substitute, proofs being correct, to-wit :
A bill to make it a misdemeanor for any person to obstruct the free passage of timber in rafts upon the waters in this State.
Also, a bill to repeal an act incorporating the town of Penfield, approved December 23, 1838, and for other purposes.
Also, the .following bills, which it recommends introducer be allowed to withdraw, to-wit:
A bill to amend an act to allow the Board of Comruissioness of Newton county to levy a tax in addition to that allowed by law, approved September 19, 1879.
Also, a bill to amend the act incorporating the town of Quitman, approved December 19, 1859.
Also, the following bills, which it recommends do not pass, to-wit:
A bill to prescribe the time of election of Mayor and Aldermen of Darien.

652

JOURNAL OF THE ROUSE,

Also, a bill to reqnire inn-keepers, proprietors of theatres and factories to keep safety ropes for escape in case of fire.
Also, a bill to authorize and require the registration of all voters in the county of Hancock.
Respectfully submitted, .T. H. PoLHILL, Chairman.
The following mest:age was received from the Senate through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate bas passed the following bills of the Senate, to-wit :
A bill to incorpoute railroad companies in this State, and to prescribe the powers, rights, duties ann liabilities of the same.
Which was passed by a constitutional majorityyeas 24, nays three (3)-and I am directed to transmit the same forthwith to the Honse of Representatives.
The Senate has refused to pass the following bill of the Honse, to-wit:
A bill to provide for the bettet inspection, management and control of the convicts of this State.
The following bills of the Honse have been passed, with amendments, in which the concurrence of the House is asked thereto, to-wit:
A bill to authorize the corporation of Sandersville to levy a tax for certain purposes, which was passed by a constitutional majority-yeas 26, nays none.
Also, a bill to prohibit the buying, selling, delivering or receiving of any farm products between sunset and sunrise, in the county of Bibb, which was passed by a constitutional majority of yeas 27, nays none.
Also, a bill to fix the time of holding the courts in the various counties composing the Northeastern Judicial Circuit, which was passed by a constitutional majority of yeas 34, nays none,

WEDNESDAY, AUGUST 31, 1881.

653

The Senate refuses to pass the following House bill:
A bill to require railroad companies of this State to return their property for taxation by the counties of this State.

Mr. Stanford, chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker :
The Committee on Temperance have had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to prohibit the sale by retail of spirituous, intoxicating and malt liquors within the State of Georgia, except in incorporated towns and cities where the population exceeds two thousand, etc.
Also, a bill to regulate the sale of spirituous, vinous and malt liquors in the State of Georgia.
Also, a bill to prohibit the manufacture, importation, sale, or furnishing in the State, after the 1st of May, 1882, ofintoxicating liquors, except for certain purposes.
Also, a bill to suppress the evils of intemperance in this State, and to establish a local option law, and for other purposes.
Also, a bill to amend ~ection 4575 of the Code. Also, a bill to abolish tippling houses and to suppress social dram drinking. .Also, a bill to punish public officers for drunkenness by removal from office. Also, a bill to prohibit the sale and manufacture of intoxicating liquors in any militia district, town, city or county when the qualified voters so determine.
The committee recommend that the following bills do pass, to-wit:
A bill to amend an act approved February 27, 1877, making it not unlawful to sell domestic wines by the

654

JouRNAL oF THE HousE,

manufacturer, so as to include wines manufactured from blackberries.
Also, a bill to amend an act entitled an act to prescribe the mode of granting of license to sell intoxicating liquors in the counties of Burke, Jefferson and Washington, approved February 20, 1873, so as to extend the provisions of said act to all the counties of the State.
The committee recommend that the following bills do pass, as amended, to- wit :
A bill to prohibit the sale of intoxicating liquors within three miles of any church or school house in this Htate, except in incorporated towns or cities.
Also, a bill to prohibit the distillation of any grain in the State of Georgia for twelve months, and to provide a punishment therefor.
The committee recommend that the following bills do pass, by substitute, to-wit:
A bill to better preserve the peace in localities where there is no police force kept.
Also, a bill to make intoxication, under certain circumstances, a misdemeanor, and for othel' purposes.
The committee recommend that the following bill do not pass, to- wit :
A bill to prohibit the sale of spirituous, malt or intoxicating liquors within two miles of Subligna Methodist church, in Chattooga county.
The following bills are returned, with recommendation that the introducers be allowed to withdraw, towit:
A bill to submit to the legal voters of each city and town in this State the question of prohibiting the sale of intoxicating liquors, etc.
Also, a bill to prohibit the sale of intoxicating liquors outside incorporated cities and towns.
Also, a bill to prohibit the sale of intoxicating

WEDNESDAY, AUGUST 31, 1881.

655

drinks in two miles of any church or academy in this State, outside of incorporated towns.
Respectfully submitted, L. L. STANFORD, Cnairman.

Leave of absence was granted to Mr. Mcintosh on account of sickness, and to Messrs. Orr, Wilson of Bulloch and Lamar on business.
The House then adjourned till 4 o'clock p. m.

4 O'CLOCK P.M.
The House re-assembled, the Speaker in the chair. The roll was called and a quorum found to be present.
The following message was received from his Excellency, the Governor, through Mr. Avery, his Secrtary:
Mr. Speaker:
The Governor has approved and signed the following acts:
An act to amend the act to incorporate the town of ~uitman, in Brooks county.
An act to amend an act to incorporate the Augusta Savings Institution, approved February 16, 1875.
An act to amend an act to incorporate the town of West End, in Fulton county.
An act to incorporate the Cleveland and Lula Railroad Company, etc.
An act to incorporate the Merchants and Planters Steamboat Company, etc.
An act to incorporate the Vernon and Ogeechee Canal Company, etc.
On motion of Mr. Price, the special order, to-wit: A bill to prohibit the sale or delivery, or purchase or receipt of seed cotton between the hours of sunset and sunrise was postponed and made the special order

656

JouRNAL OF THE HousE,

for to-morrow, Thursday, immediately after the special order already assignedfor that day.
On motion of Mr. DnBignon, House bill No. 915 was re-committed to the Committee on Education.
On motion of Mr. Martin, of Houston, the rules were suspended for the purpose of reading the second time House bills favorably reported.
The following bills were read the second time, to-
wit: A bill to better preserve the peace in localities
where there is no police kept. Also, a bill to prohibit the sale of intoxicating liq-
uors within three miles of any church or school house in this State, except in incorporated towns or cities.
Also, a bill to amend an aet to make it not unlawful to sell by retail or otherwise, domestic wines by the manufacturer thereof, and for other purposes, ap. proved February 27, 1879, so as to include wines manufactured from blackberries.
A bill to make intoxication, under certain circumstances, a misdemeanor.
Also, a bill to enlarge the jurisdiction of the City Court of Savannah, to prevent the Judge thereof from practicing law, and for other purposes.
Also, a bill to amend an act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Burke, Jefferson and Washington,approved February 20, 1873, and to amend an act amendatory thereof, approved March 5, 1875, so as to extend the provisions therof to all the counties in this State.
Also, a bill to make it a misdemeanor for any person in this State to violate any written contract for labor, to provide a punishment therefor, and for other purposes.
Also, a bill to incorporate the Chattahoochee Canal Company, defining its ~ights, powers, immunities, and for other purposes.

WEDNESDAY, AUGUST :n, 1881.

657

Also, a bill to amend an a11t to incorporate the town of Sharpsburg, in the county of Coweta, and for other purposes.
Also, a bill to require the various counties of this State to pay from the treasuries of their respective counties a part of the amount required to support persons committed to the lunatic asylum.
Also, a bill to compensate the County Board of Roads and Revenues in the county of Taliaferro.
Also, a bill to require Judges of the Superior Courts to give specially in charge to grand juries the first section of an act to prevent cruelty to animals.
Also, a bill to prohibit the selling and furnishing of any spirituous, vinous or malt liquors in 483d district, G. M., Bibb caunty, within three miles of any house of public worship, or of any school house in said district, and to provide a penalty.
Also, a bill to amend section 7 of an act relating to fences and stock, and for the rrotection of crops, approved August 26, 1872, by striking from said section the word "July," and inserting "October," by striking from the proviso, "two years," and inserting "one year.''
Also, a bill to amend tl!H charter of tile Elberton Air-Line Railroad.
Also, a bill to create or provide fur the appointment of Road and Revenue Commissioners in the county of Emanuel.
.Also, a bill to make the Jury Commissioners of Fulton county, appointed by the Judge of the Superior Court, the Jury Commissioners of the City Court of Atlanta, and to presmibd their duties.
Also, a bill to appropriate money to refund double taxes illegally collected by the State of Georgia from the Atlantic Fire Insurance Company of New York.
Also, a bill to refund double faxes illegally collected by the State of Georgia from the Contmental Fire Insurance Company of New York.
42

658

JouRNAL o THE HousE,

Also, a bill to appropriate money to refund triple taxes illegally collected by the State of Georgia from the American Fire Insurance Company of Philadel-phia.
Also, a bill to appropriate money to refund triple taxes illegally collected by the State of Georgia from the Fire Association of Philadelphia.
Also, a bill to appropriate money to refund triple taxes illegally collected by the State of Georgia from the Franklin Fire Insurance Company.
Also, a bill to prescribe the manner of perfecting service of notice upon resident minors under fourteen years of age, in certain cases.
Also, a bill to amend section 2040 of the Code of Georgia.
Also, a bill to prevent the reckless and unnecessary destruction of fish, to encourage the raising and in{}rease the supply of fish in Scriven county, and for other purposes.
Also, a biil to create a County Court for Walton county.
Also, a bill to prohibit the sale of spirituous, vinous, intoxicating or malt liquors in the town of Luthersville, in Meriwether county
Also, a bill to exempt toll cotton, received by the _ginners of this State, from any judgment, mortgage, lien or decree against the person owning the same at the time the said cotton was ginned, or any other person prior thereto.
Also, a bill to amend an act approved October 16, 1879, to prescribe the manner .:>f foreclosing certain chattel mortgages, and to confer j nrisdiction on Justices of the Peace and Notaries Public, who are exoifido Justices of the Peace, and to provide for notice to mot igageor ot proceedings.
Also, a bill to encourage the propagation of fish in the waters of the State of Georgia, and for the protection of the same.

'fHURSDAY, SEPTEMBER 1, 1881.

659

Also, a bill to prevent fraud in the sale of nursery -stock in the State of Georgia.
Also, a bill for the relief of the bondsmen on the bond given by the Stonewall Rifles for arms furnished by the State of Georgia.
Also, a bill to authorize the Town Council of the town of Reynolds, in Taylor county, to issue bonds to build a :gchool house in said town, and for other purposes.
Also, a bill to incorporate the town of Morrows, in the county of Clayton, and to grant election powers and privileges to the same, and for other purposes.
Also, a bill to appropriatfl money to refund triple taxes illegally collected by the State of Georgia from the Girard Fire Insurance Company of Pennsylvania.
Leave of absence was granted to Mr. Coffin on business.
The House then adjourned till 9. a. m., to-morrow.

ATI.ANTA, GEORGIA,
'fhnrsday, September 1, 1881.
The House met pursuant to adjournment, was called -to order by the Speaker and opened with prayer by Mr. Wilson, of Bulloch.
The roll was called and the following members found present:
Those present are Messrs.-
Adderton, Anderson of Cobb, Arrington, Awtry, Barrow, Basinger, Beatty, Bennett, Bird, Branch, Branson, Brewer, Broyles,Bull, C11meron, Carter, Carithers, Clark, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon,

660

JouRNAL oF THE Hou1-E,

DuPree of Pike, Dyer, Dykes, Edwards, Estes, Farnell, Feagin, Flynt, Fordham, Foster, Fuller, Garrard, Gaskins, Goodrich, Gray, Hagen, Hale, .Hall~ Hammond, Harrell, Heard, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Kennedy, Kimsey, Lamb, Lannon, Lester, Lewis, Little, Maddox,Martin of Houston, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McAllister, McBride, McCants, MeClure, McClellan, McKinney, McLeod, McLucas, Middlebrook, Miller, Mitchell~ Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, N orthen, Palmour, Patterson, Peek, Perkins, Polbill, Post. Price, Quillian, Rainey, Rankin, Rawlins, Reese, Render, Riee, Ritchie,Robins,Roney, Sapp, Sellars, Scruggs, Shockley, Single ton, Silman, Smith of Oglethorpe, 8-mith of Union, Spence, Spearman, Stanford, Stapleton, Strother~ Summerlin, Sweat, Tharpe, Thompson,Turner of Floyd, Turnipseed, Twiggs, \Yalker of Crawford, Wheeler~ Williams, Willingham, wilkinson, Wilson of Bulloch, Wilson of Camden, \Vilson of Greene, "\Vingfield, Winslow, vVithrow, Wright, Youngblood, Zachry, Zellars, Mr. Speaker-151.

Those absent are Messrs.-
Anderson of Newton, Bacon of Chatham, Barnes, Bates, Brinson, Burch, Christie, Coffin, Glover, Harp, Heath, Hunt, Keil, Lamar, Mcintosh, Nichols, Orr, Park, Story, Sumner, Turner of Monroe, Walker of Berrien, Walker of Jasper, Whittle-24.
Mr. Barrell, chairman of the Committee on Jour nals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.

THURSDAY, SEPTEMBER 1, 1S81.

661

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

Mr. Speaker:
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the Honse of Representatives and PrPsident of the Senate, and delivered to his Excellency the Governor, the following acts, towit:
An act to transfer the county of Bulloch from the Eastern to the Middle Judicial Circuit.
Also, an act to prohibit the sale of spirituous, intoxicating and malt liqnors, in the town of Stockton, Clinch county, and for other purposes.
Also, an act fixing the license fee for the sale of spirituous, intoxicating and malt liqnors in the county of Clinch, at fifteen hundred dollars, and for other puropses.
Also, an act for the relief of John Caldwell, deceased, so as to provide for the paying to said estate the sum of $106, and for other purposes.
Respectfully submitted, J. L. SwEAT, Chairman.

Mr. Polhill, chairman Special Committee on the J ndiciary, submitted the following report :
Mr. Speaker:
The Special Committee on the J ndiciary has had under consideration the following Senate bill, which it recommends do pass, to-wit:
A bill to provide for the collection of insolvent tax executions.
Also, the following Honse bill, which it recommends do pass, by substitute, proofs correct, to-wit:
A bill to amend an act to pay certain insolvent costs in criminal cases in the Northern Judicial Cir-cuit.

662

JouRNAL oF THE HousE,

Also, the following bill, which it recommends introducer be allowed to withdraw, to-wit:
A bill to confer on conductors upon the several railroads of this State the power to act as Sherifis upon their trains.
Also, the following bill, which it recommends do not pass, to-wit:
A bill to create a Board of Commissioners of Roads and Revenues for the county of Mcintosh.
Respectfully submitted, J. H. PoLHILL, Chairman.

Mr. Gray, chairman of the Committee on Local and Special bills, submits the following report:

Mr. Speaker:
The Committee on Local and Special Bills, report the following bill back, with the recommendation that it be withdrawn, to-wit:
A bill to amend and apply the provisions of an act entitled an act to prohibit the buying, selling, delivering or receiving of any farm products therein specified, between sunset and sunrise, in the counties of Lincoln, Brooks and other counties therein named.
Respectfully submitted, ARTHUR H. GRAY, Chairman.

Mr. Northen, chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Thfl Committee on Education have 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 13 of the school law of August 23, 1872.
Respectfully submitted, W. J. NoRTHEN, Chairman.

THURSDAY, 8EPTEMBim 1, 1881.

663

Mr. Estes, chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker :
The Committee on Corporations have had under consideration the following bills, which tht>y recommend do pass, as amended, the proofs being correct, to-wit:
.A bill to repeal an act incorporating the town of Vienna, in the county of Dooly, approved December 22, 1857, and to re-incorporate the same.
Also, a bill to incorporate the Kingston, Waleska and Gainesville Railroad Company.
Respectfully :submitted, J. B. EsTES, Chairman.

Mr. Lamar, chairman of the Committee on Internal Impro~ements, submitted the following repozt:

Mr. Speaker:
The Committee on Internal Improvements has had under consideration the following resolution, which it recommends do not pass, to-wit:
.A resolution in reference to the survey and drainage of certain creeks and lands in the counties of Dougherty, Baker, Calhoun and Terrell.
Respectfully submitted, L. M. LAMAR, Chairman.

The following report of a committee of citizens, appointed under a resolution of the General .Assembly to valut> the old capitol at Milledgeville, was read to the House, to-wif:

To the General .Assembly of the State of Georgia :
Under a joint resolution of the Senate and House of Representatives, approved July 22, 1881, the undersigned, when appointed appraisers to assess the

664

JOURNAL OF ~THE HoUSE,

value of the capitol building at Milledgeville, and af-

ter giving the notice prescribed in said resolution to

the Governor, President of the Senate, Speaker of the

House of Representatives and the Mayor and Council

of the city of Atlanta, we entered upon the discharge

of the duties devolving upon us under said appoint-

ment on the 29th inst.

Desiring to secure, as far as practicable, an accu-

rate .and fair assessment of the value of said building,

and to do full justice to the State and the city of Atlan-

ta, we -procured the services of gentlemen of large ex-

perience in such matters to aid in this assessment, and as

the result of a petsonal examination, and from the tes-

timony and evidence received by us, we fix the present

value of said building at fifty-five thousand six hun-

dred twPnty-five dollars ($55,625). Whilst it may not

be within the scope of the duties assigned under said

resolution, we respectfully call the attention of the

General Assembly to the present condition of the cap

itol building and to the necessity of making such re-

pairs as will prevent the building from further decay

and render its occupation possible for the purpose it

is now used.

All of which is respectfully submitted,

L. N. WHITTLE, J AS. W. RoBERTSoN,

August 31, 1881.

CHAS. C. KIBBER.

The special order was taken up.
The House went into the Committee of the Whole House.

Mr. Milner, chairman of the Committee of the Whole House, made the following report :
Mr. Speaker: The Committee of the Whole House have had under
consideration-

THURSDAY, SEPTEMBER 1, 1881.

665

A bill to provide for the erection of a State capitol building and to appropriate money for the same, and for other purposes
Which they have instructed me to report back to the House, with the recommendation that it do not pass.
Mr. Wheeler called for the previous question; the call was sustained and the main question ordered.
On the question of agreeing to the report of the Committee of the \Vhole Honse, adverse to the passage of the bill, Mr. Miller called for the yeas and nays ; the call was sustained, and on calling the roll the vote was as follows, viz :

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Beatty, Bennett, Branch, Branson, Brewer, Broyles, Cameron, Clark, Cook, Davis of Habersham, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Farnell, Feagin, Fordham, Fuller, Garrard, Goodrich, Gray, Hagen, Hale, Hall, Heard, Henry, Hightower of Early, Jackson of Carroll, Janes, Jemison, Johnson of Johnson, Johnson of Lee, Julian, Kennedy, Lamb, Lester, Lewis, Little, Maddox, Martin of Houston, Martin of Talbot, Mathews, Mays of Butts, McAllister, McBride, McCants, McClellan, McKinney, McLucas, Miller, Mitchell, Milner, Moore of Hancock, Moore of Taliaferro, Palmour, Perkins, Post, Rainey, Rankin, Rawlins, Robins, Sapp, Sellars, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Tharpe, Thompson, Turner of Floyd, Turnipseed, Walker of Crawford, Wheeler, Williams, Willingham, Wilson of Bulloch, vVilson of Greene, Withrow, Zachry-88.

Those voting in the negative are Messrs.--
Arrington, Barrow, Basinger, Bird, Bull, Carter, Carithers, Crawford, Crozier, Crumbley, Daniel, Da-

666

JouRNAL OF THE HousE,

vis of Lumpkin, Edwards, Estes, Flynt, Foster, Hammond, Harrell, Hester, Hightower of Stewart, Hill, Hillyer, Hutchins, Jackson of Richmond, James, Jones of Baker, Jones of DeKalb, Kimsey, Lonnon, Mays of Richmond, McClure, McLeod, Moore of Pierce, Morrow, Northen, Patterson, Peek, Polhill, Price, Quillian, Reese, Render, Rice, Ritchie, Roney, Scruggs, Shockley, Singleton, Silman, Strother, Summerlin, Sweat, Twiggs, Wilkinson, Wilson of Camden, Wingfield, "Tright, Youngblood, Zellars-59.
Those not voting are Messrs.-
Anderson of Newton, Bacon of Chatham, Barnes, Bates, Brinson, Burch, Christie, Coffin, Gaskins, Glover, Harp, Heath, Hunt, KP-il, Lamar, Mcintosh, Middlebrook, Nichols, Orr, Park, Story, Sumner, Turner of Monroe, Walker of Berrien, Walker of Jasper, Whittle, Winslow, Mr. Speaker-28.
So the report of the committee, adverse to the passage of the bill, was agreed to and the bill lost.
The second special order was taken up, to wit: A bill to prevent the purchase, or sale, or receipt, or delivery of seed cotton between the hours of sunset and sunrise. The report of the committee was agreed to, and the bill read the third time. Mr. Sweat moved to reconsider the action of the House in agreeing to the report of the committee. The motion to reconsider prevailed. Mr. Sweat then offered an amendment adding a proviso to the second section of the substitute, that proof that the seller of the cotton was soie owner thereof, shall be a good defense. Mr. Wheeler called for the previous question; the call was sustained and the main question ordered. The amendment was not adopted. Mr. Wilson, of Camden, called for the yeas and nays, the call was not sustained.

THURSDAY, SEPTEMBER l, 1881.

667

On a division the yeas were 97, and the nays 18, so the requisite constitutional majority having voted in the affirmative, the bill passed by substitute.
Leave of absence was granted to Messrs. Keil and Whittle on account of sickness; to Messrs. Perkins Turnipseed and Stapleton, on account of sickness in their families.

The House then adjourned till 4 o'clock p. m.

4 O'CLOCK, P.M.
The Honse re-assembled, tha Speaker in the chair. The roll was called and a quorum found to be present.
By unanimous consflnt, Mr. Barrow introduced the following resolution, which was read and agreed to, to-wit:
A resolution thanking Hon. W. M. Reese, 8r., of Wilkes county, for certain copies of his work on "Executors," etc., presented by him to the State, for distribution to the Ordinaries of the several counties of the State.
On motion of Mr. Martin, of Talbot, the rules were suspended for the purpose of reading the second time Honse bills favorably reported.
The following bills were read the second time, towit:
A bill to repeal an act to incorporate the town of Vienna, in the county of Dooly, and to appoint commissioners for the mme, and to confer certain powers and privileges on said commissioners, assented to December 22, 1857, and to re-incorporate said town of Vienna, provide a government for the same, and to define its powers and liabilities.
Also, a bill to incorporate the Kingston, W alesca and Gainesville Railroad Company.

668

JouRNAL OF THE RousE,

Also, a bill tu appropriate money to refund triple taxes illegally collected by the State of Georgia from the Insurance Company of North America, of Pennsylvania.
Also, a bill to appropriate money to refund double taxeE> illegally collected by the State of Georgia from the Lorillard Fire Insurance Company, of New York.
Also, a bill to appropriate money to refund double taxes illegally collected by the State of Georgia from the Manhattan Fire Insurance Company.
Also, a bill to appropriate money to refund double taxes illegally collected by the State of Georgia from the Niagara Fire Insurance Company.
Also, a bill to change the time of holding the Superior Court in the county of Mitchell.
Also, a bill to prohibit the sale of intoxicating liquors of all kinds within the limits of the county of Burke, except for medicinal and sacramental purposes, and to provide appropriate remedies and penalties for an evasion or violation of the same.
Also, a bill to amend an act to prohibit the killing of partridges, wild turkey and deer at certain seasons in the counties of Lowndes, 'fhomas and Putnam, approved February 28, 1876, so far as the same relates to the county of Thomas, by prohibiting the killing of more than twenty-five partridges in any one day.
Also, a bill to regulate the manner of letting out contracts to build or repair public buildings, bridges and causeways in the county of Polk.
Also, a bill to make permanent the income of the University of Georgia.
Also, a bill to amend Fection 14 of the general County Court law, approved October 13. 1879, by adding a proviso that the Judge may hold quarterly sessions elsewhere than at the court-house.
Also, a bill to authorize the County Commissioners of Twiggs county to purchase property sold for State .and county taxes in said county.

THURSDAY, SEPTEMBER 1, 1881.

669

Also, a bill to make the provisions of sections 1449, 1450, 1451, 1452, 1453 and 1454 of the Code applicable to militia districts.
Also, a bill to amend the charter of the town of Camilla.
Also, a bill to require the Judge of the Superior Court of Jackson to have published, in advance, the order in which he will take up the dockets.
Also, a bill to appropriate money to refund double taxes illegally collected by the State of Georgia from the Westchester Fire Insurance Company of New York.
Also, a bill to appropriate money to refund double taxes illegally collected by the State of Georgia from the Williamsburg City Fire Insurance Company of New York.
Also, a bill to appropriate money to refund double taxes illegally collected by the State of Georgia from the Phamix Fire Insurance Company of Brooklyn, N.Y.
Also, a bill to refund triple taxes illegally collected by the State of Georgia from the Pennsylvania Fire Insurance Company.
Also, a bill to refund double taxes illegally collected by the State of Georgia from the German American Insurance Company of New York.
Also, a bill to change the time of holding Superior Courts in Baldwin county.
Also, a bill to repeal an act approved September 25, 1879, in reference to the road laws of this State, so far as relates to the county of DeKalb.
Also, a bill to make it a misdemeanor to obstruct the passage of timber in rafts upon the several water courses of this State, and provide a punishment.
Also, a bill to abolish the County Court of Troup county.
Also, a bill to amend the Constitution of 1877, by striking out paragraphs 15 and 16 of article 3, section

670

JouRNAL OF THE HousE,

7, and to submit the same to the people for ratification.
Also, a bill to repeal so much of the charter of the city of Savannah as provides for the election ofa Jailor and the superintendence of the jail of Chatham county by the Mayor and Aldermen of said city, and to vest the management and care of said jail in the County Commissioners and Sheriff of Chatham county, under the general laws or this State.
Also, a bill to repeal an act to incorporate the town of Lawtonville.
Also, a bill to extend the provisions of sections 1449, 1450, J451, 1452, 1453, and 1454 of the Code of1873, so as to make them applicable to the 37th, 38th and 260th districts, G. M., in the county of Scriven, and for other purpOSf'S.
Also, a bill to incorporate the Greenville and White Sulphur Springs Railroad Company.
The following bills were read the second time under a suspension of the rules, to-wit:
A bill to establish a City Court in the county of Richmond, to provide for the appointment of a Judge and Solicitor thereof, and to define their powers and duties.
Also, a bill to repeal an act to create a Board of Commissioners ofRoads and Revenues in the county of Madison, approved August 27, 1872, and an act amendatory thereof, approved March 3, 1875.

On motion of l\fr. James, House bill No. 76 was recommitted to the Special Com mittee on the Judiciary.

On motion ot Mr. Foster, House bill No. 856 was re-committed to the Committee on Finance.

By unanimous consent, Mr. Rice offered the follow ing resolution, which was read the first time and referred to the Uommittee on Finance, to-wit:
A resolution providing for the payment of mileage

FRIDAY, SEPfEMBER 2, 1881.

671

to members of General Assembly, Messengers and Door-keepers for the adjourned term.
The hour of adjournment having arrived, the House adjourned till 9 a. m., to-morrow.

ATLANTA, GEORGIA,
Friday, September 2, 18tH.
The House met lJursnant to adjounment, was called to order by the Speaker and opened with prayer by the Chaplain.
The roll was called and the following member::. present:
Those present are Messrs.-
Adderton, Anderson of Cobb, Arrington, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Beatty, Bird, Branch, Branson, Brewer,Broyles,Bull, Cameron. Carter, Carithers, Christie, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Farnell, Feagin, Flynt, Fordham, Foster, Fuller, Garrard, Goodrich, Gray, Hagen, Hale, Hall, Hammond, Harrell, Heard, Henry, Hester, Hightower of Early, Hightower of Stewart, HilL Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Kennedy, Kimsey, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McAllister, McBride, McCants, McClure, MeClellan, McKinney, McLeod, McLucas, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Northen, Palmour,Park,

672

JouRNAL OF THE HousE,

Patterson, Peek, Polhill, Post, Price, Quillian, Rainey, Rankin, Rawlins, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Scruggs, Shockley,
Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Summerlin, Sweat, Tharpe, Thompson, Turner of Floyd, Twiggs, Walker of Crawford, Walker of Jasper, Wheeler, Whittle, Williams, Willingham, Wilkinson, Wilson of Camden, Wilson of Greene, "'Wingfield, Winslow, Withrow, Wright, Youngblood, Zachry, Zellars, Mr. Speaker-152.

Those absent are Messrs.-
.A.nderson of Newton, Bates, Bennett, Brinson, Burch, Gaskins, Glover, Harp, Heath, Runt, Keil, Lamar, Mcintosh, Nichols, Orr, Perkins, Story, Strother, Sumner, Turner of Monroe, Turnipseed, Walker of Berrien, Wilson of Bulloch-23.

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

Leave of absence was granted to Mr. Anderson, of Newton, on account of sickness.
On motion of Mr. Pnlhill, House bill No. 933 was re-committed to the Special Committee on the Judiciary.

Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report :
Mr. Speaker :
The General Committee on the Judiciary have had under consideration the following bills,which they recommend do pass, as amended, to-wit:
.A. bill to regulate the practice in equity causes referred to Masters in Chancery, and to prescribe the

FRIDAY, SEPTEMBER 2, 1881.

673

mode of trial of exceptions filed to the reports of Masters, and for other purposes.
Also, a bill to make the first term of court in divorce cases trial term, so as to allow the first verdict to be obtained at such term in such cases.

The committee recommend that the following bill do pass, to-wit:
A bill to amend the Constitution of this State by striking therefrom and repealing paragraph 15 of section 7, article 3, thereof, relative to the origin, introduction and reading of local or special bills.

The committee recommend that the following bills do not pass, to-wit:
A bill to require the registration of deeds and mortgages to realty, when the record thereof has been destroyed or lost.
Also, a bill to require Ordinaries, County Commissioners, or other persons having the control of county revenues, to sell insolvent tax executions, etc.
Also, a bill to authorize disabled persons of this State to peddle without a license, and for other purposes.
The following bills are re<urned, with the recommendation that the introd ucPrs be allowed to withdraw, to.wit:
A bill to amend the Constitution by striking and repealing 15th paragraph, section 7, of article 3, relating to local legislation.
Also, a bill to require the record of certain judgments and executions before they shall be a lien upon property in the hands of bona fide purchasers.
Also, a bill to amend section 3213 of the Code of Georgia.
Also, a bill to amend an act defining the powers, jurisdictions and practices of every County Court, approved October lX, 1879.
43

-674

JoURNAL oF THE Hou~E,

.Also, a bill to reJWal section 2410 of the Code, restrictiug the right of married women to make wills.
The following resolution is returned for reference to the Committee on Finance, to-wit:
.A resolution relative to the sale of certain public .lands along the line of the Macon and Brunswick Railroad.
Respectfully submitted, W. M. HAMMOND, Chairman. ,

Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report :

Mr. Speaker:
The General Committee on the Judiciary have had under consideration the following bill, which they 11."ecommend do not pass, to-wit:
.A bill to more effectually secure the service of jurors in the Superior and City Courts of this State.
The committee recommend that the following Senate bill do pass, as amended, to-wit:
.A bill to prescribe the fees of Clerks of the Superior Courts of this State, and to provide for the payment of .the same.
Respectfully submitted, W. M. HAMMoND, Chairman.

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 resolution, which they instruct me, as their chaii"man, to report, with the recommendation that it do pass, to-wit:
.A resolution to authorize the Governor to purchase certain volumes of t;upreme Court Reports from Mrs. Ella M. Cook.

FRIDAY, SEPTEMBER 2, 1S81.

675

The committee have also had under consideration the fo1lowing bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to authorize the publication of a new Code of Georgia, to define the duties of the Governor in reference to the publication and distribution thereof, and to appropriata money for the ,same.
Also, the following, which they recommend do pass, by substitute, to-wit:
A bill to be entitled an act to refer to the legal voters of the several counties in this State the question of assessing a tax on dogs.
Also, the following, which they recommend do not J>ass. to-wit:
A bill to be entitled an act to appropriate the sum of nineteen hundred and twenty dollars to pay balance due on the Public Printe1's account for the years 1879 and 1880.
Also, the following, to-wit: A bill to be entitled an act taxing dogs in this State, and for the protection ot the wool-growing interests of this State, and for other purposes. The following bills they recommend the introducer have leave to withdraw, to-wit: A bill to provide a revenue, to be appropriated to the J>Ublic school fund of this State, by levying a tax on <l.ogs. Also, a bill to provide for a clerk in the office of the Attorney-General, and to fix the compensation of such -clerk. Respectfully submitted,
N. L. .l:iUTCHINS, Chairman.
Mr. Smith, chairman of the Committee on Agriculture, submitted the following report, to-wit:
Mr. Speaker:
The Committee on Agriculture have had under con-

676

JouRNAL oF THE R~>USE,

sideration the: following bills, which they instruct me to report back, with the recommendation that they do pass, to-'wit :
A bill to be entitled an act to prohibit driving cattle into the county of Raburn at certain seasons of the year, and to regulate the driving of beef cattle.
Also, a bill to be entitled an act to extend the department of agriculture by establishing County Board of Agriculture, to provide the m:.tnner of their election, to prescribe their duties, and for other purposes.
Also, the following bills which they recommend do not pass, to-wit:
A bill to be entitled an act to exempt persons actively engaged in running a grist mill from road duty.
Also, a bill to be entitled an act to exempt owners of stock from liabilities for trespass committed by such stock in certain cases, and for other purposes.
Also, a bill to be entitled an act to protect the game of this State, and to make the killing :1 nd trapping of the same during certain seasons a misdemeanor.
Also, a bill'which they recommend the introducer be allowed to withdraw, to-wit:
A bill to be entitled an act for the protection of fish, which have been deposited in the various rivers, and their tributaries, by the general government.
Respectfully submitted, J. M. SMITH, Chairman.

Mr. Smith, of Oglethorpe, chairman of the House Committee, appointed to take into consideration the business now before the General Assembly and report at what time the body may adjourn, submitted the following report :

Mr. Speaker:
The joint committee ofthe Senate and House of Representatives, appointed under a resolution adopted by the General Assembly for the purpose of ascertaining

FRIDAY, SEPTEMBER 2, 1881.

677

tht> amount and -nature of the business of the two

Houses, with a view of fixing a time for adjournment

of this General .Assembly sine die, beg leave to sub-

mit the following report, to-wit:

The committee, after carefully examining the statues

of the business before the Houses, unanimously re-

port that this General .Assembly do adjourn sine die

on Tuesday the 20th day of September, instant. Hereto

attached is a statement of the business as furnished by

the officers of the two Houses on the 25th ultimo.

.All of which is respectfully submitted.

JAMES M. s~nTII, Chairman.

ARTHUR GRAY,

'

S. H. JEMISoN,

JAs. V. Sl\IITH, of Union,

REE~-<E CRAWFORD,

Honse Committee.

R. L. McWHoRTER, Chairman, protem. R. N. KING,
8enate Committee.

STATEMENT OF BUSINESS IN SENATE.
Senate bills in committee. . . . . . . . . . . . . . . . . . . . . . . . 33 Senate bills in House. . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Senate bills on tablt>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Senate bills for third reading..................... 4 Senate resolutions in House...................... 11 Senate resolutions on table... . . . . . . . . . . . . . . . . . . . . 2 :Senate resolutions in committee. . . . . . . . . . . . . . . . . . 4

Total ................ ....................... 133
HOUSE BILLS IN SENATE.
House bills in committee. . . . . . . . . . . . . . . . . . . . . . . . . 57 House bills read second time. . . . . . . . . . . . . . . . . . . . 12 House bills for first reading. . . . . . . . . . . . . . . . . . . . . . 39 House bills on table. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 House bills reconsidered. . . . . . . . . . . . . . . . . . . . . . . . . 1

678

JouRNAL oF THE RousE,

House bills returned for amendment.............. 2 House resolutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Total business of Senate. . . . . . . . . . . . . . . . . . . . 248 Respectfully submitted,
W. A. HARRis, Secretary Senate.
HOUSE BILLS IN H.ANDS OF C01DIITTEKS .AUG. 25, 1881.
General Judiciary ...............................115 Special Judiciary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Finance ........................................ 45 Corporations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Tern perance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Railroads. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Education ...................................... 18 Agriculture .................................... 10 All other committees ............................ 25

Total ....................................... 326 Senate bills in hands of committees of the House. . 20

Grand total in hands of committees .............. 346 Respectfully summitted, M. A. HARDIN, Clerk.
STATE OF BILLS ON CLERK'S DESK .AUG. 25, 1881.
House bills for a third reading. . . . . . . . . . . . . .. .... . . 37 Bills for second reading, with favorable recommen-
dation ........................................129 Bills for second reading, adversely reported....... 119 Bills on table ................................... 30 Special orders. . . . . . . . . . . . . . . . ................. : 2 House bills with Senate amendments. . . . . . . . . . . . . . 3

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320 House rPsolutions second reading................. 23 Senate bills for first reading. . . . . . . . . . . . . . . . . . . . . 3

FRIDAY, SEPTEMBER 2, 1881.

679'

Senate bills for second reading. . . . . . . . . . . . . . . . . . . 4 Senate bills for third reading. . . . . . . . . . . . . . . . . . . . 19' Senate resolutions ............................... 13

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Respectfully submitted,
M. A. HARDIN, Clerk.
Mr. Miller movt:>d to postpnnP tlw consideration of the resolution reported by the committee until Tuesday next, when it shall be the special order immediately after the reading of the Journal, and that 300 copies of the report and resolution, with the accompa nying statements, be printed for the use of the House.
Mr. Crawford proposed to amend by striking out Tuesday and inserting Wednesday.
Mr. Miller called for the previous question; on the motion to postpone, the call was sustained and the main question ordered.
The amendment was not adopted. The motion to postpone was not agreed to. Mr. Polhill moved to re-commit the whole matter tothe committee, with instructions to report on Monday next. Mr. Miller called for the previous question; on theentire question before the House, the call was sustained and the m'lin question ordered.
On the motion to recomrnit, Mr. Smith, of Oglethorpe, called for the yeas and nays ; the call was sustained, and on calling the roll the vote was as follows, to-wit:
Those voting in the affirmative are Messrs.-
Adderton, Bacon of Chatham, Basinger, Beatty, Bird, Cameron, Clark, Cook,Crawford,Crozier,Crumb_}ey, Daniel, Day,DuBignon, DuPree of Pike, Dyer, Edwards, Flynt, Fordham, Foster, Fuller, Hall, Harrell, Heard, Henry, Hightower of Early, High-

680

JouRN.A.~ oF THE HousE,

tower of Stewart, Hill, Hillyer, Hutchins, James, Janes, Jemison, Johnson of Johnson, Johnson of l.Jee, Jones of DeKalb, Julian, Kennedy, Lester, Lewis, Little, Martin of Houston, Martin of Talbot, Mays of Butts, McAllister, McCants, McClellan, McKinney, McLeod, McLucas, Middlebrook, Miller, Milner, Moore of Pierce, Moore of Taliaferro, Morrow, Park. Patterson, Polhill, Post, Rainey, Rawlins, Roney, Sapp, Scruggs, Shockley, Silman, Spence, Spearman, Stanford, Tharpe, Thompson, Turner of Floyd, Walker of Crawford, Walker of Jasper, Williams, Wilkinson, Wilson of Camden, Wilson of Greene, Wingfield, Winslow, Withrow, Wright, Zachry, Zellars-86.

Those voting in the negative are Messrs.-
Andersc)n of Cobb, Arrington, Awtry, Barnes, Barrow, Branch, Brewer, Broyles,Carter, Carithers, Christie,Davis of Habersham,Davis of Lumpkin, Denton, Dial, DuPree of Macon, Dykes, Estes, Farnell, Feagin, Garrard, Goodrich, Hale, Hammond, Hester, Jackson of Carroll, Jackson of Richmond, Jones of Baker, Kimsey, Lamb, Lonnon, Maddox, Mathews, Mays of Richmond, McBride, McClure, Mitchell, Moore of Hancock, N orthen, Palmour, Peek, Price, Quillian, Rankin, Reese, Render, Ritchie,Robins, Sellars,Singleton, Smith of Oglethorpe. Smith of Union, Stapleton, Summerlin, Sweat, Wheeler, Youngblood -57.

Those not voting are Messrs.-
.Anderson of Newton, Bates, Bennett, Branson, Brinson, Bull, Burch, Coffin, Gaskins, Glover,Gray,Hagen, Harp, Heath, Hunt, Keil, Lamar, Mcintosh, Nichols, Orr, Perkins, Rice, Story, Strother, Sumner, Turner of Monroe, Turnipseed, Twi~gs, Walker of Berrien, Whittle, Willingham, Wilson of Bulloch, Mr. Speaker-32.

FRIDAY, SEPTK~fBER 2, 1881.

681

So the motion to re-commit prevailed.
The special order was taken up.
The House went into the Committe of the 'Vhole House.

Mr. .Adderton, chairman of the Committee of the Whole House, made the following report:
Mr. Speaker:
The Committee of the Whole House have had under consideration-
A bill to appropriate the sum of $20,000 to the University of Georgia to rebuild and refurnish the North GPorgia .Agricultural College at Dahlonega.
Which they have instructed me to report back to the House, with the recommendation that it do pass, as amended.
The amendments proposed by the Committee of the Whole House, striking out "twenty thousand" and inserting "ten thousand" in the first section and in the title of the bill, were adopted.
The report of the committee was agreed to and the bill read the third time ; 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, to-wit :
Those voting in the affirmative are Messrs.-
.Adderton, Anderson of Cobb, Arrington, Bacon of Chatham, Barnes, Barrow, Basinger, Bird, Branson, Brewer, Broyles, Cameron, Carter, Carithers, Clark, Crozier, Davis of Habersham, Davis of Lumpkin, Day, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dykes, Edwards, Estes, Feagin, Plynt, Fordham, Foster, Goodrich, Hall, Hammond, Harrell, Hester, Hill, Hillyer, Jackson of Richmond, James, Janes, Johnson of Lee, Jones of DeKalb, Julian, Kimsey, Lamb, Lon-

682

JouRNAL O.l!' THE HousE,

non, Lewis, Little, Martin of Houston, Martin of Talbot, Mathews, Mays of Richmond, McAllister, McClure, McLeod, Middlebrook, Mitchell, Milner, Mooreof Hancock, Moore of Pierce, Moore of Taliaferro, Northen, Palmour, Park, Patterson, Peek, Polhill, Post, Price, Quillian, Rainey, Rice, Ritchie, Sapp, Shockley,Silman, Smith of Oglethorpe,Smith of Union, Spence, Spearman, Summerlin, Sweat, Turner of Floyd, Twiggs, \Valker of Jasper, Whittle, Wilkinson, Wilson of Greene, Wingfield, Winslow, Withrow, Wright, Youngblood, Zachry, Zellars-95.

Those voting in the negative are Messrs.-
Awtry, Beatty, Branch, Bull, Christie, Cook, Crawford, Crumbley, Daniel, Denton, Dyer, Farnell, Fuller, Hale, Heard, Henry, Hightower of Early, Hightowerof Stewart, Hutchins, Jackson of Carroll, Jemison, Johnson of Johnson, Jones of Baker, Kennedy, Lester, Maddox, McBride, McCants, McClellan, McKinney, McLucas, Miller, Morrow, Rankin, Rawlins, Reese, Render, Robins, Roney, Sel1ars, Scruggs, Singleton, Stanford, Stapleton, Tharpe, Thompson, Walker of Crawford, Wheeler, Williams, Wilson of Camden-50.

Those not voting are Messrs.-
Anderson of Newton, Bates, Bennett, Brinson7 Bnrch, Coffin, Garrard, Gaskins, Glover. Gray, Hagen, Harp, Heath, Hunt, Keil, Lamar, Mays of Butts, Mcintosh, Nichols, Orr, Perkins, Story, Strother, Sumner, Turner of Monroe, Turnipseed, Walker of Berrien, Willingham, Wilson of Bulloch, Mr. l:::lpeaker-30.
So the requisite constitutional majority having voted in the affirmative, the bill passed, as amended.

On motion of Mr. Davis, of Lumpkin, the bill was ordered at once transmitted to the Senate.

FRIDAY, SEPTEMBER 2, 1881.

683-

By permission of the House, Mr. Mitchell withdrew House bill No. 330.
On motion of Mr. DuBignon, House bill No. 132' was taken from the table and re-committed, together with the report of the commission appointed to assessthe value of the old eapitol at Milledgeville, to the Committee on Finance.

Mr. Estes, chairman of the Committee on Corporations, submitted the following report:
Mr. Speaker :
The Committee on Corporations have had under consideration the following bill, which they recommend do pass, by substitute, to-wit:
A bill to amend an act to incorporate the city of Cartersville, to provide for its government, to define its powers, and for other purposes, approved August 27, 1872.
The proofs being correct. Respectfully submitted,
J. B. EsTES, Chairman.

:Mr. Rankin, chairman of the Committee on Railroads, submitted the following report:
Mr. Speaker:
The Committee on Railroads have had under consideration the following bills, which I am instructed to report back to the House, with the recommendation. that they do pass, as amended, towit:
A bill to be entitled an act to authorize the survey, building and equipping a railroad from Covington, Newton county, Georgia, to the Ocmulgee river, to be known as the Covington and Ocmulgee River Railroad Company, and for other purposes connected with. said enterprise.
Also, a bill to be entitled an act to incorporate the-

684

JOURNAL OF THE HoUSE,

Etowah and Blue Ridge Railroad Company, and for other purposes.
Respectfully submitted, W. R. RANKIN, Chairman.

Mr. N orthen, chairman of the Committee on Education, submitted the following report:
Mr. Speaker :
Thfl Committee on Education have had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to be entitled an act to levy a school tax for the county of Columbia.
Also, a bill to be entitled an act to amend section 1259 of the Revised Code of 1873, in relation to the operation of the school law of the State of Georgia.
The committee have also considered 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 more thorough and efficient collection of the poll tax.
The committee have also considered the following bill, which they recommend do pass, by substitute, to-wit: .A bill to be entitled an act to appropriate the fund arising from the hire of penitentiary convicts in this State to the support of the University of Georgia and the Atlanta University, and for other purposes.
Respectfully submitted, W. J. N ORTHEN, Chairman.

Mr. Hutchins, chairman of the Committee on Finance, submitted the following report :
Mr. Speaker: The Committee on Finance have had under consid-

FRIDAY, SEPTEMBER 2, 1881.

685

eration the following bills, which they recommend do pass, to-wit :
.A. bill to be entitled an act to apply all moneys received by the Department of .Agriculture for inspecting fertilizers, in excess of what is necessary to defray the expenses of said department, to the common school fund of the State.
.Also, a bill to be entitled an act to change the fiscal year and to provide when official reports shall be made, and for purposes.
.Also, a bill to be entitled an act to require the chairman of the House Committee on Finance to keep a register of certain bills, and for other purposes.
.Also, the following bills, which they recommend do pass, as amended, to-wit:
.A. bill to be entitled an act to confer additional powers upon the Board of Commissioners of the town of Hampton, county of Henry.
.Also, a bill to be entitled an act to regulate the sale of pistols in this State.
.Also, a bill to be entitled an act to amend the tax act of 1880, December 7th, so far as the same relates to the tax on liquor dealers.
Also, a bill to be entitled an act to amend section 4505 of the Code of Georgia.
Also, the following bills, which they recommend do not pass, to-wit:
.A. bill to be entitled an act for the relief of E. V. Johnson, of Bartow county.
Also, a bill to be entitled an act to repeal the act of October 14, 1879, regulating the rate of interest, etc.
.Also, a bill to be entitled an act to appropriate moneys to encourage and promote immigration into this State.
.Also, a bill to be entitled an act to appropriate money to pay the Gate City Guard for services rendered the State.

-686

JOURNAL OF THE HOUSE,

Also, a bill to be entitled an act to add to the school fund of the State, and for the other purpose.
Also, a bill to be entitled an act to increase the public school fund by adding thereto the remaining half rental of the Western & Atlantic Railroad.
Also, the following, which they recommend the introducers be allowed to withdraw, to-wit :
A bill to be entitled an act to exempt from State, county and municipal taxation, the> property of the Atlanta Female Institute.
Also, a bill to be entitled an act to regulate and restrict the rate of interest, approved October 14, 1879, and for other purposes.
Also, a bill to be entitled an act to amend the act of September 20, 1879, to furnish artificial limbs to soldiers, etc.
Also, the following resolution, which they recommend do not pass, to-wit:
A resolution appropriating money to defray expenses of John R. Brewer for apprehending and returning prisoner to the State.
The committee instruct me to return the foll,>wing bill and reqnest that it be read the second time and recommitted, to-wit:
A bill to be entitled an act to provide for certain appropriations that were omitted from the last general appropriation act, and for other purposes.
Respectfully submitted, N. L. HuTCHINS, Chairman.

On motion of Mr. McLeod, the rules were suspended and the following bill taken up, read the third time, the proofs of the publication of the notices required by law we1e exhibited, the report of the com!llittee was agreed to, and the bill passed by the requisite constitutional majority-yeas 104, nays none-towit:
A bill to prescribe the mode of granting license to

FRIDAY, SEPTEMBER 2, 1881.

687

-sell intoxicating liquors in the county of Telfair, in this State, and also within the corporate limits of the incorporated towns of said county and to prescribe a fee of five thousand dollars for the same.
On motion of Mr. Adderton, the bill was ordered at --once transmitted to the Senate.

The following mes~age was received from the Senate -through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following bills of the House, to-wit:
A bill to incorporate the Cincinnati and Georgia Railroad Company, and to define its rights, powers and privileges, which was passed by a constitutional majority of yeas 3, nays 4.
Also, a bill to change and fix the times of holding -the Superior Courts in the counties of Pickens, Gilmer and Fannin, in the Blue Ridge Circuit, which was passed by a constitutional majority of yeas 29, nays .none.
The Senate recedes from its amendments to the following House bills :
A bill to amend an act incorporating the National Mercantile Assurance Company.
Also, a bill to prohibit any person or persons keeping a barroom or other place where spirituous liquors are sold by retail to be drank on the spot, from employing minors therein, and to prescribe a penalty therefor.
The following House bill bas been passed with an amendment, in which the concurrence of the House is asked, to-wit:
A bill to amend an act to establish a new charter for the city of Atlanta, approved February 28, 1874, which was passed by a constitutional majority-yeas .32, nays none.

683

JOURNAL OF THE HOUSE,

Mr. Hightower, of Stewart, offered the following resolution, which was read the first time and referred to the Committee on Finance, to wit:
By Mr. CoffinA resolution to authorize the Commissioner of Agri-
culture to expend the sum of two thousand dollars of the money in the treasury, arising from inspection fees, in paying expenses of contributions to and from the Cotton Exposition.
Mr. McCants, by permission, withdrew House bill No. 804.
By a two-thirds vote-yeas 94, nays none-the fol lowing bill was introduced, and by a two-thirds voteyeas 96, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit: By Mr. McCants-
A bill to amend an act to create a Board of Commissioners of Roads and Revenue for the county of Taylor, define their powers and duties.
The following bills were introduced, read the first timP- and referred to the General Committee on the Judiciary, to-wit: By Mr. Garrard-
A bill to make it unlawful for any person or persons owning or controlling any cotton compress to cut from any bale of cotton, without the owners' consent, any bagging enclusiug the same, and to provide a penalty. By Mr. Story.
A bill to provide for the payment of costs due Justict>s of the Peace, Bailiffs and Notaries Public in pauper criminal cases. Bv Mr. Barrow-
A bill to fix and determine the manner of returning for taxes lands divided by undetermined county lines.
The following bills were introduced, read the first time and referred to the Committee on Finance, to-wit

FRIDAY, SEPTEMBER 2, 1881.

689

ByMr. RiceA bill to provide for arplying the net proceeds
arising from the hire of the convicts to the common school fund of this State.
By Mr. Marth}, of HoustonA bill to provide for the repair of the capitol build-
ing, and to appropriate money therefor.
By Mr. MillerA bill to amend section 191 of the Code of 1873, in
regard to the pay of a member dying during the session.
By Mr. TwiggsA bill to pay the Tax Receivers and Tax Collectors of the year 1880, compensation illegally withheld.
On motion of Miller, the rules were suspended, and the followmg bill of the Senate taken up, read tbe third time, the report of the committee agreed to and the bill passed by the requisite constitutional majorityyeas 100, nays none-to-wit:
A bill for the more certain levy and collection of the county tax in this State.
The following bill was introduced, read the first time and ordered to be at once engrossed, to-wit:
By Mr. BasingerA bill to correct an error in a date occurring in an
act approvPd August 24, 1881, to change the several acts incorporating the town of Conyers, Georgia, to that of a city corporation, with Mayor and Aldermen, with certain powers therein enumerated, and for other purposes.
By a two-thirds vote-yeas 89, nays none-the following bill was introduced, and by a two-thirds vote_:_ yeas 101, nays none--read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. HesterA bill to provide compensation for the Commission44

I(J90

JOURNAL OF THE HOUSFl,

ers of Ro<tds and RPvennes for the cqunty of Dough-erty, and the manner of paying the same.
On motion of Mr. Garrard, the rules were suspended :and the following Senate bill was taken up, read the third time, the report of the committee agreed to and the bill passed by the requisite constitutional majority -yeas 94, nays none-to-wit:
A bill to amend an act to confer additional powers :and privileges upon purchasers of railroads under the provisions of an act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to dt>fine their rights, powers and privileges, assented to February 29, 1876, by giving to said purchasers time to finish said roads where the same are incomplete, said act approved December 5, 1878; this amendment to extend the time still further in which to complete said roads when the same are now incomplete.

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

.Mr. Speaker:
The Committee on Enrollment report as duly enrolled and ready for the signature of the Speaker of the House of Representatives, the following act, towit:
An act to incorporate the Cincinnati and Georgia Railroad Company, and for other purposes.
Respectfully flubmitted, J. L. SWEAT, Chairman.

Mr. Smith, of Oglethorpe, offered the following resolution, which was read and agreed to, to wit:
A resolution that no new matter be introduced after Wednesday next.
On motion of Mr. Middlebrook, House bill No. 459, to repeal the law creating State depositories, was taken

FRIDAY, SEP !'EMBER 2, 1881.

691

up, a11d pending a motion to agree to the report of the -committee, adverse to the passage of the bill, the hour of adjournment artived.
Leave of absence was granted to Messrs. Williams, Nichols and DuPree of Macon, on business, and to Mr. Strother on account of sickness.
The House then adjournt>d till 4 o'clock p. m.

4 0' CLOCK P. 1\L
The Honse re-assembled, the Speaker in the chair. The roll was called and a quorum found to be pres-ent.
Leave of absence was granted to Mr. Hightower, of Stewart, on account of serious illness in his family.
On motion of Mr. Lester, the rules were suspended for the purpose of reading the second time bills favorably reported.
The following resolution was read the second time, to-wit:
A resolution authorizing the Governor to purchase from Mrs. Ella M. Cook, for the use of the State, 1200 volumes of the Supreme Court Reports, and to draw his warrant on the Treasury for snch sum, not to exceed four dallars per volume, as may be necessary to pay for the same.
The following bills were read the second time, towit:
A bill to refer to the legal voters of the several counties in this State the question of assessing a tax upon dogs.
Also, a bill to regulate the practice in equity causes Teferred to Masters in Chancery, and to prescribe the mode of trial of exceptions filed to the reports of Masters in Chancery, and for other purposes.

692

JouRNAL OF THE Hous:I<.:,

Also, a bill to amend an act to incorporate the city of Cartt>rsville, to provide for its government, to define its powers, and for other purposes, approved August 27, 1872, in so far a~:~ to provide for four Aldermen instead of eight, and to provide for the compensation of the Mayor and Aldermen, and to provide for the election of Marshal by the legal voters thereof, and to require the Tax Collector and Treasurer of said city to give bond and security, and for other purposes.
Also, a bill to authorize the publication of a new Code of Georgia, to define the duties of the Governor in reference to the publication and distribution thereof, and to appropriate money for the same.
Also, a bill to regulate the sale of pistols in thisState.
Also, a bill to amend an act incorporating the Talbotton Branch Railroad Company, approved August 23, 1872, by striking out the word "Branch," from the name of said road.
Also, a bill to prohibit driving cattle into the county of Rabun, at certain seasons of the year, and to regulate the driving of beef cattle.
Also, a bill to make the first term of Court, in divorce cases, trial term, so as to allow the first verdict to be obtained at such term in said cases.
Also, a bhl to incorporate the Etowah and Blue Ridge Railroad Company, and for other purposes.
Also, a bill to amend the Constitution of this State by striking therefrom and repealing paragraph 15 of section 7, article 3 thereof, relative to the origin, introduction and reading of local or special bills.
Also, a bill to authorize the running, building and equipping a railroad from Covington to Ocmulgee river, to be known as the Covington and Ocmulgee River Railroad.
Also, a bi).l to appropriate the fund arising from the hire of penitentiary convicts in this State to the sup-

FRIDAy' SEPTEl\IBER 2, 1881.

693

port of the University of Georgia and the Atlanta University.
Also, a bill to extend the Department ot Agriculture by establishing County Boards of Agriculture, to provide the manner of their election, to prescribe their duties, and for other purposes.
Also, a bill to authorize the foreclosure of mortgages in equity, as well as in the manner prescribed in the Code.
Also, a bill to amend section 4139 of the Code, in relation to summons in Justices' Court.
Also, a hill to provide for certain appropriations that were omitted from the last general appropriation :act, and for other purposes.
Also, a bill to protect the farming interests of Monroe county by making parties, who permit animals to run at large, liable in damages for any trespass which -said animals may commit, and for other purposes.
Also, a bill to incorporate the Brunswick and Flint River Railroad Company.
Also, a bill to provide for the better enforcement of the road laws of this State, and for other purposes.
Also, a bill to amend section 13 of the school law of August 23, 1872.
Also, a bill to amend an act to repeal the several :acts establishing Commissioners of Roads and Revenue in the counties of Jones, Chattahoochee, Donglas, Bulloch, Heard and Lumpkin, approved 26th September, 1879, by striking out the proviso to the
1st section, and inserting that said E. Pevy, et al.,and
Jno. V. Edge, Ordinary, shall proceed to perform the duties required.
Also, a bill to incorporate the Rome Canal and Water Company.
Also, a bill to levy and collect a tax from dealers in iron safes doing business in this State.
. Also, a bill to enlarge the power of county author-

694

JouRNAL oF THE HousE,

ities in this State as to levying taxes for pauper purposes .
.Also, a bill to amend section 3698 of the Code of 1873, in relation to the fees of jailors.
.Also, a bill to authorize municipal corporations in this State to provide by ordinance for the forfeiture of appearance bonds, and to authorize the presiding officer of any municipal court to bind over and commit to jail for violations of State laws.
Also, a bill to incorporate the town of .Alapaha, in Berrien county, and to provide for the election of Mayor and Aldermen.
.Also, a bill to prevent the sale or furnishing of intoxicating liquors within three miles of Davisboro Baptist church, in Washington county.
.Also, a bill to change the time of holding Superior Court in Taylor county.
.Also, a bill to enable the trustees of the University of Georgia to inaugurate a system of free tuition in that institution.
.Also, a bill to create a Board of Commissioners of Roads and Revt-nue for the county of Hancock, and define their powers.
.Also, a bill to amend the 17th paragraph of the 2d section of the general tax act, approved December 7,
1880.
Also, a bill to establish and regulate branch Colleges of the Univt->rsity.
.Also, a bill to amend the general tax act, approved December 7, 1880.
.Also, a bill to amend an act to incorporate the town of Summerville, in the county of Chattooga, to appoint Commi::~sioners for the same, and for other purposes, approved March 2, 1874.

Leave of absence was granted to Messrs. Middleb,rook and Mays of Richmond, for one day.

The House then adjourned till 9 a. m., to-morrow..

SATURDAY, SEPTEMB~:R 3, 1881.

69&

ATLANTA, GEORGIA, Saturday, September 3, 1881.
The House met pursuant to adjot1rnment, was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and the following members. found to be present :

Those present are Messrs.-
Adderton, AndPrson of Cobb, Arrington, Awtry,. Bacon of Chatham, Barnes, Barrow, Basinger, Beatty,. Bird, Branch, Branson, Brewer, Broyles, Bull, Cameron, Carter, Carithers, Christie, Clark, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham,. Davis of Lumpkin, Day, Denton, Dial, Dn !3ignon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Farnell, Feagin, Flynt, Fordham, Foster, Fuller, Garrard, Goodrich, Hagen, Hale, Hall, Hammond, Harrell, Heard, Heath, Henry, Hester, Hill, Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James,. Janes, Jemison, Johnson of Johnson, Johnson of Lee. Jones of Baker, Jones of DeKalb, Julian, Kennedy, Kimsey, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Talbot, Mathews, Mays of Butts, McAllister, McCants, McClure, McClellan, McKinney,. McLeod, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nor then, Palmour, Park, Patterson, Peek, Polhill, Post, Quillian, Rainey, Rankin, Rawlins, ReESE>, Render,. Rice, Ritchie, Roney, Sapp, Sellar:s, Scruggs, Shockley, Singleton, Silman, Smith of Union, Spencer Spearman, Stanford, Summerlin, Sweat, Tharper Thompson,Turner of Floyd, Twiggs, Walker of Crawford, Walker of Jasper, Wheeler, \Vhittlt>, '\Vil Iiams, Willingham, Wilkinson, Wilson ot Camden, Wilson of Greene, Wingfield, Withrow, Wright, Youngblood, Zachry, Zellars, Mr. Speaker-138.

696

JouRNAL oF THE HousE,

Those absent are Messrs.-
Anderson of Newton, Bates, Bennett, Brinson, Burch, Coffin, DuPree of Macon, Gaskins, Glover, Gray, Harp, Hightower of Early, Hightowt>r of Stew. art, Hunt, Keil, Lamar, Martin of Houston, Mays of Richmond, McBride, Mcintosh, M('Lucas, Middlebrook, Nichols, Orr, Perkins, PricP, Robins, Smith of Oglethorpe, Stapleton, Story, Strother, Sumner, Turner of Monroe, Turnipseed, Walker of Berrien, Wilson ot Bulloch, Winslow-37.

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

Leave of absence was granted to Mr. Maddox until Wednesday nPxt.
Mr. Davis, of Habersham. offered the following resolution, which was read and referred to the Committee on Rules, to-wit:
A resolution restricting speeches to five minutes on and after Monday next.
On motion of Mr. Arrington, the rules were suspended, and by a two-thirds vote-yeas 99, nays none -the following hill was introduced, and by a twothirds vote-yeas 100, nays none-read the first time and referred to the Committfle on Railroads.
By Mr. ArringtonA bill to incorporate the Quitman and Monticello
Railroad Company, and for other purposes.
Mr. Render offered the following resolution, towit:
A resolution providing that local bills, favorably reported by the committees,shall have precedence over all other business, except Senate bills, and House bills with Senate amendments.

S..lTURDAY, SEPTEMBER 3, 1881.

697

The rules were suspended and the resolution read and agreed to.
Mr. Daniel offered a resolution changing the hours of meeting and adjournment, which resolution was not adopted.
The unfinished business of yesterday, was, on motion of Mr. Miller, laid on the table.
Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report :
Mr. Speaker :
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives and PrPsident of the Senate, and delivered to his Excellency the Governor, the following act, towit:
An act to incorporate the Cincinnati and Georgia Railroad Company, and for other purposes.
J. L. SwEAT, Chairman.
The following House bills with Senate amendments, were taken up and the Senate amendments concurred in, to-wit:
A bill to fix the time of holding courts in the various counties of the Northeastern Uircuit.
Also, a bill to authorize the city of Sandersville to levy a tax for school purposes.
Also, a bill to prohibit the buying or selling or receiving any farm products between sunset and sunrise in Bibb county.
Also, a bill to amend the acts incorporating the city of Atlanta in the several particulars therein specified.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker : The Senate has passed the following bills of the
House to-wit: A bill to authorize the Board of Commissioners of

698

JOURNAL OF THE RoUSE,

Newton county to levy a tax of two hundred per cent. on the State tax of N ~wton county for certain purposes, which was passed by a constitutional majority of yeas 32, nays none.
Also, a bill to provide for the payment of extra compensation to the Sheriff and Clerk of the Superior Comt of the county of Burke, which was passed by a constitutional majority of yeas 33, nays none.
Also, the following bills, with amendments, in which the concurrence of the Rouse is asked :
A. bill to confer certain powers on the Intendant and Commissioners of the town of Greenville, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill to incorporate the Athens Mutual Insurance Company, which was passed by a constitutional majority of yeas 80, nays none.
The Senate has passed the following House bill, towit:
A. bill to appropriate moMy for the purpose of en larging the lunatic asylum, which was passed by a constitutional majority of yeas 35, nays none.
The Senate has concurred in the following resolution of the House, to-wit
A. resolution returning thanks to the Ron. Wm. M. Reese for donating one hundred and thirty-eight copies of his "Treatise on the Law of Executors, Administrators and Guardians."
Also, the following Senate resolution has been passt>d, in which the concurrence of the House is asked, to- wit :
A. resolutiun on the capitol building at Milledgeville.
Mr. Janes, chairman protem. of the General Committee on the Judiciary, submitted the following report: Mr. Speaker :
The General Committee on the Judiciary have had

SATURDAY, SEPTKMBER 3, 1881.

699'

uncler consideration the following bills, which they recommend do not pass, to wit:
A bill to amend an act to provide for the sale of railroad and bank stock, approved February 22, 1877.
Also, a bill to make it a misdemeanor for any person in this State to seek or solicit to be allowed toserve as a juror in any court in this State.
Also, a bill to amend an act defining the jurisdiction, powers and proceedings of every County Court, etc., so as to provide for the appointment of Solicitorsfor said courts, etc.
Also, a bill to require commissioners who execute interrogatories to take an affidavit, and to prescribe the form of said affidavit.
Also, a bill to provide for the payment of costs to Justices of the Peace and Constables in criminal cases.
Also, a bill to make uniform the publication of advertisements or notices, required by law to be made through a newspaper or public gazette, and to declare in what papers such publication shall be made.
Also, a bill to amend an act to keep open, remove and prevent obstructions to the free passage of fish in the waters of rivers and mouths of creeks in this State, approved December 10, 1878.
Also, a bill to repeal an act to authorize and provide for the organization of chain-gang& for misdemeanor convicts, approved August 20, 1879.
Also, Senate bill tu amend section 3696 of the Code. Also, Senate bill to amend section 3725 of the Code, relating to the oath of claimants.

The committee recommend th'l.t the following bills do pass, by substitute, to wit:
A bill to amend section 1562 of the Code of 1873, in reference to the inspection of grain.
Also, a bill to amend section 4368 of the Code of 1873.

700

JouRNAL oF THE HousE,

The committee recommend that the following bill do pass, to-wit :
A bill to amend section 3214 of the Code: which relates to practice in the Supreme Court.
The committee recommend that the following bill do pass, as amended, to-wit:
A bill to confer additional powers on incorporated towns and villages of this State, and for other purposes.
The committee recommend that the following bill be withdrawn, to-wit:
A bill to amend section 4612 of the Code. RPspectfully submitted,
C. G. J ANEB, Chairman pro tem.

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
'l'he Committee on Enrollment report as duly enrolled, ready for the signature of the Speaker of the House of Representatives, the following act, to-wit:
An act to establish a new charter tor the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof.
Respectfully submitted, J. L. SwEAT, Chairman.

Mr. Garrard, acting chairman of the Committee on on Railroads, submitted the following report :

Mr. Speaker :
The Committee on Railroads have had under consideration the following bills, to-wit :
A bill to be entitled an act to incorporate the Covington and North Georgia Railroad Company, and to grant certain powers and privileges to the same, and for other purposes.

SATURDAY, SEPT.I!.MBER 3, 1881.

701

Also, a bill to be entitled an act to charter the Middle Georgia Railroad Company, to extend from Sandersville or Tenille to Union Point, on the Georgia Railroad.
Also, a bill to be entitled an act to inc0rporate the Monticello and Trans-Ocmulgee Railroad Company, to confer certain privileges on the same, and for other purposes appertaining thereto, which they recommend do pass, as amended.
Also, a bill to be entitled an act to amend an act entitled an act to provide for the regulation of railroad tariffs in this State, etc., approved October 14, 1879, which they recommend do pass by substitute.
Respectfully submitted, L. F. GARRARD, Chairmanpro tem.

House resolution No. 110, by Mr. Lamar, was recommitted to the Committee on Finance.
Under a suspension of the rules, the following bill was introduced, read the first time and referred to the Committee on Education, to-wit :
By Mr. Jackson, of CarrollA bill to abolish the office of County School Com-
missioner and to require the Ordinaries to perform their duties.
The House went into Committee of the Whole Rouse.

Mr. Maddox, chairman of the Committee of the Whole House, made the following report:

Mr. Speaker:

The Committee of the Whole House have had under consideration-
A resolution authorizing the Governor to purchase from Mrs. Ella M. Cook, for the use of the State, 1200 volumes of the Supreme Court Reports of this State, and to draw his warrant on the treasury for such sum,

'702

,JOURNAL OJ.<' THE HoUSE,

not to exceed four dollars per volumP, as may be nec-essary to pay for the same.
Which they have instructed me to report back to the House with the recommendation that it do pass as amended.

The report of the committee was agreed to, and the resolution read the third time; on the question ot agreeing to the resolution, the yeas and nays were re .quired to be recorded, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Arrington, Awtry, Bacon of Chatham, J3arnes, Barrow, Basinger, Beatty, Bird, Branch, Brewer, CamPron, Carter, Carithers, Clark, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Pike, Dyer, Dykes, Edwards, Feagin, Flynt, Fordham, Foster, Fuller, Garrard, Goodrich, Hale, Hall, Hammonu, Harrell, Heard, Henry, Hester, Hill, Hillyer, Jackson of Richmond, James, Janes, Jemif!')n, J 6hnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Kennedy, Kimsey, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Talbot, Mathews, Mays of Bntts, McAllister, McCants, McClure, McClellan, McKinney, McLeod, McLucas, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Northen, Palmour, Patterson, Peek, Polhill, Post, Quillian, Rainey, Rawlins, Reese, Render, Rice, Ritchie, Roney, Sapp, Sellars, Scruggs, Shockley, Singleton, Silman, Smith of Union, Spence, l5pearman, Stanford, Summerlin, Sweat, Tharpe, Thompson, Turner of Floyd, Twiggs, Walker of Jasper, Whittle, "\Vilkinson, Wilson of Camden, Wingfield, Withrow, Wright, Youngblood, Zachry, Zellars-117.

SATURDAY, SEPTEMBER 3, 1881.

703

Those voting in the negative are Messrs.-Anderson of Cobb, Christie, Hutchins, Miller. Mitchell, Walker of Crawford, Wheeler-7.

Those not voting are Messrs.-
Anderson of Newton, Bates, Bennett, Branson, Brinson, Broyles, Bull, Burch, Coffin, Cook, DuPree of Macon, Estes, Farnell, Gaskins, Glover, Gray, Hagen, Harp, Heath, Hightower of Early, Hightower of Stewart, Hnnt, Jackson of Carroll, Keil, Lamar, Martin of Houston, Mays of Richmond, McBride, Mcintosh, Middlebrook, Nichols, Orr, Park, Perkins, Price, Rankin, Robins, Smith of Oglethorpe, Stapleton, Story, Strother, Sumner, Turner of Monroe, Turnipseed, Walker of Berrien, Williams, Willingham, Wilson of Bulloch, Wilson of Greene, Winslow, Mr. Speaker-51.

So the requisite constitutional majority having voted in the affirmative, the resolution, as amended, was agreed to.
Leave of absence was granted to Mr. Foster until '\Vednesday next, on business.
The resolution, just agreed to, was, on motion of :Mr. DuBignon, ordered at once transmitted to the t3enate.
On motion of Mr. Bacon, of Chatham, the rules were suspended and the following House bill re-com .mitted to the Special Committee on the Judiciary, towit:
No. 919, in reference to obstructing the passage .oflumber in rafts on any water course.
Mr. Polhill, chairman S:[~ecial Committee on the .Judiciary, submitted the following report:

..Mr. Speaker: The Special Committee on the J udioiaTy has bad

704

JOURNAL OF THE HOUSE,

under consideration the following bill, which it recommends do pass, proofs being correct, to-wit:
..A. bill to provide for an election to determine if the sale of intoxicating spirits shall be prohibited in the county of Worth in said State, proofs correct.
Also, a bill to provide compensation for the Commissioners of Roads and Revenues, for the county of Dougherty, proofs correct.
Also, the following bill, which it recommends do pass, by substitute, proofs being correct, to-wit :
..A. bill to prohibit State and County School Commissioners and other persons from being book agents, etc.
Also, a bill to prohibit the sale of intoxicating liquors in Burke county.
Also, the following bill which it recommends introducer be allowed. to withdraw, proofs being insufficient, to-wit:
..A. bill to prohibit hunting or fishing on the lands of another in the county of Tatnall, in this State.
Respectfully submitted, J. H. PoLHILL, Chairman.

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

Mr. Speaker :
The Committee on Finance have had under consideration the follo'Ying bill, which they instruct me, as their chai1man, to report, with the recommendation tl1at it do pas!), to-wit:
A bill to be entitled an.act to provide for the electrotyping of all Reports of the Supreme Court of Georgia, hereafter published.
Also, the following bills, which they recommend do pass, as amended, to-wit: . ..A. bill to be entitled an act to appropriate five thou-

SATURDAY, SEPTEMBER 3, 1881.

705

sand dollars for the repair of the public buildings at

Milledgeville, in said State.

.

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

Governor to audit and pay a claim in favor of M. L.

D. Pittman, Alabama, for one thousand dollars.

Also, the following rPsolution, to-wit:

A. resolution in relation to the property of the Geor-

gia State Lottery.

The committee instruct me to return the following bill, with the recommendation that the introducer be allowed to withdraw it, as the necessity for issuing bonds, under the act sought to be repealed, no longer exists, to-wit:
A. bill to be entitled an act to repeal an act to authorize the issue of bonds of the State of Georgia for theredemption of certain bonds of the State, and to reduce interest, approved December 14, 1878.
Respectfully submitted, N. L. HuTCHINS, Chairman.

Mr. Estes, chairman of the Committee on Corporations, submitted the following report :
Mr. Speaker :
The Committee on Corpoutions havo had under consideration the following bills, which tlwy recommend do pass, as amended, to-wit :
A. bill for the incorporation of companies formed within this State, to navigate the ocean, seas and riveis by steam vessels.
Also, a bill to provide for the registration of voterst to vote at municipal elections in the city of Savannah.
Also, a bHl b incorporate the Romney Marsh Canal and Navigation Company.
Proper proofs have been before the committee, as to all these local bills.
Respectfully submitted, J. B. EsTEs, Chairman. .
45

706

J ou~NAL oF THE HousE,

ThA following message was received from his Excellency the Governor, through Mr. Avery, his Secretary:

Mr. Speaker :
The Governor has approved and signed the following acts:
An act to incorporate the Cincinnati and Georgia Railroad Company, and to define its rights, powers and privilPges, and for other purposes.
The following House bills, with Senate amendments, were taken up and Senate amendments concurred in, to-wit:
A bill to confer certain powers upon the Intendant and Commissioners of the town of Greenville, with reference to the sale of liquors.
Also, a bill to incorporate the Athens Mutual Insurance Company.
Mr. Barnes offered the following resolution, to-wit: A resolution that, when the House adjourn to-day, it adjourn at 12 o'clock m. until 10 o'clock Monday next. Mr. Wheeler moved to lay the resolution on the table. The motion did not prevail. Mr. Davis, of Lumpkin, movAd to amend by striking -out 10 and inserting 9. The amendment was adopted. Mr. Jemison moved tv strike out 12 and insert 1. The amendment was not adopted. Mr. Roney called for the yeas and nays on the question of agreeing to the resolution; the call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, .Arrington, Awtry, .Bacon of Chatham, Barnes, Barrow, Basinger, Broyles, .Cameron, Carithers, Clark, Cook, Davis of Lumpkin,

SATURDAY, SEPTEMBER 3, 1881.

707

Denton, DuBignon, Edwards, Estes, Farnell, Feagin, Flynt, Fordham, Fuller, Gaskins, Goodrich, Hale, Hall, Heard, Heath, Hill, Hillyer, Hutchins, Jackson of Richmond, .James, Janes, Johnson of Johnson, Johnson of Lee, Jones of DeKalb, Julian, Kennedy, Lonnon, Lester, Martin of Talbot, McAllister, McClure, McKinney, McLucas, Moore of Hancock, Moore of Taliaferro, Northen, Palmour, Peek, Post, Quillian, Render, Rice, Ritchie, Sapp, Scruggs, Shockley, Silman, Spearman, Stanford, Summerlin, Turner of Floyd, Walker of .Jasper, Whittle, Wingfield, Youngblood, Zachry, Zellars-71.
'fhose voting in the negative are Messrs.Bird, Branch, Branson, Christie, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Day, Dial, DuPree of Pike, Henry. Jemison, Kimsey, Lamb, Lewis, Little, Maddox, Mays of Butts, McCants, Miller, Mitchell, Milner, Morrow, Polhill, Rainey, Rawlins, Reese, Roney, Sellars, Singleton, Smith of Union, Spence, Sweat, Tharpe, Thompson, Walker of Crawford, Wheeler, Wilkinson, Wilson of Camden, Withrow-42.
Those not voting are Messrs.Anderson of Newton, Bates, Beatty, Bennett, Brewer, Brinson, Bull, Burch, Carter, Coffin, DuPree of Macon, Dyer, Dykes, Foster, Garrard, Glover, Gray, Hagen, Hammond, Harp, Harrell, Hester, Hightower of Early, Hightower of Stewart, Hunt, Jackson of Carroll, Jones of Baker, Keil, Lamar, Martin of Houston, Mathews, Mays of Richmond, McBride, McClellan, Mcintosh, McLPod, Middlebrook, Moore of Pierce, Nichols, Orr, Park. Patterson, Perkins, Price, Rankin, Robins, Smith of Oglethorpe.. Stapleton, Story, Strother, Sumner, Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, Williams, Willingham, Wilson of Bulloch, Wilson of Greene, Winslow, Wright, Mr. Speaker-62. So the resolution, as amended, was agreed to.

708

JouRNAL oF THE HousE,

On motion of Mr. Sweat, the following bill was. made the special order for Thursday next, immediately after reading the Journal, to-wit :
A. bill to better preserve the peace in localities where there are no police kept.
The following bill was made the special order for Thursday next, to follow the bill above set forth, towit:
A. bill to prohibit the sale of intoxicationg liquors within three miles of any church or school house not in any inct>rporated town.
The following bill was made the special order for Tuesday nt>xt, immediately after the reading of the Journal, to-wit:
A. bill to apply all moneys received by the Department of Agriculture for inspecting fees, in excess of what is necessary for expenses, to the common school fund.
The following bill was read the third time and the report of the committee was agreed to, to-wit:
A. bill to refer to the legal voters of the several counties in this State, the question of assessing a tax on dogs, and to apply the procet>ds thereof to the common school fund.
Mr. N orthen called for the yeas and nays on the question of the passage of the bill ; the call was sustained, and the yeas and nays ordered.
Mr. N orthen moved to postpone the further consideration of the bill till Thursday, which motion did not prevail.
Mr. Milner moved to indefinitely postpone the bill ; motion did not prevail.
On motion of Mr. Lester, the bill was made special order for Friday next, the 9th inst., immediately after the reading of the Journal.
On motion of Mr. Barrow, the following bill was

MoNDAY, SEPTEMBER 5, 1881.

709

Te-committed to the General Committee on the Judiciary, to-wit :
A bill to amend an act to make it not unlawful to sell, by rPtail or otherwise, any domestic wines by the manufacturer thereof in this State, and to exclude the same from the operations of the license and penal laws of this State, and for other purposes therein mentioned, approved February 27, 1877, so as to include wines manufactured from blackberries.
Leave of absence was granted to Messrs. Quillian, Hightower of Early, Thompson and Garrard, on ac()Ount of sickness ; to Messrs. Robins, Post, Tharpe, Shockley, Cook and Bird, on business.
The House then adjourned till 9. a. m., Monday .morning.

ATLANTA, GEORGIA,
Monday, September 5, 18tl1.
The House met pursuant to adjounment, was called to order by the Speaker and opened with prayer by the Chaplain.
The roll was called and the following memberA present:
Those present are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Bacon of Chatham, Barnes, Basinger, Beatty, Bennett, Branch, Branson, Brewer, Brinson, Broyles, Cameron, Carter, Christie, Crozier, Crumbley, Daniel, Davis of Lumpkin, Day, Denton, Dial, DuBignon, Dyer, Dykes, Edwards, Estes, Farnell, Feagin, Fordham, Fuller, Gaskins, Goodrich, Gray, Hagen, Hale, Hall, Hammond, Harrell, Heard, Heath, Henry, Hester, Hill, Hillyer, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison,

710

JouRNAL oF THE RousE,

Johnson of Johnson, Johnson of Lee, Jones of Baker7 Jones of DeKalb, Julian, Kennedy, Kimsey, Lamb, Lonnon, Lf'ster, Lewis, Little, Martin of Houston7 Martin of Talbot, Mathews, Mays of Butts, McAllister, McCants, McClure, McClellan, McLeod, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock7 Moore of Pierce, Moore of Taliaferro, Morrow, Orr, Palmour, Park, Patterson, Peek, Polhill, Rainey, Rawlins, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Scruggs, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spece, Stanford, Stapleton, Summerlin, Sweat, Turner of Floyd, Turner of Monroe, Twiggs, Walker of Berrien, "\Valker of Crawford, Walker of JaspPr, Whittle, Willingham, Wilkinson, Wilson of Camden, Wingfield, Winslow, Withrow, vVright, Youngblood, Zachry, Mr. Speaker -125.

Those absent are Mt>ssrs.-
Barrow, Bates, Bird, Bull, Burch, Carithers, Clark, Coffin, Cook, Crawford, Davis of Habersham, DuPree of Macon, DuPree of Pike, Flynt, Foster, Garrard, Glover, Harp, Hightower of Early, Hightower of Stewart, Hunt, Hutchins, Keil, Lamar, Maddox, Mays of Richmond, McBride, Mcintosh, McKinney, McLucas, Nichols, N orthen, Perkins, Post, Price, Quillian, Rankin, Shockley, Spearman, Story, Strother, Sum- ner, Tharpe, Thompson, Turnipseed, Wheeler, Williams, Wilson of Bulloch, Wilson of Greene, Zellars-50.

Mr. Barrell, chairman of the Committee on Jour nals, reported the Journal of Saturday examined and approved.
The Journal was then read and approved. Mr. Jemison gave notice of a motion to reconsider.
Mr. Jemison moved to reconsider so much of the' Journal as relates to the action of the House, upon a.

MoNDAY, SEPTEMBER 5, 1S81.

711

resolution changing the rules so as to give precedence to local bills, favorably reported, and to Senate bills, and House bills with Senate amendments.
The motion to reconsider prevailed, and the resolution was then laid on the table.
Mr. Rice offered the following resolution, which was read the first time and referred to the Committee on Finance, to-wit:
A resolution remitting one-half of the State tax for the year 1881.
By a two-thirds vote-yeas 93. nays noiH~--the fol..: lowing bill was introduced, and by a two-thirds voteyeas 94, nays none-read the first time and referred to the Committee on Railroads, to-wit: By Mr. Mays, of Butts-
A bill to incorporate the Indian Springs Railroad Company.
Leave of absence was granted to Mr. Barrow, on account of a death in his family, and to Mr. Sumner, on account of sickness in his family, and to Messrs. Northen and Wheeler, on business.
Mr. McCants, by permission, withdrew House bill No. 983.
Mr. Patterson withdrew House bills Nos. 792 and 822. Mr. McLeod withdrew House bill No. 678.

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report :
Mr. Speaker:
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives and President of the Senate, and delivered to his Excellency the Governor, the following act, towit:
An act to amend an act to establish a new charter

712

JOURNAL OF THE HoUSE,

for the eity of Atlanta, approved Febru!try 28, 1874, and the several acts amendatory thereof.
Respectfully submitted, J. L. SwEAT, Chairman.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 97, nays none- to-wit:
A bill to enlarge the jurisdiction of the City Court of Savannah, to prevent the Jndge thereof from practicing law, and for other purposes.
The following hill 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 regulate the practice in equity causes, referred to Masters in Chancery, and to prescribe the mode of trial of exceptions filed to the reports of Masters in Chancery, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law wer~ f\Xhibited and the bill passed, as amended, by the requisite constitutional majority-yeas 98, nays none-to-wit:
A bill to amend the several acts incorporating the city of Macon, to abolish the Mayor's Court of said city and create and establish in lieu thereof a Recorder's Court for said city, to define the jurisdiction of such court, to provide for the election of a City Recorder, and for other purposes.
On motion of Mr. Milner, the following bill was laid on the table, to-wit, No. 579:
A bill to amend the charter of Cartersville.
On motion of Mr. Willingham, House bill No. 637 was taken from the table and resumed its place on the calendar.

MoNDAY, SEPT.RMBER 5, 1881.

713

The following bill was read the third time, the substitute reported by the committee was adopted, and the report of the committee was agreed to, to-wit:
A bill to make intoxication, under certain circumstances, a misdemeanor, and for other purposes.
Mr. Branson moved to reconsider the action of the House in agreeing to the report of the committee. The motion to reconsider did not prevail.
On the question of the passage of the bill, Mr. Anderson, of Cobb, called for the yeas and nays. The call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Anderson of Cobb, Barnes, Beatty, Branson, Brinson, Carter, Christie, Clark, Crozit>r, Crumblt>y, Den ton, Dyer, Dykes, Edwards, Fuller, Gaskins, Goodrich, Gray, Hall, Hillyer, Martin of Houston, Martin of Talbot, McAllister, McClellan, Middlebrook, Mitchll, Moore of Taliaferro, Roney, Sellars, Smith of Union, Spence, Summerlin, Sweat, Turner of Monroe, Walker
of Berrien; Walker of J asp~r. Wilkinson, Wilson of
Camden, Wright, Youngblood-40.

Those voting in the negative are Messrs.-
Adderton, Anderson of Newton, Arrington, Awtry, Bacon of Chatham, Branch, Brewer, Broyles, Cameron, Daniel, Davis of Lumpkin, Dial, DuBignon, Estes, Farnell, Feagin, Fordham, Hale, Hammond, Harrell, Heard, Heath, Henry, Hill, Jackson of Carroll, Jackson of Richmond, James, Jemison, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKa.lb, Julian, Kennedy, Lamb, Lonnon, Lester, Lewis, Little, Mays of Butts, McCants, McClure, McLeod, Miller, Milner, Moore of Hancock, Moore of Pierce, Orr, Palmour, Park, Patterson, Rainey, Rawlins, Reese, Rice, Ritchie, Robins, Sapp, Scruggs, Singleton, Silman, Smith of Oglethorpe, Stanford,

714

JOURNAL OF THE HOUSE,

Turner of Floyd, Twiggs, Walker of Crawford, Whittle, Willingham, Wilson of Greene, Wingfield, Withrow-71.
Those not voting are Messrs -
Barrow, Basinger, Bates, Bennett, Bird, Bull, Burch, Cuithers, Coffin, Cook, Crawford, Davis of Habersham, Day, DuPree of Macon, DuPree of Pike, Flynt, Foster, Garrard, Glover, Hagen, Harp, Hester, Hightower of Early, Hightower of Stewart, Hunt, Hutchins, Janes, Keil, Kimsey, Lamar, Maddox, Matllews, Mays of Richmond, McBride, Mcintosh, McKinney, McLucas, Morrow, Nichols, Northen, Peek, Perkins, Polllill, Post, Price, Quillian, Rankin, Render, Shockley, Spearman, Stapleton, Story, Strother, Sumner, Tharpe, 'rhompson, Turnipseed, Wheeler, Williams, wilson of Bulloch, Winslow, Zachry, Zellars, Mr. ::5peaker-64.
So thA bill was lost.
On motion of Mr. Turner, of Monroe, House bill No 455 was taken from the table and resumed its place on the calendar.
Mr. Sweat, chairman of the Committee on Enroll ment, submitted the following report:
Mr. Speaker : The Committee on Enrollment report as duly en-
rolled, signed by the President of the Senate, and re::tdy for the signature of the Speaker of the House of Representatives, the following acts, to-wit:
An act for the more certain levy and collection of the county tax in this State.
Also, an act to amend an act to confer additional powers and privileges upon purchasers of railroads, under the provisions of an act to enable the purchasers of railroads to form corporations, and for other purposes, approved February 29, 1876.
Respectfully ~ubmitted, J. L. SwEAT, Chairman.

MoNDAY, SEPTEMBER 5, 1881.

715

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

Mr. Speaker:
I am directed by his Excellency the Governor, to deliver to the House of Representatives a communication in writing, with accompanying document.
On motion of Mr. .A.dderton, the communication from the Governor, with the accompanying document, was taken up and read.

EXECUTIVE DEPARTMENT, .A.1.'LANTA, GA., Sept. 5, 1881.
To the General Assembly:
I deem it my duty to inform the Genera] Assembly that, in common with the Executives of other States of the Union, I have issued a proclamation inviting the people of Georgia to assemble at their respective places of worship on Tuesday, the 6th instant, between the hours of 10 o'clock a. m. and 12 o'clock m. and unite in supplication to Almighty God for the restoration to health of President Garfield.
.A copy of that proclamation is respectfully transmitted.
ALFRED H. CoLQUITT.

PROCLAMATION.

STATE OF GEORGIA:
BY ALFRED H. CoLQUITT, Governor of said State.
Satisfied as I am of the profound and painful solicitude which pervades the entire mass of our people in regard to the condition of our President, I do most readily comply with the suggestion which is made, and earnestly invoke the good people of Georgia to devote the hours between 10 o'clock a. m. and 12m., Tuesday, the 6th of September, to prayer and suppli-

'716

JouRNAL oF THE HousE,

cation to Almighty God that he would mercifully -spare the life of our President ; that he would raise him up and restore him to perfect health, to be a blessing to our common country, and that the present grievous affliction may be turned into good and this chastening to us result in a permanent blessing in its influence upon the hearts of our people.
Given under my hand and the seal of the Executive Department, at the capitol in Atlanta, this 5th day of September, 1881. ALFRED H. CoLQI.JITT, Governor.
By the Governor : J. W. WARREN, Sec. Ex. Dept.

Mr. Crozier offered the following resolution, which was read and agreed to, to-wit:
A resolution providing for an adjournment from 10 -o'clock a. m. to 4 o'clock p. m. to-morrow.
Also, the following joint resolution, which was read and agreed to, and ordered at once transmitted to the Senate, to-wit:
A resolution to appoint a committee of two from the Senate and three from the House to arrange for religious services for to-morrow, ::;eptember 6, 1881.
The Speaker appointed as the committee on the part -of the House, Messrs. Crozier, Barnes and Hester.

The following message was received from his Excellency the Governor, through Mr. Avery, his Secrtary:

Mr. Speaker :
The Governor has approved and signed the following acts, to-wit:
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.
Also, an act for the more certain levy and collection -of the county tax in this State.

MONDAY, SEPTEMBER 5, 1881.

717

Also, an act to amend an act to confer additional powers and privileges upon purchasers of railroads, etc., by giving to said purchasers time to finish said roads.

Mr. Sweat, 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 authorize the corporation of the city of 8andersville to lt>vy a tax for the purpose of establishing and maintaing public schools in said city.
Also, an act to fix the time of holding the courts in the various counties, composing the Northeastern Judicial Uircuit of this State.
Also, an act to prohibit the buying, selling, delivering or receiving of any farm products therin specified between sunset and sunrise in the county of Bibb, without the limits of the city of Macon.
.Also, an act to provide for the payment of extra compt>nsation to the Sheriff and Clerk of the Superior Court of Burke county, Georgia.
.Also, an act to amend an act to incorporate the Nationa} Mercantile Debt Assurance Company, approved October 17, 1879, to change its name, and for other purposes.
Also, an act to authorize and empower the Intendant and Commissioners ofthe town of Greenville, m this State, to regulate the sale of spirituous, malt and vinous liquors within the corporate limits of said town, and to submit the question of prohibition or no prohibition to the qualified voters of said town.
Also, an act to authorize the Board of Commissioners of Newton county to levy a tax of two hundred

718

J 0 UHNAL OF THE HOUSE,

per cent. on the State tax of Newton county, for the purpose of paying the present indebtedness of said county.
Also, an act to incorporate the Athens Mutual Insurance Company.
Also, an act to change and fix the time of holding the Superior Courts in the counties of Pickens, Gilmer and Fannin, in the Blue Ridge Judicial Circuit of this State.
Also, an act to appropriate money for the purpose of enlarging the Lunatic Asylum of this State, and for other purposes.
Respectfully submitted, J. L. SWEAT, Chairman.

The following biil was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee, was agreed to, and the bill passed, as amended, by the requisite constitutional majority-yeas 89, nays 4-to-wit:
A bill to prohibit the sale of intoxicating drinks of vinous, malt or spirituous liquors, in any quantities whatever, within two miles of any church within the corporate limits of the town of Forsyth.
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 provide for the electrotyping of all reports of the Supreme Court, hereafter published.
The following message was received from !the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker :
The Senate has passed the following bills of the House, to-wit:
A bill to amend the charter of the Savannah, Florida.

o, MoNDAY, SEPl'EMBER 1881.

719

and Western Railway Company, which was passed by a constitutional majority of yeas 23, nays none.
Also, a bill to incorporate the Mill Town Branch Railroad Company, which was passed by a constitutional majority of yeas 24, nays none.
The Senate has refused to pass the following bills of the House, to.wit:
A. bill to amend an act approved October 17, 1879, to carrv into effect paragraph 11, section 17, article 6, <>f the Constitution.
Also, a bill to allow the burning of woods between February 10 and April 15, of each year, in the county <>f Coffee.
The Senate has concurred in the following resolution <>f the House, to-wit:
A. resolution appointing a committee to make arrangements for service in the House of Representatives, Tuesday the 6th inst., and have appointed on the pan <>f the Senate Messrs. MeWhorter and Story.

On motion of Mr. vVilson, of Greene, the following bill was taken from the table and read the third time, the proofs of the publication of the notices required by law were exhibited, 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 to amend an act to create a Board of Commissioners for the county of Greene, approved February 19, 1876.
On motion of Mr. Miller, House bill No. 618 was re-committed to the General Committee on the Judiciary.
The following bill was read the t}lird time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was .agreed to, and the bill passed, as amended, by the

720

JouRNAL OF THE HousE,

requisite constitutional majority-yeas 98, nays none -to-wit:
A bill to incorporate the Broad River Railroad, and for other purposes.
The following bill was read the third time, th.:l report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and tbe bill passed by the requisite constitutional majority-yeas 93, r.ays none-to-wit:
A bill to incorporate the Augusta Canal and Savannah River Steamboat Company, and for other purposes.
The following bill was read the third time, the report of the committee wao agreed to, the proofs of the publication of the notices required by law were exhibited and tbe bill passed by the requisite consti tutional majority-yeas 97, nays none-to-wit:
A bill to amend an act to regulate the time for which the Mayor of the city of Augusta shall hold office, and for other purposes, approved February 23, 1876.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yea~ 92, nays none-to-wit:
A bill to amend an act to incorporate the Citizens' Bank of Augusta, approved December 7, 1880.
House bill No. 645 was re-committed to the General Committ.,e on the Judiciary.
.A memorial fr>m Chas. P. McCalla was referred to the Comtuittee on l!'inance.
The following bill was read the third time, the report of the committee was agreed to, the proofs ofthe publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 93, nays none-to-wit:
A bill to incorporate the town of MeVille, in the

MoNDAY, SEPrEMBER 5, 1881.

721

counties of Telfair and Montgomery, and to grant certain powers and privileges to said town, and for other purposes.
On motion of Mr. Hammond, House bill No. 651 was laid on the table.
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 92, nays none-to-wit :
.A bill to provide methods of service and to determine the venue in suits against telegraph companies in this State.
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 92, nays none-to-wit:
.A bill to change the time of holding the Superior Court in the county of Troup.
The following bill was read the third time, the report o~ the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite c.. nstitutional majority-yeas 92, nays none-to-wit:
.A bill to prohibit the sale of intoxicatiJ;~ liquors of any and every kind within two miles of the Baptist and Methodbt churches in the village of Long Cane, Troup county, Ga., and to provide a penalty tb.erefor.
The following bill was read the third time, the report qf the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, by the rl:'q uisite constitutional majority-yeas 96, nays none-to-wit:
A bill to amend the charter of the town of Decatur.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhib-
46

?22

JouRNAL 0]' THE HousE,

ited, and the bill passed, as amended, by the requi. :Site constitutional majority-yeas 100, nays non~to wit:
A bill to prohibit the sale of intoxicating liquors, in :any quantity, within two miles of Prospect church, in the county of DeKalb.

The following bill was read the third time, the report of th11 committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 94, nays none-to-wit:
A bill to prohibit the salt of spirituous, vinous and malt liquors, except for medicinal, mechanical and sacramental purposes, in the county of Walton, and to provide for holding an election, at which the question of such prohibition shall be submitted to the qualified voters of said county.

The following bill was read the third time, thereport of the committee was argeed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 96, nays none-to-wit:
A bill amending an act incorporating the town of 'Tennille.

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 102, nays 3-to-wit:
A bill to prevent the practice of hunting for deer in the night time by fire-light, and providing a penalty therefor.

On motion of Mr. Hillyer, House bill No. 992 was . re-committed to the Committee on Corporations.

Mr. Smith, of Oglethorpe, chairman on the part of

MONDAY, SEPTEMBER O, 1881.

723

the Honse of the Special Committee on Adjournment, "Submitted the following report:

Mr. Speaker :
The Special Committee on Adjournment beg leave to submit the following report, to-wit
There are now on the Clerk's desk 637 bills and res{)}utions (an exhibit of which is hereto attached) and there undoubtedly will be contests over some bills, both favorably and unfavorably reported, but the ~om mittee are of the opinion that if the House will hold three sessions daily-morning, afternoon and night-the business may be disposed of by Friday, the 23d inst., and for these reasons the committee rec{)mmend the adoption of the following resolutions:
1. Resolsed, That this Honse do adjourn sine die at 12 o'clock, midnight, on Friday the 23d September in st.
2. Resolved, That with a view of dispatching business, the House will hold three sessions daily as follows, to- wit :
From 9 a. m. to 1 p. m. From 3-! to 6-! p. m.
From 8 to tot p.m.
All of whiuh is respectfully submitted, J A~IES M. s~nTH, Chairman. SAMUEL II. JEMISON, J. V. SMITH.

House bills third reading ............. _. . . . . . . . 179 House bills second reading. . . . . . . . . . . . . . . . . . . . . 28 House bills second reading (adversely reported).. 190 House bills on table. . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 House bills with Senate amendments. . . . . . . . . . . . 1 Honse bills in committees. . . . . . . . . . . . . . . . . . . . . . 208

Total..................................... 637
Senate bills first reading. . . . . . . . . . . . . . . . . . . . . . . 1 Senate bills second reading. . . . . . . . . . . . . . . . . . . . . 7

724

JouRNAL o~ THE HousE,

Senate bills third reading. . . . . . . . . . . . . . . . . . . . . . 2() Resolutions................................... 1g

Total..................................... 45
Total bills introduced..........................1,053 Total resolutions introduced..... . . . . . . . . . . . . . . . 130

Total bills and resolutions.............. :..1,183 Disposed of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 546

On hand ...................................... 637
Mr. Swf'at offered an amendment striking out "midnight" and inserting "meridian."
On motion of Mr. Jemison, the report was made the special ordt>r for to-morrow, Tuesday, immediately after reading the Journal.
Leave of absence was granted to Messrs. Spence and Price, on business.
The House then adjourned till 4 o'clock p. m.

4 O'CLOCK. P.M.
The Honse re-assembled, the Speaker in the chair. The roll was called and a quorum found to be present. On motion of Mr. Hammond, the rules were su~ pended for the purpose of reading Senate bills the first time, and House bills, favorably reporhd, the second time.
The following Senate bills were read the tirst time, and referred as specified, to-wit:
.A. bill to incorporate railroad companies in this State, and prescribe the powers, rights, duties and liabilities of the same.
Referred to the Committee on Railroads.

MoNDAY, SEPTEMBER 5, 1881.

725

Also, a bill to regulate the practice and to prescribe the form of the pauper oath in carrying cases. to the Supreme Court of this State, where the plaintiff in error is unable to pay costs in said court.
Referred to the General Committee on the Judiciary. Also, a bill to punish the stealing of a bale or more of cotton, and for other purposes. Referred to the General Committee on the Judiciary.
Also, a bill to provide an additional mode for the enforcement of liens of mechanics, contractors, materiltl men and persons furnishing material, and machinists and manufacturers specified in section 1979 of the Code of 1873.
Referred to the General Committee on the Judiciary.
Also, a bill to repeal the last clause of section 441 of the Code of 1873, and to amend said section in so far as the same declares eligible and qualified for the office of Justices of tbe Peace.
The following bills were read the second time, towit:
A bill to prohibit State and County School Commissioners, and other persons from being book agents.
.Also, a resolution in relation to the property of the Georgia State Lottery.
.Also, a bill to appropriate $5,000 for the repair of the public buildings at Milledgeville.
Also, a bill to order an election to determine if the sale ofintoxicating spirits shall be prohibited in the county of Worth.
Also, a bill to provide for the registration of voters to vote at municipal elections in the city of Savannah, to fix, regulate and determine the time, place and manner in which such elections shall be held, to prescribe the q ualitications of voters at all such elections .and to provide suitable penalties for all violations thereof.
Also, a bill to amend an act to provide for the reg.

726

JoURNAL o~ THE Hou~E,

ulation of railroad tariffs in this State, etc., approved

October 14, 1879.

Also, a bill to confer additional powers on incorpo-

rated towns and villages of this State.

Also, a bill to amend section 1562 of the Code or

Georgia, in reference to the inspection of grain.

Also, a bill to chartt"'r the Middle Georgia Railroad

Company, to extend from Sandersville or Tennille to-

Union Point, on the Georgia Railroad.

Also, a bill to authorize the Governor to audit and

pay a claim in favor of M. L. D. Pittman, of Alabama,

for $1,000.

Also, a bill to incorporate the Covington and North

Georgia Railroad Company, and to grant certain pow-

ers and privileges to the same.

Also, a bill to amend an act to provide for the pay-

ment of ct-rtain insolvent rriminal costs in the North-

ern Judicial Circuit, and for other purposes, so as to

provide that all moneys hereafter recommended by

any grand jury of the county of Hancock shall be

paid from the county treasury fc.r insolvent criminal

costs, and pro rata upon the accounts of all the of-

ficers of the Superior Court, in the manner that fines



and forfeitmes are now distributed in that court. Also, a bill to provide compensation for the Sheriff

of the Supreme Court in pauper cases.

Also, a bill to establish a branch College of Agri-

culture, etc., at Hamilton, in this State.

Also, a bill to amend section 4368 of the Code.

Also, a bill to rt>peal an act to incorporate the Bap-

tist Convention of Georgia, etc., approved December

23, 1838, so far as said act relates to the government

of the town of Penfield, and to provide a corporate

government for said town.

Also, a bill to prescribe the mode and manner of

making returns by insurance companies to the Comp-

troller-General, and for other purposes.

Also, a bill to incorporate the Monticello and Trans-

MoNDAY, f::lEPTEMBER 5, 1881.

727

Ocmulgee Railroad Company, and to confer certain privileges on the same.
.Also, a bill to change the fiscal year and to provide when official reports shall be made, and for other purposes.
.Also, a bill to require the chairman of the House Committee on Finance to keep a register of certain bills, and for other purposes.
.Also, a bill to prohibit the distillation of any grain in the State of Georgia for twelve months, and to provide a punishment thl::'refor.
.Also, a bill to amend section 4505 of the Code of Georgia.
.Also, a bill to incorporate the Romney Marsh Canal and Navigation Company, to grant certain privileges therein named, and for other purposes.
.Also, a bill to amend section 3214 of tbP Code of this State, relative to practice in the Supreme Court.
Mr. Crozier, chairman on the part of the House, of the joint committee of the two houses, to make suitable arrangements for religious services for the 6th inst.t submitted thA following report :

Mr. Speaker. :
The joint committee of the two houses, appointed to make suitable arrangements for religious services on the 6th inst., in compliance with the proclamation of his Excellency the Governor this day, beg leave to submit the following report, to-wit:
'fhere will be three brief addresses in the hall of the House of Representatives to begin at l()i o' 9lock a. m., with the following programme, to-wit:
Voluntary by the choir. Prayer by Rev. Dr. Jones. Mu8ic . .Address and prayer by Rev. Dr. Martin. Music.

728

JOURNAL OF THE HOUSE,

Address and prayer by Rev. C. A. Evans. Music. Benediction. All of which is respectfully submitted,
R. L. McWHoRTER, Chairman. R L. STORY. R. D. CROZIER, Chairman. H. T. HESTER, W. J. BARNES.

On motion, the House adjourned till 9 a. m. tomorrow.

ATLANTA, GEORGIA, Tuesday, September 6, 1881.
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 were absent:
Those absent are Messrs.-
Bacon of Chatham, Rtrrow, Bates, Bird, Coffin, Foster, Hagen, Harp, HightowPr of Stewart, Hunt, Hutchins, KPil, Kennedy, Maddox, Mcintosh, Nichols, N orthen, Perkins, Price, Quillian, Rankin, Shockley, Spence, Stapleton, Story, Sumner, Tharpe, Thompson, Turnipseed, Williams, Wilson of Bulloch-31.
Those present are Messrs.-
..Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Barnes, Basinger, Beatty, Bennett, Branch, Branson, Brewer, Brinson, Broyles, Bull, Burch, Cameron, Carter, Carithers, Christie, Clark, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Den-

TUESDAY, SEPTEMBER 6, 1881.

729

ton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Farnell, Feagin, Flynt, Fordham, Fuller, Garrard, Gaskins, Glover, Goodrich, Gray, Hale, Hall, Hammond, Harrell, Heard, Heath, Henry, Hester, Hightower of Early, Hill, Hillyer,Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Martin of Houston, .Martin of Talbot, MathPws, Mays of Butts, Mays of Richmond, McAllister, McBride, McCants, McClure, McClellan, McKinney, McLeod, McLucas, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Orr, Palmour, Park, Patterson! Peek, Polhill, Post. Rainey, Rawlins, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellar~:c~, Scruggs, Singleton, Silman, Smith of Oglethorpe, ~mith of Union, Spearman, Stanford, Strother, Summerlin, Sweat, Turner of Floyd, Turner of Monrof', Twiggs, Walker of Berrien, Walker of Crawford, Walker of Jasper, Wheeler, Whittle, Willingham, Wilkinson, Wilson of Camden, Wilson of Gref'ne, Wingfield, \Vinslow, vVithrow, Wright, Youngblood, Zachry, Zellars, Mr. Speaker-144.
Mr. Heath, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
Mr. Milner, chairman pro tem. of the General Committee on the Judiciary, submitted the following re. port:
Mr. Speaker:
The Genetal 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 for the better protection

730

JouRNAL OF THE HoUSE,

of creditors in cases of voluntary assignments by insolvent debtors.
Also, Senate bill to amend section 2048 of the Codeof 1873.
Also, Senate bill to provide for the restoration of the last previous name of the wife in all divorct> cases now pending or hereafter brought, wherein the wife may pray for the same and a total divorce shall be granted.
The committee recommend that the following bills do pass, by substitute, to wit :
A bill to amend section 4424 of the Code, so far as relates to the penalty for larceny after trust of not more than $25 in value.
Also, a biil to require the several Judges of the Superior Courts of this State to give their charges to the jury in writing.
The following bills, with the recommendation that the introducers be allowed to withdraw, to-wit:
A bill to allow defendants in error to except and assign error in cases carried to the Supreme Court.
Also, a bill to amend the l 1onstitution of the State. rel"ative to the election of certain officers.
Also, a bill to amend the Constitution of this State. Also, a bill to amend section 4258 of the Code in reference to the signing of bills of exceptions.
The following bill is returned, with the request that it be referred to the Committee on Finance, to-wit:
A bill to add a proviso to section 020 of the Code relating to the fees of Tax Collector& for collecting State and county taxes.
The committee report the following bills, with therecommendation that they do not pass, to-wit :
A bill to add an additional exception to section 3854 of the Code touching the competency of witnesses.
Also, a bill to make penal the unlawful employment of minors.

TUESDAY, SEPTEMBER 6, 1881.

731

Also, a bill to amend section 610 of the Code of 1873.
Also, a bill to authorize a change of venue in civil or criminal cases, and for other purposes.
Also, a bill to fix the precincts at which each and all voters of this State shall vote, and to prescribe punishment for violation of the same.
Also, a bill to repeal so mach of an act entitled an act to prescribe the manner of fixing the compensation of jurors and Bailiffs in all counties of this State, approved October 11, 1879, as relates to compensation of Bailiffs, etc.
Also, a bill to amend the Constitution of this State. Also, a bill to require plaintiffs in divorce cases to deposit the costs with the Clerk, and for other purposts. Also, a bill to change and modify paragraph 6, section 5, article 3 of the Constitution, which limits each session of the Legislature to 40 days, and for other purposes. Also, a bill to provide an additional and more speedy remedy against trespassers upon the lands of another. Also, a bill to provide for the payment of cost dne Justices of the P1-ace, Bailiffs and Notaries Public, in pauper criminal cases. Also, Senate bill to provide for the proper distribution of fines in all cases transferred to the County Court, etc. Also, Senate bill to repeal section i59 of the Code of 1873, ~>xempting certain persons from road duty, etc. Also, Senate bill to amend section 4151 of the Code of 1873, in reference to proofs of accounts in Justices' Courts, etc. Also, Senate bill to make it a felony for any person to attempt to mislead or influence others into the commission of polygamy or bigamy. Respectfully submitted,
T1:1os. W. MILNER, Chairman protem.

732

JouRNAL OF THE HousE,

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, to wit :
.A bill to be entitled an act to amend an act entitled an act to carry into effect the last clause of paragraph 1, section 1, at"ticle 7, of the Constitution of 1877, approved September 20, 1879.
Which they recommend do pass, as amended. .Also, a bill to be entitled an act to pay the Tax Receivers and Tax Collectors of the year 1880 compensation illegally withheld. Which they recommend do not pass.
.Also, a rPsolution providing for the payment of mileage to the officers and members of the General .Assembly for the adjourned session.
vVhich they recommend do pass, by substitute. Respectfully submitted,
A. L. MILLER, Chairman protem.

Mr. DuPree, of Macon, announced the death of Ron. Jas. T. Glover, of Twiggs, and offered the following resolution, which was read and agreed to, towit: .A resolution-
WHEREAS, The sad news has reached us of the death of the Ron. James T. Glover, of the county of Twiggs, late a member of this House ; therefore, be it-
Resol?Jed, That the Speaker be and he is hereby authorized to appoint a committee of five from the House, whose duty it shall be to prepare and report suitable resolutions in honor of the memory of our deceased brother.
The Speaker appointed as said committee Messrs. DuPree of Macon, Rice, Fuller, Clark and Rainey.

~TUESDAY, SEPTEMBER 6, 1881.

733

Mr. Cook, chairman pro tem. of the Committee on the Deaf and Dumb Asylum, submitted the following report:

Mr. Speaker:
Your joint committee, or rather the two committees, on the deaf and dumb asylum, from the Senate and from the House, acting conjointly, respectfully submit the following report :
They have, at the present session of the General Assembly, and within the past few weeks, visited and personally inspected the buildings and property of the Georgia institute for the education of the deaf and dumb, located at Cave Spring, in the county of Floyd. Your committee were greatly pleased and well satisfied with the result t.>f their investigations, and with all that came under our observation during our stay at the institution. The officers in charge of the asylum are faithful and efficient, and the State may be con gratulated on the fact that the present officials of the institution exercise a continual superintendence of the health, mann~rs and morals of the pupils committed to their charge.
The principal is Mr. Wesley 0. Conor, and your committee believe that they can state with confidence that the interests of the asylum, under this supervision and direction, are and will be constantly guarded and properly managed. 'rhe assistant instructors are ca. pable and wP-ll chosen, and, together with the excel lent and able principal, they constitute a splendid corps of hacherE, and fill their ~:>everal positions wii h :fidelity and most satisfactorily. We examined the books, the accounts and vouchers of the secretary and treasurer and principal, and the accuracy, the splendid method and perfect system with which they are kept by these officers reflect great credit upon them, and your committee were most favorably impressed

734

JouRNAL OF THE HousE,

with the fairness and correctness of his accounts and all vochers.
Mrs. M. L. Bond, the matron at the institution, deserves most favorable commendation from your committee, and the responsible and important Rtation which this lady occupies guarantees and assures that the domestic affairs of the asylum are in s'lfe hands, ann are being most admirably conducted, in every respect. 'Ve are advised and believe that the pupils have observPd proper decorum, and that it has seldom been necpssary to resort to harsh measures to enforce obedience to the rules of the institution, and the strict discipline wllich is maintained in all its departments. We are informed that the health of the pupils has bePn excellent, and, judging from the sanitary precautions and the healthful locality of the asylum, we can conjecture no cause why the pupils should not continue to enjoy good health, unle::~s it be owing to the fact that "the woodPn drains are in a state of decay, and need renewing."
Your committee would urge the necessity for attending to this at an early day, and they believe it to be a matter of great moment that the sy8tem of drainage at the institution be improved, and they recommend that this subject of proper drainage be immediately attended to and carried out. "Delays are dangerous," and, in this case, delay may be fraught with great danger to health and imperil the lives of the inmates of the asylum.
Your committee found the various buildings and grounds to be in tolerably good condition, but needing some repairs, which must be made. The inclosures and fences are in an exceedingly bad state, and must be replaced with new. In fact, the fences which inclose the beautiful green sward and garden have almo5lt rotted down, and the same are not really sufficient to protect the property from the inroads and depredations of cattle and hogs. Your

TUESDAY, SEPTEMBER 6, 1881.

735

-committee earnestly and urgently rf'commend that provision should be made at once by the General As sembly to have new fences bui1t around the gardens and yards at the asylum ; and to accomplish this, and to effectually and properly establish an adequate system of ondergroonddrainage, your committee rec {)mmend the expenditure and appropriation of $1,000.00, or so much thereof as may be found necessary.
Upon our inspection and examination of the interior of the institution, we found the rooms plainly, neatly, yet comfortably fitted up with suitable furniture, and the beds supplied with clean and necessary materials. The pupils are supplied with ample water facilities in their own rooms, aud bath rooms are well arranged.
There is an impera.tive necessity for more room at the the asylum. The crowded condition of the dormitories; school r~om,dining room and shops was very evident to us all who examined them, and especially is this true as respects the dormitories, in which as many as a dozen or more pupils are forced to sleep in apartments twenty by twenty-five feet in dimensions. We are apprehensive that this crowded state of the pupils will prove deleterious to their health, and we -do not think that this crowded condition of these dormitories should be longer allowed. We are advised, .and believe, that no expenditure of money or appropriation to the asylum for building purposes has been made since the year 1857, at which date the attt>ndance of pupils was not more than forty, whereas, within the past year, the institution has been compelled to provide for an average of sixty-five pupils.
Your committee are of the opinion that by an ex penditure of about $5,000.00, a suitable building for :a school room and chapel can be erected, and thus release the space now occupied for school purposes in the present building, and in this way supply the

736

JOURNAL OF THE HoUSE,

wonts of the institution, and provide ample room for a sufficiency of suitable and comfortable sleeping apartments for the }9upils. Your committee do, thereforP, recommend that the sum of $5,000.00 (or so much much thPreof as may be absolutely necessary) be appropriah>d for the purpose of constructing a suitable school-room and chapel to be erected at some convenient and appropriate spot on the grounds of the institution, to be selected by the board of trustees and the principal.
There is a matter in this connection to which your committee deem it eminently proper for them to allude, and to which they desire to direct the attention of the General .Assembly. It is in regard to the second quarter's (1881) appropriation for thl'l support of the institution, which was lost by the failure of the Bank of Rome, in the month of March last past. The facts. are these: On the 14th day of January last, the State Treasurer delivered to Mr. S. C. Trout, Secretary and Treasurer of the asylum, a sight check for $3,750.0() drawn on the Bank of Rome, and payable to the order of said S. C. Trout, Secretary and Treasurer; this cbt'ck was carried by said Trout to said bank of Rome, and, as he stated to your committee, he regarded said bank as bt>ing perft>ctly solvent and safe, as the same was at that time 011e of the 8tate depositories, and instead of having sai<l draft paid at that time, and taking said money into his own custody, be concluded that it would be proper and safe to allow said fund t(} remain in the possession and vaults of said bank, the same to be drawn out as the neeessities of the institution should require ; accordingly be delivered said draft to said bank and the same was placed to the credit of said Trout, as Secretary and Treasurer of the State Institution for the education of the deaf and dumb, upon the books of said bank. Between the time of the delivery of said draft to the bank and the date of said bank's failure, the said Trout, as

TUESDAY, SEPTEMBER 6, 1881.

737

Treasurer, drew out to meet the demands and wants of the asylum, the snm of $416.00, leaving in the custody of said bank at the time of its failure and suspension the amount of $3,334.00 standing npon the books of said bank to the credit of said Trout as Secretary and Treasurer of the State Deaf and Dumb Asylum.
Your committee are ot the opinion that said sum of
$3,334.00 is in fact and equHy, a debt due and owing to the State, inasmuch :1!'1 said bank had never paid the draft drawn upon it by the State Treasurer, as hereinbefore recited, and they would very respectfully suggest to the Honorable, the Attorney-General of this State, that he use his ability and best efforts to collect from said bank the said sum of $3.334.00, as a debt doe the State, and, if the same can be collected, that the sum be paid into the treasury of the State, provided the present General Assembly shall appropriate a similar amount to said institution, in lieu of, and to take the place of, the said sum, which is not now available for the uses and necPssities of said asylum. And, inasmuch as said sum of $3,334 00 is part of the annual appropriation mad~forthe year 1P81. t) ~upport and provide for the wants of said institution ; and, inasmuch as tl1e actual needs an l exigencies of :-n,id asylum rcqnire sail su:n, and as the sam~ is nut now av<lilable, your committee therefore recommend that the sum of $3,334.00 be appropriated by the present General Assembly to the said institution for the education of the deaf and dumb, to supply the deficiency in the rPvenueH of said institution, occasioned by the suspension of said bank.
Your committee are of opinion that nu blame or censure can attach to said S. C. Trout, in not immediately drawing out said sum from said bank, and in allowing the same to remain in the custody of the bank, as the same was a State depositi)Jy, and one of the banks selected as a suitable and safe custodian of
47

738

.JOURNAL OF THE HIIUSE,

the funds of the State. And your committee believe

it would be but an act of simple justice to an upright

.and faithful officer and citizen, for the General Assem-

bly to relieve said S. C. Trout, Secretary and Treas-

urer of th~ State Deaf and Dumb Asylum, from any

liability or obligation on the part of said Trout to re-

place or repay to the State, or the trustees of the

asylum, the said sum of $3,334.00,

All of '1'. hich is respectfully submittt>d.

W. P. BoND, Chairman.
s. M. H. BIRD,

J. M. WILSON, J. F. BROWN,

T. J. SMITH,

J. L. NEAL,

LEMUEL JoHNSON,

R. N. KING,

R. B. HARRit>,

JAMJ<:fl G. PARKS,

Senate Committee.

B. C. CooK, Chairman pro. tem.

WM. c. DIAL,

J. H. BREWER,

EDWARD Bnm,

S. W. WRIGHT,

M. D. c. M. SUMMERLIN, F. P. RICE,

J. F. HALL,

A. T. BI<;NNETT,

REESE REESE,
J. s. JAMES,
w. s. ZELLARS, w. M. DYKES,

T. N. ARRINGTON,
J. w. MADDOX,
S. c. HALE, w. w. HARRELJ,,

0. A. BuLL,
w. M. vVILLINGHaM,

B. F. Moo1m, of 'faliaferro.

House Committee.

On motion of Mr. Cook, two hundred copies of the rAport were ordered printed for the use of the House.
The report of the Committee on Adjournment was taken up.
On motion of Mr. Smith, of Oglethorpe, so much of the second rt--solutiou as provides for three sessions .daily was stricken out.
The amendment proposed by Mr. Sweat, striking out "midnight" and inserting "meridian" was .adopted.

TUESDAY, SE.PTEMBER 6, 1881.

739

Mr. Jemison proposed to amend by striking out ''Friday, the 23d," and inserting ''Wednesday, the 28th inst."
Mr. Stanford called for the previous question; the call was sustained and the main question ordered.
The amendment proposd by Mr. Jemison was not adopted.
The resolutions as amended were agreed to, and are as follows, to wit :
1. Resolved, That this General Assembly do adjourn ,sine die at 12 o'clock meridian, on Friday, the 23d September inst.
2. Resolved, That with a view to dispatching business, the House will hold two session daily,as follows, to-wit:
From 9 a. m. to 1 p. m. From 3! to 6! p. m.

The Honse then adjourned till 4 o'clock p. m.

4 O'CLOCK P.M.
The House re-assembled, the Speaker in the chair. On motion of Mr. Wright, the rules were suspended and the following bill made the special order for tomorrow morning, immediately after the reading of the Journal, to-wit: A bill to authorize the publieation of a new Code of Georgia, to define the duties of the Governor in reference to the publication and distribution thereof, and to appropriate money for the same.
On motion of Mr. Lester, the rules were suspended for the purpose of reading House and Senate bills, favorably reported, the second time.
The following resolution was read the second time, to-wit:
A resolution providing for the payment of mileage to members of the General Assembly, etc.

740

JouRNAL oF THE RousE,

The following bills were read the second t.ime, towit:
A bill to amend section 4424 of the Code, so far as. rei ttes to the penalty for larceny after trust, of not more than twenty-five dollars.
Also, a bill to amend an act to carrv into effect the last clause of paragraph 1, section 1, article 7, of the Canstitntion of 1877.
Also, a bill for the better protection of creditors in cases of voluntary assignments by insolvent debtors.
Also, a bill for the incorporation of companies formed within this State to navigate the ocean, seas and rivers by steam vessels ; to define the powers and liabilities of the samP, and for other purposes.
Also, a bill to require the ownPrs of horses, mules, cows, sheep, goats, hogs and stock of all kinds to keep the same from running at large upon the lands of anothPr in Putnam county, to define the liabilities of said owners and the rights of per:sons damaged by said stock so running at large.
Also, a bill to provide compensation for the Commissioners of Roads and Revenues for the county of Dougherty, and the manner of paying the same.
Also, a bill to correct an error in a date occurring in an act approved August 24, 1881, to change tla~ several acts incorporating the town of Conyers to that of a city corporation, with Mayor and Aldermen, with certain powers therein enumerated.
The following Senate bills were read the second time, to-wit:
A bill to prescdbe the fees of Sheriffs in this State, and to provide for the payment of the same.
Also, a bill to prescribe the fees of Clerks of the Superior Court in this State, and to provide for the payment of the same.
Also, a bill to re-apportion the Honse of Representatives of this State.

WEDNESDAY, SEPTEMBElt 7, 1881.

741

Also, a bill to amend section 2048 of the Code of 1873.
Also, a bill to provide for the collection of insolvent tax executions.
Also, a bill to provide for tlw restoration of the last previous name of the wife in all divorce cases now pending or hereafter brought, wherein the wife may pray for the same, and a total divorce shall be granted.
The rules were suspended, on motion of Mr. Wright, for the purpose of reading bills second time unfavorably reported.
The following bills were read the second time, the adverse report agreed to and the bills lost, to-wit:
A bill to regulate the sale of liquors in this State. Also, a bill to require the Solicitors-General of this State to pay fines and forfeitures collt>cted by them into the county treasuries, and provide for the disbursement thereof.
Leave of absence was granted to Messrs. Sellars and Farnell on account of sickness in their families.
The House then adjourned till 9. a. m. to-morrow morning.

ATLANTA, GEORGIA,
Wednesday, September 7, 18H1.
The House met pursuant to adjounment, was called to order by the Speaker and opened with prayer by the Chaplain.
The roll was called and the following members were absent:
Those absent are Messrs.-
Anderson of Newton, Barrow, Bird, Coffin, Farnell,

742

JouRNAL oF THE HousE,

Foster, Hagen, Harp, Hightower of Stewart, Hunt, Maddox, l\Iclntosh, Nichols, Northen, Perkins, Price~ Quillian, Rankin, Sellars, Spence, Stapleton, Tharpe, Thompson, Turnipseed, Williams-25.

Those present are Messrs.-
Adderton, Anderson of Cobb, Arrington, Awtry, Bacon of Chatham, Barnes,. Basinger, Bates, Beatty, Bennett, Branch, Branson, Brewer, Brinson, Broyles, Bull, Burch, Cameron, Carter, Carithers, Christie, Clark, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin,Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Feagin, Flynt, Ford ham, Fuller, Garrard, Gaskins, Goodrich, Gray, Hale, Hall, Hammond, Harrell, Heard, Heath, Henry, Hester, Hightower of Early, Hill. Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Johnson of LeP, .iones of Bakt:>r, Joms of DeKalb, Julian, Keil, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Martin of Houston, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, MeAllister, MeBride, l\fcCants, McClure, McClellan, McKinney, McLeod, McLucas, Middlebrook, Miller, Mitehell, Milner, Moore of Haneock, Moore of Phrce, Moore of Taliaferro, Morrow, Orr, Palmour, Park, Patterson, Peek, Polhill, Post, RainPy, Rawlins, Reese, Render, Rice, Ritchie, Robins, RonPy, Sapp, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spearman, Stanford, Story, Strother, Summerlin, Sum1wr, Sweat, Turner of Floyd, Turner of Monroe, Twiggs, Walker of Berrien, Walker of Crawford, Walker of JaspPr, Wheeler, Whittle, Willingham, Wilkinson, Wilson of Bulloch~ 'Vilson of Camden, Wilson of Gret-ne, vVingfield, Winslow, vVithrow, Wright, Youngblood, Zachry, Zellars, Mr. Speaker-149.

"\VED:.'OESDAY, SEP I'EMBEl{ 7, 18i:H.

743

Mr. Harrell, chairman Committee on Journals, reported the Journal of yt>sterday examined and approved.
The Journal was then read and approved. On motion of Mr. Miller, the special order waspostponed until after the call of the roll of counties, when it shall be the special order.
The following bill \vas- introrinrwl, read th~ lirst time and referred to the Committee 011 Fiuance, to wit: By Mr. Cook-
A bill to appropriate money to the State Deaf and Dumb Aylum, tor the purpose of erPeting a building to be used as a chapel and school room, and to tepair and rebuild the fences around the grounds of tht-> asylum, and to put into operation a system of drainage at the asylum, and for other purposes.
On motion of Mr. Cook, the report of the Committee on the Deaf and Dumb Asylum was referred t() the Committee on Finance.
The following bill was introduced, read the first time and referred to the Committee on Finance, to wit : By Mr. Miller-
A bill to provide for the correct assessment of the property in this State for the purposes uf taxation.
Mr. Mathews offered the following resulution, which was read and laid over under the rules, to-wit:
A resolution directing the Mayor and Council of Augusta to modify the dam acNss the Savannah river, and to institute proceedings on tailurt> to do so.
On motion of Mr. Mays, of Richmond, the resolution was referred to the Special Committee on the Judiciary.
The following bill was introduced, read the first time and refeued to the Special Committee on the Judiciary, to-wit: By Mr. Mitchell-
A bill to amend an act to authorize and provide for

744

JouHNAL oF THI<' HousE,

the orgamzation of chain-gangs for misdt>meanor convicts in this State, approved August 20, 1879. By Mr. Park-
A bill to amend an act to empower the J uoges of the Superior Courts to appoint or employ a reporter or stenographer in their courts; to define the duties of such reporter or stenographer, and to fix his fees, and for other purposes.
The following bill was introduced, read the first time and referred to the CornmittPe on Corporations, towit: ByMr. Rice-
A bill to amend an act to provide for the manner of tax sales by municipal corporations in this State, and for other purposes, approved February 27, 1877.
By a two-thirds vote-yeas 99, nays none-the following bill was introduced, and by a two-thirds vote -yeas 91. nays none-read the first time and referred to the Committee on Finance. to-wit: By Mr. Wright-
A bill to relieve Samuel Trout, Treasurer of the State Deaf and Dumb Asylum, from the payment of certain money deposited by him as Treasurer in the Bank of Rome.
By a two-thirds vote-yeas 94. nays nonP-the following bill was introduced, and by a two-thirds voteyeas 92, nays none-read the first time and referred to the Committee on Uorporations, to-wit: By Mr. Julian-
A bill to incorporate the Suwannee and Cumming Railroad Company.
By a two-thirds vote-yeas 90, nays none-the following bill was introduced, and by a two-thirds voteyeas 89, nays none-read the first time and referred to the General Committee on the Judiciary, to-wit: By Mr. Janes-
.A bill to create a Board of Commissioners of Roads

WEDNESDAY, SEPTEMBER 7, 1881.

745

and RPvenues for the county of Polk, and prescribe their powers.
The following bills were introduced, read the first timA and referred to the General Committee on the Judiciary, to-wit:
By Mr. ShockleyA bill to provide a uniform system of punishments
for misdemeanors and crimes of a less grade than felonies.
By Mr. DuBignonA bill to repeal an act to amend the laws of this
State for protection of the State Treasury, to define obligations pertaining to the office of State Treasurer, and for other purposes, approved February 25, 1876.
The following resolution was introduced, read the first time and referred to the Committee on Finance, to-wit:
By Mr. DuPree, of Macon' A resolution to pay balance of per diem of Hon.
J as. 'f. Glover to his heirs.

The following mes!'lage was received from the Senate through Mr. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has passed the following bills of the House, to-wit :
A bill to prohibit the riding and driving of any horse of another without his consent, which was passed by a constitutional majority of yeas 26, nays none.
Also, a bill to amend an act granting certain privileges to R. C. Mitchell & Co., of the county of Fulton, which was passed by a constitutional majority of yeas 24, nays none.
Also, a. bill to increase the salary of the treasurer of the county of Baldwin, which was passed by a constitutional majority of yeas 25, nays none.

746

JouRNAL OF THE Housl!:,

Also, a bill to amend an act to establish a Board of Commissioners for the county of Columbia, which was passed by a constitutional majority of yeas 25, nays none.
Also, a bill to provide for but one grand jury to serve for each term of Hall Superior Court, which was passed by a constitutional majority of yeas 24, nays none.
Also, a bill to authorize the sale of certain lots and fractional lots of land in this State, which was passed by a constitutional majority of yeas 24, nays none.
Also, a bill to legalize the action of the Board of Commissiont>rs of the county of Douglas, which waspassed by a constitutional majority of yeas 23, nays none.
Also, a bill to fix the amount for liquor license for the county of Webster, which was passed by a constitutional majority of yeas 25, nays none.
Also, a bill to authorize the city uf Americus to appropriate certain mon<)YS for school purposes, which 1 was passed by a constitutional majority of yeas 23, nays none.
Also, a bill to correct certain mistakes contained in sections 1978, 1987, 1989, 1992 and 1994 of the Code of 1873, which was passed by a constitutional majority -yeas 24, nays none.
Also, a bill to continue of force an act authorizing the Commissioners of the county of Dougherty to issue bonds for certain purposes, which was passed by a constitutional majority-yeas 25, nays none.
Also, a bill to provide for the signing and certifying of bills of exceptions, which was passed by a constitulional majority-yeas 25, nays two.
Also, a bill to prohibit the sale of liquors in the county of Jefferson, which was passed by a constitu tional tnajority-yAas 23, nays none.
Also, a bill to prohibit camp-hunting by non-resi-

W ~EDNESDA Y, SEPTEMBER 7, 1881.

747

dents in the county of Clinch, which was passed by a constitutional majority-yeas 25, nays none.
Also, a bill to amend an act incorporating the town of Palmetto, which was passed by a constitutional majority-yeas 27, nays none.
Also, a bill to change the time of holding the Superior Courts in the county of Marion, which was passed by a constitutional majority-yeas 23, nays none.
Also, a bill to secure uniformity in grading teachers of public schools, which was passed by a constitutional majority-ye'l.s 24, nays none.
Also, a bill to define and declare and make plain the bounds and limits of the militia districts in the county of Chatham, which was passed by a constitutional majority-yt>as 24, nays none.
Also, a bill to change the time of holding the Superior Courts in the county of Quitman, which was pa&sed by a constitutional majority-yeas 23, nays none.
Also, a bill to make it penal for any person to use explosivt>s in the streams of this State for the purpose of killing fish, which was passed by a constitutional majority-yeas 23, nays none.
Also, a bill to amend an act incorporating the town of Clarksville, whieh was passed by a constitutional majority-yeas 23, nays none.
Also, a bill to authorize the Commissioners of' Roads of the county of Mitchdl to issue bonds for certain purposes, which was passed by a constitutional majority-yeas 23, nays none.
Also, a bill to amend an act authorizing the Mayor and Council ofthe city of Macon to issue bonds for certain purposes, which was passed by a constitutional majority of yeas 23, nays none.
Also, a bill to amend the several acts incorporating the city of Macon, which was passed by a constitutional majority of yeas 23, nays none.
Also, a bill to fix the fees of Justices of the Peace

748

JouRN'AL oF THE HousE,

and Constables, in cases of foreclosure of chattel mortgages, and for other purposes, which was passed by a constitutional majority of yeas 26, nays none.
Also, a hill tv fix the amount of liquor license in the county of Charlton, which was passed by a constitutional majority of yeas 23, nays none.
Also, a bill to authorize the Mayor and Council of the city of Macon to submit certain questions to the qualified voters of said city, which was passed by a constit ntional rnaj ority of yeas 24, nays none.
Also, a bill to rPpt->al so much of an act to prevent pt->rt;ons from sPining in certain streams in the conn ties of Clinch and Echols, which was passed by a constitutional majority of yeas 23, nays none.
Also, a bill to prohibit the sale of liquors in the county of Glynn, which was passed by a constitutional majority of yeas 27, nays none.
A Iso, a bill to incorporate the town of Pelham, which was passPd by a constitutional majority of yeas 30, nays none.
Also, a bill to fix the amount for liquor license in the county of Charlton, which was passed by a con stitntional majority of yeas 28, nays none.
Also, a bill to appropriate money to refund double taxPs illegally collect< d by the State of Georgia, from the Home Insurance Company of New York, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill to appropriate money to refund double taxes illegally collected by the Rtate of Georgia from the Underwriters' Agency of New York, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill to amend the acts approved February 27, 1877, and OctobPr 13, 1879, in reference to the road laws of Fulton county, so that the chain-gang of Fulton county cannot be worked within one-half mile of

WEDNESDAY, SEPTJ<MBER 7, 1881.

749

the center of Atlanta, which was passed by a constitutional majority of yeas 30, nays none.
The Senate has passed the following House bills, with amendments, in which they ask the concurrence of the Honse, to-wit:
A bill to amend an act incorporating the town of Greenville, which was passed by a constitutional majority of yeas 24, nays none.
Also, a bill for the relief of certain persons on the bond of the late Tax Collector of the county of Worth, which was passed by a constitutional majority of yeas 26, nays none.
Also, a bill to authorize the city of Americus to increase its indebtedness, which was passed by a constitutional majority of yeas '25, nays none.
Also, a bill to incorporate the town of Arlington, in the counties of Calhoun and Early, and provide for the election of a Mayor and Aldermen for said town, and for other purposes, which was passed by a constitutional majority of yeas 24, nays none.
Also, a bill to prescribe the mode and manner of having the lines and corners established around certain lots of land in Clinch county, where tha same have been granted by the State, which was passed by a constitutional majority of yeas 28, nays none.
Also, a bill to amend an act requiring the payment of certain moneys into the county treasury, approved February 22, 1876, which was passed by a constitutional majority of yeas 24, nays none.
Also, a bill to increase the liquor license tax in the county of Camden, which was passed by a constitutional majority of yeas 26, nays none.
The Senate has concurred in the following resolutions of the House, to-wit:
A resolution according to Col. C. C. Jones free access to the records of the State.
Also, a resolution to authorize the Commissioner of .Agriculture to loan specimens of minerals and woods.

750

JoURNAL OF THE Hou.-E,

Also, a resolution in reference to application of proceeds of sale of State property.
Also, a resolution to grant authority to W. H. Harrison to publish the acts of this sessiol'l., 1880 and 1881.
Mr. Garrard, chairman Committee on Railroads, submitted the following report :
Mr. Speaker.~
The Committee on Railroads has had under consideration the following bill, which it recommends do pass, as amended, to-wit:
A bill to incorporate the Indian Springs Railroad Company.
Also, the following bill, which it recommends be referred to Judiciary CommitteP, to-wit:
A hill to be entitled an act to make and declare penal the offt>ns~ of falsely reporting the mark and brand, or mark or brand of stock killed on or near any railroad in this StatP, and to prescribe a penalty therefor.
Also, the following bills, which it recommends do not pass, to-wit:
A bill to instruct the Railroad Commission of Georgia to carry out the provisions of an act to provide for the regulation of freight and passenger tariffs in this State, and for other purposes.
Also, a bill to incorporate the Richmond County Railroad Company.
Also, a bill to incorporate the Quitman and Monticello Railroad Company.
Respectfully submitted, L. F. GARRARD, Chairmanpro tem.

Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report :

Mr. Speaker: The Gene1al Committee on the Judiciary have had

WEDNESDAY, SEPTEMBER 7, 1881.

751

under consideration the following bills, which they recommend do pass, to-wit:
A bill to require the Judges of the Superior Courts upon request in the trial of civil cases to furnish juries with written instructions as to the form of their verdict.
Also, a bill to amend section 3 of an act to regulate the letting out of contracts to build or repair public buildings, bridges or other public works, approved September 29, 1879, by striking the word "one" and inserting in lieu thereof the word "five," and for other purposes.
The committee recommend that the following bills do pass, by substitute, to-wit:
A bill to amennd section 4139 of the Code of 1873, relating to summons issued by Justices of the Peace, etc.
Also, a bill to provide for the payment of the committee appointed by the grand jury.
The committee recommend that the following bills do not pass, to-wit:
A bill to make the defendant in any criminal cas!:', and in any action or suit, in any court oflaw or equity where the grounds of the suit or action is the adultery of the defendent, a competent witness.
Also, a bill to make slander a criminal offense, and provide for its punishment, etc.
Also, a bill to require certain contracts of laborers to be in writing.
Also, a bill to define the law of prescription in certain cases.
Also, a bill to authorize and empower Justices of the Peace to appoint special Constables in certain cases.
Also, Senate bill to define the law of prescription in .cases of constructive possession of land.
Also, Senate bill to provide for the trial of causes in

752

J ouRN.AL O.l<' THE HousE,

Justices' Courts when the Justice of the Peace shall be disqualified, sick, or for other cause absent from court.
The committee recommend that the introducers be allowed to withdraw the following bills, to-wit:
A bill to provide for the sale of year's support, where the same is set aside in property.
Also, a bill to provide compensation of the Ordinaries, Sheriffs and Clerks of the Superior Courts.
Also, a bill to secure payment of costs in divorce cases.
Also, a bill to extend the provisions of section 455fi of the Code to injunction cases.
Also, a bill to alter and amend section 3696 of the Code in relation to fees of Sheriffs in civil cases.
Also, a bill to change the time of holding the Superior Court in B:trtow county.
Also, a bill to prevent the rough handling of baggage on the railroads in this State.
The committee return the following bill for reference to the Committee on Finance, to-wit:
A bill to amend an act approved September 20, 1879, carrying into effect last clause paragraph 1, section 1, a1ticle 7, of the Constitution of 1877, so as to extend th1-1 provisions thereof to any person permanently maiJue1l, and tor other purposes.
Respectfully submitted, W. M. HAMMOND, Chairman.

Mr. Polhill, chairman Special Committee on the Judiciary, submitted the following report:

Mr. Speaker:
The Special Committee on the Judiciary bas bad under consideration the following bill, which it recommends do pass, proofs being found correct, to-wit:
A bill to amend an act entitled an act to amend sec-

WEDNESDAY, SEPTEMBER 7, 1881.

753

tion 3514 of the Code of 1873, approved February 24, 1877, by adding to the first section of the said act : "When returnable to the Superior Court, and when returnable to a Justice Court, shall be served five days."
Also, the following bills, which it recommends do pass, as amended, proofs being correct, to-wit:
A bill to encourage the culture of fish in Ocean Pond, and in all the waters on land lots numbers 78, 106, 107, 108, 124 and 125, in the 16th diMrict, G. M., of Lowndes county.
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues for Taylor county.
Also, the following bill, which it recommends do pass, by substitute, proofs correct, to-wit:
A bill to make it a misdemeanor for any person to obstruct the free passage of timber in rafts upon the several water courses in this State.
Also, the following bill, which it recommends introducer be allowed to withdraw, to-wit:
A bill to create a city government for the town of Monticello.
Also, the following bill, which it recommends do not pass, to-wit:
A bill to provide for the levying and collecting taxes for the payment of jurors and officers doing duty in the County Court of Sumter county.
Respectfully submitted, ,J. H. PoLHILL, Chairman.

Mr. Sweat, 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 Repre-
48

754

J ouRN.AL Ol!' THE HousE,

sentatives and President of the Senate, and delivered to his Excellency the Governor, the following acts, towit:
An act to fix the times of holding the courts in the various counties composing the Northeastern Judicial Circuit of this State.
Also, an act to prohibit the buying, selling, delivering or receiving of any farm products therein specified between sunset and sunrise, in the county of Bibb, without the limits of the city of Macon.
Also, an act to amend an act to incorporate the Na tional Debt Assurance Company, approved October 17, 1879, and change its name.
Also, an act to authorize the corporation of the city of Sandersville to levy a tax.
Also, an act to provide for the payment of extra compensation to the Sheriff and Clerk of the Superior Court of Burke county, Georgia.
Also, an act to authorize and empower the Intendant and Commissioners of the town of Greenville, in this State, to regulate the sale of spirituous, malt and vinous liquors, within the corporate limits of said town, and for other purposes.
Also, an act to authorize the Board of Commissioners of Newton county to levy a tax of two hundred per cent. on the State tax of Newton county for the purpose of paying the present indebtedness of said county, and for other purposes.
Also, an act to incorporate the Athens Mutual Insurance Company.
Also, an act to change and fix the times of holding the Superior Courts in the counties of Pickens, Gilmer and Fannin, in the Blue Ridge Judicial Circuit of this State.
Also, an act to appropriate money for the purpose of enlarging the lunatic asylum of this State, and for other purposes.
J. L. SWEAT, Chairman.

WEDNESDAY, SEPTEUBER 7, 1881.

755

Mr. Sweat, 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 prohibit any person or persons keeping a bar-room or other place where spirituous liquors are sold by retail, to be drunk on the spot, from employing minors fhe;ein, and to prescribe a penalty therefor.
Also, an act to appropriate money to the Georgia .Academy for the Blind, for the purpose of organizing and maintaining in the same a department for the blind youth of the colored race of the State.
Also, an act to incorporate the Mill Town Branch Railroad Company, and for other purposes.
Also, an act to amend the charter of the Savannah, Florida and Western Railway Company, and for other purposes.
Also, an act to authorize the Commissioners of Roads and Revenue for the county of Mitchell to issue bonds.
Also, an act to amend an ~ct to authorize the issue of interest bearing bonds by the Mayor and Council of the city o! Macon, and for other purposes.
Also, an act to continue of force an act to authorize the county of Dougherty by its Commissioners to issue bonds of said county for thirty thousand dollars, and for other purposes.
Also, an act to amend an act to incorporate the town of Palmetto, of the county of Campbell, and to appoint Commissioners for the samP, and for other purposes, approved February 18, 1854.
Also, an act to authorize the sale of certain lots and fractional lots ofland in this State.

756

JOURNAL OF THE HOUSE,

Also, an act to grant to R. C. Mitchell & Co., certain privileges in making an abstract of the records of the deeds and mortgages in Fulton county.
Also, an act to alter and amend an act entitled an aot to amend an act to alter and a mend the several acts incorporating the city of Macon, approved December 27, 1847, and the several acts amendatory thereto, approved Dect>mber 11, 1871, to provide for the election of Clerk and Treasurer of said city.
Also, an act to correct certain mistakes of reference in the lien laws of this State.
Also, an act to authorize the city of Americus to appropriate certain moneys for school purposes.
Also, an act to fix the fees of Justices of the Peace and Constables in cases of foreclosure of chattel mort gages, and for other purposes.
Also, an act to prohibit the riding or driving of any horse or mule belonging to another without his consent, and to provide a punishment therefor.
Also, an act to fix the amount of license for selling or vending spirituous, intoxicating or malt liquors, in the county of Webster, and for other purposes.
Also, an act to change the time of holding the Superior Courts of the county of Marion, and for other purposes.
Also, an act, to legalize the action of the Board of Commissioners of Roads and Revenues of the county of Douglas, changing the size and shape of the courthouse square in the town of Douglasville.
Also, an act to make it penal for any person to use on any of the streams of this State any explosive or destructive substance for the purpose ofkilling fish.
Also, an act to authorize the Mayor and Council of the city of Macon to submit to the qualified voters of said city the question of making a contract with the Macon Gas Light and Water Company.
.Also, an act to repeal so much of an act to prevent any person or persons from seining for fish in the

'\VEDNESDA.Y, SEPrEMBER 7, 1881.

757

waters of the Suwannoochee and Towns creek, in the counties of Clinch and Echols, as relates to Clinch county.
Also, an a0t to secure uniformity in grading teachers of public schools.
Also, an act to prohibit the sale or furnishing of spirituous, malt or intoxicating liquors within the limits of Jefferson county, and to provide a punishment for the same.
Also, an act to repeal section 3, of an act entitled an act to amend an act entitled an act to incorporate the town of Habersham, in the county of Clarke, and for other purposes.
Also, an act to increase the salary of the county treasurer of the county of Baldwin to five hundred dollars per annum.
Also, an act to provide for but one grand jury to serve for each term of Hall Superior Court, without reference to the number of weeks such term may continue.
Also, an act to amend an act to establish a Board of Commissioners of the county of Columbia, and to define the powers and duties thereof, and for other purposes.
Also, an act to provide for the signing and certifying of bills of exceptions, now required by law to be signed in twenty days.
Also, an act to change the time of holding the Superior Courts in the county of Quitman.
Also, an act to fix the amount of license for selling spirituous, intoxicating or malt liquors in the county of Charlton, in this State.
Also, an act to prohibit camp hunting in the county of Clinch by non-residents.
Also, an act to define and declare and make plain the bounds and limits of the militia districts in Chatham county which lie outside of the city of Savannah.
Also, a resolution according to Col. Chas. C. Jones

758

JouRNAL OF THE HousE,

free access to the records and documents of the State. Also, a resolution in refenmce to application of pro-
ceeds of sale of State property. Also, a resolution to authorize the Commissioner of
Agriculture to loan ~pecimens of minerals and woods. ResP.ectfully submitted, J. L. SwEAT, Chairman.

By permission of the HousEo, Mr. Arrington withdrew House bill No. 1051.

The following bill was introduced, read the first time and referred to the Special Committee on the Judiciary, to wit : By Mr. Mays, of Richmond-
A bill to regulate and prescribe the manner of fishing in and upon the Savannah and Tugalo rivers, and to prescribe a penalty for a violation thereof.
The following bill was introduced, read the first time and referred to the General Committee on the Judiciary, to- wit : By Mr. .M.ays, of Richmond-
A bill to supply the offices of the several Ordinaries aud Clerks of the Superior Courts with copies of the Code of Georgia, Digests and Supreme Court Reports, and for other purposes.
By permission of the House, Mr. Cook withdrew House bills Nos. 472 and 473.
On motion of Mr. Peek, the bill to appropriate all surplus moneys arising from inspecting fees to common school fund was made the special order immediately after the special order now in order is disposed of.
The special order was taken up.
The House went into Committee of the Whole Rouse.

WEDNESDAY, SEPTEMBER 7, 1881.

759

Mr. DuPree, of Macon, chairman of the Committee of the Whole House, made the following report :

Mr. Speaker:
The Committee of the vVhoJe House have had under consideration-
A bill to authorize the publication of a new Code of Georgia, to define the duties of the Governor in reference to the publication and distribution thereof, and to appropriate money for the same.
Which they have instructed me to report back, with the recommendation that it do pass, as amended.
The report of the committee was agreed to and the bill read the third time ; 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, to-wit:

Those voting in the affirmative are Messrs.-
Arrington, Bacon of Chatham, Barnes, Basinger, Bennett, Branson, Brewer, Brinson, Bull, Cameron, Carter, Clark, Cook, Crawford, Crozier, Crumbley, Davis of Lumpkin, Day,Dial, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Estes, .Flynt, Fordbam, Fuller, Garrard, Goodrich, Hammond, Harrell, Heard, Heath, Hester, Hill, Hillyer, Hutchins, James, Janes, J obnson of Johnson, J obnson of Lee, Jones of DeKalb, Julian, Keil, Lamar, Lonnon, LPster, Lewis, Little, Martin of Houston, Martin of Talbot, Mays of Butts, Mays of Richmond, McAllister, McBride, McClure, McClellan, McLeod, McLucas, Mitchell, Milner, Moore of Hancock, Patterson, Peek, Polbill, Post, Reese, Render, Rice, Ritchie, Roney, Sapp, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spearman, Stanford, Strother, Summerlin, Sumner, Sweat, Turner of Floyd, Turner of Monroe, Twiggs, Walker of Berrien, Wal-

760

JouRNAL OF THE HousE,

ker of Jasp2r, Whittle, Willingham, Wilkinson, Wilson of Camden, Wingfield, Winslow, Wright, Youngblood, Zachry, Zellars-99.

Those voting in the negative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Beatty, Branch, Broyles, Burch, Cuithers, Christie, Daniel, Davis of Habersham, Denton, DuBignon, Dykes, Feagin, Gaskins, Gray, Hale, Henry, Hightower of Early, Jackson of Carroll, Jemison, Jones of Baker, Kennedy, Lamb, McCants,Middlebrook, Miller, Moore of Taliaferro, Morrow, Orr, Palmour, Park, Rainey, Rawlins, Story, "\\Talker of Crawford, wheeler, Wilson of Bulloch, wilson of Greene, Withrow-41.

Those not voting are Messrs.-
Anderson of Newton, Barrow, Bates, Bird, Coffin, Farnell, Foster, Hagen, Hall, Harp, Hightower of Stewart, Hunt, Jackson of Richmond, Kimsey, Maddox, Mathews, Mcintosh, McKinney, Moore of Pierce, Nichols, Northen, Perkins, Price, Quillian, Rankin, Robins, Sellars, Spence, Stapleton, Tharpe, Thompson, Turnipseed, vVilliams, Mr. :::lpeaker-35.

So the requisite constitutional majority having voted in the affirmative the bill passed, as amended.

The second special order was taken up.
The House went into the Committe of the 'Vhole House.

Mr. Post, chairman of the Committee of the Whole House, made the following report :

.J1r. Speaker :
The Committee of the Whole House have had under consideration-
A bill to apply all m~meys received by the Depart-

WEDNESDAY, SEPTEMBER 7, 1881.

761

ment of Agriculture for inspecting fertilizers, in excess of what is necessary to defray the expense of said department, to the common school fund of the State.
Which they have instructed me to report back to the House, with the recommendation that it do pass.
The report of the committee was agreed to and the bill read the third time ; 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, to- wit :
Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Barnes, Brinson, Broyles, Burch, Cameron, Carter, Carithers, Christie, Clark, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Feagin, Flynt, Fordham, Fuller, Gaskins, Goodrich, Hale, Hammond, Harrell, Heard, Heath, Henry, Hester, Jackson of Carroll, James, Jemism, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Keil, Kennedy, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Martin of Houston, Martin of Talbot, McAllister, McBride, McClure, McKinney, McLeod, McLucas, Middlebrook, Mitchell, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Orr, Patterson, Peek, Polhill, Post, Rainey, Rawlins, Reese, Rice, Ritchie, Roney, Sapp, Scruggs, Shockley, Singleton, Silman, Smith of Union, Spearman, Stanford, Story, Strother, Sumner, Sweat, Turner of Monroe, Twiggs, Walker of Crawford, Walker of Jasper, Wheeler, Whittle, "\Vilkinson, Wilson of Camden, Wilson of Greene, Wingfield, Withrow, Youngblood, Zellars107.

Those voting in the negative are Messrs.-Bacon of Chatham, Basinger, Beatty, Bennett,

762

JouRNAL oF THE HousE,

Branch, Branson, Bull, Garrard, Gray, Hightower ot Early, Hill, Hutchins, McCants, Miller, Milner, Palmour, Robins, Smith of Oglethorpe, Turner of Floyd, Wilson of Bulloch, Zachry-21.

Those not voting are Messrs.-
.Anderson of Newton, .Arrington, Barrow, Bates, Bird, Brewer, Coffin, Estes, Farnell, Foster, Hagen, Hall, Harp, Hightower of Stewart, Hillyer, Hunt, Jackson of Richmond, Janes, Kimsey, Maddox, Mathews, Mays of Butts, Mays of Richmond, McClellan, Mcintosh, Nichols, Northen, Park, Perkins, Price, Quillian, Rankin, Render, Sellars, Spence, Stapleton, Summerlin, Tharpe, Thompson, Turnipseed, Walker of Berrien, Williams, Willingham, Winslow, Wright, Mr. Speaker-47.
So the requisite constitutional majority having voted in the affirmative, the bill was passed.
The following House bills with Senate amendments were taken up and the Senate amendments concurred in, to-wit:
.A bill to amend an act to require the payment of fines and forfeitures into the county treasury, approved February 22, 1876.
Also, a bill to establish certain land lines and corners in Clinch county.
Also, a bill to relieve the securities on the bond of H. H. Rouse, late Tax Collector of Worth county.
.Also, a bill to authorize the city of .Americus to increase its dflbt.
.Also, a bill to increase the license for selling liqnor in Camden county to five thousand dollars.
.Also, a bill to incorporate the town of .Arlington. .Also, a bill to amend an act entitled an act to define the corporate limits of Greenville, Meriwether county, approved January 14, 1852, and for other purposes.

WEDNESDAY, SEPTEMBER 7, 1881.

763

Honse bills Nos. 119 and 837, reported back by the General Committee on the Judiciary, were recommitted to Committee on Finance, and House bill No. 884, reported back by the Committee on Railroads, was re-committed to the General Committee on the Judiciary.

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

ExECUTIVE DEPARTMENT,
.ATLANTA, GA., Sept. 7, 1881. To the General .Assembly:
I have the honor to transmit herewith. for the information of the General .Assembly, a supplemental re port of the Railroad Comisioners of this State.
.ALFRED H. CoLQUITT.
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 100, nays 4-to-wit :
A bill to prohibit State and County School Commissioners, and other persons, from being book agents.
By a two-thirds vote-yeas 98. nays none-the following bill was introduced, and by a two-thirds voteyeas 102, nays none-read the first time and referred to the Committee on Railroads, to-wit: By Mr. Davis, of Habersham-
A bill to amend the charter of theNortheastern Railroad ()ompany.

764

JouRNAL oF THE RousE,

The following resolution was read the third time and agreed to, to-wit :
A resolution in relation to the property of the Georgia State Lottery.

The House went into the Committee of the Whole House.

Mr. Polhill, chairman of the Committee of the Whole House, made the following report :

Mr. Speaker :
The Committee of the Whole House have bad under consideration-
A resolution providing for the payment of mileage to the members of the G~neral Assembly for the adiourned session, etc.
Which they have instructed me to report back to the House with the recommendation that it do pass by substitute.
The report of the committee agreed to and the resolution read the third time, on the question of agreeing to 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.-
Adderton, Anderson of Cobb, Arrington, Awtry, Bacon of Chatham, Barnes, Beatty, Bennett, Branch, Brewer, Brinson, Broyles,Bull, Burch,Cameron,Carter, Carithers,Christie, Clark, Cook, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Feagin, Flynt, Fordham, Fuller, Garrard, Gaskins, Goodrich, Hale, Hammond, Harrell, Heard, Heath, Henry. Hightower of Early, Hill, Hutchins, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson,

WEDNESDAY, SEPTEMBER 7, 1881.

765

Jones of Baker, Julian, Keil, Kennedy, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Martin of Houston, Martin of Talbot, Mathews, Mays of Richmond, McAllister, :McBride, McCants, McClellan, McKinney, McLeod, McLucas, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Orr, Peek, Polhill, Post, Rainey, Rawlins, Reese, Render, Rice, Ritchie, Roney, Sapp, Scruggs, Shockley, Singleton, Silman, Smith of Union, Stanford, Story, Summerlin, Sumner, Sweat, Turner of Floyd, Turner of Monroe, Twiggs, Walker of .Jasper, Whittle, Wilson of Bulloch, Wilson of Camden, Wingfield, Withrow, Wright, Youngblood, Zachry, Zellars-117.

Those voting in the negative are Messrs.-
Basinger, Gray, Hester, Jackson of Carroll, Morrow, Palmonr, Robins, Spearman, Walker of Crawford, Wheeler, Willingham-lt.

Those not voting are Messrs.-
Anderson of Newton, Barrow, Bates, Bird, Branson, Coffin, Crawford, Farnell, Foster, Hagen,Hall, Harp, Hightower of Stewart, Hillyer, Hunt, Johnson of Lee, Jones of DeKalb, Kimsey, Maddox, Mays of Butts, McClure, Mcintosh, Middlebrook, Moore of Taliaferro, Nichols, Northen, Park, Patterson, Perkins, Price, Quillian, Rankin, Sellars, Smith of Oglethorpe. Spence, Stapleton, Strother, Tharpe, Thompson, Turnipseed, Walker of Berrien, Williams, Wilkinson, Wilson of Greene, Winslow, Mr. Speaker27.
So the requisite constitutional majority having voted in the affirmative, the resolution was agreed to, by substitute.
The leave of absence of Mr. Bates was extended on account of severe sickness in his family.
The Honse then adjourned till3t o'clock p. m.

766

JouRNAL oF THE HousE,

3:30 O'CLOOK, P. M.
The Honse re-assembled, the Speaker in the chair. The roll was called and a quorum found to be present.
By a two-thirds vote~yeas 97, nays none-the following bill was introduced, and by a two-thirds voteyeas 98, nays none-read the first time and referred to the Committee on Education, to-wit:
By Mr. McKinneyA bill to authorize the Mayor and Council to issue
bonds to the amount of five thousand dollars and ap propriate the proceeds to educational purposes, in the town of Thomaston, Upson county, and to levy and collect a tax upon the taxable property to pay said bonds.
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 89, nays none-to-wit:
A bill to amend section 4424 of the Code, so far as relates to the penalty for larceny after trust, of not more than twenty-five dollars in value.

The following bill was read the third time, the report of the committee was agreed to, and the bill passed, by.snbstitute, by the requisite constitutional majority-yeas 91, nays none-to-wit:
A bill to require the several Judges of the Superior Courts of this State in all cases, both civil and criminal, to give their charges to the jury in writing, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, as amended, by the requisite constitutional majority-yeas 90, nays none-to-wit:
A bill to repeal an act to incorporate the town of

WEDNESDAY, SEPTEMBER 7, 1881.

767

Weston, formerly Hard Money, in the county of Webster, approved March 6, 1856, and an act amendatory thereof, approved February 16, 1866.
The following bill was read the third time, the re-port of the committee was argeed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 90, nays none-to-wit:
A bill to prohibit the sale of intoxicating liquors at Delhi, in Wilkes county, Georgia, and within a radius of four miles of said village of Delhi.
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 89, nays none-to-wit:
A bill to apportion among the several counties of this State the whole number of Representatives of which the House of Representatives, under the Constitution, is composed, and to declare the number of Representatives to which each county is entitled under the tenth census of the United States.
House bill No. jD48 was, on motion of Mr. Martin, of Talbot, laid on the table.

The House went into the Committee of the Whole House.

Mr. Jones, of DeKalb, chairman of the Committee of the Whole House, made the following report :

Mr. Speaker :
The Committee of the Whole House have had under consideration-
A bill to appropriate money for the compensation of VanDyke, Cooke & VanDyke and N.J. Hammond, attorneys and solicitors, for services rendered the State in the cases and courts therein mentioned, and for other purposes.

768

JOURNAL OF THE HOUSE,

Which they have instructed me to report back, with the recommendation that it do pass.
The report of the committee was agreed to, and, on motion of Mr. Patterson, the bill was made the special order for Saturday next, immediately after the reading of the Journal.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 99, nays none- to-wit:
A bill to regulate the sale of spirituous or intoxicating liquors of any kind in the county of Polk, State of Georgia, and for other purposes, and to prescribe penalties for a violation of this act.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 104, nays none-towit:
A. bill to incorporate the Covington and South River Railroad Company, and for other purposes.
By a two-thirds vote-yeas 105, nays none-the following bill was introduced, and by a two-thirds vote -yeas 97, nays none-read the first time and referred to the Committee on Finance, to-wit:
By Mr. SingletonA bill for relief of Robert T. Mills, of the county of
Scriven.
By a two-thirds vote-yeas 105, nays none-the following bill was introduced, and by a two-thirds voteyeas 99, nays none-read the first time and referred to the Special Committee on the Judiciary, to-wit:
By Mr. Singleton-
il. A bill to abolish the County Court of Scriven county.

WEDNESDAY, SEPTEMBER 7, 1881.

769

By a two-thirds vote-yeas 105, nays none-the following bill was introduced, read the first time by a two-thirds vote-yeas 97, nays none-and referred to the Special Committee on the Judiciary, to-wit:
By Mr. SingletonA bill to establish a Board of Commissioners for
Scriven county, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, by the requisite constitutional majority-yeas 100, nays none-to-wit:
.A bill to establish a permanent Board of Education for the town of Lumpkin, in the county of Stewart, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 89, nays none-to-wit:
.A bill to provide for the payment of the insolvent criminal costs of the Clerk and Sheriff of Richmond county, and for other purposes.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited and the bill passed by the requisite constitutional majority-yeas93, nays none-towit:
.A bill to prohibit the sale of malt or spirituous liquors within one and one-half miles of Unionville (.A. M. E.) church, in Monroe county.
On motion of Mr. Turner, of Monroe, House bill No. 687 was tabled, and on motion of Mr. Miller, House bill No. 688 was tabled.
The following bill was read the third time, the report of the committee waB agreed to, the proofs of
49

770

JouRNAL o~ THE HousE,

the publication of the notices required by law were exhibited and the bill passed by the requisite consti tutional majority-yeas 93, nays none-to-wit:
A bill to ehange so much of the act creating a Board of Commis:,:ioners for Lee county, approved February 28, 1876, as relates to the granting of rdail license, and to confer the authority to grant such license upon the Ordinary of said county.
On motion of Mr. Walker, of Jasper, House bill No. 695 was made the special order for Friday next, immediately after the reading of the Journal, and House bill No. 774 was made the special order for the same day, immediatt:>ly after the bill No. 695 shall be disposed of, and three hundred copies of each bill ordered printed for the use of the House.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed by the requisite constitutional majority-yeas 88, r.ays none-to-wit:
A bill to confer additional powers upon the Board of Commissioners of the town of Hampton, county of Henry.
By permistivn of the House, Mr. McLucas withdrew House bill K o. 720.
The following bill was read the third time, the report of tl1e committee was agreed to, the proofs of the publication of the notices required by law were exhibited, aud tile bill passed by the requisite constitutional majority-yeas 89, nays none-to-wit:
A bill to establish a new charter for the town of Franklin, in the county of Heard, and for other purposes.
The following bill was read the third time, the proof's of the publication of the notices required by law were exhibited, the report of the committee was agreed to, and the bill passed, as amended, by:the

WED~ESDAY, SEPTEl\IBER 7, 1881.

771

Tequisite constitutional majority-yea(90, nays none -to-wit:
A bill to repeal au act to establish a system of public schools for the city of Cartersville, and to provide for the support and maintenance thereof, and for other purposes, approved October 1, 1879.
The following bill was read the third time, the proofs of the publication of the notices l'equired by law were exhibited, the report 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 increase the license tax on liqnor in the county of Bryan.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required hy law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 99, nays none-to-wit:
A bill to repeal the local road law of Bryan county, which was enacted in 1873, and co substitute therefor the general road law of the State, as contained in the Code of 1873.
The following bill was read the third time, the re port of the committee, as amended, was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majorityyeas 91, nays none-to-wit:
A bill to incorporate the Citizens' Savings Bank of Savannah.
The following bills were introduced, read the first time and referred to the General Committee on the J udiciary, to-wit:
By Mr. BasingerA bill to make the absence of counsel, in actual at-

7i2

J oURN'AL oF THE HousE,

tendance on session of the General Assembly, in either House as a member thereof, a sufficient ground for the continuance of a case at law or in equity. By Mr. Smith, of Oglethorpe-
A bill to amend the Constitution of this State by striking out section 9, -paragraph 1, in article 3, and inserting in lieu thereof a new section, relating to the
pay of members ot the General Assembly, providing
for the submission of the same to the people of the State for ratification.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 92, nays none -to-wit:
A bill to authorize and empower the Mayor and Aldermen of the city of Savannah to tax the property of the Savannah, Florida and Western Rail way Company within the jurisdictional limits of the city of Savannah.
Mr. Anderson, of Cobb, was granted leave of absence on account of sickness.
On motion of Mr. Stanford, the House adjourned ill 9 a. m. to-morrow.

ATLANTA, GEORGIA,
Thursday, September 8, 1881.
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 were absent :
Those absent are Messrs.-
Anderson of Cobb, Farnell, Hagen, Harp, Hightower of Stewart, Hunt,Maddox, Mcintosh, Moore of

THURSDAY, SEPTEMBER 8, 1881.

773

Pierce, Nichols, Perkins, Price, Quillian, Rankin, Sellars, Spence, Stapleton, Thompson, Turnipseed, Williams-20.
Those present are Messrs.-
Adderton, Anderson of Newton, Arrington, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty,Bennett,Bird, Branch, Branson, Brewer,Brinson, Broyles, Bull, Burch, Cameron, Carter, Carithers, Christie, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Feagin, Flynt, Fordham, Foster, Fuller, Gar rard, Gaskins, Goodrich, Gray, Hale, Hall, Hammond, Harrell, Heard, Heath, Henry, Hester, Hightower of Early, Hill. Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Keil, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Martin of Houston, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McAllister, McBride, McCants, McClure, McClellan, McKinney, McLeod, :McLucas, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Taliaferro, Morrow, N orthen, Orr, Palmour, Park, Patterson, Peek, Polhill,~Post, Rainey, Rawlins, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Scruggs, Shockley. Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spearman, Stanford, Story, Strother, Summerlin, Sumner, Sweat, Tharpe, Turner of Floyd, Turner of Monroe, Twiggs, Walker of Berrien, Walker of Crawford, Walker of Jasper, Wheeler, Whittle, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Wingfield, Winslow, Withrow, Wright, Youngblood, Zachry, Zellars, Mr.lSpeaker -154

774

JoU!{NAL oF THE HousE,

Mr. Heath, from the Committee on Journals, reported the Journal of yesterday examined and a p-proved.
The Journal was then read and approved. Leave of absence was granted to Messrs. Kennedy and Fordham, on account of sickness.
The special order was taken up, to-wit: A bill to better preserve the peace in localities where there is no police force kept.
The House refused to adopt the substitute reported by the Committee on TemperancP, and on motion of Mr. Sweat, the bill was laid on the table.
The second special order was taken up, to-wit: A bill to prohibit the sale of intoxicating liquors within three miles of any church or school house in this State, except in incorporated towns or cities. Mr. Cook offered an amendment striking out "three miles" and inserting "one mile." Mr. "\Vheeler, called for the pl'l:'vious question; the call was sustained, and the main question ordered. The amendment was not adopted.
Mr. Peek called for the yaas and nays on the question of agreeing to the report of the C)mmittee, favorable to the passage of the bill ; the call was sustained, and on calling the roll, the vote was as follows, viz :

Those voting in the affirmative are Messrs.-
Barnes, Bates, Beatty, Bird, Brewer, Carter, Christie, Clark, Cook, Crozier, Crumbley, DuPree of Pike, Flynt, Hammond, Heard, Hester, Hillyer, Julian, Keil, Martin of Houston, Martin of Talbot, McAllister, :Jiiller, Milner, Morrow, N orthen, Orr, Patterson~ Peek, Polhill, Post, Render, Ritchie, Roney, Spearman, Sumner, Sweat, Turner of Monroe, "\Valker of Berrien, Walker of Jasper, Wilkinson, 'Yilson of Camden, "\Vright, Youngblood44.

THURSDAY, SEPTEMB!l:R 8, 1881.

775

Those voting in the negative are 1\fessrs.-
Adderton, Anderson of Newton, Arrington, Awtry, Bacon of Chatham, Basinger, Bennett, Branch, Brinson, Broylf's, Bull, Burch, Cctmeron, Carithers, Coffin, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree ot l\Iacon, Dyer, Dykes, Edwards, Estes, Feagin, Fordham, Fuller, Garrard, Gaskins, Goodrich, Grny, Hale, Ha1 rell, Heath, Henry, Hightower of Early, Hill, Hutchins, Jackson of Carroll, James, Janes, Jemison, Johnson of Johnson, Johnson of Let>, Jones of Baker, Jones of DeKalb, Kennedy, L::~mb, Lonnon, Lester, Lewis, Mathews, McCants, McClure, McClellan, McKinney, McLeod, McLucas, Middlebrook, Mitchell, Moore of Hancock, .Moore of Taliaferro, Palmour, Rainey, Rawlins, Reese, Rice, Robins, Sapp, Scruggs, Shockley, Singleton, Silman, Stanford, Story, Strother, Summerlin, Tharpe, Turner of Floyd, Walker of Crawford, Wheeler, 'Vhittlt>, Willingham, Wilson of Bulloch, 'Nilson of Greene, 'Vithrow, Zachry-90.

Those not voting are Me8srs.-
Anderson of Cobb, Barrow, Branson, Crawford, Farnell, Foster, Hagen, Hall, Harp. Hightower of Stewart, Hunt, Jackson of Richmond, Kimsey, Lamar, Little, Maddox, Mays of Butts, Mays of Richriwnd, McBride, Mcintosh, Moore of Pierce, Nichols, Park, Perkins, Price, Quillian, Rankin, Sellart~, Smith of Oglethorpe, Smith of Union, Spence, Stapleton, Thompson, Turnipseed, Twiggs, 'Villiams, Wingfield, Winslow, Zellars, Mr. Speaker-41.

So the report of the committee was not agreed to, the bill was read the third time and lo<>t on a division -yeas 38, nays 79.
By permission of the House, Mr. Fordham withdrew House bills No. 669 and No. 668.

776

JouRNAL OF THE HousE,

On motion of Mr. Martin, of Talbot, House bill No. 648 was taken from the table and placed in its order on the calendar.
The House went into the Committee of the Whole House.

Mr. Render, chairman of the Commhtee of the Whole House, made the following report :

Mr. Speaker :
The Committee of the Whole House have had under con~ideration-
A bill to appropriate five thousand dollars for the repairs of the public buildings at Milledgeville, in said State.
Which they have instructed me to report back to the Rouse, with the recommendation that it do pass, as amended.
The report of the committee was agreed to, and the bill read the third timP, and 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, viz :

Those voting in the a:ffirmaUve are Messrs.-
Adderton, A wtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bird, Brinson, Bull, Burch, Cameron, Carithers, Clark, Coffin, Crozier, Crumbley, Davis of Habersham, Davis of Lumpkin, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Feagin, Flynt, Fordham, Fuller, Garrard, Gaskins, Goodrich, Gray, Hammonu, Harrell, Heard, Heath, Hester, Hightower ot Early, Hill, Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Johnson of Lee, Jones of DeKalb, Keil, Lamar, Lamb, Lonnon, Lester, Little, Martin of Houston, Martin of Talbot, Mays of Butts, McAllis-

THURSDAY, SEPTEMBER 8, 1881.

777

ter,McCants, McClure, McClellan, McKinney, McLeod, Mitchell, Moore of Hancock, Moore of Taliaferro, Northen, Orr, Patterson, Peek, Polhill, Render, Rice, Robins, Roney, Sapp, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe, Spearman, Stanford, Story, Summerlin, Sumner, Sweat, Tharpe, Turner of Floyd, Turner of Monroe, Twiggs, Walker of Berrien, Walker of Crawford, Walker of Jasper, "Whittle, \Vilkinson, Wilson of Bulloch, \\Tilson of Camden, Wingfield, Wright, Youngblood, Zachry, Zellars-109.
Those voting in the negative are Messrs.--
Bennett, Christie, Daniel, Hale, Henry, Lewis, McBride, Miller, Morrow, Pal mour, Post, Rainey, Rawlins, \Vheeler, Wilson of Greene, \Vithrow-16.
Those not voting are Messrs.-
Anderson of Cobb, Anderson of Newton, Arrington, Branch, Branson, Brewer, Broyles, Carter, Cook, Crawford, Day, Farnell, Foster, Hagen, Hall, Harp, Hightower of Stewart, Hunt, Jones of Baker, Julian, Kennedy, Kimsey, Maddox, Mathews, Mays of Richmond, Mcintosh, McLucas, Middlebrook, Milner, Moore of Pierce, Nichols, Park, Perkins, Price, Quillian, Rankin, Reese, Ritchie, Sellars, Smith of Union, Spence, Stapleton, Strother, Thompson, Turnipseed, Williams, Willingham, Winslow, Mr. Speaker-50.
So the requisite constitutional majority having voted in the affirmative, the bill passed, as amended.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was amended and the bill withdrawn by permission of the House, to-wit :
A bill to prohibit the sale ofliquor in Talbot county.
House bill No. 715 was, on motion, laid on the table.

778

JouRNAL oF THE HousE,

On motion of Mr. MuBride, the following bill was taken up from the table, read the third time, the proofs of thP. publication of the notices required by law we1e exhibited, the report of the com:nittee was agreed to, and the bill passed by the requisite constitutional majority-yeas 103, nays none-to-wit :
A bill to repeal an act to keep open and remove obstructions to the free passage of fish in the waters of all rivers and mouths of creeks of this State, so far as the same applies to the county of Haralson.
On motion of :Mr. Middlebrook, House bill No. 459, was taken from the table, and on motion, the rules were suspended and the following bill adversely reported by the committee was taken up for a second reading, to-wit:
A bill to repeal the act creating State depositories, etc.
On the question of agreeing to the report of the committee adverse to the passage of the bill, Mr. Middlebrook called for the yeas and nays ; the call was. sustained, and on calling the roll, the vote was as follows, viz:
Those voting in the affirmative are Messrs.-
Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Brinson, Bull, Cameron, Christie, Clark, Cook, Crozier, Crumbley, Davis of Habersham, Davis of Lumpkin, Denton, Dial, DuPree of Macon, Flynt, Foster, Fuller, Garrard, Gaskins, Heath, Hester, Hill, Hillyer, Janes, Johnson of Lee, Jones of DeKalb,Lamar, Lamb, Lonnon,Lester,Lewis, Martin of Houston, l\lartin of Talbot, Mathews, McAllister, Miller, Milner, Northen, Orr, Palmour, Patterson, Peek, Polhill, Post, Rawlins, Render, Silman, Stanford, Story, Strother, Summerlin, Sweat, Turner of Floyd, Turner of Monroe, Walker of .Tasper, wheelPr, \Vilson of Bulloch. Wilson of Greene, Wingfield, wright, Youngblood, Zachry-69.

THURSDAY, SEP fEMBliR 8, 1881.

779

Those voting in the negative are Messrs.-
Adderton, Awtry, Branch, Burch, Carithers, Coffin, Daniel, Day, DuBignon, DuPree of Pike,Dyer,Dykes, Edwards, Estes, Feagin, Fordham, Goodrich, Gray, Hale, Hammond, Harrell, Heard, Henry. Hightower of Early, Jackson of Carroll, James, Jemison, Johnson of Johnson, Jones of Baker, Little, Uays of Butts, McBride, McClure, McClellan, Md~iuney, McL~oJ, McLucas, Middlebrook, Mitchell, J\luure of Haucock, Moore of Taliaferro, Morrow, Raiuey, Reese, Rice, Ritchie, Robins, Roney, Scruggs, Shockley, Singleton, Smith of Oglethorpe. Spearman, Sumner, Tharpe, Twiggs, Walker of Berrien, vValker of Crawford, Willingham, Wilkinson, 'Wilson of Camden, Winslow, Withrow, Zellars-64.

Those not voting are Messrs.-
Anderson of Cobb, Anderson of Newton, Arrington, Branson, Brewer,Broyles, Carter, Crawford, Far-
nell, Hagen,Hall, Harp, Hightower ot Stewart, Hunt,
Hutchins, Jackson of Richmond, Julian, Keil, Kennedy, Kimsey, Maddox, Mays of Richmond, McCants, Mclntush, Moore of Pierce, Nichols, Park, Perkins, Prict>, Quillian, Rankin, Sapp, Sellars,Smith of Union, Spence, Stapleton, Thompson, Turnipseed, Whittle, Williams, Mr. Speaker-41.

So the report of the committee was agreed to and the bill lost.

Mr. DuPree, of Macon, Chairman of the committee to report resolutions on the death of Ron. James T. Glover, submitted the following report :
Mr. Speaker :
The Special Committee appointed to report resolu tions to this House in memory of the deceased member from the county of Twigg, to-wit: Ron. James T.

'7t:O

JOURNAL OF THE HOUSE,

Glover, makes the following report, which is most respectfully submitted, to-wit:
WHimEAS, It has pleased Almighty God to remove from our body, by death, on the 4th day of September, 1881, one of our most worthy and highly esteemed members, to-wit: Ron. James T. Glover, of the county of Twigs; therefore be it
Resolved, l. That it is with feelings of the most profound and heartfelt sorrow, we note the death of Ron. James T. Glover, of the county of Twiggs.
Resolved 2. That in his death the State of Georgia has lost the services of a most faithful, reliable and conscientious legislator, and the county of Twiggs, as well as the State, a model of upright and worthy citizenship, and the Church of Christ a most sincere and exemplary member.
Resolved B. That these proceedings be entered on the Journal of this House and a copy thereof be transmitted to his bereaved family.
Respectfully submitted, DuPREE, of Macon. RICE, of Fulton. CLARK, of Wayne. RAINEY, of Schley.
On motion of Mr. DuPree, of Macon, this report was made the special order for Wednesday next, the 14th inst., at 11 o'clcck p. m.
The following mest:age was received from the Senate through Mr. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has concurred in the following resolution of the House, with an amendment, in which they ask the concurrence of the House, to-wit :
A resolution that the General Assembly adjourn sine die at 12 m. on Friday the 23d of September instant.

THURSDAY, SEPTEMBER 8, 1881.

781

The Senate has refused to pass the following b1ll of the House, to-wit:
A bill to repeal an act in regard to the Justices of the Inferior Court of the c~unty of Bartow.
The Senate has passed the following bills of the House, with amendments, in which they ask the concurrence of the House, to-wit:
A bill to confer police powers upon conductors of passenger trains in this State, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill to incorporate the town of Leary, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to fix the time for the election of Mayor and Aldermen of the town of Eastman, in the county of Dodge, to prescribe qualifications for voters and torequire all voters to register, and for other purposes, which was passed by a constitutional majority of yeas29, nays none.
Also, a bill to authorize and require the proper officials of several counties in this State to provide for the doing of extraordinary work on the public roads at the county expense, and for other purposes, which was passed by a constitutional majority of yeas 29, nays none.
The Senate has passed the following bills of the Senate, to-wit:
A bill to amend section 1377 of the Code of 1873, relating to quarantine jurisdiction, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill to amend section 1282 of the CodP of 1873, relating to superintendents of elections for members of the Legislature, which was passed by a constitutional majority of yeas 37, nays none.
The Senate has passed the following bills of the House, to-wit:
A bill to prohibit the sale of liquors in the 427th.

782

JouRNAL OF THE RousE,

district, G. M., of the county of White, which was passed by a constitutional majority of yeas 33, nays .none.
Also, a bill to change the .time of holding the Superior Court in the county of Upson, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to change the time of holding the Spring Terms of Macon Superior Court, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to repeal all the laws concerning the registration of voters in the county of Camden, which was passed by a constitutional majority-yeas 33, nays none.
Also, the following bill of the Senate : A bill to regulate the 'Sale of spirituous or intoxicating liquors in the State, outside of incorporated cities, towns and villages, which was passed by a constitutional majority-yeas 23, nays 11.
Also, the following bill of the House: A bill to fix the license for retailing spirituous liquors in the county of '\Vashington, which was passed by a constitutional majority-yeas 27, nays none.
Leave of absence was granted to Messrs. Scruggs, Price, Heard, and Smith of Union, on account of sickness ; to Messrs. Arrington, Johnson of Johnson, Martin of Houston, and Youngblood, on business.
The House then adjourned till 3:30 o'clock p. m.

3:30 O'CLOCK P.M.
The House re-assembled, the Speaker in the chair. The roll was called and a qnorum found to be pres-
~mt.
On motion of Mr. Foster, House bill No. 688 was taken from the table, and on motion of Mr. Reese, re-committed to the General Committee on the Judiciary.

THURSDAY, SEPTEMBER 8, 1881.

783

The following bill was read the third time, the report -of the committee was agreed to, the -proof's of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 101, nays nooe-to-wit:
A bill to relieve E. Polk, st>cnrity on Jett Dobbs' forfeited bond, in Paulding Superior Court, and for -other purposes.
On motion of Mr. Davis, of Lnmpin, House bill No. 522 was re-comitted to the Committee on Corporations.
Thtl following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited :and the bill passed, as amended, by the requisite constitutional majority-yeas 105, nays none-to-wit:
A bill to repeal an act. to incorporate the town of DeSoto, in the county of Floyd, and to incorporate the same de novo.
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 95, nays 4-to-wit:
A bill to require each county in this State to defray all expenses of trying every commission of lunacy, of transferring,conveying or conducting lunatics or other insane persons, who may be, by due course of law declared insane, to the lunatic asylum, and to provide for the payment of the same, and for other purposes.
Mr. Estes, chairman of the Committee on Corporations, submitted the followin~ report :
Mr. Speaker: The Committee on Corporations have had under
consideration the following bill, which they recommend do pass by substitute, to-wit:
A bill to incorporate the Elberton and Petersburg Railroad Company, proofs correct.

784

JOURNAL OF THE HOUSE,

The committee have also had under consideration the following bills, which they recommend do pass as amended, but with this statement of facts touching the same, that is to say the bills, the titles of which follow, were each published by giving the title thereof in one newspaper, but the notice was not given in each county through which the proposed railroads are to pass, but the committee having no objection to the provisions of these bills and a majority of the committee believing that a charter for a railroad to be constructed in or through more than one county of the State is in no proper sense a local or special bill in the meaning of Constitution, deemed it proper to make the recommendation herein set forth, but with this explanation. The following are the bills, to-wit:
A bill to amend an act chartering the Bainbridge, Cuthbert and Columbus Railroad Company.
Also, a bill to incorporate the Cumming and Suwannee Railroad Company.
Also, a bill to incorporate the Georgia, Southern and Florida Railroad Company.
Respectfully submitted, J. B. EsTES, Chairman.

Mr. Polhill, chairman Special Committee on the Judiciary, submitted the following report:
Mr. Speaker:
The Special Committee on the Judiciary have had under consideration the following bills, which they recommends do pass, proofs correct, to-wit:
A bill to abolish the County Court of Scriven county, and for other purposes.
Also, a bill to establish a Board of Commissio:aers for Scriven county, and for other purposes.
Also, the following bills, which they recommend do not pass, to-wit :
A bill to amend an act to empower the Judges of

THURSDAY, SEPTEMBER 8, 1881.

785

the Superior Courts to appoint or employ a reporter or stenographer in their courts.
Also, a bill to amend an act entitled an act to authorize and provide for the organization of chaingangs, for misdemeanor convicts in this State, approved August 28, 1879.
Respectfully submitted, J. H. POLHILL, Chairman.

Mr. Garrard, chairman protem. of the Committee on Railroads, submitted the following report :

Mr. Speaker :
The Committee on Railroads has had under consideration the following bill, which they recommend that the introducer be allowed to withdraw, to-wit:
A bill to incorporate the Rome and Atlanta Railroad, from Rome to Atlanta, and to grant certain powers and privileges to the same.
Respectfully submitted, L. F. GARRARD, Chairman protem.

The following message was received from his Excellency the Governor, through Mr. Avery, his Secrtary:
Mr. Speaker:
The Governor has approved and signed the following acts, to-wit :
An act to incorporate the Athens Mutual Insurance Company.
Also, an act to authorize the levy of 200 per cent. tax on the State tax of Newton county, etc.
Also, an act to fix the time of holding the courts in the Northeastern Judicial Circuit.
Also, an act to amend an act to incorporate the Nationa! Mercantile Debt Assurance Company, etc.
Also, an act to provide for the payment of extra compensation to the Sheriff and Superior Court Clerk of Burke county.
50

786

JouRNAL Ol!' TIIE Hous:E,

Also, an act authorize the incorporation of the city of Sandersville, etc.
Also, an act to prohibit the buying and selling of farm products in Bibb county, between sunset and sunrise, etc.
Also, an act to change the time of holding courts in the counties of Pickens, Gilmer and Fannin, etc.
Also, an act to authorize the Intendant and Commissioners of the town of Greenville to regulate the sale of liquors, etc.

Mr. Mathews, chairman of the committee to visit Augusta and report on the question of the obstruction of the Savannah river, submitted the following report:
Mr. Speaker:
The committee to whom was referred a resolution to take into consideration the terms of the treaty or articles of the convention of Beaufort as to the line between Georgi~ and South Carolina, and especially as touching the question of obstructions in the rivers forming said boundary line, and also what acts have been passed by the Legislature of Georgia, if any, authorizing or permitting said rivers to be dammed up or obstructed, and to inquire what obstructions or dams have been placed in or across said rivers, at what places and the character of such obstructions and their effect upon the navigation and free passage of fish, and to report what action should be taken to induce a compliance on the part of Georgia with the terms of said treaty, your committee find that on December 27, 1845, an act was passed by the Legislature incorporating the proprietors of the Augusta Canal, which act authorized the construction of a dam in the Savannah river above the city of Augusta, but the 11th section of said act expressly provided that said canal company should not be allowed, by any extension of !:laid dam or any other work, to obstruct the navigation of said river or the froo pascage of fish.

'fiiURSDAY, SEPTEllfRER 8, 1881.

787

By act approved December 19, 1849, the board of managers of the Augusta Canal Company were authorized to transfer all its property, rights and franchises to the City Council of Augusta.
By an act approved December 12, 1871, said ~ity of Augusta was authorized to enlarge and deepen
said canal, etc. Your committee find no other legislation upon this
subject which they deem material in reference to the charter of said canal.
Your committee, on the 24th day of August, 1881, visited Augusta, Georgia, for the purpose of examining the dam across the Savannah river at a point about seven miles above said city. They found that a dam extends entirely across the Savannah river at that point, said dam extending from the head of said canal obliquely up and across said stream a distance of 1002 feet, thence almost at right angles with the general channel of the river a distance of 720 feet, to the South Carolina bank.
The oblique dam is of most massive proportions, immense strength and about 10 feet high, without any break or opening in it whatever. In the other part, to-wit, the 720 feet part, which is builtin like substantial manner, there are four openings, three of them about 20 feet each and the other about 12 feet. The consequence is that this dam so obstructs the entire channel of said river as to dam up the same, so that the surface of the water above the dam is about six feet higher than that below; and thus all of the said Savannah river, except what is turned by said dam into the canal, is forced through said openings in said dam. Hence, the velocity and momentum of the streams which pass through said openings is so great that it totally prevents, not only the navigation of said stream, but renders it impossible for any fish to pass up said streams, through said openings; and thus, in the opinion of your committee, both the navigation of

788

JouRNAL O.l!' THE HousE,

said stream and the passage of fish up the same is ef-

fectually, totally and entirely obstructed and prevented by said dam, in open and direct violation of

the treaty between the States of South Carolina and Georgia, held at Beaufort, S. C., in 1787, .April 28, which said treaty positively prohibits any obstructions

or hindrances in said river whatsoever, and also is contrary to the following acts to keep open Savannah river for the free passage of fish and for navigation of said river by boats, to-wit:

.An act approved December 15, 1809; Cobb's Digest,

volume 2, page 564.

.An act approved December 10, 1812 ; Cobb's Digest,

volume 3, page 488.

.An act approved December 18, 1816; Cobb's Digest,

volume 3, page 506.

.An act passed December 22, 1829; Cobb's Digest,

volume 4, page 360.



An act approved December 20, 1834; see pamphlet

of 1834, page 109.

An act approved December 25, 1837; see pamphlet

of 1837, page 233.

.An act approved December 23, 1839 ; see pamphlet of 1839, page 203.
.An act approved December 25, 1842; see pamphlet

of 1842. .An act appointing committee to keep open Savannah
river, approved February 23, 1850; see pamphlet of

1850, page 355.

Respectfully submitted, .A. J. MATHEWS, Chairman, .A. E. STROTHER.

Mr. Sweat, Chairman of the Committee on Emollment, submitted the following report :

Mr. Speaker: The Committee on Enrollment report as duly en-

THURSDAY, SEPTEMBER 8, 1881.

789

rolled and ready for the signature of the Speaker of the House of Representatives, the following acts, towit:
An act to appropriate money to refund double taxes illegally collected by the State of Georgia, from the Underwriters Agency of New York.
Also, an act to prohibit the sale of spirituous, vinous and malt liquors, except for medicinal and mechanical purposP-s in the county of Glynn.
Also, an act to incorporate the town of Pelham, in the connty of Mitchell, and provide a government for the same.
Also, an act to fix the amount of license for selling spirituous, intoxicating or malt liquors in the county of Charlton, in this State.
Also, an act to amend the acts approved February 27, 1877, and October 13, 1879, in reference to the road laws of Fulton county.
Also, an act to appropriate money to refund double taxes illegally collected by the State of Georgia, from the Home Insurance Company of New York.
Also, an act to authorize the city of Americus to in crease its indebtedness as provided in section 7, article 7 of the Constitution.
Also, an act for the relief of James M. Rouse, Seaborn M. Hunt and others, sureties on H. H. Rouse's bond.
Also, an act to amend an act to extend and define the corporate limits of the town of Greenville, in the county of Merriwether.
Also, an act to fix the license for the retailing of spirituous liquors in the county of Washington at twenty thousand dollars, in addition to the present restrictions in the statute books regarding the granting of license in this county, and to require the incorporated cities and towns in the county to conform to this act, and for other purposes.
L L, SWEAT, Chairman,

790

JOURNAL OF THE RoUSE,

The following bill was read the third time, the re port of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, as amended, by the requisite constitutional majority-yeas 97, nays none-to-wit:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Fulton, and to define their powers and duties, and for other purposes, approved December 3, 1880, and to confer additional powers on said Board of Commissioners.
On motion of Mr. Miller, House bill No. 726 was re-committed to the General Committee on the Judiciary.
The House went into the Committee of the whole House.

Mr. Roney, chairman of the Committee of the Whole House, made the following report :

..t. lr. Speaker :
The Committee of the Whole House have under consideration-
A bill to appropriate money to pay bond No. 225 of the State of Georgia, issued under the act of February 27, 1856, now held by the executor of John S. Gettings.
Which they have instructed me to report back, with the recommendation that it do pass, as amended.
The report of the committee was agreed to and the bill read the third time ; the yeas and nays were required to be recorded, and on the call of the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Awtry, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Brinson, Broyles,

THURSDAY, SEPTEMBER 8, 1881.

791

Bull, Burch, Cameron, Carithers, Clark, Coffin, Cook, Crumbley, Daniel, Davis of Habersham, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Estes, Flynt, Garrard, Gas. kins, Goodrich, Hale, Hammond, Harrell, Heath, Henry, Hestf'r, Hightower of Early, Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Jemison, Johnson of Johnson, Jones of DeKalb, Jones of Baker, Julian, Keil, Kimsey, Lamar, Lonnon, Les ter, Lewis, Little, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McAllister, McCants, McClellan, McKinney, McLeod, McLucas, Miller, Mitchell, Milner, Moore of Hancock, Moore of Talia ferro, Morrow, N orthen, Orr, Palmour, Patterson, Post, Rainey, Rawlins, Reese, Render, Ritchie, Robins, Roney, Sapp, Singleton, Silman, Smith of Oglethorpe, Spearman, Stanford, Strother, Summerlin, Sumner, Sweat, Tharpe, Turner of Floyd, Turner of Monroe, Walker of Berrien, Walker of Crawford, Walker of Jasper, vVheeler, \Villingham, Wilkinson, wilson of Bulloch, wilson of Camden, Wingfield, Withrow, Wright, Youngblood, Zachry, Zellars-114.
Those voting Jn the negative are Messrs.-
Janes, McBride-2.
Those not voting are Messrs.-
Anderson of Cobb, Anderson of Newton, Arrington, Bacon of Chatham, Branson, Brewer, Carter, Christie, Crawford, Crozier, Davis of Lumpkin, Dykes, Farnell, Feagin, Fordham, Foster, Fuller, ;Gray, Hagen, Hall, Harp, Heard, Hightower of Stewart, Hill, Hunt, Johnson of Lee, Kennedy, Lamb, Maddox, Martin of Houston, McClure, Mcintosh, Middlebrook, Moore of Pierce, Nichols, Park, Peek, Perkins, Polhill, Price, Quillian, Rankin, Rice, Sellars, Scruggs, Shockley, Smith of Union, Spence, Stapleton, Story, 'fhompson, Turnipseed, Twiggs, Whittle, Williams, Wilson of Greene, Winslow, Mr. ~peaker-58.

792

JOURNAL OF THE HOUSE,

So the requisite constitutional majority having voted . in the affirmative the bill passed~ as amended.
The following hill was read the third time, the report of the committee was agreed to, the proofs of the .publication of the notices required by law were exhibited, and the bill passed, by substitute, by the requisite constitutional majority-yeas 95, nays none-towit:
A bill to incorporate the Southside Street Railroad Company, and for other purposes.
Mr. Singl6ton offered the following resolution, which was read and referred to the Committee on Rules, towit:
.A. resolution that all bills, unfavorably reported upon by the several committees of this House, be made the special order of the day for Mondays and Fridays, immediately after the reading of the Journal.

The H'ouse went into the Committee of the Whole House.

Mr. Wingfield, chairman of the Committee of the Whole House, made the following report :
Mr. Speaker:
The CoJrlmittee of the whole House have had under consideration-
A resolution authorizing the State Treasuerer to pay interest on certain bonds of the State therein specified.
Which they have instructed me to report back, with the recommendation that it be agreed to.

The report of the committee was agreed to and the resolution read the third time; on the question of agreeing to the resolution, the yeas and nays were required to be recorded, and on calling the roll the vote was as follows, to- wit :
Those voting in the affirmative are Messrs.-
Awtry, Bacon of Chatham, Barnes, Basinger, Bates,

THURSDAY, SEPrEMBER 8, 1881.

793

Beatty, Bird, Brewer, Brinson, Bull, Burch, Cameron, Carithers, Clark, Coffin, Cook, Crumbley, Daniel, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Feagin, Flynt, Garrard, Gaskins, Goodrich, Hale, Hammond, Harrell, Henry, Hester, Hightower of Early, Hillyer, Hutchins, James, Janes, Jemison, Johnson of Johnson, Johnson of Lee, Keil, Kimsey, Lonnon, Lester, Lewis, Little, Martin of Hoftston, Martin of Talbot, Mathews, Mays of Richmond, McAllister, McCants, McKinney, McLucas, Miller, Mitchell, Milner, Moore of Hancock, Moore of Taliaferro, Morrow, Northen, Orr, Palmour, Patterson, Peek, Post, Rainey, Rawlins, Reese, Render, Ritchie, Robins, Roney, Silman, Smith of Oglethorpe. Spearman, Stanford, Summerlin, Sweat, Tharpe, Walker of Berrien, Walker of Crawford, Walker of .Jasper, Wheeler, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Wingfield, Withrow, vVright, ;Youngblood, Zachry98.

Those not voting are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Barrow, Bennett, Branch, Branson, Broyles, Carter, Christie, Crawford, Crozier, Davis of Habersham, Davis of Lumpkin, Day, Farnell, Fordham, ~..,oster, Fuller, Gray, Hagen, Hall, Harp, Heard, Heath, Hightower ot Stewart, Hill, Hunt, Jackson of Carroll, Jackson of Richmond, Jones of Baker, Jones of DeKalb, Julian, Kennedy, Lamar, Lamb, Maddox, Mays of Butts, McBride, McClure, McClellan, Mcintosh, McLeod, Middlebrook, Moore of Pierce, Nichols, Park,Perkins, Polhill, Price, Quillian, Rankin, Rice, Sapp, Sellars, Scruggs, Shockley, Singleton, Smith ofUnion, Spence, Stapleton,Story,Strother, Sumner, Thompson, 'rurner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Whittle, Williams, Willingham, Winslow, Zellars, Mr. Speaker-77.

794

JOURNAL OF TIIE HOUSE,

So the requisite constitutional majority having voted in the affirmative, the resolution was agreed to.

The following bill was read the third time, the

proofs of the publication of the notices required by

law were exhibited, the report of the committee as

amended was agreed to, and the bill passed as amen-

ded by the requisite constitutional majority-yeas 92,

nays none--to-wit: A bill to prohibit the sale

of

spirituous,

. vinous

or

malt liquors at any point or place within two miles of

Mount Carmel church in the county of Gwinnett, to

attach a penalty to a violation of the provisions thereof,

and for other purposes.

The following bill was read the third time, the report of the committee was agreed to, and on motion the bill laid on the table. to-wit:
A bill to amend section 3509 of the Code of Georgia.

On motion of Mr. Hammond, House bill No. 741 was re-committed to the Special Committee on the J udiciary.

Mr. McCants moved to adjourn till 9 a. m., to-morrow.
Mr. Jemison called for the yeas and nays; the call was not sustained.
The House then adjourned till 9. a. m. to-morrow morning.

ATLANTA, GEORGIA.,
Friday, September 9, 18Hl.
The House met pursuant to adjounment, was called to order by the Speaker and opened with prayer by Rev. Mr. Wilson, of Bulloch.
On motion of Mr. Estes, the roll call was dispensed with.

FRIDAY, SEPTEMBER 9, 1881.

79

Mr. Harrell, chairman Committee on Journals, reported the Journal of yesterday examined and approved.
The J onrnal was then read and approved.
By permission of the Honse, Mr. Cameron withdrew House bill No. 745.
On motion of Mr. Williams, Honse bill No. 715 was taken from table and placed in its order on the calendar.
The special order was taken up, to-wit: A bill to refer to the legal voters of the several connties in this State the question of assessing a tax upon dogs. By permission of the house, Mr. N orthen withdrew the bill.
The second special order was taken up, to-wit: A bill to regulate the practice of medicine in the State of Georgi~. The bill and substitute was read ; several amendments to the substitute were adopted. Mr. Walker, of Jasper, moved to reconsider the action ofthe House in adopting an amendment to the substitute proposed by Mr. Jemison. Mr. Miller called for the yeas and nays on the motion to reconsider. Mr. Adderton moved to lay the bill on the table ; the motion did not prevail. Mr. Wheeler called for the previous q nestion on the motion to reconsider; the call was sustained and the main q nestion ordered.

The call for the yeas and nays was sustained, and on calling the roll, the vote was as follows, to-wit:

Those voting in the affirmaUve are Messrs.-
Bacon of Chatham, Barnes, Basinger, Bull, Burch, Carithers, Cook, Daniel, Davis of Lumpkin, Denton,

796

JoUim.AL OF THE HousE,

DuPree of Macon, Dykes, Edwards, Garrard, Gaskins, Goodrich, Hall, Hammonu, Heath, Henry, Hillyer, Jackson of Carroll, James, Janes, Jones of DeKalb, Keil, Lamar, Lester, Martin of Talbot, Mathews, McBride, McClure, Miller. Milner, Moore of Pierce, Perkins, Post, Render, Rice, Sapp, Singleton, Silman, Spearman, Story, Summerlin, Sweat, Turner of Floyd, Turner of Monroe, Walker of Jasper, Whittle, Williams, Wingfield, Zellars-53.
Those voting in the negative are Messrs.--
Adderton, Awtry, Bates, Beatty, Bennett, Bird, Branch, Brinson, Broyles, Cameron, Christie, Crozier, Crumbley, Davis of Habersham, Day, Dial, DuBig non, DuPree of Pike, Dyer, Estes, Feagin, Flynt, Foster, Fuller, Gray, Hale, Hester, Hightower ot Early, Hutchins, Jemis::m, Johnson of Lee, Kimsey, Lamb, Lonnon, Lewis, Little, Mays of Butts, Mays of Richmond, McAllister, McCants, McClellan, McKinney, McLucas, Moore of Hancock, Moore of Taliaferro, Morrow, Northen, Orr, Palmour, Park, Peek,Rainey, Rawlins, Ritchie, Robins, Roney, Shockley, Stanford, Sumner, Tharpe, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, vVilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Winslow, Withrow, Wright, Zachry-72.
Those not voting are Messrs.-
Anderson of Cobb, Anderson of Newton, Arrington, Barrow, Branson, Brewer, Carter, Clark, Coffin, Crawford, Farnell, Fordham, Hagen, Harp, Harrell, Heard, Hightower of Stewart, Hill, Hunt, Jackson of Richmond, Johnson of Johnson, Jones of Baker, Julian, Kennedy, Maddox, Martin of Houston, Mcintosh, McLeod, Middlebrook, Mitchell, Nichols, Patterson, Polhill, Price, Quillian, Rankin, Reese, Sellars, Scruggs, Smith of Oglethorpe, Smith of Union, Spence, Stapl~ton, Strother, Thompson, Wheeler, Willingham, Youngblood, Mr. Speaker-49.

FRIDAY, SEPTEl\IBER 9, 1881.

797

So the motion to reconsider did not prevail.

The substitute reported by the committee was not adopted.
Mr. Miller offered a substitute for the bill, which was amended and adopted ; the report of the committee, as amended, was agreed to and the bill read the third time; on the question of the passage of the bill, Mr. Miller called for the yeas and nays; the call was sustained, and on calling the roll the vote was as follows, to-wit:
Those voting in the affirmative are Messrs.-
.Adderton, Bacon of Chatham, Barnes, Bassinger, Bird, Branch, Brewer, Broyles, Bull, Burch, Carter, Carithers, Christie, Cook, Crozier, Urnmbley, Daniel, Davis of Habersham, Davis of Lumpkin, Denton, Dial, DuPree of Macon, DuPree of Pike, Dykes, Ed. wards, Estes, Feagin, Garrard, Gaskins, Goodrich, Hammond, Heath, Hester, Hillyer, Hutchins, Jackeon of Carroll, James, Janes, Jones of DeKalb, Kimsey, Lamar, Lewis, Little, Martin of Talbot, Mathews, Mays of Butts, Mays of Michmond, McAllister, McBride, McClure, McClellan, Miller, Mitchell, Milner, Moore of Pierce, Perkins, Post, Reese Render, Rice, Ritchie, Sapp, Singleton, Silman,Spearman, Stanford, Story, Summerlin, Sweat, Turner of Floyd, Turner of Monroe, Turnipseed, vValker of Jasper, Wheeler, Whittle, Williams, vVillingham, Wilkinson, Wingfield, Zellars-80.

Those voting in the negative are Messrs.-
.Awtry, Beatty, Bennett, Cameron, Day, DuBignon, Dyer, Flynt, Fuller, Gray, Hale, Harrell, Henry,
Hightower of Early, Jemison, Jones of Baker, Keil, Lonnon, Lester, McCants, Moore of Hancock, Morrow, Northen, Orr, Palmour, Park, Rainey, Rawlins, Shockley, Smith of Oglethorpe, Tharpe, Walker of

798

Joun.NAL oF TIIE RousE,

Berrien, Walker of Crawford, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Winslow, Withrow, Zachry-39.
Those not voting are Messrs.-
Anderson of Cobb, Anderson of Newton, Arrington, Barrow, Bates, Branson, Brinson, Clark, Coffin, Crawford, Farnell, Fordham, Foster, Hagen, Hall, Harpe, Heard, Hightower of Stewart, Hill, Hunt, Jackson of Richmond, Johnson of Johnson, Johnson of Lee, Julian, Kennedy, Lamb, Maddox, Martin of Houston, Mcintosh, McKinney, McLeod, McLucas, Middlebrook, Moore of Taliaferro, Nichols, Patterson, Peek, Polhill, Price, Quillian, Rankin, Robins, Roney, Sellars, Scruggs, Smith of Union, Spence, Stapleton, Strother, Sumner, Thompson, Twiggs, Wright, Youngblood, Mr. Speaker-55.
So the requisite constitutional majority not having voted in the affirmative, the bill was lost.

~fr. Garrard, chairman of the Committee on Railroads, submitted the following report:
Mr. Speaker :
The Committee on Railroads have had under consideration the following bill of the House, which I am instructed to report back to the House, with the recommendation that they do pass, by substitute, to-wit:
A bill to amend the charter of the Northeastern Railroad Company.
Respectfully submitted, L. F. GARRARD, Chairman protem.

Mr. Gray, chairman pro tem. of the Special Committee on the Judiciary, submitted the following re port:

Mr. Speaker : The Special Committee on the Judiciary have had



FRIDAY, SEPTEMBER 9, 1881.

799

under consideration the following bill, which they recommend do pass, by subt!titute, to-wit:
A bill to amend section 3845 of the Revised Code of 1873, by striking out the words "two dollars," in the third line of said section, and substituting in lieu thereof the words "one dollar," and for other purposes.
Respectfully submitted, ARTHUR H. GRAY, Chairman protem.

Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report :

Mr. Speaker:
'l'he General Committee on the Judiciary have had under consideration the following bills, which they recommend do pass, as amended, to-wit:
A Senate bill to amend section 326 of the Code, which provides how proceedings pending in the Ordinary's Court are disposed of when the Ordinary is disqualified.
Also, House bill to amend section 1408 of the Code of 1873, relating to the punishment for the illegal sale of drugs.
Also, a bill to authorize proceedings in equity in certain cases of insolvency, and for other purposes.

'l'he committee recommend that the following bill do pass, by substitute, to-wit:
A bill to fix the time of holding the Superior Courts of the Western Judicial Circuit.

'l'he committee recommend that the following bill do

not pass, to-wit:

.

A bill to declare the binding force of mortgages and

determine their priority of lien in certain cases, and

to regulate their record.

Also, a bill to change the t.ime of holding the Supe-

rior Courts of Calhoun county.

800

JouRNAL OE' THE HousE,

The committee return the following bill, with recommendation that the introducer be allowed to withdraw; to-wit:
.A. bill to change the time of holding the Superior Courts for the county of Dawson.
Respectfully submitted, W. M. HAMMOND, Chairman.

Mr. DuBignon, chairman of the Committee on Public Property, submitted the following report:

Mr. Speaker:
The Committee on Public Property have had under consideration the following bill, to-wit:
.A. bill to be entitled an act to lease the ten acres of land owned by State, situated at Indian Springs, in the county of Butts, and known as the Indian Springs reserve, and to require the preservation of said spring and reserve.
And they instruct me, as their chairman, to report the same back, with the recommendation that it do not pass.
Respectfully submitted, F. G. DuBIGNON, 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 bills, which they instruct me, as their chaizman, to report, with the recommendation that they do pass, as amended, to-wit :
.A. bill to be entitled an act to amend the Constitution of this State.
Also, a bill for the relief of the Mechanics' Building and Loan Association, of Bibb county, by remission of certain taxes claimed to be due the State.
Also, a bill for the relief of the Home Building and

FRIDAY, SEPTEl\IBER 9, 1881.

801

Loan Association, of Bibb county, by remission of taxes claimed to be due by it to the State.
Also, a bill to be entitled an act for the relief of the Bibb Loan and Building Association, -of Bibb county, by remission of taxes claimed to be due by it to the State.
Also, a bill to be entitled an act for the relief of the City Building and Loan Association, of Bibb county, by remission of taxes claimed to be due by it to the State.
Also, a bill to be entitled an act for the relief of the Ocmulgee Building and Loan Association, of Bibb county, by remission of taxes claimed to be due by it to the State.

The committee have also had the following bills under consideratbn, which they recommend do not pass, to.wit:
A bill to be entitled an act for the payment of ten coupons of the sum of $35 each, due January 1, 1873.
Also, a bill to be entitled an act to provide for the payment of two coupons of a bond of the Macon and Brunswick Railroad Company, indorsed by the State, each for the sum of $35, and due, respectively, July 1, 1872, and January 1, 1873, held by Augustus Barie.
Also, a bill to be entitled an act to carry into effect the last clause of section 1, article 7, of the Constitution.
Also, a bill to be entitled an act to amend section 191 of the Code of 1873, in regard to the pay of member dying during the session.

The committee have also considered the following resolution, which they recommend be agreed to, towit:
A resolution to pay balance of per diem of Ron. James P. Glover, deceased, to his family.
51

802

JouRNAL o.F THE HousE,

Also, the fopowing, which they recommend be not agreed to, to-wit:
A resolution reducing the State tax one-half. Respectfully submitted,
N. L. HuTCIIINS, Chairman.

The following message was received from !the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following bills of the House, to-wit:
A bill to amend seCtion 4259 of the Code of 1873, which was passed by a constitutional majority of yeas 27, nays none.
Also, a bill to alter and amend the corporate limits of the town of Bowden, in the county of Carroll, and for other purposes, which was passed by a constitutional majority of yeas 28, nays none.
Also, a bill to amend an act creating a Board of Police Commissioners for the city of Augusta, which was passed by a constitutional majority of. yeas 30, nays none.
Also, the following Senate bill :
A bill to fix the fees of public weighers of cotton, and to punish the charging and taking of excessive fees, which was passed by a constitutional majority of yeas 23, nays 12.
The Senate has passed the following House bills with amendment, in which they ask the concurrence of the House :
A bill to repeal section 1711 of the Code of 1873, which was passed by a constitutional majority of yeas 28, nays none.
Also, a bill to fix the liq nor license in the county of Montgomery, which was passed by a constitutional majority of yea::; 32, nays none.

FRIDAY, SEPTEMBER 9, 1881.

803

.Also, a bill to provide for collection of special taxes on liquor dealers in this State, which was passed by a constitutional majority of yeas 28, nays none.
.Also; a bill to amend the several acts incorporating the town of Dahlonega, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to amend an act prescribing the method of granting liquor license iu the town of Eastman, and the county of Dodge, which was passed by a constitutional majority of yeas 29, nays none.
.Also, a bill to repeal all laws and all amendments to laws heretofore passed incorporating the town of Blackshear, in the county of Pierce, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill to confer power on the Ordinary of the county of Douglas, to erect gates across public and private roads in eaid county, and for other purposes, which was passed by a constitutional majority of yeas 32, nays none.
.Also, a bill to incorporate the town of Rising Fawn, in the county of Dade, and to grunt powers and privileges to the same,. and for other purposes, which was passed by a constitutional majority of yeas 31, nays none.
The Senate has refused to pass the following bill of the House:
A bill to repeal section 6, of an act entitled an act to levy and collect a tax for the support of the State government, and the public institutions ; to pay the interest and maturing principal of the public debt, and for educational and other purposes herein mentioned, for each of the fiscal years of 1881 and 1882, approved December 7, 1880, and to re-enact in lieu thereof a section fixing and regulating a tax on Building and L:;~an Associations.
On motion of Mr. Miller, House bill No. 774, which was the next special order in order, was postponed

804

JOURNAL OF THE HOUSE,

until Tuesday next, when it shall be the special order immediately after the reading of the Journal.
On motion of Mr. Miller, the rules were suspended to allow the introduction of the following bill and resolutipn, to-wit:
By Mr. EstesA resolution to abolish the office of State Geologist.
Read the first time and referred, with the opmion of the Attorney-General to the Committee on Finance, towit:
ByMr. HallA bill to change the time of holding the Spring
Term of Echols Superior Court. Read the first time and referred to the General Com-
mittee on the Judiciary.
Mr. N orthen, 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 pass, to-wit:
A bill to be entitled an act to abolish the office of County School Commissioners, and to require the Ordinaries to perform their duries.
Respectfully submitted, W. J. NoRTHEN, Chairman.

Mr. Mays, of Richmond, from the committee appointed to investigate the question of the obstructions in the Savannah river, at Augusta, or near there, submitted the following report :

Mr. Speaker :
The committee appointed under a joint resolution of the General Assembly, from the two Houses, to take into consideration the terms of the convention of

FRIDAY, SEPTEMBER 9, 1881.

805

Beaufort, as to the line between Georgia and South Carolina, and especially as touching the question of obstruction in the rivers forming said boundary lines; also, what acts have been passed by the Legislahue ofGeorgia, ifany, authorizing and permitting said rivers to be dammed up or obstructed as to prevent navigation and the free passage of fish ; also, to inquire what obstructions or dams have been placed in or across said rivers, at what places, and the character of such obstructions and their effect upon the navigation and free passage of fish, and report what action, if any, should be taken to induce a compliance on the part of Georgia with the terms of the treaty, have bad under consideration the various duties, and the undersigned, as a part of said committee, beg leave to submit the following report:
Upon reference to the articles of the convention held at Beaufort, in the State of South Carolina, and approved on the 28th of April, 1787, and subsequently ratified by both Georgia and South Carolina, we find that the boundary line was definitely established by said convention, and also that it was enacted by said convention that the navigation of the Savannah river and the most northern stream of the Tugalo river shall be henceforth equally free to the citizens of both States and exempt from all duties, tolls, hindrance, interruption and molestation whatsoever, attempted to be enforced by one State on the citizens of another.
We find a great deal of legislation upon the subject on our statute books, beginning as early as 1802 and extending down to 1871, the most important of which begins with the act approved December15, 1809,which was an act to keep open, remove and prevent obstructions in Savannah river calculated to impede the free passage of fish and the navigation of said river by boats, so far as respects the counties of Richmond, Columbia, Lincoln, Elbert and Franklin, as far as the mouth of Tugalo and Keowee rivers.

806

. JOURNAL. OF THE HoUSE,

Again, an act to keep open, remove and prevent ob structions in Savannah rivN calculated to impede the free passage of fish, and for other purposes, approved December 10, 1812; also, another act, amendatory of the last named act above, approved December 18,1816; also, another act on same subject, approved December 22, 1829 ; also, an act amendatory of the act of 1829, approved December 22, 1830.
All of the aforenamed acts look mainly to keeping open and unobstructed for navigation and the passage of fish the Savannah and Tugalo.rivers.
On December 27, 1845, an act was approved incorporating the proprietors of the Augusta Canal Company, and giving them certain privileges and powers, but requires said company to open and keep open the boat sluice on the outside of their dam, at the head of their canal, so that navigation of the river at that point shall be made and kept at least as good as it was before the construction of their dam ; and the said proprietors shall not be allowed by any extension of said dam, or any other work, to obstruct the navigation of said river or the free passage of fish.
We also find that by an act approved the 19th December, 1849, the Board of Managers of the Augusta Canal Company was empowered to sell, transfer and convey to the City Council of Augusta the canal, its appurtenances and all other property and effects belonging to said company, and that the City Council of Augusta shall be vested with all the power and authority and privileges conferred on said company.
Then by an act approved December 12, 1871, we find that said City Council of Augusta was authorized and empowered to enlarge the said Augusta Canal any where along the line of said canal by widening and deepening the same, making basins and reservoirs or otherwise ; also, to construct a branch canal, canals leading from said canal to the Savannah river, or from said Savannah river to said canal, or from

FRIDAY, SEPTE.MBER 0, 1881.

807

any part of said canal to any part thereof; and to construct any dams, aqueducts, tow-paths, wasteweirs, races, weirs, or other structures to improve or make available said canal and branch canal, or canals for manufacturing purposes. vVe find no other legislation by our State upon this subject which we deem material.
Your committee, on the 24th of August last, visited Augusta for the purpose of examining the dam constructed by the City Council of Augusta at the head of their canal. They found this dam extending entirely across Savannah river at that -point. It runs for 1000 feet obliquely up the river, and is, in dimen-
sions, 21 feet wide at the base and 6t feet at the top,
averages about 101- feet high. At the end of the 1000 feet it turns almost at a right angle with the channel of the river, and extends a distance of 720 feet to the Carolina bank of the river, with practically the same dimensions of the first section. In this 720 feet are four openings, three of which are about 20 feet each in width ; the fourth one is only 12 feet wide. These openings were made fvr the purpose of admitting the passage of fish. The entirA dam is constructed in the most approved style of masonry, and combines the greatest durability and strength. The undersigned are of the opinion that it is impossible for fish to ascend through these openings in the dam. The dammed up water escapes with such tremendous force and velocity, that it as practically obstructs the river as if they had not been made, or as if the dam had been constructed solidly from bank to bank. Owin~
to the peculiar construction of the river immediately
below said dam, the greatest facilities are afforded fishermen in placing traps, nets, seins and any and aU other means for catching fish. Before the dam was built, the water over these shoals was too strong and deep to allow this fishing so extensively as at present ; and abstruction offered by the dam now cau-

808

JOURNAL OF THE RoUSE,

ses them to congregate in much larger numbers than before, and can be more readily caught. Now, as to what action should be recommended to induce a compliance on the part of Georgia with the terms of the treaty, the undersigned feel a great diffidence in suggesting. We are firmly of the opinion if Augusta had allowed her dam remain connected at one end to the island in the river, as it was before the enlargement, or had continued it diagonally up the river until it reached another island still further out in the river than the first dam went, it would have secured as much water as they now have or as the city will ever receive, but in view of the large expenditure already made by Augusta in constructing this dam across the river, the undersigned recommend that the city of Augusta be allowed a reasonable time to construct s11ch fish ways in the vacancies already in the dam as it now stands ; to determine by actual experiment if it be practicable thereby to admit thA free passage of fish. If, after such experiment, the fish ways should prove impracticable, we recommend that the dam be so changed as to leave open one-fourth of the river in one continuous span of water.
All of which the undersigned respectfully submit. S. H. MoSELY, Chairman. W. H. MATTOX, of the Senate.

Mr. Mays, of Richmond, of the House Committee, also submitted the following, to-wit :
I concur in the above report with the following exceptions:
1. After a careful examination and inspection of the sluices or openings in the above described dam, and being assured by experiencenced fishermen that said sluices or openings are sufficient and ample for the free passage of fish up and down said Savannah river, I am constrained to dissent from that portion ofthe report which expresses the opinion that it is im-

FRIDAY, SEPTEMBER 9, 1881.

809

possible for fish to ascend through these openings in the dam, on account of the force and velocity with which the water escapes through said openings.
I also, am compelled to dissent from that part of the report which declares in effect that the erection of the dam has facilitated the trapping of fish immediately below it, by making a scarcity of water among the shoals at that point. It is in my knowledge that fish were trapped among said shoals in much greater numbers before the construction of the dam than since.
I must dissent also, from any language contained in the report which implies that these obstructions are a violation of the treaty of Beauford, or the laws of Georgia, or of South Carolina, now of force.
I am also convinced that in no other way could the proprietors of the Augusta canal have procured either the volume or the pressure of water which they now require and use in supplying the manufacturing operations of Augusta and vicinity than the one actually adopted in the construction of their dam.
Respectfully submitted, S. WARREN MAYS,
Of the House of Representatives.

.Also-, the following additional report :
The Savannah river was mwer navigable above Augusta for other than pole boats, and since the proprietors of the Augusta canal have provided ample facilities for their passage through their canal, we do not find that navigation has been impeded at the point where the obstructions lie in sajd Savannah river.
Respectfully submitted, W. H. MATTOX, of the Senate, S. WARREN MAYS, of the House.

The communications from the City Council of Savannah were referred to the Committee on Finance.

810

JOURNAL OF THE RoUS~

The Senate amendments to the following House bills were concurred in, to-wit:
A bill to provide for the collection of the special taxes on liquor dealers, and dealers in bitters.

Also, a bill to require county officials to provide for the doing of extraordinary work on the public roads at the county's expense.
Also, a bill to fix the time for the election of Mayor and Aldermen of the town of Eastman, and prescribe the qualification and require the registration of all voters.

Also, a bill to repeal all laws incorporating Blackshear, in Pierce county, and to provide fora new char ter.
Also, a bill to put the liquor license in Montgomery county at five thomand dollars.
Aho, a bill to repeal section 1711 of the Code. Also, a bill to incorporate the town of Rising Fawn, in Dade county. Also, a bill to amend the several acts incorporating the town of Dahlonega. Also, a bill to amend the liquor license laws for the county of Dodge, and the town of Eastman. Also, a bill to incorporate the town of Leary, in the county of Calhoun, to grant election powers and privileges to the said town, and for other purposes.

The House concurred in the first Senate amendment,

but refused to concur in the second Senate amend-

ment to the following bill, to-wit:

A bill to provide for the erection of gates across pub-

lic and private roads in Douglas county.

..

The following bill was read the third time, the report

of the committee was agreed to, the proofs of the publi-

cation of the notices required by law were exhibited,

and the bill passed, as amended, by the requisite con-

stitutional majority-yeas 94, nays none-to-wit:

A bill to repeal an act to incorporate the town of

FRIDAY, SEPTEMBER 9, 1881.

811

Vienna, in the county of Dooly, and to appoint commissioners for the same, and to confer certain powers and privileges on said commissioners, assented to December 22, 1857, and to re-incorporate said town of Vienna, provide a government for the same, and to define its powers and liabilities.
Leave of absence was granted to Messrs. Brewer, Feagin, Summerlin, Winslow, Hightower of Stewart, and Rawlins, on account of si11kness; to Messrs. Polhill, Dyer, Cook, McCants, Hester, Walker of Jasper, Jones of Baker, and Dial, on business.
The House then adjourned till 3:30 o'clock p. m.

3:30 O'CLOCK P.M.
The House re-assembled, the Speaker in the chair. The roll was called and a quorum found to be present.
The rules were suspended, on motion of Mr. Mays, of Butts, and the following resolution introduced, read the first time and referred to the Committee on Finance, to-wit :
A resolution to authorize the Governor to make investigation as to lease of the Indian Springs reservation.
The following bill was read the third time, the report of the committee was agreed to and the requisite con stitutional majority not having voted in the affirmative-yeas 73, nays 14-the bill was lost, to-wit:
A bill to amend section 3845 of the Code of 1873.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was agreed to, and the bill passed, by substitute, by the requisite constitutional majority-yeas 101, nays none -to-wit:
A bill to prohibit the sale of ardent or spirituous

812

JOURNAL O.Jr THE HOUSE,

liquors, except for medicinal or mechanical purposes, in the county of Macon.
The following bill was read the third time, the re'J)Ort 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 to alter and amend section 1 of an act for the 'Prevention of cruelty to animals, approved October 20, 1879.
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 95, nays none-to-wit:
A bill to alter and amend an act to prescribe fees of Solicitors of County Courts, etc., approved October 15, 1879.
The following bill was read the third time, the report of the committee was amended and agreed to, to-wit:
A bill to require Ordinarys to register the names of persons for whom they shall issue marriage license, and to require Judges, Justices and Ministers of the Gospel to return the same, and for other purposes.
On motion of Mr. Estes, the bill was re-committed to the committee on General Judiciary.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, as amended, by the requisite constitutional majority-yeas 100, nays none-to-wit:
A bill to incorporate the Cedartown Railroad Company, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the pubJication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite

FRIDAY, SEPTEMBER 9, 1881.

813

constitutional majority-yeas 100, nays none-to-wit: A bill to submit to the qualified voters of Sumter
county the question of prohibiting the sale of spirituous or malt liquors in said county.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 95, nays none-to-wit:
A bill to amend an act incorporating the town of Talbotton, in the county of Talbot, so as to authorize the City Council of said town to create fire limits, as reguards the erection of wood buildings upon the blocks surrouning the public square.
On motion of Mr. McBride, House bill No. 739 was taken from the table and placed on the calendar.
The following 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 95, nays none-to-wit:
A bill to amend section 3509 of the Code of 1873.
The following bill was read the third time and lost, the requisite constitutional majority not voting in the affirmative-yeas 78, nays 20-to-wit:
A bill to authorize and require couuty officials to grant an order authorizing any citizen to place gates across public roads upon a proper case made.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 100, nays none-to-wit:
A bill to prohibit the sale of spirituous, vinous, malt or any other intoxicating liquors, within three miles of the academy located in the village of LaFayette, Walker county, Georgia.
The following bill was read the third time, the

814

J OUHNAL OF THE HOUSE,

report of the committee wat~ agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed by the requisite consti tutional majority-yeas 92, nays none-to-wit:
A. bill to prohibit the sale of spirituous liquors in the county of Wilkinson, State of Georgia.
The rules were suspended and the following resolution read the second time, to wit:
A resolution to pay balance due Ron. James T. Glover as per diem pay as a member of this House.
Also, the following bills were read the second time, to-wit:
A bill to amend the Constitution of this State. Also, a bill for the relief of the Mechanics Building and Loan Association of Bibb county, by remission of taxes. Also, a bill for the relief of the Ocmulgee Building and Loan ..Association of Bibb county, by remission of taxes. .Also, a bill for the relief of the City Building and Loan ..Association of Bibb county, by remission of taxes. ..Also, a bill for the relief of the Home Building and Loan Association of Bibb county, by remission of taxes. Also, a bill for the relief of the Bibb Loan and Building Association of Bibb county, by remission of taxes. Also, a bill to amend section 1408 of the Code of 1873. Also, a bill to amend section 4139 of the Code of Georgia. ..Also, a bill to encourage the culture offish in Ocean Pond, and in certain lakes and ponds in Lowndes county. Also, a bill to require the Judges of the Superior Courts, upon request in the trial of civil cases, to fur-

FmDAY, SEPTEMBER 9, 1881.

815

nish juries with written instructions as to the form of their verdict.
.Also, a bill to amend the charter of the Bainbridge, Cuthbert and Columbus Railroad, to change the name of said road, etc.
.Also, a bill to incorporate the Elberton and Petersburg Railroad Company.
.Also, a bill to amend an act to amend section 3514 of the Code, approved February 24, 1877.
.Also, a bill to carry into effect section 3921 of the Code of 1873, and to provide for the payment of the committee appointed by the grand jury.
.Also, a bill to provide for the preparation of new jury lists, and to authorize the drawing and summoning of pP-rsons to serve as grand and traverse jurors in the Superior Courts of this State in cases where the jury box and jury lists, or either, shall have been lost or destroyed, and to provide for the preparation and service of new venires in like cases, and for other purposes .
.Also, a bill to amend section 3 of an act to regulate the manner of letting out contracts to build or repair public buildings, bridges, etc., approved September 29, 1879, by striking from the fourteenth line of said section the word " one," and inserting the word "five."
.Also, a bill to fix the time of holding the Superior Courts of the Western Judicial Circuit.
.Also, a bill to authorize proceedings in equity in certain cases of insolvency.
.Also, a bill to incorporate the Georgia, Southern and Florida Railroad Company.
.Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenue for the county of Taylor, define their powers and duties.
.Also, a bill to incorporate the Indian Springs Railroad Company.

816

Jo'uRN.AL oF THE RousE,

Also, a bill to amend the charter of the Northeastern Railroad.
Also, a bill to incorporate the Suwannee and Cumming Railroad.
Also, a bill to abolish the County Court of Scriven county, and for other purposes.
Leave of absence was granted to Mr. Strother, on business, and to Mr. DuBignon until Tuesday next.
On motion of Mr. Wilson, of Camden, the House then adjourned until 9 a. m., to-morrow.

ATLANTA, GEORGIA,
Saturday, September 10, 18Sl.
The House met pursuant to adjounment, was called to order by the Speaker and opened with prayer by Mr. Kimsey, of the House.
The roll was called and the following members were absent:
Those absent are Messrs.-
Anderson of Cobb, Anderson of Newton, Arrington, Branson, Clark, Cook, Crawford, Dial, DuBignon, DuPree of Pike, Dyer, Farnell, Feagin, Fordham, Hagen, Hall, Harp, Heard, Hester, Hightower of Stewart, Hunt, Johnson of Johnson, Jones of Baker, Kennedy, Maddox, Martin of Houston, McCants, McLeod, Moore of Taliaferro, Polhill, Price, Quillian, Rankin, Rawlins, Sellars, Scruggs, Smith of Oglethorpe, Smith of Union, Spence, Stapleton, Strother, Summerlin, Thompson, Turner of Floyd, Walker of Jasper, Whittle, Willingham, Wilson of Greene, Winslow, Youngblood-50.
Those present are Messrs.-
Adderton, Awtry, Bacon of Chatham, Barnes, Bar-

SATURDAY, SEPTEMBER 10, 1881.

817

row, Basinger, Bates, Beatty, Bennett, Bird, Branch, Brewer, Brinson, Broyles, Bull, Burch, Cameron, Carter, Cari.-tlers, Christie, Coffin, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, DuPree of Macon, Dykes, Edwards, Estes, Flynt, Foster, Fuller, Garrard, Gaskins, Goodrich, Gray, Hale, Hammond, Harrell, Heath, Henry, Hightower of Early, Hill, Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Lee, Jones of DeKalb, Julian, Keil, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McAllister, McBride, McClure, McClellan, Mcintosh, McKinney, McLucas, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Morrow, Nichols, Northen, Orr, Palmour, Park, Patterson, Peek, Perkins, Post, Rainey, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Shockley, Singleton, Silman, Spearman, Stan. ford, Story, Sumner, Sweat, Tharpe, Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, Wheeler, Williams, vVilkinson, Wilson of Bulloch, Wilson of Camden, Wingfield, Withrow, Wright, Zachry, Zellars, Mr. Speaker-124.

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

Mr. Miller gave notice of a motion to reconsider. Mr. Silman gave notice of a motion to reconsider. Mr. Sweat gave notice of a motion to reconsider.
Mr. Miller moved to reconsider so much of the Journal as relates to the action of the House upon a bill to regulate the practice of medicine in this State.
The motion to reconsider prevailed, and on motion of Mr. Miller, the bill was made the special order for
52

818

JouRNAL oF THE HousE,

Wednesday next, immediately after the reading of the

JournaJ, and 200 copies of the substitute ordered

printed.

'

Mr. Silman moved to reconsider so much of the Journal as relates to the action of the House upon a bill to amend section 3845 of the Code. The motion to reconsider prevailed.

Mr. Sweat moved to reconsider so much of the Journal as relates to the action of the House upon a bill to provide for the erection of gates across public roads, etc. The motion to reconsider prevailed.

The special order was taken up, to. wit: A bill to appropriate money for the compensation of VanDyke, Cooke & VanDyke and N. J. Hammond, attorneys and solicitors, for services rendered the State in the cases and courts therein mentioned.

This bill had been previously considered in Committee of the whole House, and the report of that. committee, favorable to its passage, had been agreed
to, and the question was on the passage of the bill,
and on that question the yeas and nays were required to be recorded; the bill was read the third time, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Bacon of Chatham, Barnes, Bates, Beatty, Bird, Bull, Cameron, Christie, Coffin, Crozier, Crumbley, Davis of Habersham, Davis of Lumpkin, DuPree of Macon, Dykes, Edwards, Estes, .Flynt, Fuller, Garrard, Goodrich, Hammond, Heath, Hill, Hutchins, Jackson of Richmond, James, Janes, Jemison, J ones of DeKalb, Julian, Kimsey, Lamar, Lamb, Lester, Lewis, Little, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McAllister, Me Kinney, Miller, Mitchell, Milner, Moore of Pierce, Morrow, Nichols, Northen, Park, Patterson, Peek, Perkins, Post, Rainey, Reese, Render, Ritchie, Roney,

SATURDAY, SEPTEMBER 10, 1881.

819

Singleton, Silman, Spearman, Stanford, Story, Sweat, Turner of Monroe, Twiggs, Walker of Berrien, Walker of Crawford, wheeler, Wilkinson, Wingfield, Wright, Zachry, Zellars-77.

Those voting in the negative are Messrs.-
Awtry, Bennett, Branch, Brinson, Broyles, Carter, Carithers, Day, Denton, Gaskins, Hale, Harrell, Henry, Hightower of Early, Jackson of Carroll, Johnson of Lee, Keil, Lonnon, McClure, McClellan, McLucas, Moore of Hancock, Orr, Palmour, Robins, Sumner, Tharpe, Turnipseed, Williams, Wilson of Bulloch, Wilson of Camden, Withrow-32.

Those not voting are Messrs.-
Anderson of Cobb, Anderson of Newton, Arrington, Barrow, Basinger, Branson, Brewer, Burch, Clark, Cook, Crawford, Daniel, Dial, DuBignon, DuPree of . Pike, Dyer, Farnell, Feagin, Fordh~m, Foster, Gray, Hagen, Hall, Harp, Heard, Hester, Hightower of Stewart, Hillyer, Hunt, Johnson of Johnson, Jones of Ba ker, Kennedy, Maddox, Martin of Houston, McBride, McCants, Mcintosh, McLeod, Middlebrook, Moore of Taliaferro, Polhill, Price, Quillian, Rankin, Rawlins, Rice, Sapp, Sellars, Scruggs, Shockley, Smith of Oglethorpe, Smith of Union, Spence, Stapleton, Strother, Summerlin, Thompson, Turner of Floyd, Walker of Jasper, Whittle, Willingham, Wilson of Greene, Winslow, Youngblood, Mr. tlpeaker-66.

So the requisite constitutional majority not having voted in the affirmative, the bill was lost.
Mr. Sweat, 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

820

JOURNAL OF THE RoUSE,

the House of Representatives, the following acts, towit:
An act to incorporate the town of Arlington, in the counties of Calhoun and Early, and provide for the election of a Mayor and Aldermen for said town.
Also, an act to amend an act to require the payment of moneys, arising from fines and forfeitures, into the county treasury, and regulate the disbursement of the same, approved February 29, 1876.
Also, an act to confer police powers upon conductors of passenger trains in this State, to provide a pun ishment for a neglect of their official duties, and for other purposes.
Also, an act to prohibit the sale of spirituous, malt, or intoxicating liquors, in any quantity whatever, in the 427th district, G. M., in the county of White, and known as N acoocheP- district, and to provide a penalty therefor.
Also, an act to amend an act to create a Board of Police Commissioners for the city of Augusta, and for other purposes.
Also, an act to alter and amend the corporate limits of the town of Bowden, in Caroll county.
Also, an act to increase the license for selling intoxicating liquors in any quantity to five thousand dollars in the county of Camden.
Also, an act to prescribe the mode and manner of having the lines and corners established around certain lots of land in Clinch county.
Also, an act to repeal all the laws concerning the registration of voters in Camden county.
Also, an act to change the time of holding the Su perior Courts in the county of Upson.
Also, an act to change the time of holding the Spring Terms of Macon Superior Court.
Also, an act for the relief of James M. Rouse, Seaborn M. Hunt, John Feron, Thomas J. Harris and

SATURDAY, SEPTEMBER 10, 1881.

S~J..

John Odum, securities ou the bond of H. H. Rouse, late Tax Collector ofWorth county.
Also, an act to incorporate the town of Pelham, in the county of Mitchell, and provide a government for the same.
Also, an act to fix the amount of license tor selling spirituous, intoxicating or malt liquors in the county of Charlton.
Also, an act to prohibit the sale of spirituous,vinous and malt liquors, except for medicinal and mechanical purposes, in the county of Glynn.
Also, an act to appropriate money to refund double taxes illegally collected by the State of Georgia, from the Underwriters' Agency of New York.
Also, an act to appropriate money to refund double taxes illegally collected by the State of Georgia, from the Home Insurance Company ofNew York.
Also, an act to authorize the city of Americus to increase its indebtedness as prescribed in section 7, article 7 of the Constitution.
Also, an act to amend an act to extend and define the corporate limits of the town of Greenville, in the county of Meriwether.
Also, an act to amend section 4259 of the Code of Georgia, in reference to the service of bills of exceptions.
Also, an act to amend the acts approved February 27, 1877, and October 13, 1879, in reference to the road laws of Fulton county.
Respectfully E~nbmitted, J. L. SwEAT, Chairman.

Mr. N ortben! chairman of the Committee on Education, submitted the following report:
Mr. Speaker: The Committee on Education have had under con- .

822

JouRNAL oF THE HousE,

sideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to authorize the Town Council of Thomaston, in Upson county, to issue and sell bonds to the amount of five thousand dollars, and appropriate the proceeds to educational purposes, and to levy and collect a tax upon the taxable property within the corporate limits of said town to pay said bonds.
Respectfully submitted, W. J. N ORTHEN, Chairman.

The House went into the Committee of the Whole HousP.

Mr. Martin, of Talbot, chairman of the Committee of the "'\Vhole House, made the following report :

Mr. Speaker:

The Committee of the Whole Honse have had under consideration-
A resolution to pay to the heirs of Hon. James T. Glover, late member of the House, the balance of per diem due him.
Which they have instructed me to report back, with the recommendation that it be agreed to.
The report of the committee was agreed to, and the resolution read the third time; on the question of agreeing to the resolution, the yeas and nays were required to be recorded, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
, Adderton, Awtry, Bacon of Chatham, Barnes, Basinger, Bates, Beatty, Bennett, Bird, Branch, Brinson, Broyles, Bull, Burch, Cameron, Carter, Christie, Coffin, Crozier, Crumbley, Davis of Habersham, Davis of Lumpkin, Day, Denton, DuPree of Macon, Edwards,

SATURDAY, SEPTEMBER 10, 1881.

823

Estes, Flynt, Fuller, Garrard, Gaskins, Goodrich, Hale, Hammond, Harrell, Heath, Henry, Hightower of Early, Hill, Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Lee, Jones of DeKalb, Julian, Keil, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McAllister, McBride, fMcClure, McClellan, . McKinney, McLucas, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Morrow, Nichols, Northen, Orr, Palmour, Park. Patterson, Peek, Perkins, Post, Rainey, Reese, Render, Ritchie, Robins, Roney, Shockley, Silman, Spearman, Stanford, Story, Sumner, Sweat, Tharpe, Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, Wheeler, Williams, Wilkinson, Wilson of Bulloch. Wilson of Camden, Wingfield, Withrow, Zachry, Zellars-110.

Those not voting are Messrs.-
Anderson of Cobb, Anderson of Newton, Arrington, Barrow, Branson, Brewer, Carithers, Clark, Cook, Crawford, Daniel, Dial, DuBignon, DuPree of Pike, Dyer, Dykes, Farnell, Feagin, Fordham, Fos ter, Gray, Hagen, Hall, Harp, Heard, Hester, Hightower of Stewart, Hunt, Johnson of Johnson, Jones of Baker, Kennedy, Maddox, Martin of Houston, McCants, Mcintosh, Mc.Leod, Middlebrook, Moore of Taliaferro, Polhill, Price, Quillian, Rankin, Rawlins, Rice, Sapp, Sellars, Scruggs, Singleton, Smith of Oglethorpe! Smith of Union, Spence, Stapleton, Strother, Summerlin, Thompson, Turner of Floyd, Walker of .Jasper, Whittle, Willingham, Wilson of Greene, Winslow, Wright, Youngblood, Mr. Speaker-64.
So the resolution was agreed to, the requisite constitutional majority having voted in the affirmative.
On motion of Mr. Garrard, the following bill was

824

JouRNAL OF THE HousE,

made the special order for Thursday next, immediately after the reading of the Journal, to-wit:
A bill (No. 169) to amend the Constitution of this State.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, as amended, by the requisite constitutional majority-yeas 94, nays none-to-wit:
A bill to relieve the Mechanics' Building and Loan Association, of Bibb county, by remission of taxes claimed to be due the State for certain years therein specified.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 96, nays none-towit:
A bill to relieve the Home Building and Loan Association, of Bibb county, by remission of taxes claimed by the Comptroller-General to be due the State by it for certain years therein specified.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority-yeas 91, nays none -to-wit:
A bill to relieve_.th(Bibb Building and Loan Association, of Bibb county, by remission of taxes claimed by the Comptroller-General to be due the State by it for certain:years therein)pecified.
The following bill was read the tbird time, thtl report of the committee was agreed to, the proofs of the publication of the notices~required by law were exhibited

SATURDAY, SEPTEMBER 10, 1881.

825

and the bill passed, as amended, by the requisite constitutional majority-yeas 89, nays none-to-wit:
A bill to relieve the City Building and Loan Association, of Bibb county, by remission of taxes claimed by the Comptroller-General to be due the State by it for certain years therein specified.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 89, nays none-to-wit:
A bill to relieve the Ocmu1gee Building and Loan Association, of Bibb county, by the remission of taxes claimed by the Comptroller-General to be due the State by it for certain years therein specified.
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 91, nays none-to-wit:
A bill to amend section 4139 of the Code of Georgia.

House bill No. 436 was laid on the table.

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 95, nays none-to-wit:
A bill to amend section 1408 of the Code of 1873, relating to the punishment for the illegal sale of drugs.

The following bill was read the third time, the report of the committee was agreed to and the bill passed by the requisite constitutional majority-yeas 91, nays none-to-wit:
A bill to require the Judges of the Superior Courts of this State, upon request, in the trial of civil cases,

826

J OURN.A.L OF THE HOUSE,

to furnish juries with written instructions as tu the form of their verdict.
House bills Nos. 724, 738 and 743 were, on motion, laid on the table.
. The following bill was read the third time, the report of the committee was argeed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 99, nays none-to-wit:
A bill to amend the charter of the Bainbridge, Cuthbert and Columbus Railroad Company, to change the name and to increase the capital stock of said company, and for other purposes.
The following 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 95, nays none-to-wit:
A bill to provide for the preparation of new jury lists, and to authorize the drawing and summoning of persons to serve as grand and traverse jurors in the Superior Courts of this State in cases where the jury box and jury list, or either, shall have been lost or destroyed, and to provide for the preparation and service of new venires in like cases, and for other purposes.
On motion of Mr. Reese, the following bill (No. 724) was taken from the table, read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the com:nittee was agreed to, and the bill passed, by substitute, by the requisite constitutional majority-yeas 90, nays none-to-wit:
A bill to incorporate the Elberton and Petersburg Railroad Company.
Mr. Miller, chairman of the Committee on Privileges and Elections, submitted the following report: Mr. Speaker :
The Committee on Privileges and Elections have had

SATURDAY, SEPTEMBER 10, 1881.

827

under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to regulate and fix the time of holding elections by the General Assembly.
Respectfully submitted, A. L. MILLER, 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 bills, which they instruct me, as their chab:man, to report, with the recommendation that they do pass, as amended, to-wit:
A bill to be entitled an act to encourage the propaga tion of fish in the waters of the State of Georgia, and for the protection of the same.
Also, a bill to be entitled an act to appropriate three thousand dollars for the purchase of books for the State Library, and to prescribe the manner of expending the same, and for other purposes.
Also, the following resolution, which they recommend be agreed to, to-wit:
A resolution to authorize the Governor to make investigation as to the Indian Springs reservation, etc.
The committee instruct me to return the following bill, and request that it be read the second time and printed, to-wit:
A bill to be entitled an act to provide for the correct assessment of the property of' this State, and for the purposes of taxation.
Respectfully submitted, N. L. HuTCHINS, Chairman.
The following mes~age was received from the Senate through Mr. Harris, the Secretary thereof: Mr. Speaker :
The Senate has passed the following bills of the Senate, to-wit:
A bill to repeal section 3935 of the Code of 1873,

828

JOURNAL OF THE HoUSE,

which was passed by a constitutional majority of yeas 25, nays 4.
.Also, a bill to make the first or return term the trial term upon all suits brought in the Superior Courts upon all written obligations where it is so agreed upon in the face of the contract sued upon, which was passed by a constitutional majority of yeas 27, nays 3.
.Also, a bill to provide for the appointment of a committee of Senators to act as a board of visitors to the State University, and for other purposes, which was passed by a constitutional majority of yeas 30, nays none.
.Also, a bill to regulate and fix the mode of appointment and the official term of the State Librarian, and to repeal that portion of section 72 of the Code of 1873 which relates to the State Librarian being appointed and removed at the pleasure of the Govern.:>r, which was passed by a constitutional majority of yeas 30, nays none.
The Senate has passed the following bills of the House, with amendments, in which they ask the concurrence of the House, to-wit:
.A bill to create a B;)ard of Commissioners for Worth county, define their powers and dutiei!, and for other purposes, which was passed by a constitutional majority of yeas 34, nays none.
.Also, a bill to incorporate the Dahlonega Savings Bank, which was passed by a constitutional majority of yeas 24, nays none.
.Also, a bill to amend the charter of Macon, which was passed by a constitutional majority of yeas 26, nays none.
.Also, a bill to supersede the act incorporating the town of Buuhanan, which W<.LS passed by yeas 30, nays none.
.Also, the following bills of the House, to-wit:
A bill to incorporate the Augusta and Savannah

S.ATURD.AY, SEPTEMBER 10, 1881.

829

Steamboat Company, which was passed by a constitutional majority of yeas 26, nays none.
Also, ~ bill to amend an act creating a Board of Commissioners for the county of Greene, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to enlarge the jurisdiction of the City Court of Savannah, which was passed by a constitutional majority of yeas B2, nays none.
Also, a bill to appropriate the sum of ten thousand dollars to the University of Georgia, which was passed by a constitutional majority of yeas 37, nays none.
Also, a bill to prescribe the mode of granting liqnor license in the county of Telfair, whic.h was passed by a constitutional majority of yeas 31, nays none.
Also, a bill to incorporate the Broad River Railroad Company, which was passed by a constitutional majority of yeas 31, nays none.
Also, a. bill to provide for changing the time of holding the Superior Court of Troup county, which was passed by a constitutional majority of yeas 28, nays none.
Also, a bill to amend an act incorporating the town of Decatur, which was passed by a constitutional majority of yeas 28, nays none.
Also, a bill to prohibit the sale of liquors within two miles of the Baptist and Methodist. churches, in the town of Long Cane, which was passed by a constitutional majority of yeas 27, nays none.
Also, a bill to prohibit the sale of liquors within two miles of Prospect church, in the county of DeKalb, which was passed by a constitutional majority of yeas 25, nays none.
Also, a bill for the relief of certain members of the Second Baptist church of the city of Columbus, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to provide for fixing the venue in suits

830

JouRNAL OF THE RousE,

against Telegraph Companies, to provide for service in such cases arising within the State of Georgia, which was passed by a coR.stitutional majority of yeas 30, nays none.
:\fr. Garrard, chairman of the Committee on Railroads, submitted the following report:
Mr. Speaker :
The Committee on Railroads have had under consideration the following bill, which they recommend do pass, by substitute, to-wit:
.A bill to be entitled an act to authorize the crossing by bridge or track of the outlet of the Savannah and Ogeechee, below the lower lock in the city of Savannah, so as to connect the property of the Central Cotton Press Company with the adjacent property of the Central Railroad & Banking Company of Georgia, and for other purposes.
Respectfully submitted, L. F. GARRARD, Chairman protem.

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

Mr. Speaker:
'fhe 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 amend an act to incorporate the town of Palmetto, of Campbell county, and for other purposes .
.Also, an act to make it penal to use, on any ofthe streams of this State, any ~::xplosive substance for the purpose of killing fish.
.Also, an act to define and declare and make plain, the bounds and limits of the militia district in Chatham county, outside of Savannah.

SATURDAY, SEPTEMBER 10, 1881.

831

Also, an act to fix the amount of license for selling spirituous liquors in the county of Charlton, in this State, and for other purposes.
Also, an act to correct certain mistakes of reference in the lien laws of this State.
Also, an act to provide for the signing and certifying of bills of exceptions, now required by law in twenty days, after said twenty days in certain cases.
Also, an act to fix the fees of Justices of the Peace and Constables ht certain cases.
Also, an act to alter and amend the several acts incorporating the city of Macon, providing for the election of Clerk and Treasurer of said city by the Mayor and Aldermen.
Also, an act to change the time of holding the Superior Courts in the county of Quitman.
Also, an act to amend the charter of the Savannah, Florida and Western Railway Company.
Also, an act to prohibit the riding or driving of any horse or mule belonging to another without his consent, and for other purposes.
Also, an act to repeal section 3 of an act incorpo rating the town of Clarksville, approved December 9, 1871.
Also, an act to repeal so much of an act to prevent any person or persons from seining for fish in the waters of the Suwannoochee and Towns creeks, in the counties of Clinch and Echols, as relates to Clinch county.
Also, an act to authorize the sale of certain lots and fractional lots of land in this State.
Also, an act to grant to R C. Mitchell & Co. certain privileges in making abstract of records in Fulton county..
Also, an act to increase the salary of the County Treasurer of the county of Baldwin to $500 per annum.
Also, an act to continue of force an act to authorize

832

JOURNAL OF THE HOUSE,

the county of Dougherty, by its Commissioner, to issue bonds of said county, and for other purposes.
Also, an act to amend an act to authorize the issue of interest-bearing bonds by the Mayor and Council of the city of Macon, for refunding the present bonded debt and funding that part of the floating debt of the city of Macon herein specified.
Also, an act to appropriate money to the Georgia .Academy for the Blind, and for other purposes.
Also, an act to prohibit camp-hunting in the county of Clinch by non-residents.
Also, an act to prohibit any person or persons keeping a bar-room or other place where spirituous liquors are sold by retail, to be drunk on the spot, from employing minors therein.
Also, an act to prohibit the sale or furnishing of spirituous liquors within the limits of Jefferson county, and for other purposes.
Also, an act to authorize the city of Americus to appropriate certain moneys for school purposes.
Also, an act to authonze the Commissioners of Roads and Revenues, for the county of Mitchell, to issue bonds not to exceed the sum often thousand dollars, and for other purposes.
Also, an act to legalize the action of the Board of Commissioners of Roads and Revenues of the county of Douglas, changing the size and shape of the courthouse square in the town of Douglasville.
Also, an act to fix the amount of license for selling spirituous liquors in the county of Webster.
Also, an act to change the time of holding the Superior Court in the county of Marion.
Also, an act to amend an act to establish a Board of County Commissioners ofthe county of Columbia, and define the powers and duties, approved February 27, 1877.
Also, an act to secure uniformity~in grading teach ers of public schools.

S.ATURD.AY, SEPTEMBER 10, 1881.

833

Also, a resolution to grant authority to W. H. Harrison to publish the acts of this session-1880 and 1881.
Also, a resolution in reference to application of proceeds of sale of State's property.
Also, a resolution to authorize the Commissioner of Agriculture to loan specimens of minerals and wood.
Also, a resolution according to Chas. C. Jones free access to the records and documents of the State.
Respectfully submitted, J. L. SWE.AT, Chairman.
Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report:
Mr. Speaker:
1'he General Committee on the Judiciary have had under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to repeal an act approved September 24, 1879, amending section 3623, by adding after the words "in any suit at law," in the second line of said section, the words "or proceeding in the Court of Ordinary," and for other purposes.
The committee have also considered the following bills, 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.
Also, a bill to provide for the complete merger of courts of equity into courts of law.
Also, a bill to prohibit criminal prosecutions in this State, by special presentment of the grand jury, except under certain circumstances.
Also, a bill to authorize the prosecution of misdemeanors in this State, by information with the consent of the court first obtained.
Also, a bill to amend section 1286 of the Code of 1873.
53

834

JOURNAL OF THE RoUSE,

Also, a Senate bill to carry into effect section 4, article 8 of the Constitution.
Respectfully submitted, W. M. HAMMOND, Chairman.

On motion of Mr. Hutchins, the rules were suspended and the following bill read the second time, to-wit:
A bill to provide for the correct assessment of the property in thi!'l State for the purposes of taxation.
On motion of Mr. Miller, three hundred copies of the above bill were ordered printed for the use of the House, and the bill re-committed to the Committee on Finance.
Mr. Render offered the following resolution, which was read and agreed to, to-wit:
A resolution to adjourn at 12 o'clock m. to-day until 9 o'clock a. m. Monday.
On motion of Mr. Wheeler, the rules were suspended and the following bill introduced, read the first time and referred to the Committee on Finant1e, to-wit:
By Mr. vVheeIerA bill to repeal an act to encourage immigration to
Georgia, and for other purposes, approved October 17, 1879.
The following bill was read the third time, the report of the committee wail agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed by the requisite consti tutional majority-yeas 102, nays none-to-wit:
A bill to authorize the Mayor and Council of the city of Dalton to levy and collect a tax for the purpose of establishing and maintaining public schools in and for the municipality of Dalton, under and in conformity to section 4, article 8, of the Constitution of Georgia, and to authorize the County School Commissioner of 'Vhitfield county to pay over to the

MoNDAY, SEPTEMBER 12, 1881.

835

Board of Trustees of said city such part of the State school fund as may be the just pro rata share of said city.
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 92, nays none-to-wit:
A bill to relieve the county officers of this State, elected on the first Wednesday in January, 1881, who failed to make and file their official bonds within the time required by law.
House bill No. 778 was, on motion of Mr. Wright, laid on the table.
Leave of absence was granted Messrs. Carithers, Price and Hall on account of sickness, and to Messrs. Render, "Wilson of Greene, DuPree of Pike, Martin of Talbot and Hill on important business.
The House then adjourned till 9 a. m. Monday morning.

ATLANTA, GEORGIA,
Monday, September 12, 18tH.
The House met pursuant to adjounment, was called to order by the Speaker and opened with prayer by Rev. Mr. Henry, of the House.
The roll was called and the following members were absent:
Those absent are Messrs.-
Arrington, Branson, Broyles, Carithers, Clark, Cook, Crozier, Davis of Habersham, Dial, DuBignon, Dyer, Estes, Farnell, Feagin, Flynt, Fordham, Foster, Gaskins, Gray, Hagen, Hall, Harp, Heard, Hester, Hill, Hillyer, Hunt, Hutchins, Jackson of Richmond, Janes, Johnson of Johnson, Jones of Baker, Julian,

836

JOURNAL OF THE RoUSE,

Kennedy, Lamb, Martin of Houston, Martin of Talbot, Mays of Butts, Mays of Richmond, McCants, McKinney, McLeod, McLucas, Moore of Taliaferro, Morrow, Peek, Perkins, Polhill, Price, Quillian, Rawlins, Reese, Render, Roney, Sapp, Sellars, Scruggs, Smith of Oglethorpe, Smith of Union, Spearman, Stapleton, Story, Strother, Summerlin, 'fhompson, Turner of Floyd, Turner of Monroe, Walker of Jasper, Whittle, Willingham, Wilkinson, Wilson of Greene, Wingfield, Winslow, Youngblood, Zachry, Zellars-77.

Those present are Messrs.-
.A.dderton, Anderson of Cobb, Anderson of Newton, .A.wtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Brewer, Brinson, Bull, Burch, Cameron, Carter, Christie, Coffin, Crawford, Crumbley, Daniel, Davis of Lumpkin, Day, Denton, DuPree of Macon, DuPree of Pike, Dykes, Edwards, Fuller, Garrard, Goodrich, Hale, Hammona, Harrell, Heath, Henry, Hightower o! Early, Hightower of Stewart, Jackson of Carroll, James, Jemison, Johnson of Lee, Jones of DeKalb, Keil, Kimsey, Lamar, Lannon, Lester, Lewis, Little, Maddox, Mathews, McAllister, McBride, McClure, McClellan, Mcintosh, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Nichols, Northen, Orr, Palmour, Park, Patterson, Post, Rainey, Rankin, Rice, Ritchie, Robins, Shockley, Singleton, Silman, Spence, Stanford, Sumner, Sweat, Tharpe, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, Wheeler, Williams, Wilson of Bulloch, Wilson of Camden, Withrow, Wright, Mr. Speaker-97.

Mr. Harrell, from the Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal was then read and approved.
Mr. Miller gave notice of a. motion to reconsider.

[MONDAY, SEPTEMBER 12, 1881.~:

837

Mr. Miller moved to reconsider so much of the Journal as relates to the action of the House upon a bill to pay VanDyke, Cook and VanDyke, and N. J. Hammond, attorneys and solicitors, for services rendered the State.
The motion to reconsider prevailed.
The Senate amendments to the following~ bills were concurred in, to-wit:
A bill to create a Board of Commissioners of Roads and Revenues, for Worth county.
Also, a bill to create a Board of Health for the city of Macon, and for other purposes.
Also, a bill to amend the charter of the town ot Buchanan, in the county of Haralson.
Also, a bill to incorporate the Dahlonega Savings Bank.
On motion of Mr. Wright, House bill No. 779 was laid on the table.
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 carry into effect section 4, paragraph 9, article 6 of the Constitution in relation to the appointment of some person to preside in cases where the presiding Judge is disqualified, approved October 15, 1879, so as to make )t apply to criminal cases.
Mr. Post moved to lay the:bill on:the table. Mr. Jemison moved, as a substitute, that_the~bill b~ indefinitely postponed. No quorum voting, a call of the roll ofthe!House was ordered, and on calling the roll the following members were absent, to-wit:

Those absent were Messrs.-
A.nderson of Newton, Arrington, Barnes, Branson, Brewer, Broyles, Bull, Carithers, Clark, [Cook, Crozier, Davis of Habersham, Dial, DuBignon, Dyer,

838

JouRNAL OF THE HousE,

Estes, Farnell, Feagin, Flynt, Fordham, Foster, Gaskins, Gray, Hagen, Hall, Harpe, Heard, Hester, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Janes, Johnson of Johnson, Johnson of Lee, Jones of Baker, Julian, Kennedy, Lamb, :Martin of Houston, :Martin of Talbot, :Mays of Butts, :Mays of Richmond, McCants, McKinney, McLeod, McLucas, Moore of Hancock, Moore of Taliaferro, Morrow, Park, Patterson, Peek, Perkins, Polhill, Price, Quillian, Rawlins, Reese, Render, Roney, Sapp, Sellars, Scruggs, Smith of Oglethorpe, Smith of Union, Spearman, Stapleton, Story, Strother, Summerlin, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, "\Valker of Berrien, Walker of Jasper, "\Villingham, Wilkinson, Wilson of Greene, Wingfield, Winslow, Youngblood, Zachry, Zellars-86.

Those present were Messrs.-
Adderton, Anderson of Cobb, Awtry, Bacon of Chatham, Barrow, Bassinger, Bates, Beatty, Bennett,Bird, Branch, Brinson, Burch, Cameron, Carter, Christie, Coffin, Crawford, Urumbley, Daniel, Davis of Lumpkin, Day, Denton, DuPree of Macon, DuPree of Pike, Dykes, Edwards, Fuller, Garrard, Goodrich, Hale, Hammond, Harrell, Heath, Henry, Hightower of Early, Jackson of Carroll, Jackson of Richmond, James, Jemison, Jones of DeKalb, Keil, Kimsey, Lamar, Lannon, Lester, Lewis, Little, Maddox, Mathews, McAllister, McBride, :McClure, McClellan, Mcintosh, Middlebrook, Miller, Mitchell, Milner, Moore of PiercP, Nichols, N orthen, Orr, Palmour, Post, Rainey, Hankin, Rice, Ritchie, Robins. Shockley, Singleton, Silman, Spence, Stanford, Sumner, Sweat, Turnipseed, Twiggs, Walker of Crawford, Wheeler, Whittle, Williams, Wilson of Bulloch, Wilson of Camden, Withrow, Wright, Mr. Speaker-88.

The_motion to lay upon the table prevailesl.

MoNDAY, SEPTE!IBER 12, 1881.

839

On motion of Mr. Hammond, the rules were suspended for the purpose of reading bills the second time, favorably reported.
The following bills were read the second time, towit:
A bill to fix the date of the commencement of the term of imprisonment in the penitentiary of this State,
Also, a bill to authorize the crossing by bridge or track of the outlet of the Savannah and Ogeechee canal, below the lower lock in the city of Savannah, so as to connect the property of the Central Cotton Press Company with the adjacent property of the Central Railroad and Banking Company of Georgia.
Also, a bill to appropriate $3,000 for the purchase of books for the State Library, and to prescribe the manner of expending the same.
Also, a bill to regulate and fix the time of holding elections by the General Assembly.
Also, a bill to repeal an act to amend section 3623 of the Code of 1873, by adding after the words "in any suit at law," in the second line thereof, the words "or proceeding in the Court of Ordinary," approved September24, 1879, and to provide for all appeals now pending.
Also, a bill to authorize the Town Council of Thomaston, in Upson county, to issue bonds to the amount of $5,000, and appropriate the proceeds to educational purposes, and to levy and collect a tax to pay said bonds.
Also, a bill to Pstablish a Board of Commissioners for Scriven county, and for other purposes.
The following Senate bills were read the first time and referred as specified, to-wit:
A bill to fix the fees of public weighers of cotton, and to punish the charging and taking of excessive fees.
Referred to the General Committee on the Judiciary.

840

JOURNAL OF THE HOUSE,

.Also, a bill to regulate the sale of spirituous or intoxicating liquors in the State, outside of incorporated towns, cities and villages, to determine by election the granting of license to sell such liquors within the limits. of incorporated towns, cities and villages, to prescribe a penalty for the violation of the provisions of this act, and for other purposes.
Referred to the Committee on Temperance. .Also, a bill to amend section 1282 of the Code of 1873. Referred to the General Committee on the Judiciary.
a .Also, a bill to provide for the appointment of a
committee of Senators and Representatives to act as Board of Visitors to the State University.
Referred to the General Committee on the Judiciary. .Also, a bill to provide an additional mode of obtaining tales jurors in trials for a felony, and to provide for the compensation of such jurors. Referred to the General Committee on the Judiciary. .Also, a bill to regulate and fix the mode of appointment and the official term of the State Librarian and to repeal that portion of section 72 of the Code of 1873, which relates to the State Librarian being appointed and removed at the pleasure of the Governor. Referred to the Committee on Public Library. .Also, a bill to amend section 1377, of the Code of 1873, relating to quarantinejurisdiction. Referred to the Committee on Hygiene and Sanitation. .Also, a bill to make the first term the trial term upon all suits brought in the Superior Courts upon all written obligations where it is so agreed upon or stipulated in the face of the obligation or contract sued on. Referred to the General Committee on the Judiciary. Mr. Milner offered the following resolution, which was read, amended and agreed to, to-wit: A resolution revoking all leaves of absence, except

MONDAY, SEPTEMBER 12, 1881.

841

those granted for providential cause, on and after Wednesday, and pr;)viding that hereafter no leaves of absence will be granted, except for providential cause, on a majority vote of the members of the House.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the reqnisite constitutional majority-yeas 93, nays none-to-wit:
A bill to encourage the culture of fish in the Ocean Pond, and in all the waters, lakes and ponds on the lands of Jeremiah B. Jones, D. Clayton and E. Outlaw, iu the 16th district of Lowndes county, and to fix a punishment for a violation of the same.
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 95, nays none, to wit :
A bill to amend an act approved August 26, 1871:1, to prevent the driving or grazing of diseased cat tle into places other than those where the cattle are diseaEed, and to fix a punishment.
Mr. Milner, chairman of the Committee on the Penitentiary, submitted the following report~

Mr. Speaker:
The Committee on the Penitentiary have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to be entitled an act to fix the date of the commencement of the term of imprisonment in the penitentiary of this State.
Also, the following bill, which they recommend do not pass, to-wit:
A bill to be entitled an act to authorize the lessees of convict5 to transfer convicts from one company to

842

JOURNAL 0.1<' THE HoUSE,

another, with the consent of the Governor of this State.
Also, the following bill, which thP.y report back to the House, with the recommendation that the introducer thereof have leave to withdraw same, to-wit:
A bill to be entitled an act to provide for the appointment of a Chaplain for the county chain-gangs of this State, and for compensation of said Chaplain.
Also, the following resolutions, which they report back to the House, with the recommendation that the introducers of same be allowed to withdraw them, towit:
A resolution to provide for the appointment of a joint committee from the House and Senate to inquire into and report upon the present condition of the convicts, whether the law regulating the leasing out of penitentiary convicts has been complied with, and for other purposes.
Also, a resolution that the Committee on the Penitentiary examine into the advisability of devoting the fund arising from the hire of ptmitentiary convicts to public education.
Respectfully submitted,
Taos. vV. MILNER, Chairman.

By permission of the House, Mr. Barrow withdrew House bill No. 930.
On motion of Mr. Barrow, the rules were suspended, and by a two-thirds vote-yeas 95, nays none-the following bill was introduced, read the first time by a two-thirds vote-yeas 96, nays none-and ordered to be engrossed, to-wit:
A bill to amend an act to incorporate the Walton Railroad Company, approved August 27, 1872, and for other purposes.
The following bill was read the third time, the report

MONDAY, SEPTRMBER 12, 1881.

843

of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, by substitute, by the requisite constitutional majority-yeas 90, nays none-to-wit:
A bill to amend an act to incorporate the Gate City Street Railroad Company, approved September 26, 1879.
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 89, nays none-to wit:
A bill to alter and amend section 1407 of the Code of 1873, providing how druggists are to obtain license.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, by substitute, by the req11isite constitutional majority-yeas 93, nays none -to-wit:
A bill to incorporate the Chattahoochee Can11.l Company, defining its rights, powers and immunities.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 99, nays noae-to-wit:
A bill to amend an act to incorporate the town of Sharpesburge, in the county of Coweta, and for other purposes.
On motion of Mr. Estes, the rules were suspended, and by a two-thirds vote-yeas 92. nays none-the following bill was introduced, read the first time, by yeas 92, nays none-and referred to the Committee on Railroads, to-wit:
By Mr. EstesA bill to incorporate the Gainesville, Blairsville

844

JouRNAL oF THE HousE,

and State Line Railroad Company, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 92, nays none-to-wit:
A bill to compensate the County Board of Roads and Revenues in the county of Taliaferro, for services rendered.
House bills Nos. 776 and 800 were, on motion, laid on the table.
The following bill was read the third time, the report of the committee was agreed to, and the bill passed by the requisite constitutional majorityyas 96, nays none-to-wit:
A bill to require Judges of the Superior Courts to give specially in charge to grand juries an act for the prevention of cruelty to animals.
By permission of the House, Mr. Heath "\Vithdrew House bill No. 809.
The following bill was read the tltird time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was agreed to, and the bill passed, by substitute, by the requisite constitutional majority-yeas 97, nays none -to-wit:
A bill to amend the charter of the Elberton Air-Line Railroad.

The following bill was read the third time, the proofs of the publication of the notices required by law were 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 prohibit the selling and furnishing of any

MONDAY, SEPTEMBER 12, 1881.

845

spirituous, vinous or malt liquors at any point within the 483d district, G. M., commonly known as Howard's district, in Bibb county, within three miles of any house of public religious worship, or of any school-house within the limits of said district, and to provide a penalty for the same.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, by substitute, by the requisite constitutional majority-yeas 90, nays none-to-wit:
A. bill to create or provide for the appointment of Roads and Revenue Commissioners in the county of Emanuel.
The following bill was read the third time, the proofs of the publication ofthe notices required by law were exhibited, the report of the committee was agreed to, and the bill passed by the requisite constitutonal majority-yeas 92, nays none-to-wit:
A. bill to make the Jury Commissioners of Fulton county, appointed by the Judge of the Superior Court, the Jury Commissioners of the City Court of .Atlanta, and to prescribe their duties.
On motion of Mr. Miller, the House went into the Committee of the Whole House, for the purpose of considering House bills Nos. 823, 824, 825, 826 and 827, each of which bills provides for refunding taxes illegally collected from certain Insurance Companies.
Mr. Rankin, chairman of the Committee of the Whole Honse, reported that the Committee of the Whole House recommend the passage of each of said bills.
The first of said bills (No. 823) was read the third time, and the report of the Committee of the Whole House was agreed to, to- wit :
.A bill to appropriate money to refund double taxes

846

JouRNAL OF THE RousE,

illegally collected by the State of Georgia from the Atlantic Fire Insurance Company, of New York.
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, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Bacon of Chatham, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Brinson, Ca,meron, Carter, Christie, Coffin, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, DuPree of Macon, DuPree of Pike, Dykes, Edwards, Estes, Fuller, Garrard, Goodrich, Hale, Hammond, Harrell, Heath, Henry, Hightower of Early, Hillyer, Jackson of Richmond, James, Jemison, Johnson of Lee, Jones of DeKalb, Julian, Keil, Kimsey, Lamar, Lonnon, Lester, Lewis, Little, Maddox, Mathews, McAllister, McBride, McClure, McClellan, Middlebrook, Miller, Mitchell, Milner, Moore of Pierce, Morrow, Nichols, Orr, Palmour, Patterson, Post, Rainey, Rankin, Rice, Ritchie, Sellars, Shockley, Singleton, Smith of Union, Spence, Spearman, Stanford, Sumner, Sweat, Tharpe, Turnipseed, Walker of Crawford, Wheeler, Whittle, Williams, Wilkinson, Wilson of Bulloch, Wilson of Camden, Withrow, \Vright, Zellars-93.
Those not voting are MetJsrs.-
Anderson of Newton, Arrington, Barnes, Branson, Brewer, Broyles, Bull, Burch, Carithers, Clark, Cook, Crawford, Dial, DuBignon, Dyer, Farnell, Feagin, Flynt, Fordham, Foster, Gaskins, Gray, Hagen, Hall, Harp, Heard, Hester, Hightower of Stewart, Hill, Hunt, Hutchins, Jackson of Carroll, Janes, Johnson of Johnson, Jones of Baker, Kennedy, Lamb, Martin of Houston, Martin of Talbot, Mays of Butts, Mays of Richmond, McCants, Mcintosh, McKinney, McLeod, McLucas, Moore of Hancock, Moore of Talia-

MONDAY, SEPTEMBER 12, 1881.

847

ferro, N orthen, Park, Peek, Perkins, Polhill, Price, Quillian, Rawlins, Reese, Render, Robins, Roney, Sapp, Scruggs, Silman, Smith of Oglethorpe, Stapleton, Story, Strother, Summerlin, Thompson, Turner of Floyd, Turner of Monroe, Twiggs, Walker of Berrien, Walker of Jasper, Willingham, \Vilson of Greene, Wingfield, Winslow, Youngblood, Zachry, Mr. Speaker-81.
So the requisite constitutional majority having voted in the affirmative, the bill passed.
The next bill (No. 824) was read the third time, the report of the Committee of the Whole House was agreed to, to-wit:
A. bill to appropriate money to refund double taxes illegally collected by the State of Georgia, from the Continental Insurance Company of New York.
On the question of the passage of the bill the yeas and nays were req11ired to be recorded, and on calling the roll the vote was as follows, to- wit :

Those voting in the affirmative are Messrs.-
._.. A.dderton, Anderson of Cobb, A.wtry, Bacon of Chatham, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Brinson, LCameron, Carter, Christie, Coffin, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, DuPree of Macon, DuPree of Pike, Dykes, Edwards, Estes, Fuller, Garrard, Goodrich, Hale, Hammond, Harrell, Heath, Henry, Hightower of Early, Hillyer, Jackson of Richmond, James, Jemison, Johnson of Lee, Jones of DeKalb, Julian, Keil, Kimsey, Lamar, Lonnon, Lester, Lewis, Little, Maddox, Mathews, McAllister, McClure, McClellan, Mcintosh, Middlebrook, Miller, Mitchell, Milner, Moore of Pierce, Morrow, Nichols, N orthen, Orr, Palmour, Patterson, Post, Rainey, Rankin, Rice, Ritchie, Sapp, Shockley, Singleton, Silman, Smith of Union, Spence, Spearman, Stanford, Sumner, Sweat,

848

JouRNAL oF THE HousE,

Tharpe, Turnipseed, Walker of Berrien, Walker of Crawford, \Vheeler, Whittle, Williams, Wilkinson, Wilson of Bulloch, Wilson of Camden, Withrow, Wright, Zellars.-95.
Those not voting are Messrs.-
Anderson of Newton, Arrington, Barnes, Branson, Brewer, Broyles, Bull, Burch, Carithers, Clark, Cook, Crawford, Dial, DuBignon, Dyer, Farnell, Feagin, Flynt, Fordham, Foster, Gaskins, Gray, Hagen, Hall, Harp, Heard, Hester, Hightower of Stewart, Hill, Hunt, Hutchins, Jackson of Carroll, Janes, Johnson of Johnson, Jones of Baker, Kennedy, Lamb, Martin of Houston, Martin of Talbot, Mays of Butts, Mays of Richmond, McBride, McCants, McKinney, McLeod, McLucas, Moore of Hancock, Moore of Taliaferro, Park, Peek, Perkins, Polhill, Price, Quillian, Rawlins, Reese, Render, Robins, Roney, Sellars, Scruggs, Smith of Oglethorpe, Stapleton, Story, Strother, Summerlin, Thompson, Turner of Floyd, Turner of Monroe, Twiggs, \Valker of Jasper, \Villingham, Wilson of Greene, Wingfield, Winslow, Youngblood, Zachry, Mr. Speaker-79.
So the requisite constitutional majority having voted in the affirmative, the bill passed.
The next bill (No. 825) was read the third time, the report of the Committee ofthe \Vhole House was agreed to, to-wit:
A bill to appropriate money to refund triple taxes illegally collected by the State of Georgia, from the American Fire Insurance Company of Philadelphia.
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, to-wit:
Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Bacon of Chatham, Barrow, Basinger, Bates, Beatty, Bennett, Bird,

MONDAY, SEPTEMBER 12, 1881.

849

Branc11, Brinson, Cameron, Christie, Coffin, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, DuPree of Macon, DuPree of Pike, Dykes, Edwards, Estes, Fuller, Garrard, Goodrich, Hale, Hammond, Harrell, Heath, Henry, Hightower of Early, Jackson of Richmond, James, Jemison, Jones of DeKalb, Julian, Keil, Kimsey, La mar, Lonnon, Lester, Lewis, Maddox, Mathews, Me Allister, McClure, McClellan, Mcintosh, Middlebrook, Miller, Mitchell, Milner, Moore of Pierce, Morrow, Nichols, N orthen, Orr, Palmour, Patterson, Post, Rainey, Rankin, Rice, Ritchie, Sapp, Shockley, Singleton, Silman, Smith of Union, Spence, Spearman, Stanford, Sumner, Sweat, Tharpe, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, Wheeler, Whittle, Williams, Wilkinson, Wilson of Bulloch, Wilson of Camden. Withrow, Wright, Zellars-9H.

Those not voting are Messrs.-
"~ Anderson of N~wton, Arrington, Barnes, Branson, Brewer, Broyles, Bull, Bnrch, Carter, Cuithers, Clark, Cook, Crawford, Dial, DuBignon, Dyer, Farnell, Feagin, Flynt, Fordham, Foster, Gaskins, Gray, Hagen, Hall, Harp, Heard, Hester, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Carroll, Janes, Johnson of Johnson, Johnson of Lee, Jones of Baker, Kennedy, Lamb, Little, Martin of Houston, Martin of Talbot, Mays of Butts, Mays of Richmond, McBride, McCants, McKinney, McLeod, McLucas, Moore of Hancock, Moore of Taliaferro, Park, Peek, Perkins, Polhill, Price, Quillian, Rawlins, Reese, Render, Robins, Roney, Sellars, Scruggs, Smith of Oglethorpe, Stapleton, Story, Strother, Summerlin, Thompson, 'furner of Floyd, Turner of Monroe, Walker of Jasper, Willingham, Wilson of Greene, Wingfield, Winslow, Youngblood, Zachry, Mr. ::)peaker-81.
54

850

.J OURN.AL 01<' THE HOUSE,

So the requisite constitutional majority having voted in the affirmative, the bill passPd.
Leave of absence was granted to Messrs. Hillyer, Reese, Mays of Butts, McLucas and Gaskins, on account of sickness.
The House then adjourned till 3:30 o'clock p. m.

3:30 O'CLOCK P.M.
The House re-assembled, the Speaker in the chair. The roll was called and a quorum found to be present.
Leave of absence was granted to Mr. Flynt, of Monroe, on account of sickness.
The next bill in order (No. 826) was read the third time, the report of the Committee of the Whole House favorable to the passage of the bill was agreed to, towit:
A bill to appropriate money to refund triple taxes illegally collected by thfl State of Georgia from the Fire Association of Philadelphia.
On the question of the passage of the bill, thfl yeas and nays were required to be recorded; and on calling the roll the vote was as follows, to-wit:
Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Bacon of Chatham, Barnes, Barrow, Bates, Beatty, Bird, Branch, Brinson, Bull, Burch, Cameron, Carter, Christie, Coffin, Cook, Crozier, Daniel, Davis of Habersham, Day, Denton, DuPree of Macon, DuPree of, Pike, Dykes, Edwards, Estes, Fuller, Garrard, Goodrich, Hale, Hammond, Harrell, Heath, Henry, Hightower of Early, Jackson of Carroll, James, Jemison, Johnson of .Lee, Jones of DeKalb, Julian, Keil, Kimsey, Lamar, Lonnon, Lester, Lewis, Little, Maddox, Mathews, McAllister, McClure,

"

MONDAY, SEPTEMBER 12, 1001.

851

McClellan, Mcintosh, McKinney, Miller, :Morrow, Nichols, Northen, Orr, Palmour, Patterson, Post, Quillian, Rainey, Rankin, Rice, Ritchie, Sapp, Singleton, Silman, Smith of Union, Spence, Spearman, Stanford, Sumner, Sweat, Tharpe, Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, Wheeler, Williams, Wilkinson, Wilson of Bulloch, Wilson of Camden, Withrow, Wright, Zellars-93.

Those not voting are Messrs.-
Anderson of Newton, Arrington, Basinger, Bennett, Branson, Brewer, Broyles, Carithers, Clark, Crawford, Crumbley, Davis of Lumpkin, Dial, DuBignon, Dyer, Farnell, Feagin, Flynt, Fordham, Foster, Gaskins, Gray, Hagen, Hall, Harp, Heard, Hester, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Richmond, Janes, Johnson of Johnson, Jones of Baker, Kennedy, Lamb, Martin of Houston, Martin of Talbot, Mays of Butts, Mays of Richmond, McBride, McCants, McLeod, 'McLucas, Middlebrook, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Park, Peek,Perkins, Polhill, Prict>, Rawlins, Reese, Render, Robins, Roney, Sellars, Scruggs, Shockley, Smith of Oglethorpe, Stapleton, Story, Strother, Summerlin, Thompson, -Turner of Floyd, Walker of .Tasper, Whittle, Willingham, Wilson of Greene, Wingfield, Winslow, Youngblood, Zachry, Mr. Speaker-81.

So the requisite constitutional majority having voted in the affirmative, the bill passed.

The next bill (No. 827) was read the third time, the report of the Committee of the Whole House was agreed to, to-wit:
A bill to appropriate money to refund triple taxes illegally collected by the State of Georgia fwm the Franklin Fire Insurance Company of Philadelphia.

852

J ouRN.AL oF THE HousE,

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, to-wit :

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Bacon of Chatham, Barnes, Barrow, Bates, Beatty, Bennett, Bird, Branch, Brinson, Bull, Burch, Cameron, Carter, Christie, Coffin, Cook, Crozier, Daniel, Davis of Habersham, Day, Denton, DuPree of Macon, DuPree of Pike, Dykes, Estes, Fuller, Garrard, Goodrich, Gray, Hale, Hammond, Harrell, Heath, Henry, l:l.ightowerof Early, Jackson of Carroll, Jackson of Richmond, James, Jemison, Johnson of Lee, Jones of DeKalb, Julian, Keil, Kimsey, Lonnon, Lester, Lewis, Little, Maddox, Mathews, McAllister, McBride, McClure, McKinney, Miller, Morrow, Nichols, N orthen, Orr, Palmour, Patterson, Post, Rainey, Rankin, Rice, Ritchie, Singleton, Silman, Smith of Union, Spence, Spearman, Stanford, Sumner, Sweat, Turner of Monroe, Turnipseed,Twiggs, Walker of Berrien, Walker of Crawford, Wheeler, Williams, Wilkinson, Wilson of Bulloch, Wilson of Camden, Withrow, vVright, Zellars.--90.

Those not voting are Messrs.-
Anderson of Newton, Arrington, Basinger, Branson, Brewer, Broyles, Carithers, Clark, Crawford, Crumbley, Davis of Lumpkin, Dial, DuBignon, Dyer, Edwards, Farnell, Feagin, Flynt, Fordham, Foster, Gaskins, Hagen, Hall, Harp, Heard, Hester, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Janes, Johnson of Johnson, Jones of Baker, Kennedy, Lamar, Lamb, Martin of Houston, Martin of Talbot, Mays of Butts, Mays of Richmond, McCants, McClellan, McIntosh, McLeod, McLucas, Middlebrook, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Park, Peek, Perkins, Polhill, Price, Quillian, Rawlins, Reese, Render, Robins, Roney, Sapp,

MoNDAY, SEPTEMBER 12, 1881.

853

Sellars, Scruggs, Shockley, Smith of Oglethorpe, Stapleton, Story, Strother, Summerlin, Tharpe, Thompson, Turner of Floyd, \Valker of Jasper, Whittle, Willingham, Wilson of Greene, Wingfield, Winslow, Youngblood, Zachry, Mr. Speaker-84.
So the requisite constitutional majority having voted in the affirmative, the bill passed as amended.

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

Mr. Speaker:
The Governor has approved and signed the following acts, to-wit:
An act to appropriate money to enlarge the Lunatic Asylum.
A resolution to authorize the Commissioner of Agriculture to loan specimens of minerals and woods.
A resolution according to Col. Charles C.~Jones free access to the records and documents of the State, to compile a History of Georgia.
An act to change the time of holding the Superior Courts of Marion county.
An act to provide for signing bills of exceptions, af. ter twenty days, in certain cases.
An act to fix the fees of Justices of the Peace and Constables, in cases of foreclosure of chattel mort gages.
An act to secure uninformity in grading teachers of public schools.
An act to amend an act to establish a Board of County Commissioners in Columbia county.
An act to fix the liqnor license in Webster county, etc.
An act to legalize the act of the Board of Commissioners of Douglas county, etc.
An act to authorize the Commissioners of Mitchell connty to issue bonds.

854

JouRNAL oF THE HousE,

An act to authorize the city of Americus to appro-

priate money for school purposes.

An act to prohibit the sale of liquor in Jefferson

county.

A resolution in reference to application of proceeds

of sale of State property.

An act to amend an act to amend an act incorpora-

ting the city of Macon, to provide for the election of

Clerk and Treasurer by the Mayor and City Council.

An act to prohibit the employment of minors in bar-

rooms, etc.

An act to make it penal for any person to use, on

any of the streams of this State, explosive substance

to kill fish.

'An act to define the militia districts of Chatham

county, outside of Savannah.

An act to fix the liquor license in Charlton county,

etc.



The following bill was read the third time, the report ofthe committee was agreed to and the bill passed, by substitute, by the requisite constitutional majority-yeas 96, nays none-to-wit :
A bill to prescribe the manner of perfecting service of notice upon resident minors, under fourteen years of age, in certain cases.

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 majorityyeas 91, nays none-to-wit:
A bill to amend section 2040 of the Code of Georgia.
The following bill was read the third time, the report of the committee was agreed to, to-wit :
A bill to regulate the sale of pistols in this State.
Mr. Miller called for the yeas and nays ; the call was sustained, and on calling the roll the vote was as follows, to-wit:

MONDAY, SEPTEMBER 12, 1881.

855

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, A wtry, Bacon of Chatham, Barnes, Barrow, :Basinger, Bates, Beatty, Bennett, Bird, Branch, Branson, Brinson, Burch, Ciimeron, Carter, Christie, Coffin, Cook, Crozier, Crumbley, Daniel, Davis of Habersham, Day, Denton, DuPree of Macon, DuPree of Pike, Dykes, Edwards, Fuller, Garrard, Hale, Harrell, Heath, Hightower of Early, Jackson of Carroll, Jackson of Richmond, Jemison, Johnson of Lee, Jones of DeKalb, Julian, Kimsey, Lamar, Lonnon, Lester, Lewis, Little, Maddox, Mathews, McAllister, McClure, McClellan, Mcintosh, McKinney, Middlebrook, Miller, Moore of Pierce, Morrow, Nichols, Northen, Orr, Palmour, Patterson, Post, Quillian, Rainey, Rice, Ritchie, Robins, Silman, Smith of Union, Spence, Spearman, Stanford, Sumner, Sweat, Tharpe, Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, Wheeler, "\Villiams, Wilkinson, Wilson of Bulloch, Withrow, W right-88.

Those voting in the negative are Messrs.-
Henry, James, Keil, McBride, Singleton, Wilson of Camden-6.
Those not voting are Messrs.-
Anderson of Newton, Arrington, Brewer, Broyles, Bull, Carithers, Clark, Crawford, Davis of Lumpkin, Dial, DuBignon, Dyer, Estes, Farnell, Feagin, Flynt, Fordham, Foster, Gaskins, Goodrich, Gray, Hagen, Hall, Hammond, Harp, Heard, Hester, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Janes, Johnson of Johnson, Jones of Baker, Kennedy, Lamb, Martin of Houston, Martin of Talbot, Mays of Butts, Mays of Richmond, McCants, McLeod, McLucas, Mitchell, Milner, Moore of Hancock, Moore of TaliaJerro, Park, Peek, Perkins, Polhill, Price, Rankin, Rawlins, Reese, Render, Roney, Sapp, Sellars,

856

JouRNAL oF THE HousE,

Scruggs, Shockley, Smith of Oglethorpe, Stapleton, Story, Strother, Summerlin, Thompson, Turner of Floyd, Walker of Jasper, Whittle, Willingham, Wilson of Greene, Wingfield, Winslow, Youngblood, Zachry, Zellars, Mr. Speaker-SO.
So the rt>quisite constitutional majority having voted in the affirmative, the bill was passed as amended.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited and the report of the committee agreed to, and the bill passed by the requisite constiitutional majority-yeas 89, nays none-to-wit:
A bill to prevent reckless and unnecessary destruction of fish, to encourage the raising and to increase the supply thereof, in Scriven county.
The following bill was read the third time, the re-port of the committee was argeed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 89, nays none-to-wit:
A bill to amend an act incorporating the Talbotton Branch Railroad Company, approved .August 23, 1872, by striking out the word "branch" from the name of said railroad company.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, as amended, by the requisite constitutional majority-yeas 92, nays none-to-wit:
.A bill to provide for the registratiol'l of voters to vote at municipal elections in the city of Savannah to fix, regulate and determine the time, place and manner in which such elections shall be held ; to prescribe the qualifications ofvoters at all such elections and to provide suitable penalties for all violations thereof.
The following bill was read the third time, the re-

TUESDAY, SEPTEMBER 13, 1881.

857

port 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 amend an act to carry into effect the last clause of paragraph 1, section 1, article 7 of the constitution of 1877.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 92, nays none-to-wit:
A bill to prohibit driving cattle into the county of Rabun at certain seasons of the year, and to regulate t.he driving of beef cattle.

The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report 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 prohibit the sale of intoxicating, malt or vinous liquors, within the corporate limits of the town of Luthersville, in Meriwether county.

On motion of Mr. Sweat, House bill No. 850 was laid on the table.

On motion, the House then ncljourned until9 a. m., to-morrow.

ATLANTA, GEORGIA,
Tuesday, September 13, 1881.
The House met pursuant to adjoQrnment, was called to order by the Speaker, and opened with prayer by the Chaplain.

858

JouRNAL OF THE R(lusE,

The roll was called and the following members were absent :

Those absent are Messrs.-
Carithers, Crawford, Flynt, Fordham, Gaskins, Hall, Harp, Heard, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Janes, Johnson of Johnson, Jones of Baker, Kennedy, Martin of Houston, Martin of Talbot, Mays of Butts, Mays of Richmond, McLucas, Moore of Hancock, Moore of Taliaferro, Perkins, Polhill, Price, Rawlins, Story, Willingham, Wilson of Greene, Wingfield, Winslow, Wright, Youngblood35.

Those present are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Branson, Brewer, Brinson, Broyles,Bull, Burch, Cameron, Carter, Christie, Clark, Coffin, Cook, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Farnell, Feagin, Foster, Fuller, Garrard, Goodrich, Gray, Hagen, Hale, Hammonu, Harrell, Heath, Henry, Hester, Hightower ot Early, Jackson of Carroll, Jackson of Richmond, James, Jemism, Johnson of Lee, Jones of DeKalb, Julian, Keil, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Mathews, McAllister, McBride, McCants, McClure, McClellan, Mcintosh, McKinney, McLeod, Middlebrook, Miller, Mitchell, Milner, Moore of Pierce, Morrow, Nichols, N orthen, Orr, Palmour, Park, Patterson, Peek, Post, Quillian, Rainey, Rankin, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd,

TUESDAY, SEPTEMBER 13, 1881.

859

Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, Walker of .Jasper, Wheeler, Whittle, Williams, vVilkinson, Wilson of Bulloch, Wilson of Camden, \Vithrow, Zachry, Zellars, Mr. Speaker-139.
Mr. Heath, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved. Mr. Hammond gave notice of a motion to reconsider.
Mr. Hammond moved to reconsider so much of the Journal as relates to the action of the Honse upon a bill to amend section 2040 of the Code of 1873. The motion o reconsider prevailed.
By permission of the House, Mr. Edwards withdrew House bill No. 896.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker :
The Senate bas refused to pass the following bills of the House, to-wit:
A bill to amend section 244 of the Code of Georgia, of 1873, which requires the Judges of the Superior Courts to give their charges in writing in certain cases.
Also, a bill to amend section 4424 of the Revised Code of 1873, which prescribPs the punishment for larceny after trust in certain cases.
The Senate bas passed the following bills of the House, to- wit :
A bill to alter and amend an act entitled an act to incorporate the Citizens' Bank of Augusta, approved December 7, 1880, which was passed by a constitutional majority of yeas 31, nays none.
Also, a bill to incorporate the Tennille and Wrightsville Railroad Company, and tq grant certain privi-

860

JouRNAL oF THE HousE,

leges to the same relating to their organization, the construction and operating said road, which was passed by a constitutional majority of yeas 31, nays none.
Also, the following House bills, with amendments, in which they ask the concurrence of the House, towit:
A bill to incorporate the town of MeVille, in the counties of Telfair and Montgomery, and grant certain powers and privileges to said town, and for other purposes, which was rassed by a constitutional majority of yeas 32, nays none.
Also, a bill to amend an act to regulate the time for which the Mayor of the city of Augusta shall bold office, and for other purposes, which was passed by a constitutional majority of yeas 29, nays none.
The following bills of the Senate have been passed, to-wit:
A bill to regulate the payment of teachers' wages in the public schools of the State, and to define the manner of computing the samP, which was passed by a constitutional majority of yeas 23, nays none.
Also, a bi11 to declare county officers ineligible to hold the office of County School Commissioner, which
was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to increase, enlarge and improve the educational facilities and appliances of the University of Georgia, which was passed by a constitutional majority of yeas 27, nays 8.
The Senate recedes from second amendment to the following bill of the House, to-wit:
A bill to confer certain powers upon the Ordinary of the county of Douglas.
The following resolution of the Senate has been agreed to, to-wit:
A resolution asking the House of Representatives to
return to the Senate House bill No. 245.

TUESDAY, SEPTKMBER 13, 1881.

861

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
'l'he 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 authorize the Mayor and Council of the city of Macon to submit to the qualified voters of said city the question of making a contract with the Macon Gas Light and Water Company, and for other purposes.
Also, an act for the relief of James M. Rouse, Seaborn M. Hunt, John Ferron, Thomas J. Harris and John Od urn, securities on the bond of B. H. Rouse, late 'fax Collector of Worth county.
Also, an act to authorize the city of Americus to increase its indebtedness as provided in section 7, article 7 of the Constitution.
Also, an act to fix the amount of license of selling spirituous liquors in Charlton county.
Also, an act to incorporate the town of Pelham, in the county of Mitchell.
Also, an act to amend an act to extend and define the_ corporate limits of the town of Greenville, in the county of Meriwether, and for other purposes.
Also, an act to amend an act to require the payment ofmoneys arising from fines and forfeiture into the county treasury, and regulate the disbursment of the same, approved February 29, 1876.
Also, an act to appropriate money to refund double taxes illegally collected by the State from the Underwriters' Agency, of New York.
Also, an act to approp1iate money tb refund double taxes illegally collected by the State from the Home Insurance Company of New York.
Also, an act to amend an act to create a Board of

862

JouRNAL OF THE RousE,

Police Commissioners for the city of .Augusta, and for

other purposes, approved--- 26, 1879.

Also, an act to amend the acts approved February

27, 1877, and October 13, 1879, in reference to the road

laws of Fulton county.

Also, an act to change the time of holding the Spring

Terms of Macon Superior Court.

Also, an act to prohibit the sale of spirituous liquors

in any quantity in the 427th district, G. M., in the

county of White.

Also, an act to confer police powers upon conductors

of passenger trains in this State.



Also, an act to repeal all the laws concerning the

registration of voters in Camden county.

Also, an act to increase the license of selling intoxi-

cating liquors in Camden county to five thousand dol-

lars .

.Also, an act to alter and amend the corporate limits

of the town of Bowden, in Carroll county.

.Also, an act to prescribe the mode and manner of

having the lines and corners established around cer-

tain lots of land in Clinch county.

Also, an act to amend section 4259 of the Code of

Georgia.

.Also, an act to change the time of holding the Su-

perior Court in Upson county.

.Also, an act to incorporate the town of Arlinr;ton,

in the counties of Calhoun and Early.

Also, an act to prohibit the sale of spirituou~ liq-

uors, except for medicinal and mechanical purposes,

in the county of Glynn.

Respectfully submitted,

J. L. SwEAT, Chairman.

Mr. Estes, chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker: The Committee on Corporations have had under

TUESDAY, SEPTEMBER 13, 1881.

863

consideration t.he following bill, which they recommend do pass-the proper notices thereof having been given in Lumpkin county, the place of the principal office, to-wit:
A bill to incorporate the Dahlonega, Dawsonville and Gainesville Telegraph and Telephone Company.
Also, a bill to incorporate the Atlantic and Mississippi Telegraph Company. Due and legal notices of this bill were given in Richmond county.
The committee also recommend the passage of the following bill, with amendment-notices having been legally given thereof in the county of Gwinnett, to-wit:
A bill to incorporate the Logansville Railroad Company from Lawrenceville, in Gwinnett county, to Louisville, in the county of vValton.
Respectfully submitted, .J. B. EsTES, Chairman.
The special order was taken up, to-wit: A bill to establish a Board of Pharmaceutic Examiners, and to prescribe the powers and duties of said board and to regulate the compounding and vending of medicines, drugs and poisons in the State of Georgia, and to provide a penalty for the infringement of the provisions of this bill. The substitute was amended and adopted, the report of the committee, as amended, agreed to, the bill read the third time, and passed, by substitute, by the requisite constitutional majority-yeas 96, n::tys none. Mr. Singleton moved to suspend the rules for the purpose of assigning House bill No. 631, adversely reported, to a particular clay. The motion did not prevail. Leave of absence was granted to Messrs. Willingham and Perkins for one day, for providential cause. The Senate amendments to the following bills were concurred in, to-wit: A bill to incorporate the town of MeVille, in the counties of Telfair and Montgomery.

864

JouRNAL oF THE HousE,

Also, a bill to amend the act to regulate the time for which the Mayor of Augusta shall hold office, approved February 23, 1876.
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 110, nays none-to wit:
A bill to fix the date of the commencement of the term of imprisonment in the Penitentiary.
Mr. Sweat, 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 incorporate the town of Leary, in the county of Calhoun, and for other purposes.
Also, an act to prohibit the sale of intoxicating liquors within two miles of the Baptist and Methodist churches, in the village of Long Cane, Troup county, Georgia.
Also, an act to fix the time for the election of Mayor and AldermAn of the town of Eastman, Georgia.
Also, an act to repeal section 1711 of the Code, and insert other sections in lieu therefor.
Also, an act to provide for the collection of the special taxes imposed by law on dealers in spirituous, malt, or intoxicating liquors.
Also, an act to enlarge the jurisdiction of the City Court of Savannah, and for other purposes.
Also, an act to appropriate the sum often thousand dollars to the University of Georgia, to rebuild and refurnish the North Georgia College at Dahlonega.
Also, an act to put the liquor license in Montgomery county, at not less than five thousand dollars.

TUESDAY, SEPTKMBER 13, 1881.

865

Also, an act to amend the several acts incorporating the town of Dahlonega.
Also, an act to incorporate the Broad River Railroad Company, and for other purposes.
Also, an act to prescribe the mode of granting license to sell intoxicating liquors of any kind in the county of Telfair, in this State, and for other purposes.
.Also, an act to incorporate the town of Rising Fawn, in the county of Dade, and for other purposes.
.Also, an act to prohibit the sale of intoxicating liquors, in any quantity, within two miles of Prospect church, in the county of DeKalb.
Also, an act to provide for fixing the venue in suits against telegraph companies, to provide for service in such cases arising within the State of Georgia.
Also, an act to amend an act entitled an act to create a Board of Commissioners for the county of Greene, approved February 19, 1876.
Also, an act to provide for changing the times of holding the Superior Court of Troup county.
Also, an act to repeal all laws, and all amendments to laws, heretofore passed incorporating the town of Blackshear, Pierce county, and for other purposes.
Also, an act for the relief of Elder James W. Howard, Deacon D. M. Morris and Wesley H. Price, of the Second Baptist church, of Columbus, Ga.
Also, an act to incorporate the Augusta Canal and Savannah River Steamboat Company, and for other purposes.
Also, an act to amend an act prescribing a method of granting license to sell spirituous liqnors in the town of Eastman and county of Dodge.
Also, an act to repeal section 1711 of the Revised Code of this State, and to insert another section in lieu thereof.
Also, an act to authorize a.nd require the proper officials of several counties in this State to provide for
55

866

JouRNAL OF THE HousE,

the doing of extraordinary work on the public roads at the county expense.
Respectfully submitted, J. L. SwEAT, Chairman.

Under a suspension of the rules, the following bill was introduced by a two thirds vote-yeas 101, nays none-and read the first time by a two-thirds voteyeas 100, nays none-and referred to the Special Committee on the Judiciary, to-wit:
By Mr. EdwardsA bill to prohibit hunting or fishing on the lands of
another in the county of Tatnall, and to define who shall prosecute, and to prescribe a punishment therefor.
The following bill was read the third time, the re'J>Ort of the committee was agreed to, and the bill passed, by substitute, by the requisite constitutional majority-yeas 102, nays none-to-wit:
A bill to exempt toll cotton, received by the ginners of this State, from any judgment, mortgage, lien or decree against the person owning the same at the time said cotton was ginned, or any one prior thereto.
Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report :

Mr. Speaker:

The General Committee on the Judiciary have bad

under consideration the following bills, which they

recommend do not pass, to-wit:



A bill to authorize a wife to waiv"e her right to dower and year's support, and the right of her children to a year's support in the property of her husband, and for other purposes.
Also, a bill to make penal the falsely reporting the mark and brand, or mark or brand, of stock killed on or near any railroad in this State.

TuESD.A.Y, SEPTEMBER 13, 1881.

867

Also, a bill to provide a uniform system of punishment for misdemeanors and crimes of a less grade than felony.
Also, a bill to supply the offices of the several Ordinaries and Clerks of the Superior Courts with copies of the Code of Georgia, Digests and Supreme Court Reports, and for other purposes.
The committee recommend that the following bill do pass, to-wit :
A bill to fix and determine the manner ofreturning, for taxes, lands divided by undetermined county lines.
The c0mmittee recommend that the following bill pass, by substitute, to-wit:
A bill to change the Constitution and prescribe an annual salary for members of the General Assembly in lieu of the per diem now allowed.
The following bills are returned, with the recommendation that the introducers be allowed to withdraw the same, to-wit:
A bill to provide for the speedy enforcement of liens on realty.
Also, a bill to amend an act prescribing the mode of granting license to sell intoxicating liquors in the counties of Burke, Jefferson and Washington, approved February 20, 1873, etc.
Also, a bill to provide for the dismissal of appeals in the Superior Courts of this State, when parties appelant are not present to prosecute their appeals.
Also, a bill to amend the Constitution of this Scate by striking ont section 9, paragraph 1, article 3, and inserting a new section relating to the pay of members of the General Assembly.
Respectfully submitted, W. M. HAMMOND, Chairman.
The following bill was read the third time, the report of the committee was agreed to, a.nd the

868

JOURNAL OF THE HoUSE,

bill passed, as amended, by the requisite constitutional majority-yeas 103, nays none-to-wit:
A bill to amend an act approved October 16, 1879, entitled an act to prescribe the manner of foreclosing certain chattel mortgages, and to confer jurisdiction on Justices of the Peace and Notaries Public, who aret ex-officio Justices of the Peace therein, and to provide for notice to mortgagor of proceedings.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 101, nays none-to-wit:
A bill to incorporate the Etowah and Blue Ridge Railroad Company.
On motion of Mr. Sweat, House bill No. 850 was taken from the table.
The following bill was read the third time, the report of the committee was agreed to and the bill lost, the requisite constitutional majority not having voted in the affirmative-yeas 68, nays 37-to wit:
A bill to make the first term of court in divorce cases trial term, so as to allow the first verdict to be obtained at such term in said cases.

By consent of the House, Mr. Foster withdrew House bill No. 688.

The House went into the Committee of the Whole House.

Mr. Maddox, chairman of the Committee of the vVhole House, made the following report :

Mr. Speaker:
The Committee of the Whole House have had under consideration-
A bill to encourage the propagation of fish in the

TUESDAY, SEPTEMBER 13, 1881.

869

waters of the State of Georgia, and for the protection of the same.
Which they have instructed me to report back to the House with the recommendation that it do pass by substitute, as amended.
Mr. McBride moved to postpone the further consideration of the bill, and have 200 copies printed. The motion did not prevail.
The report of the committee was agreed to and the bill read the third time ; 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, to-wit:

Those voting in the affirmative are Messrs.-
.A.dderton, .Anderson of Cobb, .Anderson of Newton, Bacon of Chatham, Barnes, Barrow, Bassinger, Bates, Beatty, Bennett, Bird, Brinson, Burch, Cameron, Carter, Clark, Coffin., Crozier, Urumbley, Davis of Lumpkin, Dial, DuPree of Macon, Dyer, Dykes, Edwards, Estes, Foster, Fuller, Garrard, Hammond, Hester, Hightower of Early, Jackson of Richmond, James, Jones of DeKalb, Keil, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Mathews, McAllister, McCants, McLeod, Miller, Moore of Pierce, N orthen, Orr, Park, Peek, Post, Rainey, Roney, Sellars, Shockley, Singleton, Silman, Spence, Spearman, Stapleton,Strother, Summerlin, Sumner, Sweat, Tharpe, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, Whittle, Wingfield, Wright, Zachry, Zellars -77.
Those voting in the negative are Messrs.-
.A.wtry, Branch, Branson, Bull, Christie,Daniel, Davis of Habersham, Day, Denton, DuBignon, DuPree of Pike, Farnell, Goodrich, Hagen, Hale, Harrell, Heath, Henry, Jackson of Carroll, Jemison, Johnson of Lee, Julian, Little, Maddox, McBride, McClure,

870

JouRNAL OF THE HousE,

McClellan, Mcintosh, McKinney, Middlebrook, Mitchell, Milner, Morrow, Nichols, Palmour, Patterson, Quillian, Rankin, Ritchie, Robins, Smith of Oglethorpe, Smith of Union, Stanford, Thompson, Walker of Crawford, Wheeler, \Villiams, Wilkinson, Wilson of Bulloch, "\Vilson of Camden, "\Vithrow -51.
Those not voting are Messrs.Arrington, Brewer, Broyles, Carithers, Cook, Crawford, Feagin, Flynt, Fordham, Gaskins, Gray, Hall, Harp, Heard, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Janes, Johnson of Johnson, Jones of Baker, Kennedy, Martin of Houston, Martin of Talbot, Mays of Butts, Mays of Richmond, McLucas, Moore of Hancock, Moore of Taliaferro, Perkins, Polhill, Price, Rawlins, Reese, Render, Rice, Sapp, Scruggs, Story, Walker of Jasper, Willingham, Wilson of Greene, Winslow, Youngblood, Mr. Speaker-46.
So the requisite constitutional majority not having voted in the affirmative, the bill was lost.
On motion of Mr. Jemison, the rules were suspended and the following bill read the first time and referred to the Committee on General Judiciary, to- wit: By Mr. Jemison-
A bill to amend an aP,t to regulate the manner of letting out contracts to build or repair public buildings, bridges, etc., approved September 29, ]879, by authorizing the Ordinary or Commissioners of Roads and Revenue to build or repair public works by contract under certain circumstances.
By permission of the House, Mr. Basinger withdrew House bill No. 995.
Mr. Basinger, chairman pro tem. of the Committee on Military .Affairs, submitted the following report:
Mr. Speaker: The Committee on Military .Affairs has had under
consideration Rouse bill No. 709, being-

TuESDAY, SEPTEMBER 13, 1881.

871

A bill to be entitled an act to amend an act entitled an act to provide for the better organization, government and discipline of the volunteer troops of this State, etc.
And instruct me to report the same to the House, with the recommendation that it do pass, as amended.
The committee has also had under consideration bill No. 769, to-wit:
A bill to be entitled an act to exempt from road duty the active members of Howell's Artillery.
And instruct me to report the same, with the recommendation that it do not pass.
Respectfully submitted,
WM. S. BASINGER, Chairman protem.

The following message was received from his Excellency. the Governor, through Mr. Avery, his Secretary, to-wit :
.Mr. Speaker :
The Governor has approved and signed the following acts, to-wit:
An act to amend an act to authorize the issue of interest-bearing bonds by the Mayor and City Council of Macon.
Also, an act to continue of force an act to authorize the county of Dougherty to issue bonds, etc.
Also, an act to correct certain mistakes of reference in the lien laws of this State, as contained in sections 1978, 1987, 1989, 1992 and 1994 of the Code of 1873.
Also, an act to amend an act to incorporate the town of Palmetto, of the county of Campbell.
Also, an act to change the time of holding the Superior Courts in the county of ~uitman.
Also, a resolution to grant authority toW. H. Harrison to publish t.he acts of this session-1880 and 1881.
Also, an act to amend an act to grant toR. C. Mitch-

872

J ouilNAL oF THE HousE,

ell & Co. certain privileges in making an abstract of the records of deeds and mortgages in Fulton county.
Also, an act to authorize the sale of certain lots of land in this State, etc.
Also, an act to amend the charter of the Savannah, Florida and \Vestern Railway Company, etc.
Also, an act to prohibit the riding or driving of any horse or mule belonging to another, without his consent.
Also, an act to repeal section 3 of an act to amend an act to incorporate the town of Clarkesville, in Habersham county.
Also, an act to repeal an act to prevent persons from seining for fish in Suwannoochee and Toms creeks, in Clinch and Echols counties, as relates to Clinch county.
Also, an act to increase the salary of the County Treasurer of Baldwin county to $500 per annum.
Also, an act to appropriate money to the Georgia Academy for the Blind, for a department for blind youths of the colored race.
Also, an act to prohibit camp-hunting in Clinch county.
Mr. James, chairman pro tem. of the Committee on County and County Lines, makes the following report :
Mr. Speaker :
The Committee on County and County Lines have bad under consideration the following bill, to wit :
A bill to be entitled an act to carry into effect article 11, section 1, paragraph 3 of the Constitution of the Statn of Georgia, which they report back with a recommendation that the same do pass as amended.
Respectfully submitted, J. S. JA~IES, Chairman protem.
The following bill was read the tbird time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited

TUESDAY, SEPTEMBER 13, 1881.

873

and the bill passed, as amended, by the requisite constitutional majority-yeas 114, r.ays none-to-wit:
.A bill to incorporate the Kingston, Walesea and Gainesville Railroad Company.
Mr. Estes offered thA following resolution, which was read and agreed to, to-wit:
A resolution instructing the Clerk of the House of Representatives to return to the Senate House bill No. 245, in accordance with the request of the Senate.
House bills Nos. 859, 860 and 862, were tabled.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 94, nays none-to-wit:
.A bill to authorize the Town Council of Reynolds, in Taylor county, to issue and sell bonds to build a school house in said town, and for other purposes.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutonal majority-yeas 103~ nays none-to-wit:
A bill to incorporate the town of Morrows, in the county of Clayton, and grant election powers and privileges to the same.
The House then adjourned till 3:30 o'clock p. m.

3:30 O'CLOCK, P.M.
The House re-assembled, the Speaker in the chair. The roll was called and a quorum found to be present. The followi~g bill was read the third time, and, on motion of Mr. Hammond, indefinitely postponed, towit: .A bill tv carry into effect article 11, section 1, paragraph 3, of the Constitution of 1877.

874

J OURN.A.L OF THE ROUSE,

On motion of Mr. Barrow, House bill No. 840 was taken from the table, read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the coma~ittee was amended and agreed to, and the bill passed, by substitute, by the requisite constitutional majorityyeas 111, nays none-to-wit :
A bill to create a County Court for Walton county.
The House went into the Committee of the Whole House, for the purpose of considering House bills Nos. 872, 873, 874, 875 and 876, all of which relate to refunding taxes illegally collected by the State from certain insurance companies.
Mr. N orthen, chairman of the Committee of the Whole House, reported the bills back to the House, with the recommendation that they do pass, as amended.
The first bill (No. 872), reported by the Committee of the Whole House, was read the third time and the report of the committee was agreed to, to-wit:
A bill to refund triple taxes illegally collected by the State of Georgia from the Girard Fire Insurance Company of Pennsylvania.
On the question of the passage of the bill the yeas and nays were req11ired to be recorded, and on calling the roll the vote was as follows, to- wit :

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Awtry,~Bacon of Chatham, Barnes, Barrow, 1Basinger, Bates, Beatty, Bennett, Bird, Branch, Branson, Broyles, Bull, Burch, Carter, Christie, :clark, Coffin, Cook, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Farnell, Flynt, Foster, Fuller, Garrard, Goodrich, Hale, Hammond, Harrell, Heath, Henry, Hester, l:l.ightower

TUE!:!DAY, SEPTEMBER 13, 1881.

875

of Early, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Lee, Jones of DeKalb, Julian, Keil, Kimsey, Lamar1Lamb, Lonnon, Lester, Lewis, Little, Maddox, Mathews, McAllister, McBride, McClure, McClellan, Mcintosh, McKinney, McLeod, Miller, Mitchell, Milner, Moore of Pierce, Morrow, Nichols, N orthen, Orr, Palmour, Patterson, Peek, Post, Quillian, Rainey, Rankin, Rice, Ritchie, Roney, Sapp, Sellars, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, Wheeler, Whittle, Williams, Wilkinson, Wilson of Bulloch, Wilson of Camden, Withrow, 'Vright, Youngblood, Zellars.125.

Those not voting are Messrs.-
Anderson of Newton, Arrington, Brewer, Brinson, Cameron, Carithers, Crawford, Feagin, Fordham, Gaskins, Gray, Hagen, Hall, Harp, Heard,.Hightower ofStewart, Hill, Hillyer, Hunt, Hutchins, Johnson of Johnson, Jones of Baker, Kennedy, Martin of Houston, Martin of Talbot, Mays of Butts, Mays of Richmond, McCants, McLucas, Middlebrook, Moore of Hancock, Moore of Taliaferro, Park, Perkins, Polhill, Price, Rawlins, Reese, Render, Robins, Scruggs, Story, Walker of Jaspt>r, "Tillingham, Wilson of Greene, Wingfield, Winslow, Zachry, Mr. Speaker -49.
So the requisite constitutional majority having voted in the affirmative, the bill was passed.

The next bill (No. 873), reported bY.the Committee of the Whole House, was read the third time and the report of the committee agreed to, to-wit:
A bill to refund triple taxes illegally collected by

876

JouRNAL oF THE HousE,

the State of Georgia from the Insurance Company ot North America, of Philadelphia.
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, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Branson, Broyles, Bull, Burch, Carter, Christie, Clark, Coffin, Cook, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Farnell, .Flynt, Fuller, Garrard, Goodrich, Hagen, Hale, Hammond, Harrell, Heath, Henry, Hester, Hightower of Early, Jackson of Richmond, James, Janes, Jemison, Johnson of LE>e, Jones of DeKalb, Julian, Keil, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, McAllister, McClure, McClellan, Mcintosh, McKinney, McLeod, Miller, Mitchell, Milner, Moore of Pierce, Morrow, Nichols, Northen, Orr, Palmour, Patterson, Peek, Post, Quillian, Rainey, Rankin, Rice, Ritchie, Roney, Sapp, Sellars, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sweat, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, wheeler, Williams, Wilkinson, Wilson of Bulloch, Wilson of Camden. Withrow, Y uungblood, Zellars-119.

Those not voting are Messrs.-
Anderson of Newton, Arrington, Brewer, Brinson, Cameron, Cllrithers, Crawford, Crozier, Feagin, Fordham, Foster, Gaskins, Gray, Hall, Harp, Heard, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Carroll, Johnson of Johnson, Jones of

TUESDAY, SEPTEMBER 13, 1881.

877

Baker, Kennedy, Martin of Houston, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McBride, McCants, McLucas, Middlebrook, Moore of Hancock, Moore of Taliaferro, Park, Perkins, Polhill, Price, Rawlins, Reese, Render, Robins, Scruggs, Story, Sumner, Walker of J asp~r, Whittle, Willingham, Wilson of Greene, Wingfield, winslow, Wright, Zachry, Mr. Hpeaker-55.
So the requisite constitutional majority having voted in the affirmative, the bill passed, as amended.
The next bill (No. 874) reported back by the Committee of the Whole House was read the third time and the rEport of the committee agreed to, to-wit:
A bill to refund double taxes illegally collected by the State of Georgia from the Lorillard Fire Insurance Company, of New York.
On the question of the passage of the bill, the ye'l.S and nays were required to be recorded, and on calling the roll the vote was as follows, viz :

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch,Branson, Broyles, Bull, Burch, Carter, Christie, Clark, Coffin, Cook, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Dial, DuBignon, DuPree of aeon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Farnell, Flynt, Foster, Fuller, Garrard, Goodrich, Hagen, Hale,Hammond, Harrell, Heath, Henry, Hester, Hightower of Early, Jackson of Carroll, Jackson of Richmond, Janes, Jemison, Johnson of Lee, Jones of DeKalb, Julian, Keil, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Mathews, McAllister, McClure, McClellan, Mcintosh, McKinney, McLeod, Miller, Mitchell, Milner, Moore of Pierce, Morrow, Nichols, Northen, Orr, Palmour, Park, Patterson, Post, Quil-

878

JouRNAL OF THE RousE,

lian, Rainey, Rankin, Rice, Ritchie, Roney, Sapp, Sellars, Shockley, Singleton, Silman, Smith of Ogle. thorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sumner, Sweat, Tharpe, Thompson,Turner of Floyd,Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, Wheeler, Williams, Wilkinson, Wilson of Bulloch, Wilson of Camden, Withrow, Youngblood, Zachry, Zellars-122.
Those not voting are Messrs.-
Anderson of Newton, Arrington, Brewer, Brinson, Cameron, Carithers, Crawford, Denton, Feagin, Fordham, Gaskins, Gray, Hall, Harp, Heard, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, James, Johnson of Johnson, Jones of Baker, Kennedy, Martin of Houston, Martin of Talbot, Mays of Butts, Mays of Richmond, McBride, McCants, McLucas, Middlebrook, Moore of Hancock, Moore of Taliaferro, Peek, Perkins, Polhill, Pzice, Rawlins, Reese, Render, Robins, Scruggs, Story, Walker of .Jasper, Whittle, Willingham, Wilson of Greene, Wingfield, Winslow, Wright, Mr. Speaker-52.
So the requisite constitutional majority having voted in the affirmative, the bill passed as amended.

The next bill (No. 875) reported back by the Committee of the Whole House, was read the third time, and the report of the committee agreed to, to-wit :
A bill to refund double taxes illegally collected by the State of Georgia from the Manhattan Fire Insurance Company, of New York.
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, to-wit:
Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch,

TUESDAY, SEPTEMBER 13, 1881.

879

Branson, Broyles, Bull, Burch, Carter, Christie, Clark, Coffin, Cook, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Flynt, Foster, Fuller, Garrard, Hagen, Hale, Hammond, Harrell, Heath, Henry, Hightower ot Early, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Lee, Jones ofDeKalb, Keil, Kimsey,Lamb, Lennon, Lester,Lewis, Little, Maddox, Mathews, McAllister, McCants, McClure, McClellan, Mcintosh, McKinney, McLeod, Miller, Mitchell, Milner, Moore of Pierce, Morrow, Nichols, Northen, Orr, Pal mour, Park; Patterson, Peek, Post, Quillian, Rainey, Rankin, Rice, Ritchie, Roney, Sapp, Sellars, Shockley, Singleton, Silman, Smith of Oglethorpe, Spence, Spearman, Stanford, Sta pleton, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, Wheeler, Whittle, Williams, V\Tilkinson, Wilson of Bulloch, Wilson of Camden, \Vithrow, Youngblood116.
Those not voting are Messrs.Anderson of Newton, Arrington, Bacon of Chatham, Brewer, Brinson, Cameron, Carithers, Crawford, Estes, Farnell, Feagin, Fordham, Gaskins, Goodrich, Gray, Hall, Harp, Heard, Hester, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Johnson of Johnson, Jones of Baker, Julian, Kennedy, Lamar, Martin of Houston, Martin of Talbot, Mays of Butts, Mays of Richmond, McBride, McLucas, Middlebrook, Moore of Hancock, Moore of Taliaferro, Perkins, Polhill, Price, Rawlins, Reese, Render, Robins, Scruggs, Smith
of Union, Story, Strother, Walker of Jasper, Willingham, Wilson of Greene, 'Vingfield, Winslow, Wright, Zachry, Zellars, Mr. Speaker-58.
So the requisite constitutional majority having voted in the affirmative, the _bill was passed, as amended.

880

JouRNAL O.l!' THE HousE,

The next bill (No 876), reported back by the Committee of the whole House, was read the third time and the report of the committee agreed to, to-wit:
A bill to refund double taxes illegally collected by the State of Georgia from Niagara Fire Insurance Company of New York.
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 foliows, to-wit :
Those voting in the affirmative are Messrs.-
Addertou, Anderson of Cobb, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Branson, Brinson, Broyles, Bull, Burch, Carter, Christie, Clark, Coffin, Cook, Crozier, Crumbley, Davis of Habersham, Davis of Lumpkin, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Farnell, Flynt, Foster, Garrard, Goodrich, Hagen, Hale, Hammond, Harrell, Heath, Henry, Hester, Hightower of Early, Jackson of Richmond, James, Janes, Jemison, Johnson of Lee, Jones of DeKalb, Keil, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Mathews, McAllister, McBride, McClure, McClellan, Mcintosh, McKinney, McLeod, Miller, Mitchell, Milner, Moore of Pierce, Morrow, Nichols, N orthen, Orr, Palmour, Park, Patterson, Peek, Post, Quillian, Rainey, Rankin, Rice, Ritchie, Roney, Sapp, Sellars, Shockley, Singleton, Silman, Smith of Oglethorpe, Spence, Spearman, Stanford, Stapleton, Summerlin, Sumner, Sweat, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, Wheeler, Whittle, Williams, Wilkinson, Wilson of Bulloch, Wilson of Camden, Withrow, Youngblood, Zachry-118.
Those not voting are Messrs.-
Anderson of Newton, Arrington, Brewer, Ca.meron, Carithers, Crawford, Daniel, Day, Denton, Feagin,

TUESDAY, SEPTEMBER 13, 1881.

881

Fordham, Fuller, Gaskins, Gray, Hall, Harp, Heard, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Carroll, Johnson of Johnson, Jones of Baker, Julian, Kennedy, Martin of Houston, Martin of Talbot, Mays of Butts, Mays of Richmond, McCants, McLucas, Middlebrook, Moore of Hancock, Moore of Taliaferro, Perkins, Polhill, Price, Rawlins, Reese, Render, Robins, Scruggs, Smith of Union, Story, Strother, Tharpe, Walker of Jasper, Willingham, Wilson of Greene, Wingfield, Winslow, Wright, Zellars, Mr. Speaker-56.
So the requisite constitutional maiority having voted in the affirmative, the bill passed.
On motion of Mr. Rankin, 300 copies of the substitute reported by the Committee on Railroads for House bill No. 922 were o:r:~ered printed for the use of the House.
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 none-to-wit:
A bill to change the time of holding the Superior Court of Mitchell county.
On motion of Mr. Janes, House bill No. 883 was laid on the table.

Mr. Rankin, chairman of the Committee on Railroads, submitted the following report :
Mr. Speaker :
The Committee on Railroads have had under consideration the following bills, which they have instructed me to report back to the House with the recommendation that they do not pass, to-wit:
A bill to be entitled an act to further define the powers and duties ot the Railroad Commission of Georgia, and for other purposes therein mentioned.
Also, a bill to be entitled an act to amend an act to
56

882

JouRNAL oF THE HousE,

provide for the regulation of railroad freight and passenger tariffs in this State; to prevent unjust discrimination and extortion in rates charged, etc., approved October 14, 1879.
Respectfully submitted, W. R. RANKIN, Chairman.
The following bill was read the third time, therereport of the committee was agreed to, and on motion, the bill laid on the table, to-wit:
A bill to amend the general County Court act. , On motion of Mr. Singleton, House bill No. 834 was re-committed to the Special Committee on the J udiciary. On motion of Mr. Davis, of Lumpkin, the rules were suspended and the following bills read the second time, to-wit: A bill to change and modify paragraph 1, section 9, article 3, of the Constitution of 1877. Also, a bill to incorporate the Dahlonega, Dawsonville and Gainesville Telegraph and Telephone Company. Also, a bill to incorporate the Logansville.Railroad Company. Also, a bill to incorporate the Atlantic and Mississippi Telegraph Company. Also, a bill to amend an act to provide for the better organization, government and discipline of the volunteer troops in this State. A bill to fix and determine the manner of returning for taxes, lands divided by undetermined county lines.
The House then adjourned till 9 a. m. to-morrow.

ATLANTA, GEORGIA, Wednesday, September 14, 1881. The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain.

WEDNESDAY, SEPTEMBER 141 1881.

883

The roll was called and the following members were absent:

Those absent are Messrs.-
Arrington, Barnes, Brewer, Cllrithers, Feagin, Harp, Hillyer, Hunt, Johnson of Johnson, Jones of Baker, Kennedy, Martin of Talbot, Mays of Butts, McLucas, Moore of Hancock, Polhill, Rawlins, Reese, Render, Scruggs, Story, Walker of J asper-22.

Those present are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Awtry, Bacon of Chatham, Barrow, Basinger, [Bates, Beatty, Bennett, Bird, Branch, Branson, Brinson, Broyles, Bull, Burch, Cameron, Carter, Christie, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Farnell, Flynt, Fordham, Foster, Fuller, Garrard, Gaskins, Goodrich, Gray, Hagen, Hale, Hall, Hammond, Harrell, Heard, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Lee, Jones of DeKalb, Julian, Keil, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Mathews, Mays of Richmond, McAllister, McBride, McCants, McClure, McClellan, Mcintosh, McKinney, McLeod, Middlebrook, Miller, Mitchell, Milner, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, Northen, Orr, Palmour, Park, Patterson, Peek, Perkins, Post, Price, Quillian, Rainey, Rankin, Rice, Ritchie, Robins, Roney, Sapp, Sel1ars, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sumner, Sweat, Tharpe, Thomp son, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford,

884

J ouRN.AL Ol!' THE HousE,

Wheeler, Whittle, Williams, Willingham, \Vilkinson, Wilson of Bulloch, \Vilson of Camden. Wilson of Greene, Wingfield, vVinslow, Withrow, Wright, Youngblood, Zachry, Zellars, Mr. :::lpeaker-152.
Mr. Heath, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
Mr. Spence gave notice of a motion to reconsider. Mr. James gave notice of a motion to reconsider.
Mr. Spence moved to reconsider so much of the Journal as relates to the action of the House upon a bill to encourage the propagation of fish, etc. The motion to reconsider prevailed.
Mr. James moved to reconsider so much of the Journal as relates to the action of the House upon a bill to carry into effect article 11, section 1, paragraph 3, of the Constitution of 1877.
The motion to reconsider prevailed, and, on motion of Mr. James, the bill was recommitted to the General Committee on the Judiciary.
On motion of Mr. Spence, the bill just reconsidered, in reference to propagation of fish, was made the special order for to- morrow, immediately after the special order already assigned for that day is disposed ot.

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

Mr. Speaker :
The Senate has passed the following bill of the House, with an amendment, by substitute, in which they ask the concurrence of the House, to-wit:
.A bill to authorize the Board of Commissioners of Roads and Revenues of Floyd county to purchase one or more bridges on the Etowah and Oostanaula rivers, at Rome, aud to issue bonds to pay for the

WEDNERDAY, SEPTEllfBER 14, 1881.

885

same, subject to the approval of the voters of said county, which was passed by a constitutional majority
of yeas :-n, nays none.
The Senate has passed the following House bills, with amendments, in which they ask the concurrence of the House, to-wit:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues in the county of Chattooga, which was passed by a constitutional majority of yeas 27, nays none.
Also, a bill to establish a new charter for the town of Franklin, in the county of Heard, and for other purposes, which was passed by a constitutional majority of yeas 26, nays none.
The following bills of the House have been passed, to-wit:
A bill to authorizP- the publication of a new Code of Georgia, to define the duties of the Governor in reference to the publication and distribution thereof, and to appropriate money for the same, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to provide for issuing new bonds of the county of Clarke, to take up the outstanding indebtedness of the county, which was passed by a constitutional majority of yeas 31, nays none.
Also, a bill to prohibit the sale of intoxicating liquors at Delhi, in Wilkes county, Georgia, and within a radius of four miles of said village of Delhi, which was passed by a constitutional majority of yeas 24, nays none.
Also, a bill to prohibit the sale of liquors within one and one-half miles of Unionville church, in the county of Monroe, which was passed by a constitutional majority of yeas 26, nays none.
Also, a bill to amend the act creating a'Board of Commissioners in the county of Lee, which was passed by a constitutional majority of yeas 28, nays none.

886

J OURN.AL OJ!' THE HOUSE,

Also, a bill to regulate the sale of liquors in the county of Polk, which was passed hy a constitutional majority of yeas 28, nays none.
Also, a bill to increase the liquor tax of the county of Bryan, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill to repeal the local road law of the county of Bryan, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to provide for electrotyping the Supreme Court Reports, which was passed by a constitutional majority of yaas 29, nays none.
Also, a bill to provide for the payment of certain insolvent costs in the county of Richmond, which was passea by a constitutional majority of yeas 27, nays none.
Also, a bill to repeal an act in regard to the public schools of Cartersville, which was passed by a constitutioal majority of yeas 31, nays none.
Also, a bill to repeal and amend certain acts in re- gard to certain towns in the county of Webster, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to prohibit the sale of liquors within two miles of Mount Carmel church, in the county of Gwinnett, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to repeal an act in regard to the f'!ee passage of fish in the waters of this State, so far as the same relates to the county of Haralson, which was passed by a constitutional majority of yeas 27, nays none.
Also, a bill to prohibit publishers of school books from acting as members of any Board of Education in any county in this State, which was passed by:a constitutional majority of yeas28, nays none.
The Senate has C!)ncurred in the following resolutions of the House, to-wit:

WEDNESDAY, SEPTEMBER 14, 1881.

887

A resolution in regard to the property of the Georgia State Lottery, which was pass8d by a constitutional majority of yeas 29, nays none.
Also, a resolution authorizing his Excellency the Governor to purchasa from Mrs. Ella M. Cook, for the use of the State, twelve hundred v.olumes of the Supreme Court Reports of this State, which was passed by a constitutional majority of yeas 29, nays 4.

The following bills of the Senate has been passed, to-wit:
A bill to amend paragraph 2, section 18, article 6 of the Constitution of the State of Georgia, which was passed by a constitutional majority of yeas 25, nays 3.

Also, a bill to provide for the better inspection,

management and control of the convicts of this State,

which was passed by a constitutional majority of yeas

35, nays none.

..

And I am directed to transmit the last named bill

forthwith to the House of Representatives.

'fhe Senate has refused to pass the following bill of the House, to- wit :
A bill to alter and amend an act to prescribe fees of Solicitors of County Courts, approved October 15, 1879.

The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary:
Mr. Speaker :
The Governor has approved and signed the follow ing acts:
An act to amend section 4259 of the Code, as to service of bills of exceptions.
Also, an act to prohibit the sale of liquors, except for medicine, in Glynn county.
Also, an act to incorporate the town of Arlington, in the counties of Calhoun and Early.

888

JouRNAL oF THE HousE,

Also, an act to amend the acts in reference to the road laws of Fulton county, so that the chain-gang of the county cannot be worked within one-half mile of the center of Atlanta.
Also, an act for the relief of James M. Rouse, Seaborn M. Hunt, John Ferren, Thomas J. Harris and J ohu Odom, securities on the bond of H. H. Rouse, late Tax Collector of Worth county.
Also, an act to increase the liquor license in Camden county to $5,000.
Also, an act to alter the corporate limits of the town of Bowden, in Carroll county.
Also, an act to change the time of holding the Superior Courts in Upson county.
Also, an act to prohibit the sale of liquors in the 427th district of White county.
Also, an act to confer police powers upon conductors of passenger trains in the State, etc.
Also, an act to repeal all the laws concerning the registration of voters in Camden county.
Also, an act to fix the liquor license in Chariton county.
Also, an act to prescribe the mode of establishing the lines around certain lots of land in Clinch county.
Also, an act to change the time of holding the Spring Term of the Macon Superior Court.
Also, an act to amend an act to require the payment of moneys from fines, etc., into the county treasury.
Mr. Jemison submitted the following minority report from the General Committee on the Judiciary : Mr. Speaker :
The undersigned members of the General Committee on the Judiciary, being unable to concur in the conclusions and recommendation of a majority of the committee, beg leave to submit the following minority report upon House bill No. 505, being-
A bill to provide for the complete merger of courts of equity into courts of law.

WEDNESDAY, SEPTEMBER 14, 1881.

889

The minority of the committee are unable to see

why a distinction, without any material difference,

should longer be preserved between the courts of law

and equity ; on the contrary, being strongly impressed that some such legislation as is proposed by the bill

will tend greatly to simplify, facilitate and expedite

the administration of justice, they recommend that the accompanying substitute be adopted by the House in lieu of the original bill, and that the same do pass, to-wit:
A bill to be entitled an act to confer upon the courts of law all the powers now exercised by the courts of equity in this State, to abolish the distinction between such courts, and for other purposes.

Respectfully submitted,

SAM. H. JEMISON,

F. G. DuBIGNON,

0. A. BULL,

H. C. RoNEY,

w. JOHN

MADDOX,

c. G. JANES,

W. C. WINSLOW.

Mr. Estes, chairman pro tem. of the Special Committee on the Judiciary, submitted the following report:

Mr. Speaker :
The Special Committee on the Judiciary have had under consideration the following bill, which they recommend do pass, as amended, the proofs being correct, to-wit:
A bill to be entitled an act to prohibit hunting or fishing on the lands of another in the county of Tatnail, and to define who shall prosecute, and to provide a punishment therefor, and for other purposes.
Respectfully submitted, J. B. EsTES, Chairman pro tem.

890

JOURNAL OF THE HOUSE,

Mr. Smith, chairman ofthe Committee on Agriculture, submitted the following report, to-wit:

Mr. Speaker:
The Committee on Agriculture have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to make all persons, corporations and companies selling fertilizers, manures and other articles usually sold to farmers and other persons, to warrant the same, and for other purposes.
Also, a bill to amend an act entitled an act relating to fences and stock, approved August 6, 1872.
Also, a bill to amend section 1427 of the Code of Georgia.
The following bill the committee recommend do not pass, to wit :
A bill to submit to the people of each county the question as to whether any horse, mule, cow, hog or other animal or animals, used or fit either for food or labor, shall be permitted to run at large.
Respectfully submitted, J. M. SllnTn, Chairman.

Mr. Stanford, chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker :
The Committee on Temperance have had under consideration the following bill of the Senate, which they recommend do pass, as amended, to-wit:
A bill to regul:;~te the sale of spirituous liquors in the State, outside of incorporated towns, cities and villages, and for other purposes.
Respectfully submitted, L. L. STANFORD, Chairman.

WEDNESDAY, SEPTEMBER 14, 1881.

891

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 do pass, to-wit :
A bill to appropriate money to the State Deaf and Dumb Asylum, for the purpose of erecting a building to be used as :t chapel tLDd school-room, to repair and rebuild the fences around the grounds, to put into operation a system of drainage, and for other purposes therein mentioned.
Also, a bill to be entitled an act to repeal an act entitled an act to encourage immigration to Georgia, and for oth~r purposes, approved October 17, 1879.
Also, a bill to be entitled an act to repeal the 17th paragraph, of section 2, of the act entitled an act to levy and collect a tax for the support of the State government and the public institutions, to pay the interest and maturing principal of the public debt and for educational and other purposes herein mentioned for each of the fiscal years 1881 and 1882, approved December 7, 1880.
They have also had under consideration the following bill, which they recommend do not pass, to-wit:
A. bill to be entitled an act to add a proviso to section 520 of the Code relating to the fees allowed the Tax Collectors of this State for collecting county taxes, and for other purposes.
Also, the following bills, which they recommend do pass, as amended, to-wit:
A. bill to be entitlt>d an act to encourage the building ofthe Marietta and North Georgia Railroad, by changing the character of the State's security for the payment of the loan of the net proceeds of the convict labor heretofore advanced, and to be advanced to said railroad company.

892

JOURNAL OF THE ROUSE,

Also, a resolution providing for the payment of the claim of Francis Fontaine.
Also, a resolution in reference to the sale of certain lands obtained by the State by the seizure of the Macon and Brunswick Railroad.
Respectfully submitted, A. L. MILLER, Chairman pro tem.

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following J;P.port :

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 authorize the publication of a new Code of Georgia, and for other purposes.
Also, an act to prohibit the sale of intoxicating liquors, at Delhi, in Wilkes county, within four miles.
Also, an act to prohibit the sale of intoxicating liquors within one and one-half mile of Unionville church, Monroe county.
Also, an act to regulate the sale of spirituous liquors in the county of Polk, in this State, and for other purposes.
Also, an act to increase the license tax on liquor in the county of Bryan to five thousand dollars.
Also, an act to prohibit the sale of spirituous liquors at any point or place within two miles of Mount Carmel church, in Gwinnett county.
Also, an act to repeal an act to keep open and prevent obstructions to the free passage of fish in the waters of all rivers and mouths of creeks of this State, approved December 10, 1878, as applied to Haralson.
Also, an act to repeal an act to incorporate the town of Western, formerly known by the name of

WEDNEi::lDAY, SEPTEMBER 14, 1881.

893

Hard Money, in Webster county,~approved March 6, 1856.
Also, an act to repeal an act to establish a system of public schools for the city of Cartersville, approved October 1, 1879.
Also, an act to provide for the payment of the insolvent criminal costs of the Clerk and Sheriff of Richmond county out of the county treasury.
Also, an act to provide for the electrotyping of all reports of the Supreme Court of Georgia hereafter published.
Also, an act to provide for issuing new bonds of the county of Clarke, to take up the outstanding indebtedness of the county.
Also, an act to repeal the local road laws of Bryan county which were enacted in 1873, and to substitute therefor the general road law of the State, as contained in the Code of 1873.
Also, an act to change so much of the act creating the Board of Commissioners of Lee county, approved February 28, 1876, as relates to granting retail license, and other purposes.
Also, an act to prohibit any publisher of school books, or agent of any such publisher, or any person who shall be interested pecuniarily in the sale of school books, from acting as member of any Board of Education in any county in this State.
Also, an act to create a Board of Commissioners of Worth county, and for other purposes.
Also, an act to amend an act to regulate the time for which the Mayor of the city of Augusta shall hold office, approved February 23, 1876.
Also, an act to incorporate the Tennille and Wrightsville Railroad Company.
Also, and act to alter and amend an act to incorporate the Citizens' Bank of Augusta, approved December 7, 1880.
Also, an act to amend the charter of the city of

894

JouRNAL OF THE RousE,

Macon, in the county of Bibb, and for other purpo-
ses. Also, an act to supercede an act to incorporate the
town of Buchanan, in Haralson county. Also, an act to amend an act to alter, change and
amend an act to incorporate the town of Decatur, in the county of DeKalb.
Also, an act to incorporate the Dahlonega Savings Bank.
Also, a resolution relating to the Georgia State Lottery property.
Also, a resolution authorizing the Governor to pur chase twelve hundred volumes Supreme Court Reports.
Respectfully submitted, J. L. SWEAT, Chairman.

On motion of Mr. Miller, the hour fixed for the memorial services of Ron. James T. Glover was changed from 11 to 12 o'clock.
The special order was taken up, to-wit:
A bill to regulate the practice of medicine in this State.
The bill was read the third tim~, the substitute was amended and adopted, and the report of the committee was agreed to.
Mr. Wheeler called for the previous question. The call was sustained and the main question ordered.
Mr. Miller called for the yeas and nays. The call was sustained, and on calling thp, roll the vote was as follows, to-wit :

Those voting in the affirmative are Messrs.-
Anderson of Cobb, Bacon of Chatham, Barrow, Bassinger, Bates, Bennett, Bird,Branson, Brinson,Broyles, Bull, Burch, Carter, Christie, Cook, Crawford, Crozier, Daniel, Davis of Habersham, Davis of Lumpkin,

WEDNESDAY, SEPTEMBER 14, 1881.

895

Day, Denton, Dial, DuPree of Macon, DuPree of Pike, Edwards, Estes, Foster, Garrard, Goodrich, Hagen, Hall, Hammond, Hester, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Johnson of Lee, Jones of DeKalb, Kimsey, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Mathews, Mays of Richmond, McBride, McClure, McLeod,Middlebrook, Miller, Mitchell, Milner, Moore of Pierce, Moore of Taliaferro, Nichols, Orr, Patterson, Peek, Perkins, Post, Price, Quillian, Rainey, Rankin, Rice, Ritchie, Roney, Sapp, Sellars, Shock. ley, Singleton, Silman, Spence, Spearman, Strother, Summerlin, Sumner, Sweat, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Walker of Crawford, Wheeler, Whittle, Williams, Willingham, Wilkinson, Wilson of Grepne, Wingfield, Wright, Youngblood, Zachry, Zellars-99.

Those voting in the negative are Messrs.-
.Adderton,:..Awtry, Beatty, Branch, Cameron, Clark, Coffin, Urumbley, DuBignon, Dyer, Farnell, Fordham, Fuller, Gray, Hale, Harrell, Henry, Hightower of Early, Hightower of Stewart, Jemison, Julian, Keil, Lamb, McCants, McClellan, IMclntosh, McKinney, Morrow, Northen, Palmour, Robins, Smith
of Union, Stanford, Stapleton, Tharpe, Twiggs, '\vii-
son of Bulloch, Wilson of Camden, Withrow-39.

Those not voting are Messrs.~-
.Anderson of Newton, .Arrington, Barnes, Brewer, Carithers, Dykes, Feagin, Flynt, Gaskins, Harp, Heard, Heath, Hill, Hillyer, Hunt, Johnson of Johnson, Jones of Baker, Kennedy, Lamar, Martin of Talbot, Mays of Butts, McAllister, McLucas, Moore of Hancock, Park, Polhill, Rawlins, Reese, Render, Scruggs, Smith of Oglethorpe, Story, Walker of Berrien, Walker of Jasper, Winslow, Mr. Speaker36.

896

J OURN.AL OF THE HOUSE,

So the requisite constitutional majority having voted in the affirmative, the bill passed, by substitute.
On motion of Mr. Wright, Rouse bill No. 778 was taken from the table.
On motion of Mr. Jemison, House bill No. 860 was taken from the table.
On motion of Mr. DuPree, of Pike, House bill No. 885 was taken from the table.
The following bill was read the third time and the report of the committee agreed to, to-wit:
A bill to change and modify paragraph 1, section 9, article 3 of the Constitution of Georgia, which relates to the per diem and mileage of the members of the General Assembly, and to prescribe an annual salary in lieu thereof.
Mr. Burch called for the previous question. The call was sustained and the main question ordered.
This being a bill to amend the Constitution, t.he yeas and nays were required to be recorded, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
B~on of Chatham, Barrow, Basinger, Beatty, Bird, Broyles, Carter, Clark, Davis of Lumpkin, DuBignon, DuPree of Pike, Farnell, Garrard, Gray, Harrell, Hightower of Early, Jackson of Richmond, James, Janes, Jemison, Jones of DeKalb, Lamb, Maddox, Martin of Houston, McKinney, Miller, Mitchell, Morrow, Nichols, Northen, Orr, Palmour, Prict>, Rainey, Robins, Roney, Shockley, Sweat, Turner of Monroe, Walker of Crawford, Wheeler, Whittle, Wilson of Camden, Wingfield, Withrow, W right-45.

Those voting in the negative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Bates, Ben-
nett, B ranch, Branson, Brinson, Burch, Cameron,

WEDNESDAY, SEPTEliBER 14, 1881.

897

Christie, Coffin, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Day, Denton, Dial, DuPree of Macon, Dyer, Edwards, Estes, Fordham, Fuller, Goodrich, Hagen, Hale, Hall, Hammond, Henry, Hester, Hightower of Stewart, Hutchins, Jackson of Carroll, Johnson of l.Jee, Julian, Keil, Kimsey, Lamar, Lonnon, Lester, J.1ewis, Little, Mathews, Mays of Richmond, McAllister, McCants, McClure, McClellan, Mclntvsh, McLeod, Milner, Moore of Pierce, Moore of Taliaferro, Park. Patterson, Peek, Perkins, Post, Quillian, Rankin, Rice, Ritchie, Sapp, Singleton, Silman, Smith of Oglethorpe~ Smith of Union, Spence, Spearman, Stanford, Stapleton, Strother, Summerl.in, Sumner, Tharpe, Thompson, Turner of Floyd, Turnipseed, Twiggs, vValker of Berrien, 'Villiams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Greene, Youngblood, Zachry, Zellars-92.

Those not voting are Messrs.-
.Anderson of Newton, .Arrington, Barnes, Brewer, Bull, Carithers, Dykes, Feagin, Flynt, J.i""'oster, Gaskins, Harp, Heard, Heath, Hill, Hillyer, Hunt, Johnson of Johnson, Jones of Baker, Kennedy, Martin of 'l'albot, Mays of Butts, McBride, McLucas, Middlebrook, Moore of Hancock, Polhill, Rawlins, Reese, Render, Sellars, Scruggs, Story, Walker of ,Jasper, Winslow, Mr. Speaker-36.

So the bill was Iost.

On motion of Mr. Perkins, House bill No. 862 was taken from the table.
On motion of Mr. Turner, of Floyd, House bill No. 779 was taken from the table.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was agreed to, and the bill passed, as amended, by the
57

893

JOURNAL OF THE HoUSE,

requisite constitutional majority-yeas 106, nays none -to-wit:
A bill to incorporate the Dahlonega, Dawsonville and Gainesville Telegraph and 'relephone Company.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, as amended, by the requisite constitutional majority-yeas 109, nays none-to-wit:
A bill to incorporate the Loganville Railroad Company, extending from the town of Lawrenceville, in the c:mnty of Gwinnett, to the town of Loganville, in the county oi Walton, in thi8 State, and for other purposes therewith connected.
The Senate amendments to the following bills were concurred in, to- wit:
A bill to establish a new charter for the town of Franklin, in the county of Heard.
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues for Chattooga county, and to define their powers and duties, approved March 4, 1875, by providing eompensation for said board, and by conferring additional powers on said board.
Leave of absence was granted to Mr. Dykes on account of sickness.
The report of the committee, appointed to report resolutions to the House in memory of Hon. James T. Glover, deceased, late Representative from Twiggs county, was then taken up and the following resolutions read and agreed to by a unanimous rising vote, to wit:

RESOLUTIONS IN MEMORY OF HON. JAMES T. GLOVER.
WHEREAS, It has pleased Almighty God to remove from our body by death, on the 4th day of September, 1881, one of our most wmtby and highly esteemed

THURSDAY, 8EPTE!IBER 15, 1881.

899

members, to-wit: Ron. James T. Glover, of the county of Twiggs; therefore be it
1. Resolved, That it is with feelings of the most profound and heartfelt sorrow we note the death of Ron. James T. Glover, of the county of Twiggs.
2. Resolved, That in his death the State of Georgia has lost the services of a most faithful, reliable and conscientious legislator, and the county of Twiggs, as well as the State, a model of upright and worthy citizenship and the ()burch of Christ a most sincere and exemplary member.
3. Resolved, 'l'hat these proceedings be entered on the Journal of this House and a copy theteof be transmitted to his bereaved family.
4. Resolved, That in respect to the memory of the deceased, this House do adjourn until 9 o'clock Thursday morning.
The House then adjourned till 9 a. m. to-morrow.

ATLANTA, GEORGIA,
Thursday, September 15, 1&H.
The House met pursuant to adjounment, was called to order by the Speaker and opened with prayer by the Chaplain.
The roll was called and the following members were absent :
Those absent were .Messrs.-
Arrington, Barnes, Brewer, Feagin, Flynt, Gaskins, Harp, Hillyer, Hunt, Kennedy, .Martin of Talbot, .Mays of Butts, Rawlins, Story-14.
Those present were .Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Awtry, Bacon of Chatham, Barrow, Basinger, Bates,

900

JOURNAL O.l:t' THE HoUSE,

Beatty, Bennett, Bird, Branch, Branson, Brinson, Broyles, Bull, Burch, Cameron, Carter, Carithers, Christie, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Farnell, Fordham, Foster, Fuller, Garrard, Goodrich, Gray, Hagen, Hale, Hall, Hammond, Harrell, Heard, Heath, Henry, Hester, Hightower o! Early, Hightower of Stewart, Hill, H utcbins, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Keil, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Mathews, Mays of Richmond, McAllister, McBride, McCants, McClure, McClellan, Mcintosh, McKinney, McLeod, McLucas, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, Northen, Orr, Palmour, Park, Patterson, Peek, Perkins, Polhill, Post, Price, Quillian, Rainey, Rankin, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, vValker of Crawford, Walker of Jasper, Wheeler, Whittle, Williams, Willingham, 'Vilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Wingfield, Winslow, 'Vithrow, Wright, Youngblood, Zachry, Zellars, Mr. Speaker-160.
Mr. Harrell, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved. Leave of absence was granted to Mr. Flynt on account of sickness.

THURSDAY, SEPTEMBER lo, 1881.

901

Mr. Maddox offered the following resolution, which was read and agreed to, to-wit:
A resolu_tion authorizing the committee to investi gate the lease of the Western and Atlantic Railroad; to have printed 1,000 copies of the evidence taken by them.
Mr. Sweat offered a resolution providing for night sessions, commencing with to-day, to hold from 8 to 10 o'clock p. m.
Mr. Turnipseed offered a substitute. The substitute was not adopted; the resolution was agreed to.

Mr. Milner, chairman pro tem. of the General Committee on the Judiciary, submitted the following report:
Mr. Speaker:
The General Committee on the Judiciary have bad under consideration the following bills, which they recommend do pass, to-wit:
A bill to incorporate the Atlanta Home Insurance Company.
Also, a bill to make it unlawful for any person owning or controlling any cotton compress, to cut from any bale of cotton any bagging enclosing the same.
Also, Senate bill to regulate the practice and prescribe the form of the pauper oath in carrying cases to the Supreme Court.
Also, Senate bill to amend section 441 of the Code, and repeal so much thereof as declares Clerks of the Superior Court eligible to office of Justice of the Peace.
The committt>e recommend that the following bills do pass, as amended, to wit:
Senate bill to punish the stealing of a bale or more of cotton, and for other purposes.

902

JOURNAL OF THE HOUSE,

Also, House bill to create a Board of Commissioners of Roads and Revenues for Polk county.
The proofs as to this bill were examined and found correct.
The committee recommend that the following bill do pass, by substitute, to-wit:
A bill to amend an act entitled an act to regulab the manner of letting out contracts to build or repair public buildings, bridges, etc., so as to authorize such work to be let by or under sealed proposals, under certain circumstances.
The committee recommend that the following bills do not pass, to- wit :
Senate bill to regulate the fees of Ordinaries of this State, and to provide for their payment.
Also, Senate bill to provide for an additional mode for the enforcement of liens of mechanics, contractors, etc.
Also, House bill to authorize Boards of Commissioners of Roads and Revenues and Ordinaries to appropriate certain funds to payment of the county Judges' salaries, etc.
Also, a bill to authorize Robert Massey, a minor, to settle with his guardian.
The committee recommend the withdrawal of the following bills, to- wit :
A bill to provide for the trial of cPrtain cases by a special jury from the grand jury.
Also, a bill to amend section 4058 of the Code, relating to certioraries.
Also, a bill to repeal an act amending the laws of this State for protection of the State Treasurer, approved February 25, 1876.
Also, a bill to make the absence of counsel in actual attendance on the session of the General Assembly in either House as a member, a sufficient ground for the continuance of a case at law, or in equity.
THOMAS W. MILNER, Chairman.

THURSDAY, SEPTEMBER 15, 1881.

903

Mr. Gray, chairman pro tem. of the Special Com-
mittee on the Judiciary, submitted the following re port:
Mr. Speaker:
The Special Committee on the Judiciary have bad under consideration the foliowing bill of the House of Representatives, which they recommend do pass, by substitute, to-wit:
A bill to be entitled an act to incorporate the town of Millen.
Respectfully submitted,
ARTHUR H. GRAY, Chairman protem.

Mr. Sweat, chairman of the Committee on Enroll ment, submitted the following report:
Mr. Speaker:
'l'he 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 authorize and require the proper officials of the several counties in this State to provide for the doing of extraordinary work on the public roads at the county expense.
Also, an act to amend an act prescribing the method of granting license to sell spirituous liquors in the town of Eastman and county of Dodge.
Also, an act to repeal section 1711 of the Code of 1873, and to insert another section in lieu thereof.
Also, an act to incorporate the Augusta Canal and Savannah River Steamboat Company.
Also, an act for the relief of Elder James W. Howard, Deacon D. M Morris and Wesley B. Tice, of the Second Baptist church of the city of Columbus.
Also, an act to repeal all laws, and all amendments to laws, heretofore passed, incorporating the town of Blackshear, Pierce county, and for other purposes.

904

JOURNAL OF THE HouSE,

Also, an act to provide for changing the times of holding the Superior Court of Troup county.
Also, an act to amend an act to create a Board of Commissioners for the county of GrPene.
Also, an act to in0orporatl'l the Broad River Railroad Company.
Also, an act to provide for fixing the venue in suits against telegraph companies, and for other purposes.
Also, an act to prohibit the sale of intoxicating liquors, in any quantity, within two miles of Prospect church, in the county of DeKalb.
Also, an act to incorporate the town of Rising Fawn, in the county of Dade, and for other purposes.
Also, an act to prescribe the mode of granting license to sell intoxicating liquors in Telfair county.
Also, an act to put the liquor license in Montgomery county at not less than five thousand dollars.
Also, an act to amend thA several acts incorporating the town of Dahlonega.
Also, an act to appropriate the sum of ten thousand dollars to the University of Georgia, to rebuild and refurnish the North Georgia College at Dahlonega.
Also, an act to enlarge the jurisdiction of the City Court of Savannah, and for other purposes.
Also, an act to provide for the collection of the special taxes imposed by law on dealers in spirituous liquors or bitters, and for other purposes.
Also, an act to fix the time for the election of Mayor and Aldermen of the town of Eastman, in Dodge county.
Also, an act to prohibit the sale of intoxicating liquors of any and every kind within two miles of the Baptist and Methodist churches in the village of Long Cane, Troup county, and for other purposes.
Also, an act to incorporate the town of Leary, in the caunty of Calhoun, and for other purposes.
Respectfully submitted, J. L. SwEAT, Chairman.

THURSDAY, SEPTEMBER 15, 1881.

905

Mr. Hutchins, chairman of the Committee on Finance, submitted the following report :
Mr. Speaker:
The Committee on Finance have had under consideration the following bill, which they recommend do pass, to-wit :
A bill to be entitled an act to relieve 8amuel Trout, Treasurer of the State Deaf and Dumb Asylum, etc.
Also, the following bill, which they recommend do pass, as amended, to-wit:
.Also, a bill to be entitled an act to provide for the payment of Benjamin F. Culp and John B. Burch the reward offered for the arrest of Charles Kelly.
Also, a bill to be entitled an act to provide for the correct. assessment of the property of this State for the purposes of taxation, which they recommend do pass, by substitute.
Respectfully submitted, N. L. HuTCHINS, Chairman.

On motion of Mr. Hutchins, the following bill was made the special order for to-morrow morning, immediately after the reading of the Journal, to-wit:
A bill to provide for the correct assessment of property for the purposes of taxation in this State.
The special order was taken up, to-wit: A bill to amend the Constitution of this State by an additional clause to the 2d section of the 7th artinle, limiting taxation.
On the question of agreeing to the report of the committee, favorable to 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, to-wit:
Those voting in the affirmative are Messrs.-
Adderton, Bacon of Chatham, Beatty, Brinson, Burch, Christie, Cook, Crumbley, Davis of Lumpkin,

906

J OURN.AL OF THE HOUSE,

Dial, Farnell, Foster,Garrard, Hagen, Harrell, Hester, Hightower of Early, Hill, Hutchins, Jones of Baker, Kimsey, Lamb, Lonnon, Martin of Houston, Miller, Perkins, Polhill, Render, Robins, Smith of Union, Spearman, Stanford, Sumner, Turner of Floyd, vVheele:r:, Wilkinson, vVingfi.eld, Winslow, Withrow, Wright, Zachry-41.
Those voting in the negative are Messrs.Anderson of Cobb, Awtry, Barrow, Basinger, Bates, Bennett, Bird, Broyles, Bull, C~tmeron, Carter, Clark, Crawford, Crozier,Daniel, Davis of Habersham, Day, Denton, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Estes, Fordham, Fuller, Goodrich, Gray, Hale, Hammond, Henry, Hightower of Stewart, Jackson of Carroll, Jackson of Richmond, James, Jemison, Johnson of Johnson, Johnson of Lee, Jones of DeKalb, Julian, Keil, Lamar,Lester, Lewis, Maddox, Mathews, McAllister, McCants, McClure, McClellan, Mcintosh, McKinney, McLeod, Middlebrook, Mitchell, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, N orthen, Orr, Palmour, Park, Peek, Post, P-rice, Quillian, Rainey, Rankin, Reese, Rice, Ritchie, Roney, Sapp, Sellars, Shockley, Singleton, Silman, Spence, Stapleton, Strother, Summerlin, Sweat, Tharpe, Thompson, Tur ner of Monroe, Turnipseed, Twiggs, Walker of Crawford, Walker of Jasper, Whittle, Williams, Wilson of Bulloch, Wilson of Camden, Y oungblood-96.
Those not voting are Me8srs.Anderson of Newton, Arrington, Barnes, Branch, Branson, Brewer, Carithers, Coffin, Dykes, Feagin, Flynt, Gaskins, Hall, Harp, Heard, Heath, Hillyer, Hunt, Janes, Kennedy, Little,Martin of Talbot, Mays of Butts, Mays of Richmond, McBride, McLucas, Milner, Patterson, Rawlins, Scruggs, Smith of Oglethorpe, Story, Walker of Berrien, Willingham, Wilson of Greene, Zellars, Mr. Speaker-37. So the report of t.he committee was not agreed to.

THURSDAY, SEPTEMBER 15, 1881.

907

By permission of the House, Mr. Garrard withdrew the bill.
The second special .:>rder was taken up, to-wit: A bill to encourage the propagation of fish in the waters of the State of Georgia, and for the protection of the same.
Mr. Spence called for the previous question; the call was sustained and the main question ordered.
The substitute, as amended, was adopted.
The report of the committee was agreed to and the bill read the third time ; 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, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Bacon of Chatham, Beatty,Bennett, Bird, Brinson, Carter, Clark, Coffin, Crawford, Crozier, Crumbley, Davis of Lumpkin, Dial, Edwards, Foster, Fuller, Garrard, Hammond, Hester, J:Iightower of Early, Hightower of stewart, Hutchins, Jackson of Richmond, Janes, Jones of Baker, Jones of DeKalb, Keil, Lamar, Lamb,Lonnon,Lester,Martin of Houston, McAllister, McCants, McLeod4 Miller, Moore of Hancock, Moore of Taliaferro, N orthen, Park, Peek, Perkins, Polhill, Rainey, Rice, Roney, Sapp, Sellars, Shockley, Singleton, Silman, Spence, Spearman, Stapleton, Strother, Summerlin, Sumner, Sweat, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Walker of Jasper, W liittle, Wingfield, Youngblood, Zachry, Zellars.-69.

Those voting in the negative are Messrs.-
Anderson of Cobb, Awtry, Barrow, Bates, Broyles, Cameron, Christie, Daniel, Davis of Habersham, Day, Denton, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Farnell, Fordham,Goodrich,Gray,Hagen,

908

JouRNAL OF THE HousE,

Hale, Harrell, Henry, Jackson of Carroll, James, Jemison, Johnson of Johnson, Johnson of Lee, Julian, Kimsey, Maddox, McClure, McClellan, Mcintosh, McKinney, Middlebrook, Mitchell, Milner,Moore of Pierce, Morrow, Nichols, Orr, Palmour, Post, Price, Quillian, Rankin, Reese, Render, Ritchie, Robins, Smith of Oglethorpe, Smith of Union, Stanford, Tharpe, Thompson, Walker of Crawford, Wheeler, Williams, Wilkinson, Wilson of Bulloch, Wilson of Camden, Withrow-63.
Those not voting are Messrs.-
Anderson of Newton, Arrington, Barnes, Basinger, Branch, Branson, Brewer, Bull, Burch, Carithers, Cook, Dykes, Estes, Feagin, Flynt, Gaskins, Hall, Harp, Heard, Heath, Hill, Hillyer, Hunt, Kennedy, Lewis, Little, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McBride, McLucas, Patterson, Rawlins, Scruggs, Story, Walker of Berrien, Willingham, vVilson of Greene, Winslow, Wright, Mr. Speaker-42.
So the requisite constitutional majority not having voted in the affirmative, the bill was lost.
The Senate amendments to the following bills were concurred in, to-wit:
.A. bill to submit tohe voters ot Randolph county the question of prohibiting the sale of liquor.
Also, a bill to provide for but dne grand jury for each term of Hall Superior Court.
Also, a bill to authorize the Board of Commissioners of Floyd county to purchase bridges over the Etowah and Oostanaula rivers, in Rome, and to issue bonds to pay for the same.
The following mes~age was received from the Senate through Mr. Harris, the Secretary thereof:
Mr. Speaker: The Senate has passed the following bills of the Sen-
ate, to-wit:

THURSDAY, SEPTEMBER 15, 1881.

909

..A bill to amend an act to provide for the regulation of freight and passenger tariff's of the railroads of this State, which was passed by a constitutional majority of yeas 33, nays none.
..And I am directed to transmit the same forthwith to the House of Representatives.
The following bill of the Honse has been passed, with an amendment, in which the concurrence of the House is asked, to-wit:
..A bill to submit to the voters of Randolph county the question of granting license to retail spirituous and malt liquors in said county, which was passed by a constitutional majority of yeas 28, nays none.
The Senate has passed the following House bill, towit:
..A bill to incorporate the Union Railroad Company, which was passed by a constitutional majority of yeas 30, nays 5.
The Senate has passed the following House bill, with an amendment, in which they ask the concurrence of the House, to-wit:
..A bill to provide for but one grand jury to serve for each term of Hall Superior Court, and for other purposes, which was passed by a constitutional majority of yeas 29, nays none.
The following message was received from his Excellency the Governor, through Mr. ..Avery, his Secretary, to-wit:
Mr. Speaker :
The Governor has approved and signed the following acts, to-wit:
..An act to amend an act to extend the corporate limits of Greenville, in Meriwether county.
..Also, an act to apprvpriate money to refund double taxes from the Home Insurance Company of New York .
..Also, an act to appropriate money to refund double

910

J ommAL oF THE HousE,

taxes illegally collected from the Underwriters' .Agency ofNew York.
.Also, an act to incorporate the town of Pelham, in Mitchell county.
.Also, an act to amend an act to create a Board of Commissioners tor the city of .Augusta.
Also, an act to authorize the city of .Americus to increase its indebtedness.
.Also, an act to authorize the Mayor and Council of Macon to submit to the voters the making a contract with the M:won Gas Light Company, etc.
.Also, an act to fix the time for the election of Mayor and .Aldermen of the town of Eastman, in Dodge county.
.Also, an act to repeal section 1711 of the Code of 187X .
.Also, an act to change the time of holding the Superior Court of Troup county.
.Also, an act to fix the liquor license in Eastman, Dodge county.
.Also, an act to incorporate the .Augusta Canal and Savannah River Steamboat Company.
.Also, an act to incorporate the Broad River Railroad Company.
.Also, an act to amend an act to create a Board of Commissioners for Greene county.
.Also, an act to require the proper officials to provide for the doing of extraordinary work on. the public roads .
.Also, an act to incorporate the town of Rising Fawn, in Dade county.
The following bill was read the tbird time, tht"J report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, as amended, by the requisite constitutional majority-yeas 106, I>ays none-to-wit:
.A bill to incorporate the Atlantic and Mississippi Telegraph Company.

THURSDAY, SEPTEl\IBER 15, 1881.

911

The House went into the Committee of the Whole House.

Mr. DuPree, of Pike, chairman of the Committee of the Whole House, made the following report :

Mr. Speaker:
The Committee of the whole House have had under con&ideration-
A bill to amend an act to provide for the better organization, governmfmt and discipline of the volunteer troops of this State, etc.
'Vhich they have instructed me to report back, with the recommendation that it do pass, as amended.
The report of the committee was agreed to, and the bill read the third time, and 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, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Bacon of Chatham, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Cameron, Christie, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Estes, Fordham, Fuller, Garrard, Goodrich, Hale, Hammond, Harrell, Heath, Hester, Hightower of Early, Hightower of Stewart, Hutchins, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Jones of Baker, Julian, Keil, Kimsey, Lonnon, Lester, Lewis, Maddox, Mathews, Mays of Richmond, McAllister, McCants, McClure, Mcintosh, McKinney, McLeod, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, N orthen, Orr, Palmour, Park, Patterson, Peek, Perkins, Polhill, Post, Price, Quillian, Rainey, Rankin, Reese, Render,

912

JoURNAL OF THE HoUSE,

Ritchie, Roney, Sapp, Sellars, Silman, Smith of Oglethorp~, Smith of Union, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, "'\Valker of Crawford, "\Valker of Jasper, "\Vbeeler, "'\Vhittle, Williams, "\Villingham, Wilkinson, Wilson of Bulloch, "\Vilson of Camden. Wingfield, Wright, Zachry, Zellars-119.

'fhose voting in the negative are Messrs.Brinson, Farnell, Henry, McClellan, Withrow-5.

Those not voting are Messrs.-
Anderson of Newton, Arrington, Barnes, Branch, Branson, Brewer, Broyles, Bull, Burch, Carter, Cllrithers, Denton, Dykes, Feagin, .Flynt, Foster, Gaskins, Gray, Hagen, Hall, Harp, Heard, Hill, Hillyer, Hunt, Jackson of Carroll, Johnson of Lee, Jones of DeKa.lb, Kennedy, Lamar, Lamb, Little, Martin of Houston, Martin of 'falbot, Mays of Butts, McBride, McLucas, Middlebrook, Rawlins, Rice, Robins, Scruggs, Shockley, Singleton, Story, Walker of Berrien, Wilson of Greene, vVinslow, Youngblood, Mr. ::5peaker -50.
So the requisite constitutional majority having voted in the affirmative, the bill was passed, as amended.
The following 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 94, nays none-to-wit:
A bill to incorporate the Atlanta Rome Insurance Company.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutonal majority-yeas 102, nays 5-to-wit:
A bill to amend an act to regulate the manner of

THURSDAY, SEPTElrBER 15, 1881.

913

letting out contracts to build or repair public buildings and other public works in the several counties of this State, approved September 27, 1879, so as to exempt Floyd county from the provisions of said act.
Leave of absence was granted to Messrs. McClelland and Hunt, on account of sickness; and to Mr. Moore of Hancock, on account of a death in his family.
The House then adjourned till 3:30 o'clock p. m.

3:30 O'CLOCK P.M.
The House re-assembled, the Speaker in the chair. The roll was called and a quorum found to be present.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited and the report of the committee agreed to, and the bill passed by the requisite constiitutional majority-yeas 96, nays 5-to-wit:
A bill to exempt Floyd county from the provisions of section 671 of the Code of 1873, which section requires contractors for public bridges, ferries, turnpikes and causeways to give bonds to keep the same in repair for seven years.
On motion of Mr. Jemison, the following bill was made the special order for to-morrow, immediately after the special order already assigned is disposed of, to-wit:
A bill to amend the Constitution of this State by striking out and repealing paragragh 15, section 7, article 3.
The following bill was read the third time, the report of the committee was argeed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 94, nays none-to-wit:
A bill for the relief of the bondsmen on the bond 58

914

JouRNAL oF THE HousE,

given by the Stonewall Rifles for arms furnished by the State of Georgia.
On motion of Mr. Janes, House bill No. 883 was taken from the table, read the third time, the proofs of the publication of the notices required by law were -exhibited, the report of the comd!ittee was agreed to, and the bill passed by the requisite constitutional majority-yeas 91, nays 6-to-wit :
A bill to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways or other public works in the county of Polk, and for other purposes.
The following bill was read the third time and lost -yeas 47, nays 59-to-wit:
A bill to amend the 14th section of the general County Court act, approved October 13, 1879, so as to allow the court to hold sessions elsewhere than in the court-house, or at the county site.
The following bill was taken up, to-wit: A bill to amend section 3 of an act to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways or other public works, in the several counties of this State, approved September 29, 1879, by striking therefrom the word "one" and inserting the word "five." The bill was read the third time, and Mr. Jemison called for the previous question ; the call was StlStained and the main question ordered. The report of the Committee was not agreed to and the bill was lost-yeas 27, nays 75.
The House went into the Committee of the 'Vhole House.
Mr. Rice, chairman of the Committee of the Whole House, made the following report :
Mr. Speaker: The Committee of the Whole Honse have had un-
der consid~ration-

THURSDAY, SEPTEl\IBER 15, 1881.

915

A bill to make permanent the incomes of the University of Georgia.
Which they have instructed me to report. back to the HousP, with recommendation that.it do pass, by substitute.
ThP- report of the committee was agre~d to, and the bill read the third time; 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, to-wit:
Those voting in the affirmative are Messrs.Adderton,Anderson of Cobb, Awtry, Bacon of Chatham, Barrow, Beatty, Bennett, Bird,Branson,Broyles, Buil, Burch, Cameron, Carter, Christie, Clark, Coffin, Cook, Crawford, Urumbley, Daniel, Davis of Habersham, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Estes, Fordham, Fuller, Garrard, Goodrich, Gray, Hale, Hammond, Harrell, Heath, Hester, Hightower of Early, Hightower of Stewart, Hutchins, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Jones of Baker, Jones of Dt:'Kalb, Julian, Keil, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, .Mays of Richmond, McAllister, McCants, McClure, MuKinney, McLeod, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pit:>rce, Moore of Taliaferro, Morrow, Nichols, Northen, Orr, Palmour, Park, Patterson, Peek, Perkins, Polhill, Post, Price, Rankin, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Shockley, Silman, Smith of Union, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, "\Valker of Berrien, wheeler, Whittle, Williams, Willingham, Wilkinson, Wilson of Bulloch, "\Vilson of Camden, "\Vingfield, Winslow, Withrow, Youngblood, Zachry-123 Mr. Henry voted nay.

916

JouRNAL OF THE HousE,

Those not voting are Messrs.--
Anderson of Newton, Arrington, Barnes, Bassinger, Bates, Branch, Brewer, Brinson, Carithers, Crozier, Davis of Lumpkin, Dykes, Farnell, Feagin, Flynt, Foster, Gaskins, Hagen, Hall, Harp, Heard, Hill, Hillyer, Hunt, Jackson of Carroll, Johnson of Lee, Kennedy, Kimsey, Martin of Talbot. Mathews, l\fays of Butts, McBride, McClellan, Mcintosh, McLucas, Middlebrook, Quillian, Rainey, Rawlins, Scruggs, Singleton, Smith of Oglethorpe, Story, Walker of Crawford, Walker of Jasper, Wilson of Gret>ne, Wright, Zellars, Mr. Speaker-50.
So the requisite constitutional majority having voted in the affirmative, the bill passed by substitute.

The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 112, nays noae-to-wit:
A bill to authorize the County Commissioners of Twiggs county to purchase property offered for sale for State and county taxes due in said county, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 105, nays none-towit:
A bill to amend an act to prohibit the killing of part:<idges, wild turkeys and deer at certain seasons, in the counties of Lowndes, Thomas and Putnam, approved February 28, 1876, so far as the same relates to the county of Thomas, by prohibiting the snaring, killing or trapping of more than 25 partridges in one day.

THURSDA.Y, SEPT.E~fBER 15. 1881.

917

The following bill was taken up to-wit:
A bill to extend the provisions of sections 1449, 1450, 1451, 1452, 1453 and 1454 of the Revised Code of Georgia, which relates to the fence and stock laws of this State, and to make the provisions of the same applicable to militia districts and to provide for the erection of fences around county and militia district lines, and to amend section 1455 of the Code of Georgia.

The report of the committee was amended and adopted, and on the question of the passage of the bill, the yeas and nays were called for by Mr. Hale; the call was sustained, and on calling the roll, the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Bacon of Chatham, Barrow, Bates, Beatty, Bennett, Bird, Branson, Broyles, Carter, Christie, Clark, Coffin, Cook, Crumbley, Dial, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Estes, Fordham, Goodrich, Hammond, Heath, Hightower of Stewart, Jackson of Richmond, James, Jemison, Jones of Baker, Keil, Lamar, Lester, Martin of Houston, Mathews, Mays of Richmond, McKinney, Miller, Mitchell, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, N orthen, Orr, Park, Peek, Perkins, Polhill, Post. Price, Rainey, Render, Rice, Robins, Sapp, Shockley, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stapleton, Strother, Sum- merlin, Sweat, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, "\Vhittle, Wilkinson, Wingfield, Winslow, Wright, Youngblood, Zachry, Zellars-81.

Those voting in the negative are Messrs.-
Brinson, Burch, Cameron, Crawford, Daniel, Davis of Habersham, Day, Denton, DuBignon, Farnell, Garrard, Gray, Hagen, Hale, Harrell, Henry, Hester,

918

JouRNAL oF THE HousE,

Hightower of Early, Hutchins, Janes, Johnson of Johnson. Johnson of Lee, Julian. Lamb, Lonnon, Lewis, Little, Maddox, McAllister, McCants, McClure, Mcintosh, McLeod, Milner, Palmour, Patterson, Quillian, Rankin, Reese, Ritchie, Roney, Sellars, Sumner, Tharpe, Thompson, Walker of Berrien, Walker of Crawford, Wheeler, "'Williams, Willingham, Wilson of Bulloch, Wilson of Camden, "\Vithrow-52.
Those not voting are Met5srs.-
Anderson of Newton, Arrington, Barnes, Basinger, Branch, Brewer, Bull, Carithers, Crozier, Davis of Lumpkin, Dykes, Feagin, Flynt, Foster, Fuller, Gaskins, Hall, Harp, Heard, Hill, Hillyer, Hunt, Jackson of Carroll, Jones of DeKalb, Kennedy, Kimsey, Martin of Talbot, l\fays of Bntts, McBride, McClellan, McLucas, Middlebrook, Rawlins, Scruggs, Singleton, Stanford, Story, \Valker of Jasper, Wilson of Greene, Mr. Speaker-41.
So the requisite constitutional majority not having voted in the affirmative, the bill was lost.
On motion of Mr. Moore, of Pierce, the House then adjourned till 8 o'clock p. m.

8 O'CLOCK, P. M. The Honse re-assembled, the Speaker in the chair. The roll was called and a quorum found to be present.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 115, nays none-to-wit:
A bill to authorize the survey, buildil)g and equipping a railroad from Covington, Newton county, to the Ocmulgee river, to be known as the Covington and Ocmulgee River Railroad Company.

THUR~DAY, SEPTEMBER 15, 1881.

819

The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 102, nays none-to-wit:
A bill to amend the charter of the town of Camilla, Mitchell county.
The following bill was read the third time, the report of the committee wai3 agreed to, the proofs. of the publication of the notices required by law were exhibited and the bill passed by the requisite consti tutional majority-yeas 106, nays none-to-wit:
A bill to require the Judge of the Superier Court for the county of Jackson to have published in advance of the opening of the regular terms thereof the order in which he will take up the dockets of said court.
The House went into the Committee of the Whole House~for the purpose of considering House bills Nos. 804, 805, 806, 807 and 808, all relating to refunding certain taxes illegally collected by the State, from certain Insurance Companies.
Mr. Lamar, chairman of the Committe of the Whole House, reported the bills back, with the recommendation that they do pass, and do pass as amended.
The first of these bills in order, (No. 804) was read the third time and the report of the committee agreed to, to-wit:
A bill to refund double taxes illegally collected by the State <'>f Georgia from the Westchester Fire Insurance Company of New York.
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, to-wit:

Those voting in the affirmative are Messrs.Bacon of Chatham, Barrow, Basinger, Bates, Beat-

920

JouRNAL OF THE HousE,

ty, Bennett, Bird, Branch, Brinson, Bull, Burch, Christie, Clark, Coffin, Cook, Crawford, Daniel, Davis of Habersham, Day, Denton, Dial, DuBignon, DuPree of Pike, Dyer, Edwards, Estes, Farnell, Flynt, Fordham, Garrard, Goodrich, Gray, Hagt>n, Hale, Hammond, Harrell, Heath, Henry. Hester, Hightower of Early, Hightower of Stewart, Hill, Hutchins, Janes, Jemison, Johnson of Johnson, Jones of Baker, Julian, Ke~nedy, Lamar, L'mnon, Lester, Lewis, Little, Maddox, "Martin of Houston, Mathews, Mays of Richmond, McAllister, McCants, McClure, Mclntvsh, McKinney, McLeod, Miller, Mitchell, Milner, Moore of Hancock, Moore of Taliaferro, Nichols, Northen, Orr, Palmour, Patterson, Peek, Perkins, Polhill, Post, Quillian, Rainey, Rankin, ReesE>, Render, Rice, Roney, Sapp, Sellars, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Summerlin, Sumner, Sweat, Turner of Monroe, Turnipseed, Walker of Berrien, \Valkerof Crawford, Walker of .Tasper, \Vhet>ler, Whittle, \Villiams, Willingham, Wilkinson, Wilson of Bulloch. Wilson of Camden, '-'Vingfield, \Vin8low, Withrow, Youngblood, Zellars-119.

Mr. Keil voted nay.

Those not voting are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Barnes, Branson, Brewer, Broyles, Cameron, Carter, Carithers, Crozier, Crumbley, Davis of Lumpkin, DuPree of Macon, Dykes, Feagin, Ji-,oster, Fuller, Gaskir1s, Hall, Harp, Heard, Hillyer, Hunt, Jackson of Carroll, Jackson of Richmond, James, Johnson of Lee, Jones of DeKalb, Kimsey, Lamb, Martin of Talbot, Mays of Butts, McBride, McClellan, McLucas, Middlebrook, Moore of Pierce, Morrow, Park. Price, Rawlins, Ritchie, Robins, Scruggs, Story, Strother, Tharpe, Thompson, Turner

THURSDAY, SEPTEMBER 15, 1881.

921

of Floyd, Twiggs, Wilson of Greene, \Vright, Zachry, Mr. Speaker-54.

So the requisite constitutional majority having voted in the affirmative, the bill passed as amended.
The next bill in order (No. 805) was read the third time and the report of the Committee of the Whole House was agreed to, to-wit:
A bill to refund double taxes illegally collecte~ by the State of Georgia from the Williamsburg City Fire Insurance Company, of New York.
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, to- wit :

Those voting in the affirmative are Messrs.-
Bacon of Chatham, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Brinson, Bull, Bnrch, Carter, Cuithers,Clark, Coffin, Cook, Crawford, Daniel, Davis of Habsham, Day, DPnton, Dial, DuBignon, DuPree of Pike, Dyer, Edwards, Estes, Farnell, Flynt, Fordbam, Garrard, Goodrich, Gray, Hagen, Hale, Hammond, Harrell, Heath, Hester, Hightower of Early, Hightower of Stewart, Hill, Hutchins, Janes, Jemison, Johnson of Johnson, Jones of Baker, Julian, Kennedy, Lamar, Lamb, Lonnon, Lt=>ster, Lewis, Little, Maddox, Martin of Houston, Mathews, Mays of Richmond, McAllister, McClure, Mplntosh, McKinney, Miller, Mitchell, Milner, Moore of Hancock, Moore of Taliaferro, Nichols, N orthen, Orr, Palmour, Patterson, Peek, Perkins, Polhill, Post, Quillian, Rainey, Rankin, Reese, Render, Rice, Ritchie, Roney, Sapp, Sellars, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Summerlin, Sumner, Sweat, Tharpe, Thompson, rurner of Monroe, Turnipseed, Walker of Berrien, Walker of Crawford, Walker of Jasper, Wheeler, Whittle, Wil-

922

JouRNAL OM THE HousE,

Iiams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Camden. Wingfield, Winslow, Withrow, Youngblood, Zellars-118.

Those voting in the negative are Messrs.Keil, McCants_:_2.

Those not voting are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Barnes, Branson, Brewer, Broyles, Cameron, Christie, Crozier, Crumbley, Davis of Lumpkin, DuPree of Macon, Dykes, Feagin, Foster, Fuller, Gaskins, Hall, Harp, Heard, Henry, Hillyer, Hunt, Jackson of Carroll, Jackson of Richmond, James, Johnson of Lee, Jones of Dt>KaJb, Kimsey, Martin of Talbot, Mays of Butts, McBride, McClellan, McLeod, McLucas, Middlebrook, Moore of Pierce, Morrow, Park, Price, Rawlins, Robins, Scruggs, Shockley, Story, Strother, Turner of Floyd, Twiggs, Wilson of Greene, Wright, Zachry, Mr. ~peaker-54.
So the requisite constitutional majority having voted in the affirmative, the bill was passed.
The next bill in order (No. 806) was read the third time and the report of the committee of the Whole House was agreed to, to-wit:
A bill to refund double taxes illegally collected by the State of Georgia from the Phenix Insurance Com. pany, of New York.
On the question of the passage of the bill, the yeas and nays were required to he recorded; and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Bacon of Chatham, Barrow, Basinger, Bates, Beatty, Bennett. Bird, Branch, Brinson, Bull, Burch, Carithers, Clark, Coffin, Cook, Crawford, Daniel, lDavis of Habersham, Day, Denton, Dial, DuBignon, Du-

THURSDAY, SEPTEMBER 15,1881.

923

Pree of Pike, Dyer, Edwards, Estes, Farnell, Flynt, Fordham, Garrard, Goodrich, Gray, Hagen, Hale, Hammond, Harrell, Heath, Hester, Hightower ot Early, Hightower of Stewart, Hill, Hutchins, Janes, J emis m, Johnson of Johnson, Jones of Baker, Julian,Kennedy, Lamar, Lamb, Lannon, Lester, Lewis, Little, Maddox, Martin of Houston, Mathews, Mays of Richmond, McAllister, McClure, Mcintosh, McKinney, McLeod, Miller, Mitchell, Milner, Moore of Hancock, Moore of Taliaferro, Nichols, Northen, Orr, Palmour, Patterson, Peek, Perkins, Polhill, Post, Quillian, Rainey, Rankin, Reese, Render, Rice, Ritchie, Roney, Sapp, Sellars, Scruggs, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Summerlin,Snmner, Sweat, 'rharpe, 'rhompson, Turner of Monroe, Turnipseed, Walker of Berrien, Walker ofCrawford, Walker of Jasper, Wheeler, Whittle, Williams, Willingham, \Yilkinson, Wilson of Bulloch, Wilson of Camden, Wingfield, Winslow, Youngblood, Zellars-117.
Those voting in the negative are Messrs.-
Keil, McCants, Withrow-3.
Those not voting are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Barnes, Branson, Brewer, Broyles, Cameron, Carter, Christie, Crozier, Crumbley, Davis of Lumpkin, DuPree of Macon, Dykes, Feagin, Foster, Fuller, Gaskins, Hall, Harp, Heard, Henry, Hillyer, Hunt, Jackson ofCarroll, Jackson of Richmond, James, Johnson of Lee, Jones of DeKalb, Kimsey, Martin of Talbot, Mays of Butts, McBride, McClellan, McLucas, Middlebrook, Moore of Pierce. Morrow, Park, Price, Rawlins, Robins, Shockley, Story, Strother, Turner ofFloyd, Twiggs, \Vilson of Greene, Wright, Zachry, Mr. Speaker-54.
So the requisite constitutional majority having voted in the affirmative, the bill passed, as amended.

924

JOURNAL OF THE HOUSE,

The next bill in order (No. 807) was read the third time and the report of the Committee of the Whole House agreed to, to-wit:
A bill to refund triple taxes illegally collected by the State of Georgia from the Pennsylvania Fire Insurance Company.
On the question of the passage of the bill, the yeq,s and nays were required to be recorded, and on calling the roll the vote was as follows, viz :

Those voting in the affirmative are Messrs.-
Bacon of Chatham, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Brinson, Broyles, Bull, Burch, Carithers, Clark, Coffin, Cook, Crawford, Daniel, Davis of Habersham, Day, Denton, Dial, DuBignon, DuPree of Pike, Dyer, Edwards, Estes, Farnell, Flynt, Fordham, Garrard, Goodrich, Gray, Hagen, Hale, Hammond, Harrell, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill. Hutchins, Janes, Jemison, Johnson of Johnson, Julian, Kennedy, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Mathews, Mays of Richmond, McAllister, McClure, Mcintosh, McKinney, Miller, Mitchell, Milner, Moore of Hancock, Moore of Taliaferro, Nichols, N orthen, Orr, Palmour, Patterson, Peek, Perkins, Polhill, Post, Quillian, Rainey, Rankin, Reese, Render, Rice, Ritchie, Roney, Sapp, Sellars, Scruggs, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of Monroe, Turnipseed, "\Valker of Berrien, Walker of Crawford, Walker of Jasper, Wheeler, Whittle, \Villiams, Willingham, Wilkinson, Wilson of Bulloch, vVilson of Camden, Wingfield, vVinslow, Youngblood, Zellars-117.
Those voting in the negative are Messrs.-
Keil, McCants, Withrow-3.

TnURSDA.Y, SEPTEMBER 15, 1881.

925

Those not voting are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Barnes, Branson, Brewer, Cameron, Carter, Christie, Crozier, Crumbley, Davis of Lumpkin, DuPree of Macon, Dykes, Feagin, Foster, Fuller, Gaskins, Hall, Harp, Heard, Hillyer, Hunt, Jackson of Carroll, Jackson of Richmond, James, Johnson of Lee, Jones of Baker, Jones of DeKalb, Kimsey, Martin of Talbot, Mays of Butts, McBride, McClellan, McLeod, McLucas, Midcllebrook, Moore of Pierce, Morrow, Park, Price, Rawlins, Robins, Shockley, Story, Strother, Turner of Floyd, 'l'wiggs, Wilson of Greene, Wright, Zachry, Mr. Speaker-54.
So the requisite constitutional majority having voted in the affirmative, the bill was passed.

The next bill in order (No. 907) was read the third time and the report of the Committee of the Whole House agreed to, to-wit:
A bill to refund double taxes illegally collected by the State of Georgia from the German-American Insurance Company of New York.

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, to-wit :

Those voting in the affirmative are Messrs.--
Bacon of Chatham, Barrow, Basinger, Bates,Beaty, Bennett, Bird, Branch, Brinson, Broyles, Bull,Burch, Carithers, Clark, Coffin, Cook, Crawford, Daniel, Davis of Habersham, Day, Denton, Dial, DuBignon, DuPree of Pike, Dyer, Edwards, Estes, Farnell, Flynt, Fordham, Garrard, Goodrich, Gray, Hagen, Hale, Hammond, Harrell, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hutchins, Janes, Jemison, Johnson of Johnson, Julian, Kennedy, Lamar, Lamb, Lonnon, Lester, Lewis,

926

JouRNAL OF THE HousE,

Li.ttle, Maddox, Martin of Houston, Mays, of Richmond, McAllister, McClure, Mcintosh, McKinney, Miller, Mitchell, Milner, Moore of Hancock, Moore of Taliaferro, Nichols, Northen, Orr, Palmour, Patter. son, Peek, Perkins, Polhill, Post, Quillian, Rainey, Rankin, Reese, Render, Rice, Roney, Sapp, Sellars, Scruggs, Singleton, Silman, Sn~th of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Walker of Berrien, \Valker of Crawford, \Valker of Jasper, Wheeler, \Vhittle, Williams, Willingham, Wilkinson, Wilson of Camden, Wingfield, Winslow, Youngblood, Zellars-116.

'rhose voting in the negative are Messrs.-
Keil, McCants, Robins, \Vilson of Bulloch, Withrow-5.

Those not voting are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Barnes, Branson, Brewer, Cameron, Carter, Christie, Crozier, Crumbly, Davis of Lumpkin, DuPree of Macon, Dykes, Feagin, Foster, Fuller, Gaskins, Hall, Harp, Heard, Hillyer, Hunt, Jackson of Carroll, Jackson of Richmond, James, Johnson of Lee, Jones of Baker, Jones of DeKalb, Kimsey, Martin of Talbot, 1hthews, Mays of Butts, McBride, Mc-Clellan, McLeod, McLucas, Middlebrook, Moore of Pierce, Morrow, Park, Price, Rawlins, Ritchie, Shockley, Story, Strother, Twiggs, Wilson of Greene, Wright, Zachry, Mr. Speaker-5H.

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

THURSDAY, SEPTEMBER 15, 1881.

927

passed by the requisite constitutional majority-yeas 94, nays none-to wit:
A bill to alter and change the time for holding the Superior Courts in the county of Baldwin, and for other purposes.
On motion of Mr. DuBignon, House bill No. 915 was laid on the table.
The following bill was read the third time, the z-eport of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 106, nays none-to-wit:
A bill to repeal an act approved September 25, 1879, in reference to the road laws of this State, as far as relates to the county of DeKalb.
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 102, nays 2-to-wit:
A bill to make it a misdemeanor for any person to obstruct the free passage of timber in rafts upon the several water courses in this State, to provide a punishment therefor, and for other purposes.

The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was agreed to, and the bill passed, by substitute, by the requisite constitutional majority-yeas 106, nays none -to-wit:
A bill to abolish the County Court of 1'roup county.

On motion of Mr. Spence, House bill No. 922, to regulate freight and passenger tariffs, and amend the act now of force, was made the special order for Saturday morning, immediately after the reading of the Journal.

928

JouRNAL oF THE HousE,

On motion of Mr. DuPree, of Pike, House bill No. 924 was laid on the table.

The following bill was taken up, to-wit:
A bill to repeal so much of the charter of the city of Savannah, and the acts amendatory thereof, as provides for the election of a jailor and the superintendence of the jail of Chatham county by the Mayor and Aldermen of the city of Savannah, and to vest the management and care of said jail in the County Commissioners and Sheriff of Chatham county, under the general laws regulating county jails in this State.
Mr. Singleton offered an amendment to the substitute.
Mr. Martin, of Houston, called for the previous question; the call was sustained and the main question ordered.
The amendment was not adopted.
The report of the committee was agreed to, the bill read the third time, the proofs of the publication of the notices required by law were exhibitdd, and the bill passed, by substitute, by the requisite constitutional majority-yeas 117, nays none.

The House then adjourned till 9 a. m. to-morrow.

ATLANTA, GEORGIA,
Friday, September 16, 1881.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Mr. Clark, of the House.
The roll was called and a quorum present; the following members being absent :

FRIDAY, SEPTEMBER 16, 1881.

929

Those absent were Messrs.-
Brewer, Feagin, Gaskins, Hall, Harp, Heard, Hillyer, Hunt, Jones of DeKalb, Martin of Talbot, Mays of Butts, McBride, McLucas, Moore of Pierce, Rawlins, Story-16.
Those present were Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Branson, Brinson, Broyles, Bull, Burch, Cameron, Carter, Carithers, Christie, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Farnell, Flynt, Fordham, Foster, Fuller, Garrard, Goodrich, Gray, Hagen, Hale, Hammond, Harrell, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Johnson of Lee, Jones of Baker, J nlian, Keil, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Mathews, Mays of Richmond, McAllister, McCants, McClure, McClellan, Mcintosh, McKinney, McLeod, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Taliaferro, Morrow, Nichols, N orthen, Orr, Palmour, Park, Patterson, Peek, Perkins, Polhill, Post, Price, Quillian, Rainey, Rankin, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sumner, Sweat,Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, 'fwiggs, Walker of Berrien, Walker of Crawford, Walker of Jasper, \Vheeler, Whittle, Williams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Wingfield, Winslow,
59

930

JouRNAL oF THE RousE,

Withrow, Wright, Youngblood, Zachry, Zellars, Mr. Speaker-158.

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

Mr. Twiggs gave notice of a motion to reconsider.

Mr. Twiggs moved to reconsider so much of the Journal as relates to the action of the House upon-

A bill to extend the provisions of the sections of the

Code in relation to fences and stock to militia districts,

etc.



The motion to reconsider prevailed, and, on motion of Mr. Twiggs, the bill was then laid on the table.

The special order was then taken up, to-wit:

.A bill to provide for the correct assessment of the property in this State for the purposes of taxation.

The substitute was amended and adopted and the report of committee agreed to, and the bill read the third time.

On the question of the passage of the bill, Mr. Miller called for the yeas and nays ; the call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
.Adderton, .Anderson of Cobb, .Awtry, Bacon of Chatham, Barnes, Bird, Branson, Brinson, Bull, Christie, Coffin, Crozier, Crumbley, Davis of Lumpkin, DuPree of Macon, DuPree of Pike, Estes, Flynt, Garrard, Hagen, Hale, Hester, HightowPr of Stewart, Hill, Hutchins, Jackson of Richmond, Janes, Jemison, Lamb, Lonnon, Maddox, Martin of Houston, Mays of Richmond, McKinney, Miller, Milner, Morrow, Nichols, Northen, Orr, Palmour, Patterson, Peek, Post, Price, Rice, Robins, Roney, Silman, Spence, Summerlin, Sweat, Turner of Floyd, Twiggs, Wheeler,

FRIDAY, SEPrEMBER 16, 1881.

93i

Whittle, Wilkinson, Wingfield, Wright, Yonngblood, Zachry, Zellars-62.
Those voting in the negative are Messrs.-
Arrington, Barrow, Bates, Beatty, Bennett, Branch, Broyles, Burch, Cc:1meron, Carter, Carithers, Clark, Cook, Crawford, Daniel, Davis of Habersham, Day, Denton, Dial, Du1.3ignon, Dyer, Edwards, Farnell, Fordham, Fuller, Goodrich, Gray, Hammond, Heath, Henry, Hightower of Early, Jackson of Carroll, James, Johnson of Johnson, Johnson of Lee, Jones of "Baker, Keil, Kennedy, Lamar, Lester, Lewis, Little, Mathews, McAllister, McCants, McClure, McClellan, Mcintosh, McLeod, Middlebrook, Mitchell, Moore of Hancock, Moore of Taliaferro, Park, Perkins, Quillian, Rainey, Rankin, Reese, Render, Ritchie, Sapp, Sellars, Scruggs, Shockley, Singleton, Smith of Oglethorpe, Smith of Union, Spearman, Stanford, Stapleton, Strother, Sumner, Tharpe, Thompson, Turner of Monroe, Turnipseed, Walker of Berrien, Walker of Crawford, vValker of Jasper, Williams, Willingham, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Winslow, Withrow-87.
Those not voting are Messrs.-
Anderson of Newton, Basinger, Brewer, Dykes, Feagin, Foster, Gaskins, Hall, Harp, Harrell, Heard, Hillyer, Hunt, Jones of DeKalb, Julian, Kimsey, Martin of Talbot, Mays of Butts, McBride, McLucas, Moore of Pierce, Polhill, Rawlins, Story, Mr. Speaker-25.
So the requisite eonstitQtional majority not having voted in the affirmative, the bill was lost.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker :
The Senate has passed the following bill of the Senate, to-wit:
A bill to enable the purchasers of railroads to form

932

JOURNAL OF THE RoUSE,

corporations and to exercise corporate powers, and to define their rights, powers and privileges, assented to February 29, 1876, by conferring additional powers and privileges upon said purchasers, their successors and assigns, and further defining their rights, powers and privileges, which was passed by a constitutional majority of yeas 25, nays 1.
Also, a bill to regulate the sale of pistols in this State, which was passed by a constitutional majority of yeas 24, nays none.
The Senate has concurred in the following resolution of the House, to-wit:
A. resolution to pay heirs of Hons. A.. J. Hansell and J. M. Wilcox, per diem for this session, which was passed by a constitutiunal majority of yeas 27, nays 5.
The Senate has refused to pass the following House bill, to-wit :
A. bill to establish a permanent Board of Education for the town of Lumpkin, in the county of Stewart.
The Senate has passed the following bills of the House, to-wit:
A. bill to amend section 1408 of the Code of 1873, which was passed by a constitutional majority of yeas 27, nays none.
Also, a bill to repeal the act incorporating the town of DeSoto, which was passed by a constitutional majority of yeas 27, nays none.
Also, a bill to prohibit the sale of liquors in the village of LaFayette, which was passed by a constitutional majority of yeas 26, nays none.
Also, a bill to provide for the preparation of new jury lists in the Superior Courts of this State, which was passed by a constitutional majority of yeas 26, nays none.
Also, a bill to amend section 4139 of the Code of 1873, which was passed by a constitutional majority of yeas 26, nays none.

FRIDAY, SEPTEMBER 16, 1881.

93,!3

.Also, a bill to require the Judges of the Superior Courts of thiS' State, upon reqnest, in the trial of civil cases, to furnish juries with written instructions as to the form of their verdict, which was passed by a constitutional majority of yeas 28, nays none.
The Senate has passed the following bills of the House, with amendments, in which they ask the concurrence of the House, to-wit:
.A bill to prevent the hunting of deer in the night time by fire light, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill to amend an act for the prevention of cruelty to animals, which was passed by a constitutional majority of yeas 25, nays none.
.Also, a bill to apply all moneys received from in spection of fertilizers to the common school fund, which was passed by a constitutional majority of yeas 27, nays 6.
Also, a bill to prohibit the s~le of spirituous liquors in the county of Wilkinson, which was passed by a constitutional majority of yeas 28, nays none.
Mr. Walker, chairman of the Committee on Hygiene and Sanitation, submitted the following report :
Mr. Speaker: The Committee on Hygiene and Sanitation have had
under considerationA bill to be eRtitled an act to amend section 1377 of
the Code of 1873, relating to quarantine jurisdiction. Which they instruct me, as their chairman, to report
back to the House, with a recommendation that it do pass.
Respectfully submitted, F. WALKER, Chairman.
Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report :
Mr. Speaker: The Committee on Enrollment report as duly en

934

JouRNAL OJ!' THE HousE,

rolled, sighned 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 prohibit the sale of intoxicating liquors at Delhi, in \Vilkes county, within four miles.
Also, an act to authorize the publication of a new Code of Georgia, and for other purposes.
Also, an act to prohibit the sale of intoxicating liquors within one and one-half miles of Unionville church, Monroe.
Also, an act to regulate the sale of spirituous liquors in the county of Polk, in this State, and for other purposes.
Also, an act to increase the license tax on liquor, in the countv of Bryan, to five thousand dollars.
Also, an act to prohibit the sale of spirituous liquors at any point or place within two miles of Mount Carmel church, in Gwinnett county.
Also, an act to repeal an act to keep open and prevent obstructions to the free passage of fish in the waters of all rivers and mouths of creeks of this State, approved December 10, 1878, as applies to Haralson.
Also, an act to repeal an act to incorporate the town of Weston, formerly known by the name of Hard Money, in Webster county, approved March 6, 1856.
Also, an act to repeal an act to establish a system of public schools for the city of Cartersville, approved October 1, 1879.
Also, an act to provide for the payment of the insolvent criminal costs of the Clerk and Sheriff of Richmond county out of the county treasury.
Also, an act to provide for the electrotyping of all Reports of the Supreme Court of Georgia hereafter published.
Also, an act to provide for issuing new bonds of the county of Clarke, to take up the outstanding indebtedness of the county.
.A.lso1 an act to repeal the local road laws of Bryan

FRIDAY, SEPTEMBER 16, 1881.

935

county, which were enacted in 1873, and to substitute

therefor the general road law of the State, as contained

in the Code ot 1873.

Also, an act to change so much of the act creating the Board of Commhsioners of Lee county, approved February 28, 1876, as r~lates to granting retail license.

Also, an act to prohibit any publisher of school-

books or agent of any such publisher, or any person who shall be interested pecuniarily in the sale of school-books, from acting as member of any Board of

Education in any county in this State.

Also, an act to create a Board of Commissioners of Worth county, and for other purposes.

Also, an act to amend an act to regulate the time

for which the Mayor of the city of Augusta shall hold his office, approved February 23, 1876.

Also, an act to incorporate the Tennille and

Wrightsville Railroad Company.

Also, an act to alter and amend an act to incorporate the Citizens' Bank of Augusta, approved Decem-

ber 7, 1880.

Also, an act to amend the charter of the city of Ma-

con, in the county of Bibb.

Also, an act to superct>de an act to incorporte the

town of Buchanan, in Haralson county.



Also, an act to amend an act to alter, change and

amend an act to incorporate the town of Decatur, in

the county of DeKalb. Also, an act to incorporate the Dahlonega Savings

Bank. Also, a resolution, relating to the Georgia State Lot-

tery property. Also, a resolution authorizing the Governor to pur-

chase for the State twelve hundred volumes of the

Supreme Court Reports.

Respectfully flubmitted,
J. L. SwE.A.T, Chairman.

936

JouRNAL OF THE HousE,

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 resolution, whieh, as amended, they recommend be agreed to, to-wit:
A resolution in relation to certain outstanding coupons of the Macon and Brunswick Railroad bonds.
Respectfully submitted, N. L. HuTCHINS, Chairman.

Mr. Perkins, chairman of the Committee on the Lunatic Asylum, submitted the following report:
Mr. Speaker :
The Committee on the Lnnitic Asylum have had under consideration the following bills, which they instruct me to report back with the recommendation that the introducers be allowed to withdraw them, towit:
A bill (No. 121) to be entitled an act to provide for the establishment of a brach department of the State Lunatic Asylum, to be located in the county of Pickens; to make an appropriation for the same, and for other purposes. " Also, a bill (No. 246) to be entitled an act to provide for the establishment of a branch of the State Lu natic Asylum, to be located in the county of Hall; to make an appropriation for the same, and for othel' purposes.
Also, a bill to be entitled an act to repeal an act to prescribe how lunatics, idiots, epileptics and demented inebriates may be admitted into and discharged from the lunatic asylum, to make said asylum free to all the resident citizens of this State thus -afflicted, and for other purposes, approved February 27, 1877.
Respectfully submitted,
E. A. PERKINs, Chairman.

FRIDAY, SEPTEMBER 16, 1881.

937

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

Mr. Speaker :
The Governor haS' approved and signed the follow ing acts:
.An act to provide for the collection of the special taxes on liquor dealers.
.Also, an act to enlarge the jurisdiction of the City Court of Savannah.
.Also, an act to appropriate the sum of ten thousand dollars to the University of Georgia, to rebuild the North Georgia College at Dahlonega.
.Also, an act to amend the several acts incorporating the town of Dahlonega.
.Also, an act to put the liquor license in Montgomery county at not less than $5,000.
.Also, an act to prohibit the salA of liquor in two miles of the Baptist and Methodist churches in the village of Long Cane, Troup county.
.Also, an act for the relief of Elder James W. Howard, Deacon D. M. Morris and W. H. Tice, of the Second Baptist church of Columbus.
.Also, an act to provide for fixing the venue in suits against telegraph companies, etc.
.Also, an act to prohibit the sale of intoxicating liquors in two miles of Prospect church, DeKalb county.
.Also, an act to prescribe the mode of granting liquor license in Telfair county.
.Also, an act to repeal all laws incorporating the town of Blackshear, etc.
.Also, an act. to incorporate the town of Leary, in the county of Calhoun.
.Also, a resolution authorizing his Excellency the Governor to purchase from Mrs. Ella M. Cook, for the use of the State, 1,200 volumes of the Supreme Court

938

JOURNAL OF THE HOUSE,

Reports of this State, and to draw his warrant on the Treasury for such sum not to exceed $4 per volume.
Also, a resolution in rtlation to the property of the Georgia State Lottery.

The second special order was taken up, to-wit:
A bill to amend the Constitution of this State by striking therefrom paragraph 15, section 7, article 3 thereof, relative to the origin, introduction and reading of local or special bills.
The report of the committee was agreed to, and the bill read the third time, and 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, to-wit:

Those voting in the affirmative are Messrs.-
Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates,Beatty, Bennett,Bird, Branch, Brewer, Brinson, Bull, Cameron, Carter, Carithers, Christie, Clark, Cook, Crawford, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Denton, DuPree of Macon, Dyer, Ed~ards, Estes, Farnell, Flynt, Fordham,Gray, Hagen, Hale, Hammond, Harrell, Heath, Hester, Hightower ot Early, Hightower of Stewart, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemism, Johnson of Johnson, Johnson of Lee, Julian, KAil, Kimsey, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Mathews, Mays of Richmond, McAllister, McCants, McClure, McClellan, Mcintosh, McKinney, Middlebrook, Mitchell, Moore of Hancock, Moore of Taliaferro, Morrow, Nichols, Northen, Orr, Palmour, Park, Patterson, Perkins, Polhill, Price, Quillian, Rankin, Reese, Render, Ritchie, Sapp, Sellars, Scruggs, Shockley, Singleton, Silman, Smith of Union, Spearman, Stanford, Stapleton, Strother, Summerlin,Sumner, Sweat,Tharpe,

FRIDAY, SEPTEMBER 16, 1881.

939

Thompson, Turner of Floyd, Turner of Monroe, Twi~gs, Walker of Berrien, Walker of Crawford, Walker of Jasper, Wheeler, Whittle, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Winslow, Withrow, Wright, Youngblood, Zachry, Zellars -123.

Those voting in the negative are Messrs.-
Adderton, Branson, Burch, Coffin, Crozier, Day, Dial, Goodrich, Henry, Jones of Baker, Kennedy, Lamar, Miller, Milner, Peek, Post, Rice, Roney, Smith of Oglethorpe, Spence, Turnipseed, Williams, Willingham, Wingfield-24.

Those not voting are Messrs.-
Broyles, DuBi~non, DuPree of Pike, Dykes, Fea~in, Foster, Fuller, Garrard, Gaskins, Hall, Harp, Heard, Hill, Hillyer, Hunt, Jones of DeKalb, Martin of Talbot, Mays of Butts, McBride, McLeod, McLu cas, Moore of Pierce, Rainey, Rawlins, Robins, Story, Mr. Speaker-27.
So the requisite two-thirds of all the members elect of the House of Representatives having voted in the affirmative, the bill was passe<l.
On motion of Mr. Wheeler, House bill No. 363 was taken from the table and placed on its passage, to. wit:
A bill to amend paragraph 1, section 12, article 6 of the Constitution of Georgia, by repealing the provisions therein providing for the election of Judges of the Supreme and Superior Courts and Solicitors General by the General Assembly, and by enacting that said officers be appointed by the Governor with the advice and consent of the Senate.
The report of the committee was agreed to and the bill read the third time; on the question of the passage of the bill, the yeas and nays were required to

940

JOURNAL OF THE HOUSE,

be recorded, and on calling tha roll the vote was as follows, to-wit :

Those voting in the affirmative are Messrs.-
Awtry, Barnes, Barrow, Basin~er, Bates, Bennett, Bird, Brinson, Bnrch, Carter, Christie, Clark, Cook, Crumbley, Daniel, Davis of Habersham, Denton, DuPree of Macon, DuPree of Pike, Edwards, Farnell, Flynt, Fordham, Gray, Hagen, Hale, Hammond, Harrell, Heath, Hester, Hightower of Stewart, Kimsey, Lamar, Lester, Little, Maddox, Martin of Houston, Mays of Richmond, McAllister, McClure, Miller, Morrow, Nichols, Northen, Orr, Palmour, Patterson, Perkins, Polhill, Post, Price, Quillian, Rainey,
Rankin, R1!nder, Robins, Singleton, Silman, Spearman, Stapleton, Strother, Sumner, Thompson, 'furner of Floyd, Turner of Monroe, Twiggs, Walker of Crawford, Wheeler, Williams, Wilkinson, Wilson of Bulloch, Winslow, Withrow, Wright, Zachry75.

Those voting in the negative are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Bacon of Chatham, Beatty, Branch, Branson, Brewer, Broyles, Cameron,Carithers, Coffin,Crawford, Crozier, Day, Dial, D uBignon, Dyer, Estes, Garrard, Goodrich, Henry, Hightower of Early, Hutchins,Jackson of Carroll, James, Janes, Jemison, Johnson of Lee, Jonesof Baker, Julian, Keil, Kennedy, Lamb, Lonnon, Lewis, Mathews, McCants, Mcintosh, McKinney, Middlebrook, Mitchell, Milner, Moore of Hancock, Moore of Taliaferro, Park, Peek, Reese, Rice, Roney, Sel1ars, Smith of Oglethorpe, Smith ofUnion, Spence, Stanford, Summerlin, SwPat, Tharpe, Turnipseed, Walker of Berrien, Walker of Jasper, Whittle, Willingham, Wilson of Camden. Wilson of Greene,J Wingfield, Youngblood, Zellars-69.

FRIDAY, SEPTEMBER 16, 1881.

941

Those not voting are Messrs.-
Bull, Davis of Lumpkin, Dykes, Feagin, Foster, Fuller, Gaskins, Hall, Harp, Heard, Hill, Hillyer, Hunt, Jackson of Richmond, Johnson of Johnson, Jones of DeKalb, .Martin of Talbot, Mays of Butts, McBride, McClellan, McLeod, McLucas, Moore of Pierce, Rawlins, Ritchie, Sapp, Scruggs, Shockley, Story, Mr. :::lpeaker-30
So the requisite majority not having voted in the affirmative, the bill was lost.
The following bill, with a Senate amendment, was taken up, to-wit:
A bill to apply all moneys received by the Department of Agriculture for the inspection of fertilizers, in excess of what is necessary to detray the expense of said Agricultural Department, to the common school fund.
The Senate amendment proposed to add, also, the net proceeds arising from the hire of penitentiary convictt".
Mr. Wheeler called for the previous question; the call was sustained and the main question ordered.
Mr. Miller made the point of order that this being an additional appropriation, not voted on by the House when the bill was before it, it was necessary that the vote on the question of concurring in the amendment should be taken by yeas and nays.
The Speaker ruled this point well taken, and that the vote should be so taken.
Mr. Miller made a second point of order that the amendment being an independent proposition, and one appropriating money, it could not constitutionally originate in the Senate.
The Speaker declined to rule on this point, as in his judgment it was not a question of parliamentary, but of constitutional law, and must be left to the decision of the House.

942

JouRNAL OF THE RousE,

Mr. Miller made the further point of order that it would require eighty-eight affirmative votes-a majority of the whole House-to concur in this amendment.
The Speaker ruled this point not well taken, as the Constitution distinctly confined the requirement referred to, to the passage of bills.
'fhe yeas and nays were ordered, and on calling the roll, the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Anderson of Cobb, Awtry, Barrow, Branch, Broyles, Burch, Carter, Carithers, Clark, Crawford, Crozier, Crumbly, Daniel, Davis of Habersham, Day, Denton, Dial, DuBignon, DuPree of Macon, Dyer, Fordham, Goodrich, Gray, Hagen, Hale, Hammond, Harrell, Henry, Hester, Hightower of Early, Higb,tower of Stewart, Jackson of Carroll, Johnson of Lee, Kennedy, Kimsey, Lamar, Lonnon, Lester, Lewis, Little, M<tthews, McAllister, McClure, McClellan, Mcintosh, McKinney, McLeod, Middlebrook, Mitchell, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Northen, Orr, Peek, Polhill, Price, Quillian, Rainey, Rankin, Ritchie, Roney, Sapp, Scruggs, Shockley, Silman, Smith of Oglethorpe, Smith of Union, Spearman, Stapleton, Sumner, Sweat, Turner of Monroe, Walker of Berrit>n, Walker of Jasper, Williams, Willingham, Wilkinson, Wilson of Greene, Winslow, Withrow-82.

Those voting in the negative are Messrs.-
Adderton, Anderson of Newton, Arrington, Bacon of Chatham, Barnes, Bates, Beatty,Bird,Branson,Brewer, Bull, Cameron, .Christie, Coffin, DuPree of Pike, Estes, Farnell, Garrard, Heath, Hutchins, James, Janes, Jemison, Johnson of Johnson, Julian, Keil, Maddox, Martin of Houston, Mays, of Richmond, McCants, Miller, Milner, Nichols, Palmour, Park, Patterson,

FRIDAY, SEPTEMBER 16, 1881.

943

Perkins, Post, Reese, Render, Rice, Robins, Sellars, Singleton, Spence, Stanford, Strother, Summerlin, Tharpe, Thompson, Turner of Floyd, Turnipseed, Twiggs, Walker of Crawford, Wheeler, Whittle, Wilson of Bulloch, ..Wilson of Camden, Wingfield, Wright, Youngblood, Zachry, Zellars-63.

Those not voting are Messrs.-

Basinger, Bennett, Brinson, Cook, Davis of Lumpkin, Dykes, Edwards, Feagin, Flynt, Foster, Fuller, Gaskins, Hall, Harp, Heard, Hill, Hillyer, Hunt, Jackson of Richmond, Jones of Baker, Jones of DeKalb, Lamb, Martin of Talbot, Mays of Butts, McBride, McLucas, Rawlins, Story, Mr. Speaker-29.

So the Senate amendment was concurred in.

The second and third Senate amendments, to the title of the bill, were concurred in.

The Senate amendments to the following bills were concurred in, to-wit:
.A bill to prevent hunting deer at night by fire-light, called fire hunting, and provide a punishment.
Also, a bill to prohibit the sale of spirituous liquors in the county of Wilkinson.
Also, a bill to amend section 1 of an act for the prevention of cruelty to animals, approved October 20, 1879.
The following bill was read the third time, the report of the committee. was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 106, nays none-to-wit:
A bill to repeal an act to incorporate the town of Lawton ville.

The following bill was read the third time and the

report of the committee amended and agreed to, to-

wit:

.

A bill to extend the Department of Agriculture by

944

JOURNAL OF THE HOUSE,

establishing County Boards of Agriculture, to provide the manner of their election, to prescribe their duties, and for other purposes.
Pending the consideration of this bill, the House, on motion of Mr. Spence, voted to adjourn.
Leave of absence was granted to Messrs. Flynt and Turnipseed on account of sickness.
The Honse then adjourned till 3:30 o'clock p. m.

3:30 O'CLOCK P.M.
The House re-assembled, the Speaker in the chair.
The roll was called and a quorum found to be present.
The unfinished business of the morning was resumed.
Mr. Martin, of Houston, called for the yeas and nays ; the call was sustained, and the title of the bill is-
A bill to extend the Department of Agriculture by establishing County Boards of Agriculture, etc.
And on calling the roll the vote was as follows, towit:
Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Arrington, ..Awtry, Bacon of Chatham, Bird, Carter, Christie, Clark, Crozier, Urumbley, Dial, DuPree of Macon, Dyer, Goodrich, Hale, Hammond, Hightower of Early, Hill, Janes, Jones of Baker, Julian, Lamar, Lester, Lewis, Martin of Houston, Mathews, Mays of Richmond, McKinney, Miller, Mitchell, Morrow, Nichols, Orr, Palmour, Park, Peek, Polhill, Post, Price, Rainey, Robins, Shockley, Singleton, Silman, Smith of Oglethorpe, Spence, Stanford, Stapleton, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of

FRIDAY, SEPTEMBER 16, 1881.

945

Floyd, Turner of Monroe, Wilkinson, Wilson of Camden, Wingfield, \Vinslow, vVright, Youngblood, Zachry-63.
Those voting in the negative are Messrs.-
Barnes, Bates, Bennett, Broyles, Burch, Carithers, Crawford, Daniel, Davis of Habersham, Day, Denton, DuPree of Pike, Estes, Farnell, Fordham, Fuller,Garrard,Gray,Hagen,Harrell,Heath,Henry,Hester, Hightower of Stewart, Hutchins, Jackson of Carroll, Jemison, Johnson of Lee, Keil, Kennedy, Lamb, Lonnon, Little, McAllister, McCants, McClure, McClellan, Middlebrook, Milner, Moore of Hancock, Moore of Taliaferro, Patterson, Perkins, Rankin, Reese, Render, Ritchie, Sapp, Sellars, Spearman, Walker 1of Berrien, vValker of Crawford, Wheeler, Williams, Wilson of Bulloch, Wilson of Greene, Withrow, Zellars-58.
Those not voting are Messrs.--
Anderson of Newton, Barrow, Bassinger, Beatty, Branch, Branson, Brewer, Brinson, Bull, Cameron, Coffin, Cook, Davis of Lumpkin, DuBignon, Dykes, Edwards, Feagin, Flynt, Foster, Gaskins, Hall, Harp, Heard, Hillyer, Hunt, Jackson of Richmond, James, Johnson of Johnson, Jones of DeKalb, Kimsey, Maddox, Martin of Talbot, Mays of Butts, McBride, McIntosh, McLeod, McLucas, Moore of Pierce, Northen, Quillian, Rawlins, Rice, Roney, Scruggs, Smith of Union, Story, Strother, Turnipseed, Twiggs, Walker of Jasper, Whittle, Willingham, Mr.Speaker-53.
So the requisite constitutional majority not having
~ th~ voted in the affirmative, the bill was lost. The following bill was read the third time, report , of the committee was agreed to, the proofs of the pub-
lication of the notices required by law were exhibited and the bill passed by the requisite constitutional majority-yeas 116, :uays none-to-wit:
A bill to extend and make applicable the provisions 60

946

JOURNAL OF THE HOUSE,

of sections 1449 to 1454, both inr.lusive, of the Code to the 37th, 38th and 260th districts, G. M., of the county of Scriven.
On motion of Mr. Reese, House bill No. 786 was . taken from the table.
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 110, nays none-to-wit:
A bill to compel Clerks of the Superior Court to deliver up ballots in their possession and control to the person who presides at the taking of testimony in contested election cases, so as to secure a compliance with the law, as set out in section 1331 of the Code.
On motion of Mr. Sumner, House bill Nb. 361 was
taken from the table.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed by the requisite constitutional majority-yeas 109, nays none-to-wit:
A bill to order an election to determine if the sale of intoxicating spirits shall be prohibited in the county of Worth, in said State.
The following bill, on motion of Mr. Wheeler, was indefinitely postponed, to-wit :
A bill to make it a misdemeanor for any person in this State to violate any written contract for labor, and to provide a punishment therefor.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the pub- ~ lication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 113, nays none-to-wit:
A bill to incorporate the Greenville and White Sulphur Springs Railroad Company, and for other purposes therewith connected.

FRIDAY, SEPTEMBER 16, 1881.

947

Mr. Rankin, chairman of the Committee on Railroads, submitted the following report :

Mr. Speaker :
The Committee on Railroads have had under consideration the following bill, which they have instructed me to report back to the House with the recommendation that it do pass, as amended, to-wit:
A bill to be entitled an act to incorporate the Gainesville, Blairsville and State Line Railroad Company, and for other purposes.
Respectfully submitted, W. R. RANKIN, Chairman.

Mr. Estes, chairman of the Committee on Corporations, submitted the following report :
Mr. Speaker:
The Committee on Corporations have had under consideration the following bill, which they recom.mend do pass, to-wit:
A bill to amend an act entitled an act to provide for the manner of tax sales by municipal corporations in this State, and for other purposes, approved February 27, 1877.
The committee have also had under consideration the following bill which they recommend do pass by substitute, the proofs being correct, to;wit:
A bill to incorporate the Elberton and Point Peter Railroad Company.
The committee have also had under consideration the following bill, which they recommend do pass, proofs correct, to-wit:
A bill to incorpJrate the town of Grovetown, in the county of Columbia.
Respectfully submitted, J. B. EsTES, Chairman.

948

JouRNAL oF THE HousE,

Mr. Estes, chairman on the part of the House, of the committee to examine and report on the Hand-Book of Forms, by Silman and Thompson, submitted the following report:
Mr. Speaker :
The Joint Committee of the Senate and House of RepresP.ntatives, appointed under the resolution of December 8, 1880, to examine and report upon the Hand-Book of Legal Forms, prepared by Messrs. Silman & Thompson, of the county of Jackson, submit the following report :
The manuscript was presented to the committee after the commencement of the present adjourned session of the General Assembly. It was divided by the authors into five parts, one of which was thoroughly and critically examined by each member of the committee ; after which the whole work underwent such examination as the limited time and opportunity would permit. The committee are satisfied, from this examination, that the forms contained in the volume are safe and sufficient, as well as concise and accurate, and are therefore adapted to the general wants of those who wish to use legal forms.
Respectfully submitted,
HENRY D. McDANIEL,
w. P. PRICE,
J. B. ESTES,
HENRY HILLYER,
PoPE BARROW.

The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary, to-wit :
Mr. Speaker:
The Governor has approved and signed the following acts, to-wit:
. An act to provide for the payment of insolvent crim-

FRIDAY, SEPTEMBER 16, 1881.

949

inal costs of the Clerk and Sheriff of Richmond county out of the county treasury.
Also, an act to confer power on the Ordinary of Douglas county to erect gates across public and pri vate roads.
Also, an act to prohibit the sale of liquors in two milt>s of Mount Carm31 church, in Gwinnett county.
Also, an act to increase the license tax on liquors,in Bryan county, to $5,000.
Also, an act to repeal the local road laws of Bryan county.
Also, an act to amend an act to regulate the time for which the Mayor of Augusta shall hold office.
Also, an act to prohibit the sale of liqnors at Delhi, in Wilkes county.
Also, an act to provide for issuing new bonds of Clarke county.
Also, an act to incorporate the Dahlonega Savings Bank.
Also, an act to amend the charter of the city of Macon.
Also, an act to provide for the electrotyping of all Reports of the Supreme Court of Georgia hereafter published.
Also, an act to repeal an act to establish a system of public schools in Cartersville.
Also, an act to authorize the publication of a new Code of Georgia, and to appropriate money for the same.

The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was agreed to, and the bill passed, by substitute, by the requisite constitutional majority-yeas 108, nays none --to-wit:
A bill to prohibit the sale of intoxicating liquors of all kinds within the limits of the county of Burke,

950

JouRNAL OF THE HousE,

State of Georgia, (except for medicinal and sacramental purposes) and to provide appropriate remedies and penalties for the evasion and violation of the same.
Under a suspension of the rules, the following bill was introduced, read the first time, and referred to the General Committee on the Judiciary, to-wit : By Mr. Mathews-
A bill to promote medical science in this State.
Under a suspension of the rules the following bill was introduced, read the first time and refer-red to t.he Committee on Corporations, to-wit : ByMr. Rice-
A bill to incorporate the Grand Council of Knights of Temperance of the State of Georgia.
The following bill was read the third time, the report of the committee was agreed to, and the bill passed, by the requisite Constitutional majorityyeas 99, nays none-to-wit:
A bill to authorize the foreclosure of mortgages in equity, as well as in the manner prescribed in the Code.
On motion of Mr. Maddox, House bill No. 941 was tabled.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, by substitute, by the requisite constitutional majority-yeas 99, nays 14-to-wit:
A bill to protect the farming interests of Monroe county, in this State, by making parties, who permit animals to run at large, liable in damages for any trespass which said animals may commit, and for other purposes.
The following bill was read the third time, the report of the committee was argeed to, the proofs of the publication of the notices required by law were exhib-

FRIDAY, SEPTEMBER 16, 1881.

951

ited, and the bill passed, as amended, by the reqnisite, constitutional majority-yeas 104, nays none-towit:
A bill to incorporate the Brunswick and Flint River Railroad.
The following bilJ was lost, the requisite constitutional majority not voting in the affirmative-yeas 82, nays 10-to-wit:
A bill to provide for the better enforcement of road laws of 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 88, nays none-to-wit:
A hill to amend section 13 ofthe school law of August 23, 1872.

The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was amended and agreed to, and the bill passed, by substitute, by the requisite constitutional majority-yeas 97, nays none -to-wit:
A bill to amend an act to repeal the several acts establishing Commissioners of Roads and Revenues in the counties of Jones, Chattahoochee, Douglas, Bul-loch, Heard and Lumpkin, approved 26th September, 1879, by striking out the proviso to said act in the 1st section and inserting in lieu of it, that said E. Peavy, et al., and John V. Edge, Ordinary, shall proceed to perform the duties required by said act, and their fee for the same, and for other purposes.

The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the reqnisite

JoURNAL oF THE HousE,
constitutional majority-yeas 100, nays none-towit:
A bill to incorporate the Rome Canal and Water Company.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 106, nays none-to-wit:
A bill to define the authority of the Commissioners of Roads and Revenues of Glynn county, in relation to the execution of bonds of officers of said county.
The following bill was read the third time, the re port of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional major~ ity-yeas 103, nays none-to-wit:
A bill to confer additional powers on incorporated towns and villages of this State, and for other purposes.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited and the report of the committee agreed to, and the bill passed by the requisite constiitntional majority-yeas 105, nays none-to-wit:
A bill for the appointment of County Police or Patrol for the territory of Richmond, not included in the incorporated limits of the city of Augusta, or any incorporated town or village in said county.
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 101, nays none-to-wit:
A bill to amend section 1562 of the Code of Georgia, in reference tothe inspection of grain.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publi-

FRIDAY, SEPTEMBER 16, 1881.

953

cation of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 114, nays none-to-wit:
A bill to charter the Middle Georgia Railroad Company, to extend from Sandersville or Tennille to Union Point, on the Georgia Railroad.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was amended and agreed to, and the bill passed, as amended, by the requisite constitutional majority-yeas 111, nays 2-to-wit :
A bill to establish a City Court in the county of Richmond, to provide for the appointment of a Judge and Solicitor thereof, and to define their powers and duties.
On motion of Mr. Winslow, the afternoon session was extended until 7 o'clock p. m., and the House resolved to then adjourn till 9 a. m. to morrow.
The following bill was read the third time, the report of the committee was agrPed to and the bill passed, as amended, by the requisite constitutional majorityyeas 102, nays none-to- wit :
A bill to levy and collect a tax from dealers in iron safes doing business in this State.
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 bill to enlarge the powers of county authorities of this State as to levying taxes for pauper purposes.

The House went into the Committee of the Whole House.
Mr. Smith, of Oglethorpe, chairman of the Committee of the Whole House, made the following report:

954

JOURNAL OF THE HOUSE,

Mr. Speaker:
The Committee of the Whole House have had under cone.ideration-
A bill to authorize the Governor to audit and pay a claim in favor of M. L. D. Pittman, of Alabama, for $1,000.
Which they have instructed me to report back, with the recommendation that it do pass, as amended.
Mr. Tharpe move'd to indefinitely postpone the bill.
Mr. Hightower, of Stewart, called for the previous question; the call was sustained and the main question ordered.
The motion to indefinitely postpone prevailed.
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 93, nays none-to wit :
A bill to alter and amend section B698 of the Code of 1873, in regard to the fees of jailors and to regulate the same.
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 101, nays none-to-wit:
A bill to authorize municipal corporations in this State to provide by ordinance for the forfeiture of appearance bonds, and to authorize the presiding officer in any municipal court to bind over or commit to jail for violations of State laws.

The following bill was read the third time, the report of the committee wail agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed by the requisite constitutional majority-yeas 89, nays none-to-wit:
A bill to prevent the sale or furnishing of intoxi-

SATURDAY, SEPTEM:SER 17, 1881.

955

eating liquors within three miles of Davisboro Baptist church, near Davisboro, Ga.
The following bill was read the third time, the :report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 96, nays none-to-wit:
A bill to abolish the County Court of Richmond county.
On motion of Mr. Hutchins, House bill No. 984 was made the special order for to morrow, immediately after the special order already assigned is disposed of.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 95, nays noneto-wit:
A bill to create a Board of Commissioners of Roads and Revenues in the county of Hancock, and to define their powers.
Leave of absence was granted to Mr. Bennett, on account of sickness.
The House then adjourned till 9 a. m. to-morrow.

ATLANTA, GEORGIA,
Saturday, September 17, 1881. The House met pursuant to adjonrnment, was called to order by the Speaker, and opened with prayer by Rev. Mr. Clark, of the House. The roll was called and the following members were absent :

Those absent are Messrs.Flynt, Foster, Gaskins, Hall, Harp, Heard, Hill-



956

JOURNAL OF THE HoUSE,

yer, Hunt, Martin of Talbot, Mays of Butts, Rawlins, Story-12.

Those present are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Branson, Brewer, Brinson, Broyles, Bull, Burch, Cameron, Carter, Carithers, Christie, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Estes, Farnell, Feagin, Fordham, Fuller, Garrard, Goodrich, Gray, Hagen, Hale, Hammond, Harrell, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Keil, Kennedy, Kimsey, Lamar, Lamb, Lonnon,:Lester, Lewis, Little, Maddox, Martin of Houston, Mathews, Mays of Richmond, McAllister, McBride, McCants, McClure, McClellan, McIntvsh, McKinney, McLeod, McLucas, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore ofTaliaferro, Morrow, Nichols, Northen, Orr, Palmour, Park, Patterson, Peek, Perkins, Polhill, Post, Price, Quillian, Rainey, Rankin, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith ofUnion, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, Walker of .Jasper, Wheeler, Whittle, Williams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene; Wingfield, Winslow, Withrow, Wright, Youngblood, Zachry, Zellars, Mr. Speaker-162.

SA.TURDAY, SEPrEMBER 17, 1881.

957

Mr. Heath, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved. Mr. DuPree, of Macon, moved to reconsider so much of the Journal as relates to t.he action of the House upon a bill to provide for the better enforcement of the road laws in this State. The motion to reconsider prevailed. Leave of absence was granted to Mr. Foster, on ac. count of sickness. Mr. Milner offered the following resolution, to-wit: A resolution requesting the Governor to communicate to tnis House, as early as possible, a full report of the evidence furnished him by the agents sent to investigate the causes which produced the death of John Mathews, late a convict in the charge of the Marietta and North Georgia Railroad Company. Mr. Miller offered an amendment to the resolution, adding the following words: "And, also, all othe.i" information on the subject that may be in his possession." Mr. Wheeler called for the previous question; the call was sustained and the main question ordered. The amendment was adopted and the resolution, as amended, was agreed to. The special order was taken up, to-wit: A bill to amend an act to provide for the regulation of railroad tariffs in this State, etc., approved October 14, 1879. The substitute was amended and adopted, and the report of the committee, as amended, was agreed to. On the question of the passage of the bill, Mr. Spence called for the yeas and nays ; the call was sustained, and on calling the roll, the vote was as follows, to-wit:
Those voting in the affirmative are Messrs.Adderton, Anderson of Newton, Arrington, Awtry,

958

JouRNAL OF THE HousE,

Bacon of Chatham, Barnes, Barrow, Basinger, Beatty, Bird, Brinson, Bull, Cameron, Carter, Carithers, Christie, Crawford, Crozier, Davis of Habersham, Day, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Estes, Fordham, Goodrich, Hagen, Hammond, Hester, Hill, Hutchins, Jackson of Carroll, James, Jemison, Johnson of Johnson, Jones of Baker, Keil, Kennedy, Kimsey, Lamar, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Mathews, Mays of Richmond, McAllister, McClure, McLeod, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Nichols, N orthen, Orr, Patterson, Peek, Polhill, Price, Rankin, Reese, Render, Rice, Ritchie, Sapp, Scruggs, Singleton, Silman, Spearman, Stanford, Strother, Summerlin, Sumner, Sweat, Th~rpe, Thompson, Turner of Monroe, Walker of Jasper, Whittle, Williams, Wilkinson, Wingfield, Winslow, Youngblood, Zellars-90.

Those voting in the negative are Messrs.-
Anderson of Cobb, Bates, Branch, Brewer, Burch, Clark, Coffin, Crumbley, Daniel, Dial, Farnell, Fuller, Garrard, Gray, Hale, Heath, Henry, Hightower of Early, Hightower of Stewart, Jackson of Richmond, Janes, Johnson of Lee, Jones of DeKalb, Julian, Lamb, McBride, McCants, McKinney, Middlebrook, Miller, Moore of Taliaferro, Palmour, Perkins, Post, Rainey, Robins, Roney, Sellars, Shockley, Smith of Oglethorpe, Smith of Union, Spence, Stapleton, Turner of Floyd, Walker of Berrien, Walker of Crawford, Wheeler, Willingham, Wilson of Camden. Wil son of Greene, Withrow, Zachry-52.

Those not voting are Messrs.-
Bennett, Branson, Broyles, Cook, Davis of Lumpkin, Denton, Dykes, Feagin, Flynt, Foster, Gaskins, Hall, Harp, Harrell, Heard, Hillyer, Hunt, Martin of Talbot, Mays of Butts, McClellan, Mcintosh, McLucas, Morrow, Park, Quillian, Rawlins, Story, Tur-

SATURDAY, SEPTEMBER 17, 1881.

959

nipseed, Twiggs, Wilson of Bulloch, Wright, Mr. l:)peaker-32.
So the reqnisite constitutional majority having voted in the affirmative, the bill passPd by substitute.

The following mes:;age was received from the Senate, through Mr. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has passed the following bill of the House, to-wit:
A bill to create a County Court for the county of Walton, which was passed by a constitutional majority of yeas 27, nays none.
And I am directed to transmit the same forthwith to the Honse of Representatives.
The Senate has passed the following bills of the Senate, to-wit:
A bill to change the time of holding the Superior Court of Worth county, which was passed by a constitutional majority of yeas 27, nays none.
Also, a bill to tmnsfer the county of Miller from the Patanla to the Albany Circuit, and to transfer the county of Calhoun from the Albany to the Pataula Circuit, and for other purposes, which was passed by a constitutional majority of yeas ~9, nays 1.
The Senate has passed the following bills of the House, to-wit:
A bill to amend an act to carry into effect the last clause of paragraph 1, section 1, article 7, of the Constitution of 1877, approved September 20, 1879, which was passed by a constitutional majority of yeas 36, nays none.
Also, a bill for the relief of the Mechanics' Building and Loan Association, of the county of Bibb, which was passed by a constitutional majority of yeas 31, nays none.

960

JouRNAL oF THE HousE,

Also, a bill for the relief of the Ocmulgee Building and Loan Association of the county of Bibb, which was passed by a constitutional majority-yeas 29, nays none.
Also, a bill for the relief of the City Building and Loan Association, of Bibb county, which was passed by a constitutional majority-yeas 26, nays none.
Also, a bill for the relief of the Bibb Loan and Building Association, of Bibb county, which was passed by a constitutional majority-yeas 30, nays none.
Also, a bill for the relief of the Home Building and Loan Association of the county of Bibb, which was passed by a constitutional majority-yeas 29, nays none.
The Senate has concurred in the followmg resolution of the House, to-wit:
A resolution to pay the balance of the per diem of the latP, Ron. James T. Glover, to his family, which was passed by a constitutional majority of yeas 29, nays 2.
The Senate has passed the following bill of the House, with an amendment in which they ask the concurrence of the House, to- wit :
A bill to prevent the purchase, or sale, or receipt, or delivery of any seed cotton between the hours of sunset and sunrise, which was passed by a constitutional majority of yeas 25, nays none.
Mr. Sweat, 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 ot the House of Representatives, the following acts, towit:
An act to incorporate the town of MeVille, in the counties_of Telfair and Montgomery.

SATURDAY, SEPTEMBER 17, 1881.

961

Also, an act to establish a new charter for the town of Franklin, in the county of Heard.
Also, an act to incorporate the Union Railroad Company, and to define its rights and powers.
Also, an act to amend an act to create a Board of Commissioners of Roads and Revenue for Chattooga county.
Also, an act to authorize the Board of Commissioners of Roads and Revenues of Floyd county to purchase one or more bridges on the Etowah and Oostanaula river at Rome, Ga.
Also, an act to submit to the voters of Randolph county the question of granting license to sell spirituous liquors in said county.
Also, an act to provide for but one grand jury to serve for each term of Hall Superior Court without reference to the number of weeks such term may continue.
ALso, an act to amend section 1408 of the Code of 1873, which prescribes punishment for keeping a drug store without first procuring a license.
Also, an act tl) amend section 4139 of the Code of Georgia.
Also, an act to require the Judges of the Superior Courts of this State, upon request, in the trial of civil cases, to furnish juries with written instructions as to the form of their verdict..
Also, an act to prohibit the sale ot spirituous liquors
within three miles of the academy located at the village of Lafayette.
Also, an act to prevent the practice of hunting deer in the night time by fire light.
Also, an act to alter and amend section 1 of an act for the prevention of cruelty to animals, approved October 20, 1879.
Also, an act to increase the educational fund, and for other purposes; to apply all moneys received by the Dapartment of Agriculture for inspection of fer-
61

962

JouRNAL OF THE HousE,

tilizers, in excess, and convert same to educational

fund.

Also, an act to repeal an act entitled an act to incor-

porate the town of DeSoto, in the county of Floyd,

and to incorporate the same de novo.

Also, an act to prohibit the sale of spirituous liquors

in the county of Wilkinson, m this State.

Also, an act to provide for the preparation of new

jury lists when the jury-box has been distroyed.

Also, a resolution to pay the heirs of A. J. Hansell

and J. M. Wilcox, per diem for this session.

Respectfully submitted, J. L. SWEAT, Chairman.

Mr. Hammond, chairman protem. of the Committee

on Rules, submitted the following report:

Mr. Speaker :

The Committee on Rules have had under conside:ra-

tion the following resolution of the House, which they

return, with the recommendation that it be not adopted,

to-wit:

A resolution that all bills unfavorably reported by

the several committees of the House be made the spe-

cial order of the day for Mondays and Fridays, imme-

diately after the reading of the JournaL

Respectfully submitted,

W. M_ HAMMOND, Chairman pro tem.

Mr. Milner, chairman protem. of the General Com-

mittee on the Judiciary, submitted the following re

port:

Mr. Speaker:

The General Committee on the Judiciary have had

under consideration the following bill, which they

recommend do pass, as amended, to-wit:



A bill to carry into effect paragraph 6 of section 4,

article 5, of the Constitution, with reference to appeals

in the Superior Courts of this State.

Respectfully submitted,

THOMAS \V. MILNER, Chairman pro tem.

SATURDAY, SEPTEMBER 17, 1881.

963

Mr. Miller offered the following resolution, to-wit: That the morning session be extended until2 o'clock p. m. to-day, and that the House do adjourn at that hour until 9 o'clock a. m. Monday. The resolution was not agreed to.
Mr. Lonnon offered a resolution to adjourn untillO o'clock Monday. The resolution was not agreed to.

The second special order was taken up.
The House went into the Committee of the 'Vhole House.

Mr. Summerlin, chairman of the Committee of the Whole House, made the following report :

Mr. Speaker :
The Committee of the Whole House have had under consideration-
A bill to enable the trustees of the University of Georgia to inaugurate a system of free tuition in that institution.
Which they have instructed me to report back, with the recommendation that it do pass.
The report of the committee was agreed to, and the bill read the third time, and 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, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Newton, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Brinson, Bull, Came:r.:on, Carter, Carithers, Christie, Clark, Coffin, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Dial, DuBignon, DuPree of Pike, Edwards, Estes, Fordham, Fuller, Garrard, Goodrich, Gray, Hale, Hammonu, Harrell, Heath, Hester, Hightower of Stewart, Hill, Hutchins, Jackson of Richmond, James,

964

JouRNAL OF THE RousE,

Janes, Jemis)n, Johnson of Lee, Jones of Baker, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Mathews, Mays of Richmond, McAllister, McClure, McLeod, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Nichols, Northen, Patterson, Peek, Perkins, Polhill, Post, Price, Rainey, Rankin, Reese, Rice, Ritchie, Roney, Sapp, Sellars, Shockley, Silman, Smith of Oglethorpe, Stanford, Stapleton, Strother, Summerlin, Sweat, Thompson, Turner of Floyd, Turner of Monroe, Walker of Jasper, Wheeler, Whittle, "\Villingham, Wilkinson, Wilson of Greene, Winslow, Youngblood, Zellars-100.
Those voting in the negative are Messrs.-
Arrington, Awtry, Beatty, Bird, Branch, Brewer, Burch, Day, Farnell, Henry, Hightower of Early, Jackson of Carroll, Keil, McBride, McCants, McClellan, McKinney, Orr, Palmour, Robins, Smith of Union, Spence, Spearman, Sumner, Walker of Berrien, Walker of Crawford, Williams, Wilson of Bulloch, Wilson of Camden, Withrow, Zachry-31.
Those not voting are Messrs.-
Anderson of Cobb, Bennett. Branson, Broyles, Cook, Davis of Lumpkin, Denton, DuPree of Macon, Dyer, Dykes, Feagin, Flynt, Foster, Gaskins, Hagen, Hall, Harp, Heard, Hillyer, Hunt, Johnson of Johnson, Jones of DeKalb, Julian, Martin of Talbot, Mays of Butts, Mcintosh, McLucas, Middlebrook, Moore of Taliaferro, Morrow, Park, Quillian, Rawlins, Render, Scruggs, Singleton, Story, Tharpe, Turnipseed, Twiggs, Wingfield, Wright, Mr. Speaker-43.
So the requisite constitutional majority having voted in the affirmative, the bill passed.

Mr. Turner, ofMonroe, offered a resolution which provided for an adjournment until 9 a. m., Monday.
The resolution was amended and lo~:t.

SATURDAY, SEPfEMBER 17, 1881.

965

On motion of Mr. Walker, of Berrien, House bill No. 980 was taken from the table.
The rules were suspended, and leave of absence granted to Mr. Estes on account of public business.
Leave of absence was granted to Messrs. Wright and Julian, on account of sickness.
The House then adjourned till3:30 o'clock p.m.

3:30 0' CLOCK p. M. The House re-assembled, the Speaker in the chair. The roll was called and a quorum found to be present.
On motion of Mr. James, the rules were suspended for the purpose of reading Senate bills the first time, and House bills and Senate bills, favorably reported, the second time.
The following Senate bills were read the first time and referred as specified, to-wit:
A bill to increase and enlarge and improve the educational facilities and appliances of the University of Georgia.
Also, a bill to regulate the sale of pistols in this State, and to provide a punishment.
Referred to the Committee on Finance.
A bill to declare countv officers ineligible to hold the office of County School Commissioner.
Referred to the Committee on Education.
.A bill to amend an act to provide for the regulation of freight and passenger tariffs of the railroads of this State.
Also, a bill to amend an act to enable the purchasers ofrailroads to form corporations and to exercise corporate powers, etc., assented to February 29, 1876, by conferring additional powers on said purchasers, their successors and assigns.
Referred to the Committee on Railroads.

966

JOURNAL OF THE HOUSE,

A bill to provide for the better inspection, management and control of the convicts of this State.
Referred to the Committee on Penitentiary.
A bill to amend the law as to mechanics' liens on personalty, as contained in section 1981 of the Code of 1873.
Also, a bill to amend paragraph 2, section 18, article 6, of the Constitution of 1877, with reference to qualification of jurors.
Also, a bill to change the time of holding the Superior Court of Worth county.
Also, a bill to transfer the county of Miller from the Pataula to the Albany Circuit, and to transfer the county of Calhoun to the Pataula from the Albany Circuit, and to fix the times of holding court in said counties.
Referred to the General Committee on the Judiciary.
The following Senate bills, favorably reported, were read the second time, to-wit:
A bill to prescribe the fees of Sheriffs in this State, and to provide for the payment of the same.
Also, a bill to regu1ate the practice and to prescribe the form of the pauper oath in carrying cases to the Supreme Court, where the plaintiff is unable to pay cost.
Also, a bill to amend section 326 of the Code of 1873, in reference to the disposition of cases in said court when the Ordinary is disqualified.
Also, a bill to punish the stealing of a bale or more of cotton.
Also, a bill to regu1ate the sale of spirituous or intoxicating liquors in this State outside of incorporated towns, cities and villages, to determine by election the granting of license to sell such liquors in incorporated towns, cities and villages.
Also, a bill to repeal the last clause of section 441 of the Code of 1873, and amend said section.

SATURDAY, SEPTEMBER 17, 1881.

967

Also, a bill to amend section 1377 of the Code of 1873, relating to quarantine jurisdiction.

Mr. Smith, chairman of the Committee on Agricul~ tore, submitted the following report, to-wit :

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 prevent the spread of glanders, or farcy, or other contagiouH diseases of animals known to be dangerous to human life, and to punish a violation of the same.
Respectfully submitted, J. M. SMITH, Chairman.

The following Honse resolutions were read the second time, to-wjt:
A resolution to pay Francis Fontain~, State Land and Immigration Agent, certain expenses incurred by him.
Also, a resolution in relation to the unpaid coupons of the Macon and Brunswick Railroad bonds, endorsed by the State.
The following House bills were read the second time, to-wit:
A bill to provide for the paym~nt of Benj. T. Culp and John B. Burch, the reward offered for the arrest of Charles T. Kelly.
Also, a bill to incorporate the town of Grovetown. Also, a bill to carry into effect and operation paragraph 6, of section 4, of article 5 of the Constitution of Georgia, with reference to appeals, and to provide for judgments in the Superior Courts at the first term. Also, a bill to repeal paragraph 17, of section 2, of the general tax act for the years 1881 and 1882, approved December 7, 1880.

96S

JoURNAL OF THE HousE,

Also, a bill to incorporate the Elberton and Point Peter Railroad Company.
Also, a bill to incorporate the town of Millen. Also, a bill to amend an act relating to fences and stock, and for the protection of crops so as to make the same apply to either part or portion of any county that is divided by any water course that is, or shall be, deemed and considered fences. Also, a bill to make all persons, corporations and companies selling fertilizers, manures or other articles usually sold to farmers and other persons, to warrant the same to be merchantable and reasonably suited to the use intended, and to provide that no per~on can by any contract relieve or release such sellers from such warranty.
Also, a bill to encourage the building of the Marietta and North Georgia Railroad, by changing the character of the State's security for the payment of the loan of the net proceeds of the convict labor heretofore advanced, and to be advanced to said railroad company.
Also, a bill to amend section 1429 of the Code of Georgia, with reference to taking up estrays.
Also, a bill to make it unlawful for any person or persons owning or controlling any cotton compress to cut from any bale of cotton, without the owners' consent, any bagging enclosing the same.
Also, a bill to llppropriate money to the Deaf and Dumb Asylum to erect a building to ~be_,'used- as a chapel and school room, and to repair and rebuild the fences around the grounds of the asylum, and to put in operation a system of drainage.
.Also, a bill to amend an act to provide for the manner of tax sales by municipal corporations in this State, approved FHbruary 27, 1877.
Also, a bill to relieve Samuel Trout, Treasurer of the State Deaf and Dumb .Asylum, from the payment of

SATURDAY, SEPTEMBER 17, 1881.

969

certain moneys deposited by him, as Treasurer, in the Bank of Rome.
Also, a bill to create a Board of Roads and Revenues in the county of Polk.
Also, a bill to repeal an act to encourage immigration to Georgia, and for other purposes, approved October 17, 1879.
Also, a bill to prevent the spread of glanders, or farcy, or other contagious diseases of animals known to be dangerous to human life, and to punish a violation of the same.
Also, a bill to incorporate the Gainesville, Blairsville and State Line Railroad Company.
Also, a bill to prohibit hunting or fishing on the lands of another in the county of Tatnall, and to define who shall prosecute, and to prescribe a punishment therefor, and for othAr purposes.
Also, a bill to amend an act to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways or other public works in the several counties of this State, etc., approved September 29, 1879, by authorizing the Ordinary, Commissioners of Roads and Revenues, or other officer having charge of Roads and Revenues and public buildings of a county, to build or repair the public works or property by contract or sealed proposals, under certain circumstances, and for other purposes.
Also, a bill to amend the act to incorporate the Wal ton County Railroad Company.

Leave of absence was granted to Mr. Smith, of Union, for one day, on account of sickness.

The House then adjourned till 9 a. m., Monday.

970

JOURNAL OF THE HOUSE,

ATLANTA, GEORGIA,
Monday, September 19, 1881.
The House met pursuant to adjournment, was called to order by the Speaker and opened with prayer by Mr Henry, of the House.
The roll was called and the following memberR were absent:

Those absent were Messrs.-
Branson, Cook, Davis of Habersham, Dykes, Estes, Foster, Gaskins, Harp, Heard, Hillyer, Jemison, Julian, McLucas, Middlebrook, Park, Quillian, Rankin, Rawlins, Smith of Union, Story, TurnerofMonroe, Turnipseed, "Wingfield, Winslow, Zellars-25.

Those present were Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Brewer,Brinson,Broyles, Bull,Burch, Cameron,Carter, Carithers, Christie, Clark, Coffin, Crawford, Crozier, Crumbley, Daniel, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Farnell, Feagin, Flynt, Fordham, Fuller, Garrard, Goodrich, Gray, Hagen, Hale, Hall, Hammond, Harrell, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Keil, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McAllister, McBride, McCants, McClure, McClellan, Mcintosh, McKinney, McLeod, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, Northen,:Orr, Palmour, Patterson, Peek, Perkins, Polhill, Post, Price, Rainey, Reese,~Render, Rice, Ritchie,

MONDAY, SEPTEMBER 19, 1881.

971

Robins, Roney, Sapp, Sellars, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd, Twiggs, Walker of Berrien, Walker of Crawford, Walker of Jasper, Wheeler, Whittle, Williams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Withrow, Wright, Youngblood, Zachry, Mr. Speaker-149.
Mr. Harrell, chairman Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal was then read and approved.
The Senate amendment to the following bill was disagreed to, to-wit:
A bill to prohibit the sale, or delivery, or receipt, of seed cotton between the hours of sunset and sunrise.
Leave of absence was granted to Mr. Jemison on account of sickness.

Mr. Sweat, 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 for the relief of the City Building and Loan Association of Bibb county.
Also, an act for the relief of the Mechanics' Building and Loan Association of Bibb county.
Also, an act for the relief of the Bibb Loan and Building Association of Bibb county.
Also, an act for the relief of the Home Building and Loan Association of Bibb county.
Also, an act for the relief of the Ocmulgee Building and Loan Association of Bibb county.

972

JOURNAL OF THE HoUSE,

Also, an act to amend an act to carry into effect the last clause of paragraph 1, section 1, article 7, of the Constitution of 1877.
Also, an act to create a County Court for the county of Walton.
Also, a resolution to pay balance of per diem of Ron. James T. Glover to his family.
Respectfully flubmitted, J. L. SwEAT, Chairman.

The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 95, nays none-to-wit:
A bill to incorporate the town of Alapaha, in the county of Berrien, and provide for the election of Mayor and Aldermen for said town, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the req Iiisite constitutional majority-yeas 93, nays none-to-wit:
A bill to incorporate the town of Grovetown, in the county of Columbia.

The House went into the Committee of the Whole House.
Mr. Roney, chairman of the Committee of the Whole House, made the following report :
Mr. Speaker: The Committee of the Whole House have had under
considerationA resolution to refund to Francis Fontaine the money
paid out by him for his necessary expenses as State Land and Immigration .Agent.

MONDAY, SEPTEMBER 19, 1881.

973

Which they have instructed me to report back to the House, with the recommendation that it do not pass.
The report of the Committee of the vVhole House was agreed to and the resolution lost.
The following resolution was read the third time, the report of the committee was agreed to and the resolution was agreed to, to-wit:
A. resolution to prohibit the payment of all past due coupons of the Macon and Brunswick Railroad Company indorsed by the State of Georgia.

The House went into Committee of the Whole Rouse.

Mr. Mitchell, chairman of the Committee of the Whole House, made the following report :
Mr. Speaker:
The Committee of the Whole House have had under consideration-
A bill to provide for the payment to Benjamin F. Culp and John B. Burch the reward offered for the arrest of Charles F. Kelly.
Which they have instructed me to report back to the House, with the recommendation that it do pass, as amended.
The report of the committee was agreed to, and the bill read the third time ; 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, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bird, Branch, Brewer, Broyles, Bull, Burch, Cameron, Carter, Carithers, Christie, Clark, Coffin, Crozier, Crumbley, Daniel,

974

JOURNAL OF THE HoUSE,

Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Feagin, Fordham, Fuller, Garrard, .Goodrich, Gray, Hale, Hammond, Harrell, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Johnson of Lee, Jonesof Baker, Jones of DeKalb, Keil, Kennedy, Kimsey, Lamar, Lamb, Lorrnon, Lester, Lewis, Little, Maddox, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McAllister, McBride, Mcintosh, McKinney, McLeod, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Nichols, N orthen, Orr, Palmour, Patterson, Peek, Polhill, Post, Price, Rainey, Reese, Render, Rice, Ritchie, Roney, Sapp, Sellars, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe, Spence, Stanford, Stapleton, Summerlin, Sumner, Sweat, Tharpe, Thompson, 'furner of Floyd, Twiggs, Walker of Berrien, Walker of Crawford, Walker of Jasper, Wheeler, Whittle, Williams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Withrow, Wright, Youngblood -129.

Mr. Spearman voted nay.

Those not voting are Messrs.-

Bennett, Branson, Brinson, Cook, Crawford, Davis

of Habersham, Dykes, Estes, Farnell, Blynt, Foster,

Gaskins, Hagen, Hall, Harp, Heard, Hillyer, Hunt,

Jemison, Johnson of Johnson, Julian, Martin of Hous-

ton, McCants, McClure, McClellan, McLucas, Middle-

brook, Morrow, Park, Perkins, Quillian, Rankin,

Rawlins, Robins, Smith of Union, Story, Strother,

Turner of Monroe, Turnipseed, Wingfield, Winslow,

Zachry, Zellars, Mr. ~peaker-44.



So the requisite constitutional majority having voted in the affirmative, the bill passed as amended.

MoNDAY, SEPTEMBER 19, 1881.

975

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 major ity-yeas 88, nays 3-to-wit:
A bill to carry into effect and .::>peration paragraph 6, of section 4, of article 5 of the Constitutio~ of Georgia, in reference to appeals, and to provide for judgments in the Superi,or Court at the first term.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was agreed to, and the bill passed, by substitute, by the requisite constitutional majority-yeas 104, nays none --to-wit:
A bill to incorporate the Elberton and Point Peter Railroad Company.
The following bill was read the third time, and the report of the committee was agreed to, to-wit:
A bill to repeal the 17th paragraph of the 2d section of an act to levy and collect a tax for the support of the State government and the public institutions, to pay the interest and maturing principal of the public debt and for educational and other purposes, for the fiscal years 1881 and 1882, approved December 7, 1880.
Mr. Hightower, of Stewart, called for the previous question; the call was sustained and the main question ordered.
Mr. Garrard 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, to-wit:

Those voting in the affirmative are Messrs.-
Anderson of Newton, Awtry, Bacon of Chatham, Barrow, Bates, Beatty, Bird, Brew~r, Broyles, Bull, Burch, Cameron, Carter, Christie, Clark, Coffin, Crawford, Crumbly, Daniel, Day,DentonjDuBignon, DuPree of

976

JouRNAL oF THE HousE,

Pike, Dyer,Edwards, Fordham, Fuller, Garrard,Good rich, Henry, Hester, Hightower of Early, Hill, Hillyer, Hunt,Jackson of Carroll, Jackson of Richmond, Johnson of Johnson, Johnson of Lee, Keil,Kimsey ,Lonnon, Little, Martin of Houston, M11thews, Mays of Butts. Mays, of Richmond, McAllister, McClure, Milner, Moore of Hancock, Moore of Pierce, Moore of 'faliaferro, Nichols, N orthen, Palmour, Patterson, Peek, Perkins, Polhill, Post, Price, Rainey, Rice, Ritchie, Roney, Sellars, Scruggs, Stanford, Summerlin, Sweat, Tharpe, Turner of Floyd, Walker of Jasper, Williams, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Withrow, Wright-SO.
Those voting in the negative are Messrs.-
Adderton, Anderson of Cobb, Arrington, Barnes, Bennett, Branch, Brinson, Carithers, Crozier, Davis of Lumpkin, Dial, DuPree of Macon, Farnell, Feagin, Gray, Hale, Hammond, Harrell, Hightower of Stewart, Hutchins, James, Janes, Jones of Baker, Kennedy, Lamar, Lamb, Lester, Lewis, Maddox, Martin of Talbot, McBride, McCants, McClellan, McIntosh, McKinney, Miller, Mitchell, Orr, Reese, Render, Robins, Sapp, Shockley, Silman, Smith of Ogle. thorpe, Smith of Union, Spence, Spearman,Stapleton, Strother, Sumner, Thompson, Twiggs, \Valker of Berrien, Walker of Crawford, 'Vheeler, Whittle, Willingham,. Wilkinson, Youngblood-60.
Those not voting are Messrs.-
Basinger, Branson, Cook, Davis of Habersham, Dykes, Estes, Flynt, Foster, Gaskins, Hagen, Hall, Harp, Heard, Heath, Jemison, Jones of DeKalb, Julian, McLeod, McLucas, Middlebrook, Morrow, Park, Quillian, Rankin, Rawlins, Singleton, Story, Turner of Monroe, Turnipseed, Wingfield, Winslow, Zachry, Zellars, Mr. Speaker-34.
So the requisite constitutional majority not having voted in the affirmative, the bill was lost.

MoNDAY, SEPTE1tBER 19, 1881.

977

The following mes~age was received from the Senate, through Mr. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has passed the following bills of the House, to-wit:
A bill to fix the date of the commencement of the term of imprisonment in the penitentiary of this State.
Also, a bill to prohibit driving cattle into the county of Rabun, at certain seasons of the year, and to reg ulate the driving of beef ~attle.
Also, a bill to require J ndges of the Superior Courts to give specially in charge to grand juries an act entitled an act for the prevention of cruelty to animals.
Also, a bill to prescribe the mode of effecting service on minor defendants in proceedings in the courts of this State so as to make them parties to such proceedings, and to repeal existing laws relating to that subject.
The Senate has passed the following bills of the Honse, to-wit:
A bill to amend an act to prevent the driving or grazing of diseased cattle into places other than those where the cattle are diseased, which was passed by a constitutional majority of yeas 23, nays 2.
Also, a bill to relieve E. Polk, security on Jett Dobbs' forfeited bond in Paulding Superior Court, which was passed by a constitutional majority of yeas 28, nays none.
The Senate has passed the following bills of the House, with amendments, in which they ask the concurrence of the House, to-wit:
A bill to in~orporate the Covington and South River Railroad Company, which was passed by a constitutional majority of yeas 27, nays none.
Also, a bill to regulate the sale of liquors in the 62

978

JouRNAL OF THE HousE,

county of Gwinnett, which was passed by a constitutional majority of yeas 29, nays none.
And I am directed to transmit the last named bill forthwith to the House of Representatives.
The Senate has concurred in the following resolution of the Honse, to-wit:
A resolution providing for the payment of mileage to memb3rs of the General Assembly, which was passed by a constitutional majority of yeas 28, nays 3.

Mr. Polhill, chairman pro tem. of the Committee on Corporations, snbmittAd the following report :
Mr. Speaker :
The Committee on Corporations have had under consideration the following bills, which they recommend do pass, by substitute, the proofs being correct, to-wit:
A bill to incorporate the Savannah Freight Tramway
Comp~ny.
Also, a bill to incorporate the Savannah Transportation Company, and for other purposes.
Respectfully submitted, .T. H. PoLHILL, Chairman pro tem.

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

EXECUTIVE DEP.A.RTMENT, ATLANTA, GA., September 19, 1881.
To the House of Representatives :
I herewith transmit to the House, in response to its resolution, "a full report of the agents sent to investi-

MoNDAY, SEPTEMBER 19, 1881.

979

gate the causes which produced the death of John Matthews, late a convict under the control of the Marietta and North Georgia Railroad Company, and also all other information on the subject that may be in my possession."
Upon the first information which was conveyed to me of the circumstances attending the death of this convict, I took measures for a thorough invf\stigation of all the facts. The gentlemen selected to make this investigation were Dr. 'flwmas Raines, physician of the penitentiary, and Frank L. Haralson, Esq., who entered without loss of time into an examination of this case. In pursuance of their instructions, the body of Matthews was disinterred, and the Coroner summoned a jury of inquest. The evidence taken before the jury of inquest, and the verdict rendered, are hereto attached.
The matter was carried before the grand jury of Cherokee county, and after investigation, an indictment was found against Charles D. Phillips, Jr., for the murder of said convict. The evidence taken before the grand jury is not accessible under the laws of our State to your body, or to the Executive. A certified copy of the indictment is attached.
I submit herewith, the report of Dr.. Raines and Mr. Haralson, which, with the other accompanying documents, contain all the information in my possession.
ALFRED H. CoLQUITT.
On motion of Mr. Post, the message from the Governor was taken up and read and 300 copies ordered printed, for the use of the House, of the message and accompanying documents.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, 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 incorporate the town of Millen.

980

JOURNAL OF THE HOUSE,

The following bill was read the third time, the report of the committee was agreed to, and the bill passed, by the requisite Constitutional majorityyeas 96, nays 13-to-wit:
A bill to amend an act relating to fences and stock, and for the protection of crops, so as to make the same apply to either part or portion of any county that is divided by any water course that is or shall be deemed and considered fences, and for other purposes.
The following bill was read the third time and the report of the committee agreed to, to-wit:
A bill to make all persons, corporations and companies selling fertilizers, manures and other articles usnally sold to farmers and other persons, to warrant the same to be merchantable and reasonably suited to the use or purposes intended, and to provide that no person can, by any contract, relieve or release said sellers from such warranty, and for other purposes.
Mr. Wheeler called for the previous question; the call was sustained and the main question ordered.
Mr. Lewis 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, to-wit:

Those voting in the affirmative are Messrs.-
Anderson of Cobb, Anderson of Newton, Arrington, Awtry, Bates, Beatty, Bennett, Bird, Brewer, Brinson, Burch, Carithers, Clark, Crawford, Crozier, Daniel, Day, Denton, Dial, Farnell, Feagin, Fordham, Fuller, Garrard, Goodrich, Harrell, Heath, Henry, Hightower of Early, Hutchins, Jackson of Carroll, James, Janes, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Keil, Kennedy, Kimsey, Lounon, Lester, Lewis, Little, Maddox, Mathews, Mays of Butts, McBride, McCants, McClure, Mcintosh, McKinney, Mitchell, ~Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Orr, Palmour,

MoNDAY, SEPTE!IBER 19, 1881.

981

Perkins, Polhill, Post, Price, Rainey, Robins, Roney, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith ofUnion, Spence, Stanford, Stapleton, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd, Walker of Crawford, wheeler, Williams, Willingham, Wilkinson, Wilson of Bulloch. Wilson of Camden, Wilson of Greene, Withrow, Wright, Zachry-92.

Those voting in the negative are Messrs.-
.Adderton, Bacon of Chatham, Barnes, Barrow, Basinger, Branch, Broyles, Bull, Cameron, Carter, Christie, Coffin, Crumbley, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Gray, Hale, Hammond,Hester,Hightower of Stewart,Hill,Hillyer,Hunt, Jackson of Richmond, Johnson of Johnson, Lamar, Martin of Houslon, Martin of Talbot, Mays of Richmond, McAllister, McClellan, McLeod, Miller, Nichols, Northen, Patterson, Peek, Render, Sapp, Spearman, Strother, Summerl.in, Twiggs, Walker of Berrien, Walker of .Jasper, Whittle, Youngblood, -50.
Those not voting are Messrs.-
Branson, Cook, Davis of Habersham, Davis of Lumpkin, Dykes, Estes, Flynt, Foster, Gaskins, Hagen, Hall, Harp, Heard, Jemison, Lamb, McLucas, Middlebrook, Park. Quillian, Rankin, Rawlins, Reese,Rice, Ritchie, Sellars, Story, Turner of Monroe, Turnipseed, Wingfield, Winslow, Zellars, Mr. Speaker-32.
So the requisite constitutional majority having voted in the affirmative, the bill passed.

The following bill was read the third time, to-wit: A bill to encourage the building of the Marietta and North Georgia Railroad by changing the character of the State's security for the payment of the loan of the net proceeds of the convict labor heretofore advanced and to be advanced to said railroad company.

982

JouRNAL oF THE HousE,

Mr. Lester called for the previous question, the call was sustained and the main question ordered.
The substitute was adopted and the report of the committee was adopted, and the bill passed, by substitutE', by the requisite constitutional majority-yeas 105, nays 10.
The House then adjourned till 3:30 o'clock p. m.

3:30 O'CLOCK P.M.
The House re-assembled, the Speaker in the chair. The roll was called and a quorum found to be present. Leave of absence was granted to Mr. AndArson of Cobb, on account of sickm~ss in his family, and to Mr. Martin of Houston, on account of a death in his family.
Mr Edwards offered the following resolution, which was read and referred to the Committee on Rules, towit:
A resolution restricting speeches to five minutes each, and limiting each member to one speech on each subject before the House.
Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report :
Mr. Speaker:
'l'he General Committee on the Judiciary have had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to regulate the procuring, drawing, impannelling and obtaining juries in the trial of misdemeanors in the County Courts of this State.
Also, a bill to provide for filing bills and petitions and service of process and subpcena, and to allow judgments to be rendered at the first term,and to allow appeals, etc., in the Superior Courts of this State.
Also, Senate bill to fix the fees of public weighers of

MoNDAY, SEPTEMBER 19, 1881.

983

cotton, and to punish the charging and taking of excessive fees.
Also, Senate bill to amend the County Court laws of this State, and to regulate the provision for compensation of the County Judge, and to alter and regulace the mode of procuring jurors in said court, and for other purposes.
Also, Senate bill to amend section 1282 of the Code of 1873, relating to managers of elections for members of the Legislature.
Also, Senate bill to amend the law as to mechanics' , liens on personalty, as now provided in section 1981
of the Code. Also, Senate bill to make the return term the trial
term upon all suits brought in the Superior Courts upon written obligations, where it is agreed upon in the face of the obligation or contract sued upon.
Also, Senate bill to amend paragraph 2, section 18, article 6, of the Constitution, by repealing tbe provisions therein, providing for the selection of jurors, and for other purposes.
The committee recommend that the following bills of the Senate do pass, to-wit:
A bill to provide for the appointment of a committee of Senators and Representatives to act as a Board of Visitors to the State University, and for other purposes.
Also, a bill to provide an additional mode of obtaining tales jurors for a felony, and to provide compen sation for such jurors.
The committee return the following bills of the House, with recommendation that the introducers be allowed to withdraw them, to wit:
A bill to provide for appeals in the Superior Courts. of this State.
Also, a bill to provide for appeals in Superior Courts. Respectfully submitted, .
W. M. HAMMOND, Chairman.

984

JouRNAL o.l!' THE HousE,

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

Mr. Speaker:
The Committee on Finance have had under consideration the following bills, which they recommend do pass, as amended, to-wit:
A bill to be er.titled an act to appropriate money to pay balance of salary of W. vV. Holt, formerly Judge of the Middle Circuit of Georgia, and for other purposes.
Also, a bill to be entitled an act for the relief of Robert T. Mills, of the county of Scriven, and for other purposes.
Also, the following, which they recommend do not pass, to-wit:
A bill to be entitled an act to appropriate sixty dollars for the relief of 0. H. Roberts, a maimed soldier.
Also, the following bills and resolution, which they recommend the introducers be allowed to withdraw, to wit:
A bill to be entitled an act to apply the net proceeds of the hire of convicts to the common school fund.
Also, a bill to be entitled an act to appropriate money to pay John W. Heidt balance of salary as Solicitor-General of the Eastern Circuit.
Also, a resolution authorizing the Commissioner of Agriculture to nse two thousand dollars to display products, etc., at the Cotton Exposition.
Respectfully submitted, N. L_ HuTCHINS, Chairman.

Mr. Polhill, chairman Special Committee on the Judiciary, submitted the following report:

Mr. Speaker : 'fhe Special Committee on the Judiciary have had

MoNDAY, SEPTEMBER 19, 1881.

985

under consideration the following resolution, which they recommend do pass, by substitute, to-wit:
A resolution in relation to complaints of obstruction of the Savannah river preventing the free passage of fish by the dam of the Augusta Canal Company.
The said committee have also had under consideration a bill, which they recommend do not pass, no proofs, to-wit:
A bill to regulate the manner of fishing in and upon the Savannah and Togalo rivers, in this State, and to provide a penalty for a violation thereof.
Respectfully submitted, J. H. PoLHILL, Chairman.

The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 95, nays none-towit:
A bill to incorporate the Covington and North Georgia Railroad Company, and to grant certain powers and privileges to the same.
By permission of the Hoose, Mr. Patterson withdrew House bill No. 991.
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 constitu~ tional majority-yeas 93, nays none-to- wit :
A bill to prevent the spread of glanders, or farcy, or other contagious diseases of animals known to be dangerous to human life, and to punish a violation of this act.
The following bill was read the third time, the report of the committee was agreed to, to-wit:
A bill to amend the act known as the general tax act for the years 1881 and 1882, approved December

986

JOURNAL OF THE HOUSE,

7, 1880, so as to increase the license for selling liquors to $100.
Mr. Wheeler called for the previous question; the call was sustained and the main question ordered.
Mr. Rice called for the yeas and nays ; the call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Barnas, Beatty, Bird, Brinson, Carter, Christie, Clark, Crozier, Edwards, Flynt, Fuller, Hightower of Stewart, Lamar, Lewis, Martin of Houston, Martin of Talbot, McAllister, Mcintosh, McLeod, Miller, Mitchell, Morrow, Northen, Orr, Peek, Polhill, Render, Sellars, Smith of Union, Spence, Spearman, Stapleton, Sumner, Sweat, Walker of Berrien, Williams, Wilkinson, Wilson of Camden, Wright-B9.

Those voting in the negative are Messrs.-
Adderton, Anderson of Newton, Arrington, Awtry, Bacon of Chatham, Barrow, Bates, Bennett, Branch, Brewer, Bull, Burch, C<tmeron, Carithers, Coffin, Crumbley; Daniel, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Farnell, Feagin, Fordham, Goodrich, Hale, Hammond, Harrell, Henry, Hester, Hill, Hunt, Hutchins, Jackson of Richmond, James, Janes, Johnson of Johnson, Jones of Baker, Jones of DeKalb,. Julian, Keil, Kennedy, Kimsey, Lonnon, Lester, Little, Mathews, Mays of Richmond, McBride, McCants, McClure, McClellan, McKinney, Milner, Moore of Pierce, Moore of Taliaferro, Nichols, Palmour, Patterson, Perkins, Post, Price, Rainey, Rankin, Reese, Rice, Ritchie, Robins, Sapp, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe, Stanford, Summerlin, Tharpe, Thompson, Turner of Floyd, Walker of Crawford, Walker of Jasper, Wheeler, Willingham, Wilson of

MoNDAY, SEP.rEMBER 19, 1881.

987

Bulloch, Wilson of Greene, Withrow, Youngblood, Zachry-92.
Those not voting are Messrs.-
Anderson of Cobb, Basinger, Branson, Broyles, Cook, Crawford, Davis of Habersham, Dykes, Estes, Foster, Garrard, Gaskins, Gray, Hagen, Hall, Harp, Heard, Heath, Hightower of Early, Hillyer, Jackson of Carroll, Jemison, Johnson of Lee, Lamb, Maddox, Mays of Butts, McLucas, Middlebrook, Moore of Hancock, Park, Quillian, Rawlins, Roney, Story, Strother, Turner of Monroe, Turnipseed, Twiggs, Whittle, Wingfield; Winslow, Zellars, Mr. Speaker43.
So the requisite constitutional majority not having voted in the affirmative, the bill was lost.
On motion of Mr. Flynt, of Monroe, the following bill was indefinitely postponed, to- wit :
A bill to establish and regulate branch colleges of the University.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, by substitute, by the requisite constitutional majority-yeas 98, nays none-to-wit:
A bill to authorize the crossing by bridge or track of the outlet of the Savannah and Ogeechee canal below the lower lock in the city of Savannah, so as to connect the property of the Central Cotton Press Company with the adjacent property of the Central Railroad and Banking Company.
The following bill was read the third time, the proofs of the publication of the notices reqnired by law were exhibited, the report of the committee was agreed to, and the bill passed, by substitute, by the requisite constitutional majority-yeas 94, nays none --to-wit:
A bill to amend an act to incorporate the town of

988

JOURNAL OF THE HoUSE,

Summerville, in the county of Chattooga, to appoint Commissioners for the same, and for other purposes, approved March 2, 1874.
The following bill was read the third time, the re-port of the committee was argeed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, by substitute, by the requisite constitutional majority-yeas 95, nays none-towit:
A bill to amend an act to provide for the payment ofcertain insolvent criminal costs in the Northern Judicial Circuit, and for other purposes, so as to provide that all moneys hereafter recommended by any grand jury of the county of Hancock, shall be paid from the county treasury for insolvent criminal costs and pro rata upon the accounts of all the officers of the Superior Court in the manner that fines and forfeitures are now distributed in that court.
The House went into the Committee of th~ Whole House.

Mr. Spence, chairman of the Committee of the Whole House, made the following report :
Mr. Speaker :
The Committee of the Whole House have had under conE.ideration-
.A. bill to provide compensation for the Sheriff of the Supreme Court of this State in pauper cases.
The report of the Committee of the Whole House was agreed to, and the bill read the third time.
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, to-wit:

Those voting in the affirmative are Messrs.-
.A.dderton, Arrington, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bird,

MONDAY, SEPTEMBER 19, 1881.

989

Branch, Brinson, Bull, Cameron, Carter, Carithers, Christie, Clark, Coffin, Cook, Crozier, Crumbley, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Feagin, Flynt, Fuller, Garrard, Goodrich, Heath, Hester, Hightower of Stewart, Hill, Hunt, Hutchins, Jackson of Richmond, James, Janes, Johnson of Lee, Jones of Baker, Kennedy, Lamar, Lonnon, Lester, Little, Martin of Houston, Martin of Talbot, Mathews, Mays of Butts, McBride, McKinney, Miller, Mitchell, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, Northen, Orr, Palmour, Peek, Polhill, Post, Price, Rainey, Reese, Render, Rice, Sapp, Sellars, Shockley, Singleton, Silman, Smith of Oglethorpe, Spence, Spearman, Stapleton, Strother, Summerlin, Sweat, Thompson, Turner of Floyd, Turner of Monroe, Walker of Jasper, Wheeler, Whittle, Williams, Wilkinson, Wright, Youngblood, Zachry-96.

Those voting in the negative are Messrs.-
Bennett,Daniel,Day, Denton,Farnell,Fordham,Hale, Henry, Jackson of Carroll, Johnson of Johnson, Julian, Keil, Lewis, McAllister, McCants, McClure, McClellan, Mcintosh, Rankin, Ritchie, Robins, Scruggs, Smith of Union, Stanford, Sumner, Tharpe, Walker of Berrien, Walker of Crawford, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Withrow-32.

Those not voting are Messrs.-
A.nderson of Cobb, Anderson of Newton, Branson, Brewer,Broyles,Burch,Crawford,Davis of Habersham, Davis of Lumpkin, Dykes, Estes, Foster, Gaskins, Gray, Hagen, Hall, Hammonu, Harp, Harrell, Heard, Hightower ot Early, Hillyer, Jemis:)n, Jones of DeKalb, Kimsey, Lamb, Maddox, Mays of Richmond, McLeod, McLucas, Middlebrook, Milner, Park, Patterson, Perkins, Quillian, Rawlins, Roney, Story,

990

JouRNAL oF THE HousE,

Turnipseed, Twiggs, Willingham, Wingfield, Winslow, Zellars, Mr. Speaker-46.

So the requisite constitutional majority having voted in the affirmative, the bill passed.
The following bill was read the third time and the report of the committee was agreeed to, to-wit:
A bill to authorize the trustees of the State University to accept as a branch of said University a College of Agriculture and the Meehanic Arts, to be established at Hamilton, Harris county.
On the question of the passage of the bill, Mr. Stanford called for the yeas and nays ; the call was sustained, and the yeas and nays were ordered.
Mr. Spence moved to indefinitely postpone the bill.
Mr. Wheeler called for the previous question; the call was sustained and the main question ordered.
The motion to indefinitely postpone did not prevail.
On calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Arrington, Awtry, Bacon of Chatham, Barnes, Bates, Bird, Branch, Brinson, Broyles, Cameron, Carter, Carithers, Clark, Coffin, Cook, Crumbley, Daniel, Denton, Dial, DuBignon, DuPree of Pike, Dyer, Edwards, Farnell, Feagin, .Flynt, Fordham, Fuller, Garrard, Goodrich, Hale, Hammond, Heath, Hester, Hutchins, Jackson of Carroll, James, Johnson of Johnson, Johnson of Lee, Jones of Baker, Julian, Keil, Lamar, Lonnon, Lester, Lewis, Little, Maddox, Martin of Talbot, Mathews, Mays of Butts, McAllister, McCants, McClure, McClellan, McKinney, McLeod, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Morrow, Nichols, Orr, Palmour, Peek, Polhill, Post, Rainey, Render, Rice, Ritchie, Robins, Sapp, Sellars, Scroggs, Silman, Smith of Union, Spearman, Stanford, Sumner, Sweat, Tharpe, 'rhomp-



MONDAY, SEPTEMBER 19, 1881.

991

son, Turner of Monroe, Walker of Jasper, Wheeler, Whittle, Williams, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Withrow, Wright, Youngblood, Zachry-98.

Those voting in the negative are Messrs.-
Anderson of Newton, Beatty, Bennett, Bull, Burch, Christie, Crozier, Gray, Henry, Hightower of Stewart, Hill, Jackson of Richmond, Kennedy, Martin of Houston, Mcintosh, Miller, N orthen, Price, Roney, Shockley, Singleton, Spence, Stapleton, Strother, Summerlin, Walker of Berrien, Walker of Crawford -27.

Those not voting are Messrs.-
Anderson of Cobb, Barrow, Basinger, Branson, Brewer, Crawford, Davis of Habersham, Davis of Lumpkin, Day, DuPree of Macon, Dykes, Estes, Foster, Gaskins, Hagen, Hall, Harp, Harrell, Heard, Hightower of Early, Hillyer, Hunt, Janes, Jemison, Jones of DeKalb, Kimsey, Lamb, Mays of Richmond, McBride, McLucas, Middlebrook, Moore of Talia ferro, Park, Patterson, Perkins, Quillian, Rankin, Rawlins, Reese, Smith of Oglethorpe, Story, 'furner of Floyd, Turnipseed, Twiggs, Willingham, Wing field, Winslow, Zellars, Mr. t::lpeaker-49.
So the requisite constitutional majority having voted in the affirmative, the bill passed.
On motion of Mr. Garrard, the bill was ordered at once transmitted to the Senate.
The Honse then adjourned until 8 o'clock this evening.

8 O'CLOCK P.M. The Honse re-assembled, the Speaker in the chair. On motion of Mr. Wheeler, the roll call was dispensed with.



992

JouRNAL OF THE HousE,

On motion of Mr. Hunt, Senate bill No. 108 was recommitted to the General Committee on the Judiciary.
Mr. Goodrich moved to suspend the rules for the purpose of taking up for a second reading bills unfavorably reported. The motion did not prevail.
Mr. Goodrich moved to suspend the rules for the purpose of taking up House bill No. 631, adversely reported by the committee, for the purpose of disagreeing to the report and reading the bill the second time. The motion did not prevail.
On motion of Mr. Garrard, 300 copies of the substitute, reported by the Committee on Railroads, for Senate bill No. 74 were ordered printed for the use of the House.
The Senate amendments to the following bills were concurred in, to-wit:
A bill to regulate the sale of liquors in the county of Gwinnett.
Also, a bill to incorporate the Covington and South River Railroad Company.

Mr. Reese, chairman pro tem. of the General Committee on the Judiciary, submitted the following re port:
Mr. Speaker:
The General Committee on the Judiciary have had under consideration the foliowing bill::;, which they recommend do pass, by substitute, to-wit:
A bill to repeal sections 1631 to 1635 of the Code, inclusive, relating to granting of license to peddlers, etc.
Also, a bill to regulate the record of marriage liceme.
The committee recommend that the following bills do not pass, to-wit :
A bill to define what matter shall be omitted from the Reports of the Supreme Court of Georgia.

MONDAY, SEP'l'EJ!IBER 19, 1881.

993

Also, a bill to det(>rmine the priority of deeds and to regulate their record, and for other purposes.
Also, a bill to amend an act approved October 13, 1879, to define the jurisdiction, powers and proceedings of every County Court, etc.
.Also, a bill to amend an act to incorporate the Contractor's .Association, approved October 24, 1870, and for other purposes.
.Also, a bill to change the time of holding the Spring Term of Echols Superior Cvurt.
.Also, Senate bill to change the time of holding the Superior Court of vVorth county.
The committee recommend that the introducer be allowed to withdraw the following bill, to wit:
.A bill to prevent abusive practices in summoning tales jurors for the trial of felonies.
The committee recommend that the following bill do pass, by substitute, to-wit:
.A bill to promote medical science in this State. Respecttully submitted,
M. P. LtEESE, Chairman protem.
:Mr. Garrard, chairmanpro tem. Committee on Railroads, submitted the following report:
Mr. Speah.er :
The Committee on Railroads have had under consideration the following Senate bill, which they recommend do pass, by substitute, to-wit:
.A bill to incurporate the railroad companies in this State, and to prescribe the powers, rights, duties and liabilities of the same.
Respectfully submitted, L. F. GAIUURD, Chairman pro tem.
Mr. Milner, chairman of the Committee on the Penitentiary, submitted the following report~
Mr. Speaker:
The Committee on the Penitentiary have had under 63

994

JouRN.A.L ol!'~THE HousE,

consideration the following bill, which they recom mend do pass, by substitute, to-wit:
Senate bill to provide for the better inspection, management and control of convicts of this State.
Respectfully submitted, THOl\I.A.S "\V. MILNER, Chairman.
Mr. N orthen, chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
The Committee on Education have considered the following Senate bill, which they recommend do not pass, to-wit:
A bill to be entitled an act to declare county officers ineligible to hold the office of County School Commissioner.
,y_ Respectfully submitted, J. N oRTHEN, Chairman.
Mr. Hammond, chairman protem. of the Committee on Rules, submitted the following report:
Mr. Speaker : The Committee on Rules have had under consid~:;ra
tion the following resolution, which they return to the House, with a recommendation that it be agreed to, to-wit:
A resolution that after the 19th instant, no member be permitted to speak longer than five minutes on any one subject; nor shall any member speak more than once on the subject before the House.
Respectfully submitted, W. M. H.A.Ml\IOND, Chairman protem.
On motion of Mr. Garrard, the resolution above recited was read and agreed to.
Mr. Jackson, chairman of the Committee on Public Library, submitted the following report:
Mr. Speaker : The Committee on Public Library have had under

MONDAY, SEPTE~IBER 19, 1881.

995

consideration the following bill, which they return herewith to the House, with the recommendation that it do pass, to-wit:
.A bill to regulate and fix the mode of appointment, and the official term of the State Librarian, and to repeal that portion of section 72, of the Code of 1873, which relates to the State Librarian being appointed and removed at the pleasure of the Governor.
Respectfully submitted, DAV~NPORT JACKSON, Chairman.

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 101, nays 9-to-wit:
.A bill to require parties performing the marriage ceremony to return their actings to the Ordinary, and to require the Ordinary to make record of all licenses.
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 89, nays 10-to-wit:
.A bill to amend section 1427 of the Code of Georgia, with reference to the taking up of estrays.
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 91, nays 19-to-wit:
.A bill to amend section 4368 of the Code of 1873.
By permission, Mr. Hutchins withdrew House bill No. 1010.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited and the report of the committee agreed to, and the bill passed, by subsititute, by the

996

JouRNAL OF THE HousE,

requisite constitutional majority-yeas 105, nays 1, tO Wit:
A bill to repeal an act to incorporate the Baptist convention of Georgia, etc., approved December 23, 1838, so far as said act relates to the government and regulation of the town of PenfiHld, by trustees, and to provide for the selection of five Commissioners, to be, ~hen elected, a body corpo:i'ate and politic, and to define their powers and duties, and the corporate limits of the town.
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 98 nays none-to wit:
A bill to prescribe the mode of making returns by insurance companies to the Comptroller-General of this State.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 98, nays 5-to-wit:
A bill to repeal an act to create a Board of Commissioners of Roads and RevP-nues in the county of Madison, approved August 27, 1872, and an act amendatory thereof, approved March 3, 1875.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 102, nays none-to-wit:
A bill to incorporate the Monticello and Trans-Ocmulgee Railroad Company, and confer certain privileges thereon.
The following bill was read the third time, the report of the committee was agreed to and the bill passed, the

MoNDAY, SEPTEMBER 19, 1881.

997

requisite constitutional majority having voted in the affirmative-yeas 107, nays nonA-to wit :
A bill to change the fiscal year and to provide when official reports shall be made, and for other purposes.
The following bill was read the third time, the report of the committea was agreed to and the bill passed by the requisite constitutional majority-yeas 102, nays none-to-wit:
A bill to require the chairman of the House Committee on Finance to keep a rt>gister of certain bills, and for other purposes.
The following bill was read the third time, and the report of the committee was agreed to, to-wit :
A bill to prohibit the distillation of any grain in the State of Georgia for twelve months, and to provide a punishment therefor.
On the question of the passage of the bill, Mr. Henry called for the yeas and nays ; the call was sustained and the yeas and nays were ordered.
Mr. Martin, of Houston, called for the previous question; the call was sustained and the main question ordered.
On calling the roll, the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.~
Adderton, Arrington, Barnes, Beatty, Bird, Broyles, Burch, Cameron, Christie, Clark, Coffin, Cook, ()rumbley, Day, Denton, Dial, DuBignon, DuPree of Pike, Dyer, Flynt, Fordham, Fuller, Garrard, Hagen, Hale, Hammond, Harrell, Hester, Hightower of Stewart, Hillyer, Hunt, Hutchins, Jackson of Carroll, Janes, Johnson of Lee, Julian, Kimsey, Lamb, Lester, Lewis, Little, Maddox, Martin of Houston, Martin of Talbot, Mays of Butts, McAllister, McCants, McClure, Mcintosh, McKinney, Miller, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, N orthen,

998

JOURNAL OF THE HOUSE,

Palmour, Park, Peek, Perkins, Polhill, Post, Price, Rainey, Re11.der, Ritchie, Robins. Roney, Sapp, Sellars, Smith of Union, Spearman, Stanford, Stapleton, Summerlin, Sumner, Sweat, Thompson, Turner of Monroe, Walker of Crawford, vValker of Jasper, Williams, Wilkinson, Wilson of Camden, Winslow, Withrow, vVright, Youngblood, Zachry-90.

Those voting in the negaUve are Messrs.-

Anderson of Newton, Barrow, Basinger, Bates, Bennett, Branch, Brew~r, Brinson, Carithers, Daniel, Farnell, Goodrich, Gray, Heath, Henry, Hightower of Early, Hill, Jackson of Richmond, James, Johnson of Johnson, Keil, Kennedy, Lonnon, Mathews, Mays of Richmond, McBride, Patterson, Reese, Rice, Scruggs, Shockley. Singleton, Silman, Smith of Oglethorpe, Spence, Strother, Tharpe, Turner of Floyd, Walker of Berrien, Wheeler, whittle, Wilson of Bulloch, Wilson of Gret=>ne-43.

Those not voting are Messrs.--

Anderson of Cobb, Awtry, Bacon of Chatham, Branson, Buil, Carter, Crawford, Crozier, Davis of Habersham, Davis of Lumpkin, DuPree of Macon, Dykes, Edwards, Estes, Feagin, FostPr, Gaskins, Hall, Harp, Heard, Jemison, Jones of Baker, Jones of DeKalb, Lamar, McClellan, McLeod, McLucas, Middlebrook, Mitchell, Nichols, Orr, Quillian, Rankin, Rawlins, Story, Turnipseed, Twiggs, Willingham, Wingfield, Zellars, Mr. Speaker-41.

So the requisite constitutional majority having voted in the affirmative, the bill passed, as amended.

The following bill was read the third time, the re-

port of the committee was agreed to, and the bill

passed by the requisite constitutional majority-yeas

103, nays none-to-wit:



A bill for the better protection of creditors in cases

of volunty assignments by insolvent debtors.

MoNDAY, SEPrEMBER 19, 1881.

999

The House went into Committee of the Whole Rouse.

Mr. Singleton, chairman of the Committee of the Whole Honse, made the following report:
Mr. Speaker :
The Committee of the Whole Honse have had under consideration-
A bill to appropriate three thousand dollars for the purchase of books for the State Library, and to prescribe the manner of extending the same.
Which they have instructed me to report back to the Honse, with the recommendation that it do pass, as amended.
The amendments reducing the sum appropriated to $1,500 were adopted, and the report of the Committee of the Whole House was agreed to, and the bill read the third time.

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, to- wit :

Those voting in the affirmative are Messrs.-
Adderton, Barilf'S, Barrow, Basinger, Bates, Bird, Branch, Brewer, Brinson, Burch, Clark, Coffin, Cook, Crumbly, Dial, DuBignon, DuPree of Pike, Dyer, Farnell, Flynt, Fuller, Garrard, Goodrich, Gray, Hammond, Harrell, Heath, Hester, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Richmond, James, Janes, Johnson of Lee, Julian, Kimsey, Lamb, Lonnon, Lester, Little, Maddox, Martin of Houston, Martin of Talbot, Mathews, Mays, of Richmond, McAllister, McClure, Mcintosh, McKinney, Milner, Moore of Hancock, Moore of Pierce, Nichols, N ort.hen, Park, Patterson, Perkins, Polhill, Post, Price, Rainey, Reese, Render, Ritchie, Roney, Sapp, Sellars, Shockley, Singleton, Silman, Smith of Ogle-

1000

JouRNAL OF THE HousE,

thorpe, Smith of Union, Spence, Spearman, Stanford, Strother, Summerlin, Sumner, Sweat, Thompson, Turner of Floyd, Turner of Monroe, \:Valker of Berrien, Whittle, \:Villiams, Wilson of Camden, \Vilson of Greene, vVinslow, Wright, Youngblood, Zachry-94.

Those voting in the negative are Messrs.-
Anderson of Newton, Arrington, Bennett, Broyles, Carithers, :christiP, DaniPl. Day, Denton, Edwards, Fordham, Hagen, Hale,.CHenry, Hightower of Early, Jackson"of Carroll ,Johnson of Johnson, Keil, Kennedy, Lewis,_Mays of Butts. McBride, McCants, l\foore of Taliaferro! Palmour, RicP, Robins, Scruggs, Tharpe, Walker of Ceawford, \Valker of Jasper, Wheeler, Wilson of Bulloch, \Vithrow-34.

Those not voting are 1\fessrs.-

Anderson of Cobb, Awtry,Bacon ofChatham,Beatty, Branson. Bull, Cameron, Carter, Crawford, Crozier, Davis of Habersham/Davis of Lumpkin, DuPree of Macon, Dykes, Estes, Feagin, Foster, Gaskins, Hall, Harp, Heard, Jemison, Jones of Baker, Jones of DeKalb, Lamar, McClellan, McLeod, McLucas, Middlebrook, Miller, :l\fitchell, Morrow, Orr, Peek, Quillian, Rankin, Rawlins, Stapleton, Story, Turnipseed, Twiggs, Willingham, .Wilkinson, Wingfield, Zellars, Mr. Speaker-46.
So the requisite~constitutional majority having voted in the affirmative,~the bill passed, as amended.

On motion-of 1\Ir. "'

Render. ~

the--session wa.s extended

until 11 o'clock.

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 none-to-wit:
A bill to regulate and fix the time of holding elections, by the General Assembly.

MONDAY, SEPTEMBER 19, 1881.

1001

The following bill was read the third time, tha report of the committee was agreed to, and the bill passed, as amendPd, by the requisite constituti0nal majorityyeas 97, nays none-to-wit:
A bill to amend section 4505 of the Code of 1873.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 96, nays noneto-wit:
A bill to incorporate the Georgia S~uthern and Florida Railroad Company.
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 majorityyeas 96, nays nooe-to-wit:
A bill to authorize proceedings in equity in certain cases of insolvency, and for other purposes.
On motion of Mr. Lester, the rules were suspended for the purpose of reading House bills, favorably reported, the second time, and Senate bills the first time, and Senate bills favorably reported the second time.
The following House bills were read the second time, to-wit:
A bill to incorporate the Savannah Freight Tramway Company.
Also, a bill to incorporate the Savannah Transportation Company, to operate a railroad from the Cen tral railroad depot to the Central railroad wharves, and thence to the wharves of the S. F. & W railway.
Also, a bill to repeal sections 1631, 1632, 1633, 1634 and 1635 of the Code of 1873, relating to granting license to peddle.
Also, a bill to appropriate $512.82 for the pay-

1002

JoURNAL OF THE HOUSE,

ment of balance of salary of vV. W. Holt, .formerly
Judge of the Middle Circuit of Georgia. Also, a bill for the relief of Robert T. Mills, of the
county of Scriven. Also, a bill to promote medical science in this
State.

The following Senate bills were read the second time, to-wit:
A bill to provide for the better inspection, management and control of the convicts of this State.
Also, a bill to incorporate railroad companies in this State and to prescribe the powers, rights, duties and liabilities of the same.
Also, a bill to provide for the appointment of a committee of S{>nators and Representatives to act as a board of visitors to the State University, and for other purposes.
Also, a bill to provide an additional mode of obtaining tales jurors in trials for a felony, and provide compensation for the same.
Also, a bill to regulate and fix the mode of appointment and official term of the State Librarian, and to repeal that portion of section 72 of the Code of 1873 which relates to the State Librarian being appointed and removed at the pleasure of the Governor.

On motion of Mr. Wheeler, Senate bill No. 129 was re-committed to the General Committee on the Judiciary.

The House then adjourned till 9 a. m. to-morrow.

ATLANTA, GEORGIA,
Tuesday, September 20, 1881.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. Mr. Clark, of the House.

TUESDAY, SEPTEMBER 20, 1881.

1003

The roll was called and the following members were absent :

Those absent were Messrs.-
.Anderson of Cobb, Estes, Gaskins, Hall, . Harp, Heard, Jones of DeKalb, Martin of Houston, McLucas, Quillian, Story, Turnipseed, Zellars-13.

Those present were Messrs.-
.Adderton, .Anderson of Newton, .Arrington, A wtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Branson, Brewer, Brinson, Broyles, Bull, Burch, Cameron, Carter,Carithers, Christie, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Edwards, Farnell, Feagin, Flynt, Fordham, Foster, Fuller, Garrard, Goodrich, Gray, Hagen, Hale, Hammond, Harrell, Heath, Henry, Hester, l::{ightower of Early, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Johnson of Lee, Jones of Baker, Julian, Keil, Kt>nnedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Mar tin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McAllister, McBride, McCants, McClure, McClellan, Mcintosh, McKinney, McLeod, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, Northen, Orr, Palmour, Park, Patterson, Peek, Perkins, Polhill, Post, Price, Rainey, Rankin, Rawlins, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, SpParman, Stanford, Stapleton, Strother, Summerlin, Sumner, Sweat, Tharpe, Thompson, TurnerofFloyd, TurnerofMonroe, Twiggs, Walker of Berrien, vValker of Craw-

1004

JOURNAL OF THE RoUSE,

ford, Walker of JaspPr, Wheeler, WhittlP, Williams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, .Wingfield, Winslow, Withrow, Wright, Youngblood, Zachry, Mr. Speaker -161.
Mr. Harrell, chair111an of the Committee on Jour nals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved.
ThA following message was received from his Excellency the Governor, through Mr. Warren, his Secretary, to-wit:
Mr. Speaker: I am directed by his Excellency the Governor, to
deliver to the House of Representatives, a communication in writing :
ExECUTIVE DEPARTMENT, ATLANTA, GA., Sept. 20, 1881.
To the General Assembly: An inscrutable, but All wise Providence has re-
moved from this life the honored chief magistrate of the republic. While receiving the blow with bowed heads, and with humble submission to the will of Him who inflicts it, it is becoming that people of Georgia, in their organized capacity, should signify their participation in the grief that to-day oppresses millions of this land.
I beg to express my willingness to co-operate with the General Assembly in any observance they may deem appropriate to the melancholy occasion.
ALFRED H. CoLQUITT.
On motion of Mr. Twiggs, the message from the Governor was taken up and read.
The following message was receive,l from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker : The Senate has agreed to the following resolution,

TUESDAY, SEPTEMBER 20, 1881.

1005

in which they ask the concurrence of the House of RepresentativeE~, to wit :
A resolution convening the General Assembly at ten o'clock a. m. to express the grief of the people of Georgia on the death of the President of the United States.

The resolution just received from the Senate was taken up, read and concurred in, to-wit: A resolution-
Resolved, By the Senate and House of Representatives, that, in view of the announcement by his Excel Ieney the Governor of the death of the President of the United States, the S~nate and House of Representatives will convene in General Assembly, at 10 o'clock a. m., to express the grief of the people of Georgia for this national calamity; that the Governor, Senators and Representatives in Congress, Justices of the Supreme Court, Judges of the United States Courts and of the Courts of this State, and the Mayor and authorities of the city of Atlanta and citizens generally, be invited to join in this expression of grief and sympathy.
That, upon the conclusion of the exercises, and when the joint session is dissolved, the Senate and House of Representatives will stand adjourned until to-morrow morning at 9 o'clock.
The hour of 10 o'clock having arrived, the General Assembly convened in the hall of the House of Representatives; present, his Excellency Alfred H. Colquitt, Governor; Hon. James Jackson, Chief Justice; Hon. M. J. Crawford and Hon. A.M. Speer, Associate Justices of the Supreme Court of the State ; Hon. R. A. Hill, Judge of the United States District Court; the heads of the Departments of the State Government; Hon. James S. Boynton, President of the Senate, and Ron. Augustus 0. Bacon, Speaker of the House of Representatives.

1006

JouRNAL oF THE HousE,

The General Assembly was called to order by the President of the Senate.
Mr. McDaniel, Senator from the 27th District, offered the following resolution, which was read and unanimously concurred in, to-wit:
A resolution that a committee be appointed, consisting of the Governor as chairman, Senator Joseph E. Brown, Chief Justice James Jackson, and of seven from the Senate and fifteen from the House of Representatives, to be appointed by the President of the Senate, to report suitable resolutions on this occasion at 12 o'clock m.

The President of the Senate then announced the following committee, to-wit:
Hon. Alfred H. Colquitt, Governor, chairman. Hon. Joseph E. Brown, United States Senator. Ron. James Jackson, Chief Justice Supreme Court. Ron. H. D. McDaniel, Senator from the 27th District. Hon. A. T. Hackett, Senator from the 44th District. Ron. J. H. Baker, Senator from the 22d District. Hon. P. \V. Meldrim, Senator from the 1st District. Hon. S M. H. Byrd, Senator from the 38th District. Hon. J. T. Brown, Senator from the 17th District. Hon. ~- G. Jordan, Senator from the 20th District. Ron. H. D. D. Twiggs, Representative from Richmond county. Ron. Pope Barrow, Representative from Clarke county. Hun. T. W. Milner, Representative from Bartow county. Ron. W. M. Hammond, Representative from Thomas county. Ron. C. G. Janes, Representative from Polk county. Hon. J. W. Maddox, Representative from Chattooga county.

TUESDAY, SEPTEMBER 20, 1881.

1007

Ron. F. P. Rice, ReprAsentative from Fulton county.
Ron. W. S. Basinger, Representative from Chatham county.
Ron. J. L. Adderton, Representative from Sumter county.
Ron. A. H. Gray, Representative from Catoosa county.
Hon. W. R. Rankin, Representative from Gordon county.
Ron. Seaborn Wright, Representative from Floyd county.
Ron. F. G. DuBigngn, Representative from Baldwin county.
Ron. H. C: Roney, Representative from McDuffie county.
Ron. J. M. DuPree, Representative from Macon county.
The hour of 12 o'clock m. having arrived, the committee, through their chairman, Governor A. H. Colquitt, submitted the following preamble and resolu tions, to wit :
WHEREAS, The protracted and painful solicitude of the people of Georgia, felt universally and without exception, for the suffering and critical condition of our late President, has, at last been ended by his death, the representatives of that people deem it meet and proper that their horror over this sad event, and their deepfelt sympathy should have expression through us, and in as solemn form as the joint action of this General Assembly can make. we, therefore, for ourselves and in behalf of the people of Georgia again express our horror and indignation at the awful sin of the President's assassination, and feel that while the memory of this historic crime survives, the people of the United States will never cease to recall it with abhorrence. We feel that no more appropriate time than this will ever present itself to the people of

1008

JOURNAL OF THE HOUSE,

this union for self-examination-for wise forecast, and

provident safe-guards.



The peace and horror of this great government de-

mand that its best and surest defenses should be

found in the care and guardianship of the people for

whom it was created and for whom it exists. We can

but feel assured that when it is assailed or even dis-

regarded by those whose inheritance it is, whose

pride and glory it should be, that its days are num-

bered and that those who value peace and safety more

highly than forms of government will be ready to surrender thA most reverend of our traditions rather than the more vital aims aP-d objects of human exist. ence and society. Over the open grave of our lamented president-cut off by a murderous hand in the prime of life and usefulness-we should not spare a just and searching self-examination or the offer of earnest heartfelt co-operation with all the good among our fellow citizens in every quarter of our broad land in restoring our beloved country to its highest purity, dignity and tranquillity.
The General Assembly of Georgia joining with th3

Executive and Judicial Departments of the State in profoundest sorrow at the decease of James A. Garfield, late our President, do resolve:

1. That we deplore his untimely death as a national calamity, and feel most profoundly the disgrace which his assassination fixes upon the good name of the people of these States, who should, to the last man, have felt that the President's safety and life was a sacred charge upon every citizen.

2. That the people of Georgia hereby extend to the bereaved household-the heroic wife-the orphaned

children-the stricken mother of our late President, our deepest sympathy and most earnest condolence.
3. That we request the Governor to have the capitol draped in mourning.

4. That we request his Excellency to transmit the

\VEDNESDAY, SEPTEMBER 21, 1881. 1009
action 9f the General Assembly to the President of the United States, to the members of the cabinet, to the Governors of the several States of the Union, and to thefamily of the late President.
The resolutions were unanimously adopted by a rising vote of the General Assembly.
On motion of Mr. MeWhorter, of the Senate, the joint session of the General Assembly was dissolved.
On motion of Mr. Mcintosh, the use of the hall of the House of Representatives was granted to the colored citizens of Atlanta, for this evening at 8 o'clock, to give expression to their feelings on the death of the President.
The House then adjourned till 9 a. m. to-morrow.
ATLANTA, GEORGIA, Wednesday, September 21, 18~1. The House met pursuant to adjounment, was called to order by the Speaker and opened with prayer by the Chaplain. On motion of Mr. Mays, of Butts, the roll call was dispensed with. Mr. James, chairman Committee on Journals, reported the Journal of yesterday examined and approved. The Journal was then read and approved. Mr. Rice moved to suspend rules 21 and 22 of the Rules of the House for the purpose of making a mo- tion to reconsider a portion of the Journal of Monday the 19th inst. The motion did not prevail. Mr. Rankin, chairman of the Committee on Railroad~, submitted the followiug report : Mr. Speaker : The Committee on Railroads have had under consid64

1010

JouRNAL oF THE HousE,

eration the following bills, which they have instructed me to report back to the House with the recommendation that the introducers have leave to withdraw, towit:
.A bill to be entitled an act to amend an act entitled ari act to enable the purchasers of railroads to form corporations and to exercise corporate powers and to define their rights, powers and privileges, approved February 29, 1876, so as to permit railroads, which have complied with the provisions of said act, to change their names and to build branches to any point or points in the State of Georgia, from their lines of road, or projected lines of roads.
Also, a bill to be entitled an act to empower the Railroad Commissioners to make joint rates, to publish rates, classifications, etc., to fix salary of the Secretary to the Railroad Commission.
Also, a bill to be entitled an act to incorporate the Belt Railroad Company.
Also, the following Senate bill, which I am instructed to report back to the House, with the recommendation that it do not pass, to wit :
.A bill to be entitled an act to amend an act to provide for the regulation of freight and passenger tariffs of the railroads of this State.
. Respectfully submitted, W. R. RANKIN, Chairman.

The following mest:age was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following bills of the House, to-wit:
.A bill to appropriate money to pay bond number two hundred and twenty five of the State of Georgia, which was passed by a constitutional majority of yeas 32, nays none.

WEDNESDAY, SEPTEMBER 21, 1881.

1011

Also, a bill to refund double taxes illegally collected from the Continental Insurance Company of New York, which was passed by a constitutional majority of yeas 27, nays none.
Also, a bill to refund taxes illegally collected from the Westchester Fire Insurance Company, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill to refund taxes illegally collected from the Pennsylvania Fire Insurance Company, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to refund taxes illegally collected from the Williamsburg City Fire Insurance Company, which was passed by a constitutional majority of yeas 31, nays none.
Also, a bill to refund taxes illegally collected from the Phamix Insurance Company, which was passed by a constitutional majority of yeas 32, nays none.
Also, a bill to refund taxes illegally collected from the German-American Insurance Company, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to refund taxes illegally collected from the Lorillard Fire Insurance Company, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill to refund taxes illegally collected from the Manhattan Fire Insurance Company, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to refund taxes illegally collected from the Niagara Fire Insurance Company, which was passed by a constitutional majority of yeas 31, nays none.
Also, a bill to refund taxes illegally collected from the Insurance Company of North America, which was

1012

J OURN'AL OF THE HOUSE,

passed by a constitutional majority of yeas 28, nays none.
.Also, a bill to refund taxes illegally collected from the Girard Fire Insurance Company, which was passed by a constitutional majority of yeas 30, nays none.
.Also, a bill to refund taxes illegally collected from the Franklin Insurance Company, which was passed by a constitutional majority of yeas 31, nays none.
.Also, a bill to refund taxes illegally collected from the .American Fire Insurance Company, which was passed by a constitutional majority of yeas 29, nays none.
.Also, a bill to refund taxes illegally collected from the Fire .Association of Philadelphia, which was passed by a constitutional majority of yeas 30, nays none.
.Also, a bill to refund taxes ilhgally collected from the .Atlantic Fire Insurance Company, which was passed by a constitutional majority of yeas 30, nays none.
.Also, a bill to compensate the County Board of Roads and Revenues in the county ofTaliaferro, which was passed by a constitutional majority of yeas 27, nays none.
.Also, a bill to fix the time of holding the Superior Court for the county of Mitchell, which was passed by a constitutional majority of yeas 26, nays none.
.Also, a bill to incorporate the Logansville Railroad Company, extending from the town of Lawrenceville, in Gwinnett, to Logansville, in the county of Walton, in said State, and for other purposes therewith connected, which was passed by a constitutional majority of yeas 26, nays none.
The Senate has passed the following House bills, with amendments, in which they ask the concurrence of the House, to-wit:
A bill to incorporate the Atlanta Home Insurance

WEDNESDAY, SEPTEMBER 21,1881.

1013

Company, which was passed by a constitutional majority-yeas 27, nays none.
Also, a bill to amend the charter of the Bainbridge, Cuthbert and Columbus Railroad Company, which was passed by a constitutional majority of yeas 26, nays none.
Also, a bill to incorporate the Chattahoochee Canal Company, which was passed by a constitutional majority-yeas 30, nays none.
The following bills of the Senate have been passed, to-wit:
.A bill to provide for the more efficient granting of diplomas by medical colleges, which was passed by a constitutional majority-yeas 27, nays none.
Also, a bill to amend section 444 of the Code of 1873, in relation to inclosures by ditches, etc., which was passed by a constitutional majority-yeas 30, nays none.
Mr. Hutchins, chairman of the Committee on Finance, submitted the following report:
Mr. Speaker:
The Committee on Finance have bad under consideration the following House bills, which they recommend do pass, by substitute, to-wit:
A bill to be entitled an act to provide for certain appropriations that were omitted from the last general appropriation act, and for other purposes.
Also, the following House bills and resolution, which they recommend the introducers be allowed to withdraw, to-wit :
A bill to be entitled an act for the relief of James Camak, etc.
Also, a bill to be entitled an act to provide for the repair of the r.apitol building, and to appropriate mon~y therefor.
Also, a bill to be entitled an act for the relief of J. L. Logan, witness, etc.

1014

JoURNAL OF THE HOUSE,

Also, a resolution to appropriate money to pay expenses of committee visiting convict camps, etc.
The committee have also had under consideration the following Senate bHls, which they recommend do not pass, to-wit:
.A bill to be entitled an act to increase, enlarge and improve the educational facilities and appliances of the University of Georgia.
.Also, a bill to be entitled an act to regulate the sale of pistols in this State, and to provide a punishment for the same, and for other purposes.
Respectfully submitted, N. L. HuTCHINS, Chairman.

Mr. Polhill, chairman pro tem. of the Committee on Corporations, submitted the following report :
Mr. Speaker: The Committee on Corporations have had under
consideration a bill that they recommend the introducer have leave to withdraw, to-wit:
.A bill to incorporate the Grand Council Knights of Temperance of the State of Georgia, and for other purposes.
Respectfully submitted, .T. .H. PoLHILL, Chairman pro tem,.

The following message was received from his Excellency the Governor, through Mr. .Avery, his Secretary, to-wit: Mr. Speaker :
I am directed by his Excellency the Governor, to announce the approval and signature of the following acts:
An act to prohibit any publisher or agent of school books from acting as a member of a Board of Education in this State.
.Also, an act to confer the authority to grant retail license on the Ordinary of Lee county.

WEDNESDAY, SEPTEMBER 21,1881.

1015

Also, an act to incorporate the town of Weston, in Webster county.
Also, an act to amend an act to incorporate the Citizens' Bank of Augusta.
Also, an act to prohibit the sale of liquor within one and one-half miles of Unionville church, in Monroe county.
Also, an act to repeal an act as to Haralson county, to prevent the passage of fish in the rivers and creeks of the State.
Also, an act to incorporate the Tennille and Wrightsville Railroad Company.
Also, an act to regulate the sale of liquor in the county of Polk.
Also, an act to create a Board of Commissioners for Worth county.
Also, an act to create a County Court for the county of Walton.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following bill of the House, with certain amendments, in which the concurrence of the House is asked, to-wit:
A bill to incorporate the Rome Southern Railroad Company, which was passed by a constitutional majority of yeas 28, nays 1.
And I am directed to transmit the same fortwith to the House of Representatives.

Mr. Milner, chairman of the Committee on the Penitentiary, submitted the following report:
Mr. Speaker:
The Committee on the Penitentiary have had under consideration a resolution, offered by Mr. Mays, of Butts, and passed August 17, 1881, with the report in response thereto by the Principal Keeper of the Peni-

1016

JouRNAL OF THE RousE,

tentiary of this State, relating to a convict, to wit, James Denson, received by the Marietta and North Georgia Railroad Company from the county of Butts, on the 22d day of March, 1878, and sentenced for the term of four years, and make the following report, by resolution, which they recommend do pass, to-wit:
Resolved, That his Excflllency the Governor of this State be and he is hereby requestad to investigate the circumstances under which a c.:mvict named James Denson, from Butts county, sentenced for a term of four years, escaped from imprisonment from the Marietta and North Georgia Railroad Company, and that the resolution and report of the Principal Keeper of the Penitentiary, in response thereto, be referred to his Excellency.
Respectfully submitted, Trros. \V. MILNER, Chairman.
Mr. Davis, of Habersham, moved to suspend the rules for the purpose of introducing a local bill. The motion did not prevail.
Mr. Sweat offered thfl following resolution, which was read and agreed to, to-wit:
A resolution that the action of the House npon all bills, resolutions, amendments and other matters, during the remamder of this session, be immediately transmitted to the Senate.
On motion of Mr. rwiggs, House bill No. 897 was taken from the table and placed in its order on the calendar.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was agreed to, and the bill passed, by substitute, by the requisite constitutional majority-yeas 102, nays none --to-wit:
A bill to incorporate the Savannah Freight Tramway Company.

WEDNESDAY, SEPTEMBER 21,1881.

1017

On motion of Mr. Stanford, House bill No. 377 was taken from the table and placed in its order on the calendar.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, by substitute, by the requisite constitutional majority-yeas 103, nays 22-to-wit:
A bill to incorporate the Savannah Transportation Company, and to authorize the said company to build and operate a railroad extending from the Central Railroad depot, in the city of Savannah, through West Broad and Bay streets, to the Central Railroad wharves, thence to the wharves of the Savannah, Florida and Western Railway, connecting with the wharves and cotton presses between these points and with the depot of the Savannah, Florida and Western Railway.
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 100, nays 4-to-wit:
A bill to repeal sections 1631, 1632, 1633, 1634 and 1635 of the Code of 1873, relating to the granting of license to peddlers or itinerant traders in any article not manufactured in this State.

The House went into the Committee of the Whole House.
Mr. Peek, chairman of the Committee of the Whole House, made the following report:
Mr. Speaker:
The Committee of the Whole House have had under con&ideration-
A bill to appropriate money to pay VanDyke, Cook & VanDyke and N.J. Hammond, attorneys and solicitors, for certain services rendered the State in the ca~;~es and courts herein specified.

1018

JOURNAL OF THE HOUSE,

Which they have instructed me to report back, with the recommendation that it do pass, as amended.
The report of the committee was agreed to, and the bill read the third time ; on the question of the pas sage of the bill, the yeas and nays were required to be recorded, and on calling the roll the vote was as follows, to-wit:
Those votin~ in the affirmative are Messrs.-
Anderson of Cobb, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bird, Brinson, Bull, Burch, Cameron, Carter, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Davis of Habersham, Davis of Lumpkin, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dykes, Farnell, Flynt, Fuller, Garrard, Goodrich, Gray, Hale, Hammond, Harrell, Heard, Heath, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Richmond, James, Janes, Jemison, Johnson of Johnson, Julian, Kimsey, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Talbot, Mathews, Mays of Richmond, McAllister, McClure, McKinney, Miller, Mitchell, Milner, Moore of Pierce, Morrow, Nichols, Northen, Orr, Park, Patterson, Peek, Perkins, Polhill, Post, Rainey, Reese, Render, Rice, Ritchie, Sapp, Scruggs, Shockley, Singleton, Silman, Spence, Stanford, Summerlin, Sweat, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Twiggs, Whittle, Williams, Wilson of Bulloch, Wilson of Camden, Wingfield, Winslow, Wright, Youngblood, Zachry, Zellars-107.

Those voting in the negative are Messrs.-
Awtry, Bennett, Branch, Broyles, Carithers, Christie, Dyer, Edwards, Feagin, Fordham, Henry, Jackson of Carroll, Johnson of Lee, Keil, Kennedy, McCants, McClellan, Mcintosh, Moore of Hancock, Moore of Taliaferro, Palmour, Price, Quillian, Rawlins, Robins, Sellars, Smith of Oglethorpe, Spearman, Staple-

WEDNESDAY, SEPTEMBER 21, 1881.

1019

ton, Strother, Sumner, Turnipseed, Walker of Berrien, Walker of Crawford, Wheeler, Wilkinson, Wilson of Greene, Withrow-38.

Those not voting are Messrs.-
Adderton, Anderson of Newton, Arrington, Branson, Brewer, Daniel, Day, Estes, l!,oster, Gaskins, Hagen, Hall, Harp, Jones of Baker, Jones of DeKalb, Lamar, Martin of Houston, Mays of Butts, McBride, McLeod, McLucas, Middlebrook, Rankin, Roney, Smith of Union, Story, Walker of .Jasper, Willingham, Mr. Speaker-29.
So the requisite constitutional majority having voted in the affirmative, the bill passed, as amended.

The following bill was read the third time and the report of the committee was agreeed to, to-wit:
A bill to amend section 3845 of the Revised Code of 1873, by striking out the words "two dollars," in the third line of said section, and inserting "one dollar."
Mr. Burch called for the previous question ; the call was sustained, and the main question ordered.
On the question of the passage of the bill, Mr. Spence 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.-
Adderton, Anderson of Cobb, Barrow, Basinger, Beatty, Bennett, Bird, Bull, Cameron, Carter, Carithers, Clark, Coffin, Cook, Crawford, Crumbley, Davis of Habersham,. Davis of Lumpkin, Denton, DuBignon, DuPree of Pike, Feagin, Flynt, Fuller, Garrard, Goodrich, Gray, Hale, Hammond, Henry, Hester, Hightower ot Early, Hightower of Stewart, Hill, Hutchins, James, Janes, Johnson of Johnson, Jones of Baker, Julian, Kimsey, Lamb, Lamar, Lounon, Lester, Lewis, Little, Martin of Talbot, McBride, McKinney, McLeod, Miller, Mitchell, Morrow, Nich-

1020

JouRNAL oF THE HousE,

ols, Northen, Peek, Perkins, Polhill, Price, Quillian, Rainey, Rankin, RPese, Render, Rice, Ritchie,Sapp, Silman, Smith of Oglethorpe, Spence, Stapleton, Sumner, Sweat, Thompson, Turner of Floyd, \\Talker of Berrien, Wheeler, Whittle, Williams, Willingham, Wilson of Camden, Withrow, Zachry-84.
Those voting in the negative are Messrs.-
Awtry, Bat~, Branch, Brewer, Burch, Christie, Crozier, Dial,DuPree of Macon, Dyer, Dykes,Farnell,Fordham, Harrell, Heard, Heath, Hillyer, Hunt, Jackson ofCarroll, Jackson of Richmond, Jemism, Johnson of Lee, K~il, Kennedy, Maddox, Mays of Butts, McAllister, McCants, McClure, McClellan, Mcintosh, Middlebrook, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Orr, Palmour, Post, Rawlins, Robins, Sellars, Scruggs, Shockley, Singleton, Spearman, Stanford, Strother, Summerlin, Turner of Monroe, Turnipseed, Twiggs, Walker of Crawford, Walker of Jasper, "\Vilkinson, Wilson of Bulloch, Wilson of Greene, "Wingfield, Winslow, Wright, Youngblood, Zellars-62.

Those not voting are Messrs.-
Anderson of Newton, Arrington, Bacon of Chat- ham, Barnes, Branson, Brinson, Broyles, Daniel,Day, Edwards, Estes, Foster, Gaskins, Hagen, Hall, Harp, Jones of DeKalb, Martin of Houston, Mathews, Mays of Richmond, McLucas, Park, Patterson, Roney, Smith of Union, Story, Tharpe, Mr. Speaker-28.
So the requisite constitutional majority not having voted in the affirmative, the bill was lost.
The following bill was read the third time, the report of the committee was amendPd and agreed to, and the bill passed, as amt:>nded, by the requisite constitutional majority-yeas 88, nays 18-to-wit:
A bill to amend the road laws of this State, so as to authorize and require county officials having control

WEDNESDAY, SEPTEMBER 21, 1881.

1021

of the public roads, in several counties of this State, to grant an order authorizing any citizen to place a gate across said public roads (upon a proper case made) and for other purposes.
The following bill was read the third time, the report of the committee was amended and agreed to, to-wit:
A bill to extE-nd the provisions of sections 1449, 1450, 1451, 1452, 1453 and 1454 of Revised Code of Georgia, which relates to the fp.nce and stock laws..of this State, and to make the provisions of the same applicable to militia districts, and to provide for the erection of fences around county and militia district lines, and to amend section 3455 of the Revised Code of Georgia.
Mr. Hightower, of Stewart, called for the previous question, the call was sustained and the main question ordered.
Mr. Harrell called for the yeas and nays ; the call was sustained, and ou calling the roll the vote was as follows, to-wit :

Those voting in the affirmative are Messrs.Adderton, Anderson of Cobb, Bacon of Chatham, Barnes, Barrow, Bates, Beatty, Bennett, Bird, Brewer, Bull, Cameron, Carter, Carithers, Christie, Coffin, Cook, Crawford, Crozier, Crumbley, Davis of Habersham, Davis of Lumpkin, Dial, DuPree of Pike, Dyer, Feagin, Flynt, Fordham, Foster, Hammond, Heath, Hester, Hightower of Stewart, Hill, Hillyer, Hunt, Jackson of Richmond, James, Janes, Jemison, Keil, Kimsey, Lamar, Lonnon, Lester, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McBride, McCants, McClure, McKinney, Miller, Mitchell, Moore of Hancock, Moore of Taliaferro, Morrow, Nichols, N orthen, Orr, Park, Patterson, Peek, Perkins, Polhill, Post, Price, Rainey, Render, Rice, Ritchie, Robins, Roney, Sapp, Scruggs, Singleton, Silman, Smith of Oglethorpe, Spence, Spearman, Stapleton,

1022

JouRNAL oF THE HousE,

Strother, Summerlin, Turner of Floyd, Turner of Monroe, Twiggs, Walker of Berrien, Walker of Jasper, Willingham, Wilkinson, Wilson of Greene, Wingfield, Winslow, Wright, Youngblood, Zachry, Zellars-98.
Those voting in the negative are Messrs.-
Arrington, Awtry, Branch, Brinson, Burch, Clark, Daniel, Day, Denton, DuBignon, Dykes, Edwards, Farnell, Fuller, Goodrich, Gray, Hale, Harrell, Heard, Henry,l:Iightower of Early,Hutchins,Johnsonof Johnson, Johnson of Lee, Julian, Kennedy, Lamb, Lewis, Little, McAllister, McClellan, Mcintosh, McLeod, Middlebrook, Milner, Moore of Pierce, Palmour, Quillian, Rankin, Rawlins, Sellars, Stanford, Sumner, Thompson, Turnipseed, Walker of Crawford, Wheeler, Whittle, Williams, Wilson of Bulloch, Wilson of Camden-51.
Those not voting are Messrs.--
Anderson of Newton, Basinger, Branson, Broyles, DuPree of Macon, Estes, Garrard, Gaskins, Hagen, Hall, Harp, Jackson of Carroll, Jones of Baker, Jones of DeKalb, Maddox, Martin of Houston, McLucas, Reese, Shockley, Smith of Union, Story, Sweat, Tharpe, Withrow, Mr. Speaker-25.
So the requisite constitutional majority having voted in the affirmative, the bill passf'd, by substitute.
Mr. DuBignon gave notice of a motion to reconsider. Mr. Price moved to immediately transmit the bill to the Senate, which motion prevailed.
The House went into the Committee of the 'Vhole House.
Mr. Strother, chairman of the Committee of the Whole House, made the following report :
Mr. Speaker:
The Committee of the whole House have had under consideration-

WEDNESDAY, SEPTEMBER 21, 1881.

1023

A bill to rrovide for certain appropriations that were omitted from the last general appropriation act, and for other purposes.
""Which they have instructed me to report back to the House, with the recommendation that it do pass, by substitute, as amended.
The report of the committee was amended and agreed to, and the bill read the third time ; 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, to-wit:
Those voting in the affirmative are Messrs.-
Awtry, Barnes, Barrow, Bates, Beatty, Bennett, Bird, Brewer, Bull, Burch, Cameron, Carter, Carithers, Christie, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Dykes, Farnell, Flynt, Fordham, Foster, Fuller, Garrard, Goodrich, Gray, Hagen,. Hale, Hammond, Harrell, Heard, Heath, Henry, Hester, Hightower of Early, HightowPr of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Richmond, James, Janes, Jemison, Johnson of Lee, Julian, Keil, Kenne dy, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McCants, McClure, Mcintosh, McKinney, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Morrow, Nichols, N orthen, Orr, Palmour, Patterson, Peek, Perkins, Polhill, Post, Quil !ian, Rainey, Rankin, Rawlins, Reese, Render, Rice, Ritchie, Robins, Roney, Sellars, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Walker of Crawford, Walker of Jasper, Wheeler, Whittle, ""Williams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wilson

1024

JOURNAL OF THE HOUSE,

of Greene, Wingfield, Wright, Youngblood, Zachry, Zellars-1H2.
Those voting in the negative are Messrs.-
McClellan, Withrow-2.
Those not voting are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Arrington, Bacon of Chatham, Basinger, Branch, Branson, Brinson, Broyles, Denton, Edwards, Estes, Feagin, Gaskins, Hall, Harp, Jackson of Carroll, Johnson of Johnson, Jones of Baker, Jones of DeKalb, Maddox, Martin of Houston, McAllister, McBride, McLeod, McLucas, Middlebrook, Moore of Taliaferro, Park, Price, Sapp, Scruggs, Shockley, Singleton, Story, Twiggs, Walker of Berrien, Winslow, Mr. Speaker40.
So the requisite constitutional majority having voted in the affirmative, the bill passed, by substitute.

On motion of Mr. McBride, House bill No. 738 was taken from the table and placed in its order on the calendar.
On motion of Mr. Patterson, House bill No. 413 was taken from the table and placed in its order on the calendar.
Leave of absence was granted to Mr. Zellars, for Monday last, on account of sickness.

The House then adjourned until 3:30 o'clock p. m.

3:30 O'CLOCK P. M.
The House re-assembled, the Speaker in the chair.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was amended and agreed to, to-wit:
A bill to authorize the compromise and adjustment

WEDNESD.A.Y, SEPTEMBER 21, 1881.

1025

of the claims due to Howard VanEpps for insolvent costs as Solicitor-General of the City Court of .Atlanta, and to provide for the payment thereof.
Mr. Wheeler called for the previous question; the call was sustained and the main question ordered.
Mr. Rice called for the yeas and nays ; the call was sustained, and on calling the roll the vote was as follows, to-wit :

Those voting in the affirmative are Messrs.--
.Arrington, Barrow, Beatty, Bird, Branch, Brinson, Broyles, Bull, Cameron, Carter, Christie, Clark, Coffin, Crozier, Crumbly, Davis of Habersham, Davis of Lumpkin, DuBignon, DuPree of Pike, Dyer, Farnell, Flynt, Fordham, Fuller, Garrard, Goodrich, Hale, Harrell, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hutchins, Jackson of Richmond, Janes, Jemison, Johnson of Lee, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Talbot, Mays of Butts, Mays, of Richmond, McAllister, McBride, Mcintosh, McKinney, McLeod, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Nichols, N orthen, Patterson, Peek, Perkins, Polhill, Post, Price, Rainey, Rankin, Reese, Roney, Sapp, Sellars, Singleton, Silman, Spence, Spearman, Stapleton, Tharpe, Thompson, Turner of Monroe, Twiggs, Walker of Crawford, vVhittle, Williams, Wilkinson, Wilson of Bulloch, vVilson of Camden, Wingfield, Winslow, Withrow, Wright, Zachry-94.

Those voting in the negative are Messrs.-
.Adderton, .Anderson of Cobb, .Awtry, Barnes, Bates, Bennett, Brewer, Burch, Carithers, Crawford, Daniel, Day, Denton, Dial, Dykes, Edwards, Hagen, Heath, Henry, Hunt, Julian, Keil, Kennedy, Mathews, McCants, McClure, McClellan, Morrow, Palmour, Park, Quillian, Rawlins, Render, Rice, Ritchie, Smith of
65

1026

JouRN.A.LjoF THE Housl!:,

Oglethorpe, Smith of Union, Stanford, Summerlin, Sumner, Turner of Floyd, Turnipseed, Wheeler, Willingham, vVilson of Greene, Youngblood-46.

Those not voting are Messrs.-
Anderson of Newton, Bacon of Chatham, Basinger, Branson, Cook, DuPree of Macon, Estes, Feagin,Foster, Gaskins, Gray, Hall, Hammond, Harp, Heard, Jackson ofCarroll,James, Johnson of Johnson, Jones of Baker, Jones of DeKalb, Martin of Houston, McLucas, Orr, Robins, Scruggs, Shockley, Story, Strother, Sweat, Walker of Berrien, Walker of J asper, Zellars, Mr. Speaker-34.
So the requisite constitutional majority having voted in the affirmative, the bill passed by substitute.
The following bill was taken up, to-wit: A bill to amend an act to amend section 3514 of the Code of 1873, approved February 24, 1877, by adding to the first section of said act, "when returnable to the Superior Court, and when returnable to the Justices Court, shall be served five days."
Mr. Wheeler called for the previous question; the call was sustained and the main question ordered.
The report of the committee was amended and agreed to, and the bill read the third time and passed, as amended, by the requisite constitutional majority -yeas 102, nays 14.

Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report :
Mr. Speaker:
The General Committee on the Judiciary have had under consideration the following bills, which they recommend do pass, by substitute, to-wit:
A bill to carry into effect article 11, section 1, paragraph 3 of the Constitution of the State, relating to county lines.

WEDNESDAY, SEPTEMBER 21, 1881. 1027
Also, Senate bill to amend the County Court laws of this State, which they recommend do pass, as amended.
The committee recommend that the following bills of the Senate do not pass, to-wit:
A bill to provide for the proper distribution of fines in all cases transferred to the County Court in counties where there is no county court, with jurisdiction to try misdemeanors.
Also, a bill to repeal section 659 of the RAvised Code of 1873, and subject to road duty all persons therein named, except such as are exempt from road duty under the provisions of section 610 of said Code.
Respectfully submitted,
vV. M. HAMMOND, Chairman.
Mr. Sweat, 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 incorporate the town of MeVille, in the counties of Telfair and Montgomery.
Also, an act to establish a new charter for the town of Franklin, in the county of Heard.
Also, an act to incorporate the Union Railroad Company, and to define its rights and powers.
Also, an act to amend an act to create a Board of Commissioners of Roads and Revenue for Chattooga county.
Also, an act to authorize the Board of Commissioners of Roads and Revenues of Floyd county to purchase one or more bridges on the Etowah and Oostanaula rivers, at Rome, Ga.
Also, an act to submit to the voters of Randolph

1028

JOURNAL OF THE I1oUS:E!,

county the question of granting license to sell spirituous liquors in said county.
Also, an act to provide for but one grand jury to serve for each term of Hall Superior Court, without reference to the number of weeks such term may continue.
Also, an act to amend section 1408 of the Code of 1873, which prescribes punishment for keeping a drug or apothecary store without .first procuring a license.
Also, an act to amend section 4139 of the Code of Georgia.
Also, an act to require the Judges of the Superior Courts of this State, upon request, in the trial of civil cases, to furnish juries with written instructions as to the form of their verdict.
Also, an act to prohibit the sale of spirituous liquors within three miles of the academy located at the village of Lafayette.
Also, an act to prevent the practice of hunting deer in the night time by fire-light.
Also, an act to alter and amend section 1 of an act for the prevention of cruelty to animals, approved October 20, 1881.
Also, an act to increase the educational funds, to apply all moneys received by the Department of Agriculture, and hire of convicts, to the educational fund.
Also, an act for the relief of the City Building and Loan Association of Bibb county.
Also, an act for the relief of the Mechanics' Building and Loan Association of Bibb county.
Also, an act for the relief of the Bibb Loan and Building Association of Bibb county.
Also, an act for the relief of the Home Building and Loan Association of Bibb county.
Also, an act for the relief of the Ocmulgee Building and Loan Association of Bibb county.
Also, an act to amend an act to carry into effect the

WEDNESDAY, SEPTEMBER 21, 1881. 1029
last clause of paragraph 1, section 1, article 7 of the Constitution of 1877.
Also, an act to create a County Court for the county of Walton.
Also, a resolution to pay balance of per diem of Ron. James F. Glover to his family.
Also, an act to repeal an act entitled an act to incorporate the town of DeSoto, in the county of Floyd, and to incorporate the same de novo.
Also, an act to prohibit the sale of spirituous liquors in the county of Wilkinson, in this State.
Also, an act to provide for the preparation ot new jury lists where the jury box has been destroyed.
Also, a resolution to pay the heirs of Ron. A. J. Hansell and Ron. J. M. Wilcox per diem for this session.
Respectfully submitted, J. L. SwEAT, Chairman.
The House went into Committee of the Whole Rouse.
Mr. Hester, chairman of the Committee of the Whole House, made the following report :
Mr. Speaker :
The Committee of the Whole House have had under consideration-
A bill to appropriate money to pay the balance of salary due W. W. Holt, formerly Judge of the Middle Circuit of Georgia. ' Which they have instructed me to report back to the House, with the recommendation that it do pass, as amended.
The report of the committee was agreed to, and the bill read the third time ; 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, to-wit:

1030

JouRNAL OF THE HousE,

Those voting in the affirmative are Messrs.-
Adderton, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Branch, Broyles, Bull, Burch, Cameron, Carter, Christie, Clark, Coffin, Cook, Urumbley, Davis of Lumpkin, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Flynt, Foster, Fuller, Garrard, Goodrich, Hammond, Heard, Heath, Hester, Hightower of Stewart, Hill, Hunt, Hutchins, Jackson of Richmond, Janes, Jemison, Kimsey, Lamar, Lamb, Lonnon, Lester, Maddox, Martin of Talbot, Mathews, Mays of Richmond, McClure, McClellan, McKinney, Miller, Milner, Moore of Hancock, Moore of Pierce, Nichols, Northen, Patterson, Peek, Polhill, Post, Quillian, Rainey, Rankin, Reese, Render, Roney, Sapp, Singleton, Spence, Stanford, Stapleton, Summerlin, Sweat, Turner of Floyd, Turner of Monroe, Walker of Jasper, "Wilkinson, 'Vingfield, Wright, Youngblood, Zellars-82.

Those voting in the negative are M8ssrs.-
Anderson of Cobb, Arrington, Beatty, Bennett, Bird, Brewer, Carithers, Daniel, Denton, Dial, Dykes, Feagin, Fordham, Hale, Harrell, Henry, Hightower of Early, James, Julian, Keil, Mays of Butts, McAllister, McCants, Mcintosh, Morrow, Orr, Palmour, Rawlins, Ritchie, Robins, Sellars, SmithofOglethorpe, Smith of Union, Spearman, Sumner, Tharpe, Thomp son, Turnipseed, Wheeler, Williams, Wilson of Bulloch, Wilson of GreE>ne, vVithrow, Zachry-44.

Those not voting are Messrs.-
Anderson of Newton, Branson, Brinson, Crawford, Crozier, Davis of Habersham, Day, Edwards, Estes, Farnell, Gaskins, Gray, Hagen, Hall, Harp, Hillyer, Jackson of Carroll, Johnson of Johnson, Johnson of Lee, I ~-:nes of Baker, Jones of DeKalb, Kennedy, Lewis, Little, Martin of Houston, McBride, McLeod, McLucas, .r.Iiddlebrook, Mitchell, Moore of Taliaferro,

WEDNESDAY, SEPTEMBER 21,1881.

1031

Park, Perkins, Price, Rice, Scruggs, Shockley, Sil-

man, Story, Strother, Twiggs, Walker of Berrien,

Walker of Crawford, Whittle, vVillingham, Wilson

of Camden, Winslow, Mr. Speaker-48.



So the requisite constitutional ma1ority not having

voted in the affirmative, the bill was lost.

The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 104, nays none-to-wit:
.A. bill to incorporate the Romney Marsh Canal and Navigation Company, to grant certain privileges therein named, and for other purposes.
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 amend section 3214 of the Revised Code of this State, which relates to practice in the Supreme Court, and for other purposes.
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 88, nays none-to-wit:
A bill to carry into effect article 11, section 1, paragraph 3 of the Constitution of this State.
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 majorityyeas 97, nays none-to-wit:
.A. bill for the incorporation of companies formed within this State to navigate the ocean, seas and rivers by steam vessels, to define the powers and liabilities of the same, and for other purposes.
The following bill was read the third time, the re-

1032

JoURNAL OF TTIE HOUSE,

port of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutiona\ majority-yeas 94, nays none-to-wit:
A bill to require the owners of all horses, mules, cows, sheep, goats, hogs, and stock of every description, to keep the same from running at large upon the land of another in Putnam county, to define the liabilities of said owners and the rights of persons damaged by said stock so running at large.
The following bill was read the third time, thd report of the committee was agreed to, and the bill passed; as amended, by the requisite constitutional majorityyeas 89, nays none-to- wit :
A bill to repeal an act to amend section 3623 of the Code of 1873, by adding certain words thereto, a pproved September 24, 1874, and to provide for all appeals pending in the several Superior Courts of this State under said act.
The following bill was read the third time, the report of the committea was agreed to and the bill passed by the requisite constitutional majority-yeas 94, nays 8-to-wit:
A bill to make it unlawful for any person or persons owning or controlling any cotton compress to cut from any bale of cotton, without the owners's consent, any bagging enclosing the same, and to provide a penalty.
Mr. Maddox gave notice of a motion to reconsider the action o! the House on House bill No. 1040.
The following bill was read the third time, the report of the committee was agreed to and the bill passed, the requisite constitutional majority having voted in the affirmative-yeas 97, nays none-to-wit:
A bill to fix and determine the manner of returning for taxes lands divided by undetermined county lines.
The following bill was read the third time, the re-

WEDNESDAY, SEPTEMBER 21, 1881.

1033

port of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed, as amended, by the requisite constitutional majority-yeas 97, nays none-towit:
A bill to amend 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.

The following bill was read the third time and passed by the requisite constitutional majority-yeas 89, nays none-to-wit:
A bill to correct an error in a date occurring in an act approved August 24, 1881, to change the several acts incorporating the town of Conyers to that of a city corporation, with Mayor and Aldermen, with certain powers therein enumerated.

The following bill was read the third time, the report of the committee was agreed to, the rroofs of the publication of the notices required by law were exhibited and the bill passed by the requisite constitutional majority-yeas 92, nays none-to-wit:
A bill to pi"ovide compensation for the Commissioners of Roads and Revenues for the county of Dougherty, and manner of paying the same.

The following bill was read the third time, the re-

port of the committee was agreed to, the proofs of the

publication of the notices required by law were exhib-

ited, and the bill passed, as amended, by the requi-

site constitutional majority-yeas 97, nays none-

to-wit:

t

A bill to incorporate the Indian Springs Railroad

Company.

The House went into the Committee of the Whole House.

1034

JouRNAL oF THE HousE,

Mr. Broyles, chairman of the Committee of the Whole Honse, made the following report :

Mr. Speaker :
The Committee of the Whole House have had under consideration-
A. bill to appropriate money to the State Deaf and Dumb A.ssylum for the purpose of erecting a building to be used as a chapel and school-house, and to repair and rebuild the fences around the grounds, and to put into operation a system of drainage at the asylum.
Which they have instructed me to report the same back, with the recommendation that it do pass, as amended.
The report of the committee was agreed to, and the bill read the third time.
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, to-wit:

Those voting in the affirmative are Messrs.-
Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Brewer, Broyles, Bull, Carithers, Christie, Clark, Coffin, Cook, Crumbley, Daniel, Davis of Habersham, DuPree of Macon, Dyer, Dykes, Edwards, Flynt, Foster, Fuller, Garrard, Hale, Hammond, Harrell, Heard, Heath, Hester, Hightower of Early, Hightower of Stewart, Hill, James, Janes, Johnson of Lee, Keil, Kennedy, Kimsey, Lamar, Lester, Lewis, Little, Maddox, Mathews, Mays of Butts, McAllister, McClure, McClellan, Mcintosh, Milner, Moore of Hancock, Moore of Pierce, Nichols, N orthen, Orr, Peek, Perkins, Polhill, Post, Quillian, Rainey, Rankin, Rawlins, Reese, Rice, Ritchie, Singleton, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stapleton, Strother, Summerlin, Sumner, Sweat, Turner

WEDNESDAY, SEPTEMBER 21, 1881.

1035

of Floyd, Turner of Monroe, Turnipseed, Walker of Jasper, Williams, Willingham, Wilkinson, Wilson of Camden, Wingfield, Winslow, Wright, Youngblood -95.

Those voting in the negative are Messrs.-
.Adderton, .Awtry, Feagin, Fordham, Hagen, Henry, Hutchins, Martin of Talbot, McBride, McCants, Miller, Morrow, Palmour, Render, Sel1ars, Shockley, Stan ford, Thompson, Walker of Crawford, Wheeler, Wilson of Bulloch, Withrow-22.

Those not voting are Messrs.-
.Anderson of Cobb, .Anderson of Newton, .Arrington, Bacon of Chatham, Branson, Brinson, Burch, Cameron, Carter, Crawford, Crozier, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Pike, Estes, Farnell, Gaskins, Goodrich, Gray, Hall, Harp, Hillyer, Hunt, Jackson of Carroll, Jackson of Richmond, Jemison, Johnson of Johnson, Jones of Baker, Jones of DeKalb, Julian, Lamb, Lonnon, Martin of Houston, Mays of Richmond, McKinney, McLeod, McLucas, Middlebrook, Mitchell, Moore of Taliaferro, Park, Patterson, Price, Robins, Roney, Sapp, Scruggs, Silman, Story, Tharpe, Twiggs, Walker of Berrien, Whittle, Wilson of Greene, Zachry, Zellars, Mr. t::lpeaker-57.
So the requisite constitutional majority having voted in the affirmative, the bill passed, as amended.

The House then adjourned tillS o'clock p. m.

8 O'CLOCK, P.M. The House re-assembled, the Speaker in the chair. The roll was called and a quorum found to be present.
On motion of Mr. Hammond, the rules were sus-

1036

JoURNAL OF THE HOUSE,

pended and Senate bill No. 77 taken np and re-committed to the General Committee on the J ndiciary.
On motion of Mr. Hammond, the following bill was indefinitely postponed, to-wit:
A bill to amend section 2040 of the Code of 1873.
On motion of Mr. Hightower, of Stewart, the following bill was indefinitely postponed, to-wit:
A bill to provide for the better enforcement of the road laws of this State.

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report :
Mr. Speaker:
The Committee on Enrollment report as duly enrolled and ready for the signature of the Speaker of the Honse of Representatives the following acts, towit:
An act to appropriate money to pay bond No. 225 of the State of Georgia.
Also, an act to appr::>priate money to refund double tax illegally collected by the State from the Williamsburg Fire Insurance Company, N. Y.
Also, an act to refund money illegally collected from the Lorillard Fire Insurance Company, New York.
Also, an act to refund money illegally collected from the German-American Insurance Company, New York.
Also, an act to refund money illegally collected from theWestchester Fire Insurance Company of New York.
Also, an act to refund money illegally collected from the Phamix Insurance Company of New York.
Also, an act to refund money illegally collected from the Pennsylvania Fire Insurance Company.
Also, an act to regulate the sale of spirituous liquors in the county of Gwinnett.

\TEDNESDAY, SEPTEMBER 21, 1881.

1037

Also, an act to compensate the County Board of Roads and Revenue of Taliaferro county.
Also, an act to appropriate money to refund tripple taxes to the Fire Association of Philadelphia.
Also, an act to refund double taxes illegally collected from the Manhattan Fire Insurance Company.
Also, an act to appropriate money to refund double taxes illegally collected by the State from the Niagara Fire lnsurance Company, of New York.
Also, an act to appropriate money to refund double taxes illegally collected by the State from the Continental Insurance Company, of New York.
Also, an act to appropriate money to refund tripple taxes illegally collected by the State from the Girad Fire Insurance Company, of Pennsylvania.
Also, an act to relieve E. Polk, security on Jett Dobbs' forfeited bond, in Paulding Superior Court, and for other purposes.
Also, an act to incorporate the Covington and South River Railroad Company, and for other purposes.
Also, an act to appropriate money to refund tripple taxes illegally collected by the State from the Franklin Insurance Company, of Philadelphia.
Also, an act to amend an act approved August 26, 1879, entitled 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 fix the time for holding the Superior Court for the county of Mitchell, and provide for two weeks for each term, instead of one, as now provided.
Also, an act to appropriate money to refund double taxes illegally collected by the State from the Atlantic Fire Insurance Company, of New York.
Also, an act to appropriate money to refund double taxes illegally collected by the State from the American Fire Insurance Company, of Philadelphia.
Also, an act to appropriate money to refund tripple

1038

JOURNAL OF THE HOUSE,

taxes illegally collected by the State from the Insurance Company of North America, of Philadelphia.
Also, an act to incorporate the Logansville Railroad Company, extending from the town of Lawrenceville, in Gwinnett, to Logansville, in the county of Walton, ane for other purposes.
.Also, a resolution providing for the payment of mileage to members of the General Assembly.
Respectfully submitted, J. L. SwEAT, Chairman.
Mr. N orthen, 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 return to the House, with the recommendation that the introducer be allowed to withdraw, to-wit:
A bill to be entitled an act to prevent the disturbance of persons lawfully assembled at school examinations and exhibitions, and to provide a penalty therefor.
Also, the following Senate bill, which they recommend do not pass, to- wit :
A bill to be entitled an act to more clearly define the meaning of section 20 of the public school act, approved August ~3, 1872.
Respectfully submitted, W. J. NoRTHEN, Chairman.

Mr. Stanford, chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker :
The Committee on Temperance have had under consideration the following bill, which they report back with the recommendation that the same do not pass, for the want of sufficient proofs, to-wit:
A bill to be entitled an act to prohibit the sale or fur

WEDNESDAY, SEPTEMBER 21, 1881. 1039
nishing of spirituous, malt or other intoxicating liquors within Oconee county.
Respectfully submitted, L. L. STANFORD, Chairman.
The following bill was read the third time, the report of the committee was a.greed to, and the bill passed, by the requisite constitutional majority-yeas 94, nays none-to-wit:
A bill to amend an act to provide for the manner of tax sales by municipal corporations in this State, approved February 27, 1877.
On motion of Mr. Miller, the following bill was indefinitely postponed, to-wit:
Also, a bill for the relief of Samuel Trout, Treasurer ofthe State Deaf and Dumb Asylum.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited and the bill passed, as amended, by the requisite constitutional majority-yeas 89, nays none -to-wit:
A bill to incorporate the Suwannee and Cumming Railroad Company.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority-yeas 101, nays none-towit:
A bill to create a Board of Commissioners of Roads and Revenues in the county of Polk, and to prescribe its duties.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited and the report of the committee agreed to, and the bill passed, by substitute, by the

1040

JouRNAL oF THE RousE,

requisite constitutional majority-yeas 103, nays none - to-wit:
A bill to amend the charter of the Northeastern Railroad Company.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was agreed to and the bill passed, as amended, by the requisite constitutonal majority-yeas 100, nays none-to-wit:
A bill to authorize the Town Council of Thomastont in Upson county, to issue bonds to the amount of $5,000, and appropriate the proceeds to educational purposes, and to levy and collect a tax upon the taxable property in said town, to p~y the same.

The House went into the Committee of the Whole House.
Mr. Zellars, chairman of the Committee of the Whole House, made the following report :
Mr. Speaker:
The Committee of the whole House have had under consideration-
A bill for the relief of R. T. Mills, of the county of Scriven.
Which they have instructed me to report the same back to the House, with the recommendation that it do not pass.
The report of the Committee of the Whole House was agreed to, and the bill lost.
On motion of Mr. Singleton, House bills 1069 and 1070 were laid on the table.
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 104, nays none-to-wit:
A bill to repeal an act to encourage immigration to

WEDNESDAY, SEPTEMBER 21, 1881.

1041

Georgia, and for other purposes, approved October 17, 1879.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were exhibited, and the bi.ll passed, as amended, by the requisite constitutional majority-yeas 101, nays none-to-wit:
A bill to incorporate the Gainesville, Blairsville and State Line Railroad Company, and for other purposes.
On motion of Mr. Singleton, House bills 1069 and 1070 were taken from the table.
The following bill was read the third time, the report of the committee was argeed to, the proofs of the publication of the notices required by law were exhibited, and the bill passed by the requisite constitutional majority-yeas 97, nays none-to-wit:
A bill to abolish the County Court of Scriven county, and for other purposes.
The following bill was read the third time, the proofs of the publication of the notices required by law were exhibited, the report of the committee was agreed to, and the bill passed by the requisite constitutional majority-yeas 90, nays none-to-wit:
A bill to establish a Board of Commissioners for Scriven county, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of the publication of the notices required by law were 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 Walton Railroad Company, approved August 27, 1872, and for other purposes.
The following bill was read the third time, the report of the committee was agreed to, the proofs of
66

1042

JOURNAL OF THE HOUSE,

the publication of the notices required by law were exhibited, and thP- bill passed, as amended, by the requisite constitutional majority-yeas 96, nays none -to-wit:
A bill to prohibit hunting or fishing on the lands of another in the county of Tatnall, and to define who shall prosecute, and to provide a punishment therefor, and for other purposes.
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 89, nays none-to-wit:
A bill to amend an act to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways, etc., approved September 29, 1879, by authorizing the Ordinary, Commissioners of Roads and Revenues, or other officer haviP-g charge of the roads, revenues and pub1ic buildings of a cvunty, to build or repair the public works or property, by sealed proposals, or by contract, under certain circumstances.

The following bill was read the third time, and lost, the requisite constitutional majority not having voted in the affirmative, yeas 83, nays 12-to.wit:
A bill to promote medical science in this State.

Mr. Rankin, chairman of the Committee on Railroads, submitted the following report :
Mr. Speaker:
The Committee on Railroads have had under consideration the following bill, which they have instructed me to report back to the House with the recommendation that it do pass, as amended, to-wit:
A bill to be entitled an act to amend an act entitled an act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, assented to

WEDNESDAY, SEPTEMBER 21,1881. 1043
February 29, 1876, by conferring additional powers and privileges upon said purchasers, their successors and assigns and further defining their rights, powers and privileges.
Respectfully submitted, W. R. RANKIN, Chairman.
On motion of Mr. Rankin, three hundred copies of the bill above reported were ordered printed.
The following resolutions were withdrawn, to-wit: House resolutions Nos. 24, 41 and 128.
The following resolutions were laid on the table, to-wit: House resolutions Nos. 30, 8()i, 96, 126 and 130.
The following resolution was taken up and read, towit:
A resolution with reference to the dam across the Savannah river, near Augusta, and to direct inquiry as to whether said dam is in violation of the treaty of Beaufort, and for other purposes.
Mr. Mathews offered an amendment, which was not adopted.
The substitute reported by the Special Committee on the Judiciary, was adopted, and the resolution agreed to by substitute.
On motion ofMr. Garrard, the rules were suspended, and Mr. Garrard moved to recommit Senate bill No. 159 to the General Committee on the Judiciary.
Mr. Crawford moved that the House adjourn. The motion did not prevail.
The motion to recommit prevailed.
On motion of Mr. Williams, the House then adjourned till9 a. m. to-morrow.

1044

JOURNAL OF THE HousE,

ATLANTA, GEORGIA,
Thursday, September 22, 1001.
The House met -pursuant to adjounment, was called to order by the Speaker and opened with prayer by the Chaplain.
On motion of Mr. Broyles, the roll call was dispensed with.
Mr. Heath, chairman Committee on Journals, reported the Journal of yesterday examined. and approved.
The Journal was then read and approved.

Mr. Jackson, of Richmond, Mr. Singleton, and Mr. Mathews, each, gave notice of a motion to reconsider.

Mr. Maddox moved to reconsider so much of the Journal as relates to the action of the House upon a bill to repeal the act of 1879, which allows appeals in pauper form in the Court of Ordinary.
The motion to reconsider prevailed.
Mr. Jackson, of Richmond, moved to reconsider so much of the Journal as relates to the action of the House upon a bill to pav balance of salary due W. W. Holt, formerly Judge of the Middle Circuit.
The motion prevailed.
Mr. Singleton moved to reconsider so much of the Journal as relates to the action of the House upon a bill for the relief of R. T. Mills, of Scriven county.
The motion to reconsider did not prevail.
Mr. Mathews moved to reconsider so much of the Journal as relates to the action of the House upon a bill to promote medical science in this State.
The motion to reconsider prevailed.
On motion of Mr. Hammond, the rules were suspended, and Senate bills Nos. 174 and 66 were recommitted to the General Committee on the Judiciary.

THURSDAY, SEPTEMBER 22, 1881.

1045

The following mes~age was received from the Senate, through Mr. Harris! the Secretary thereof:
Mr. Speaker:
The Senate has receded from its amendment to the following bill of the House, to- wit :
A. bill to prevent the purchase, or sale, or receipt, or delivery of any seed cotton between the hours of sunset and sunrise.
The following bill of the Senate has been passed, to-wit:
A. bill to amend section 19 of the public school law, which was passed by a constitutional majority-yeas 23, nays none
The following bills of the House have been passed, to-wit:
A. bill to incorporate the Cedartown Railroad Com pany, which was passed by a constitutional majority -yeas 32, nays none :
A.lso, a bill to regulate the practice of medicine in the State of Georgia, which was passed by a constitutional majority-yeas 28, nays 1.
A.lso, a bill to establish a City Court iu the county of Richmond, which was passed by a constitutional majority-yeas 32, nays none.
A.lso, a bill to incorporate the Rome Canal and Water Company, which was passed by a constitutional majority-yeas 28, nays none.
A.lso, a bill to abolish the County Court of Richmond county, which was passed by a constitutional majority-yeas 34, nays none.
.Also, a bill to amend an act regulating the manner of letting out contracts to build or repair public buildings, bridges, causeways or other public works in the several counties of this State, which was passed by a constitutional majority~yeas 30, nays none.
A.lso, a bill to require the Judge of the Superior Court for the county of Jackson to have publisheu, in

1046

JOURNAL OF THE HoUSE,

advance of the opening of the regular terms thereof, the order in which he will take up the dockets of said court, which was passed by a constitutional majority -yeas 27, nays none.
Also, a bill to regulate practice in the Supreme Court, which was passed by a constitutional majority -yeas 26, nays 1.
Also, a bill to incorporate the Kingston, Walesca an Gainesville Railroad Company, which was passed by a constitutional majority-yeas 32, nays none.
Also, a bill to exempt the county of Floyd from the provisions of section 671 of the Code of 1873, which was passed by a constitutional majority-yeas 32, nays none.
Also, a bill to authorize the Town Council of the town of Reynolds to issue and sell bonds for certain purposes, which was passed by a constitutional majority-yea.s 27, nays none.
The Senate has passsed the following bills of the House, with an amendment, in which they ask the concurrence of the House, to-wit :
A bill to provide for the keeping of a record, in each county of this State, of the wild lands lying and being therei~, which was passed by a constitutional majority-yeas 24, nays 14.
Also, a bill to prohibit the sale of liquors within two miles of any church in the corporate limits of the city of Forsyth, which was passed by a constitutional majority-yeas 84, nays none.
Also, a bill to prohibit the sale of liquors in the county of Burke, which was passed by a constitutional majority-yeas 26, nays none.
Also, a bill to amend the charter of the town of Hampton, which was passed by a constitutional rna jority-yeas 27, nays none.
The Senate amendments to the following bills were concurred in, to-wit:

THURSDAY, SEPTEMBER 22, 1881.

1047

A bill to incorporate the Rome Southern Railroad Company, and for other purposes.
Also, a bill to prohibit the sale of liquors within two miles of any church in the town of Forsyth.
Also, a bill to amend the charter of the town of Hampton.
Also, a bill to mcorporate the Atlanta Home Insur ance Company.
Also, a bill to amend the charter of the Bainbridge, Cuthbert and Columbus Railroad Company.
Also, a bill to incorporate the Chattahoochee Canal Company.
Also, a bill to prohibit the sale of liquors in the county of Burke.

The House went into the Committee of the Whole House.
Mr. Clark, chairman of the Committee of the Whole House, made the following report:
Mr. Speaker :
The Committee of the Whole House have had under con&ideration-
A bill to appropriate money to pay balance due W. W. Holt, formerly Judge of the Middle Circuit of Georgia, on salary.
Which they have instructed me to report back to the House, with the recommendation that it do pass, as amended.
The report of the Committee of the Whole House was agreed to, and the bill read the third time.

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, to-wit :
Those voting in the affirmative are Messrs.-
Adderton, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Bull, Burch, Cameron, Carter,

1048.

JouRNAL OF THE HousE,

Carithers, Clark, Coffin, Cook, Crawford, Davis of Habersham, Davis of Lumpkin, Dial, DuPree of Macon, DuPree of Pike, Dykes, Flynt, Foster, Fuller, Garrard, Gray, Hagen, Hale, Hammond, Heath, Hester, Hill, Hillyer, Hunt, Hutchins, Jackson of Richmond, James, Janes, Jones of Baker, Jones of DeKalb, Kimsey, Lamar, Lamb, Lannon, Maddox, Martin of Houston, Martin of Talbot, Mathews, Mays of Richmond, McClure, McKinney, Miller, Milner, Moore of Hancock, Moore of Pierce, Morrow, Nichols, Northen, Park, Patterson, Peek, Perkins, Polhill, Post, Price, Quillian, Rainey, Rankin, Reese, Render, Sapp, Shockley, Silman, Spence, Stanford, Stapleton, Summerlin, Sweat, Turner of Floyd, Turner of Monroe, Twiggs, Walker of Berrien, 'Valker of Jasper, Williams, Willingham, Wilkinson, Wingfield, Winslow, Wright, Youngblood, Zellars-92.
Those voting ih the negative are Messrs.-
..A.nderson of Cobb, Anderson of Newton, Arrington, Beatty, Bennett, Bird, Branch, Brewer, Brinson, Broyles, Christie, Crumbley, Day, Denton, Dyer, Edwards, Farnell, Feagin, Fordham, Goodrich, Harrell, Heard, Henry, Hightower of Early, Johnson of Lee, Julian, Keil, Kennedy, Lester, Lewis, Little, Mays of Butts, McAllister, McBride, McCants, McClellan, Mcintosh, McLeod, McLucas, Moore of Taliaferro, Orr, Palmour, Rawlins, Rice, Robins, Sellars, Scruggs, Smith of Union, Spearman, Sumner, Tharpe, Thompson, Turnipseed, Walker of Crawford, Wheeler, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Withrow, Zachry-60.
Those not voting are Messrs.-
Branson, Crozier, Daniel, DuBignon, Estes, Gaskins, Hall, Harp, Hightower of Stewart, Jackson of Carroll, Jemison, Johnson of Johnson, Middlebrook, Mitchell, Ritchie, Roney, Singleton, Smith of Oglethorpe, Story, Strother, Whittle, Mr. Speaker-22.

THURSDAY, SEPTEMBER 22,1881.

1049

So the requisite constitutional majority having voted in the affirmative, the bill passed, as amended.
The following bill was indefinitely postponed, towit:.
A bill to repeal an act to amend section 3623 of the Code.
The following bill was read the third time, the report of the committee was agreed to, and the bill passed by tile requisite constitutional majority-yeas 112, nays 23-to-wit:
A bill to promote medical science in this State.
The following resolution was read and agreed to, towit:
A resolution to prohibit the lending of books to private parties by the State Librarian.
'fhe following resolution was read and~agreed to, as amended, to-wit:
A resolution to sell certain lands along the line of the Macon and Brunswick Railroad belonging to the State.
The following resolution was read and agreed to, towit:
A resolution to authorize the Governor to make investigation as to the lease of the Indian Springs reservation, etc.
The following resolution was read and agreed to, towit:
A resolution requesting the Governor to investigate the case of James Denton, a convict, lately in charge of the Marietta and North Georgia Railroad.
On motion of Mr. Miller, the rules were suspended for the purpose of reading Senate bills the first and second time.
The following Senate bill was read the first time and referred to the Committee on Ell ucation, to wit :
A bill to amend section 19 of the Public School Laws of Georgia.

1050

JouRNAL OF THE HousE,

The following Senate bill was read the first time and referred to the Committee on Agriculture, towit:
A. bill to amend section 1444 of the Code of 1873.
The following bill of the Senate was read the first time and referred to the Committee on Hygiene and Sanitation, to wit :
A bill to provide for the more efficient granting of diplomas by medical colleges.
The following Senate bill was read the second time,
to~wit:
A bill to amend the County Court laws of this State, and to alter and regulate the provisions for compensation of the County Court Judges, and to alter and regulate the mode of procuring jurors in said court, and to provide for their compensation and to provide for the payment of cost, and tor other purposes.
The following House bill, amended in the Senate, was taken up and the Senate amendments concurred in, to-wit:
.A. bill to provide for the keeping of a record, in each county of this State, of the wild lands lying and being therein, and to regulate the manner of giving in wild lands for taxation.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following bills of the House, to wit :
A bill to incorporate the Brunswick and Flint River Railroad Company, which was passed by a constitutional majority of yPas 31, nays none.
Also, a bill to change the time of holding the Superior Courts of Baldwin county, which was p~A~f'd by a constitutional majority of yeas 36, nays nuue.
Also, a bill to amend the act incorporating the Gate

THURSDAY, SEPTEMBER 22, 1881.

1051

City Street Railroad Company, which was passed by a constitutional majority of yeas 27, nays none.
Also, a bill to amend section 13, of the public school law, which was passed by a constitutional majority of yeas B1, nays none.
Also, a bill to confer additional powers on incor porated towns of this State, which was passed by a constitutional majority of yeas 32, nays none.
Also, a bill to authorize the foreclosure of mortgages in equity as prescribed in the Code, which was passed by a constitutional majority of yeas 33, nays none.
Also, a bill to incorporate the Atlantic and Mississippi Telegraph Company, which was passed by a constitutional majority-yeas 30, nays none.
Also, a bill to incorporate the town of Sharpsburg, which was passed by a constitutional majority-yeas 33, nays none.
Also, a bill to prohibit the sale of liquors in the town of Luthersville, which was passed by a constitutional majority-yeas 29, nays none.
Also, a bill to appropriate money for the repair of buildings at Milledgeville, which was passed by a constitutional majority-yeas 31, nays 1.
Also, a bill to define the authority of the Commissioners of Glynn county, which was passed by a constitutional majority-yeas 31, nays none.
Also, a bill to incorporate the Greenville and White Sulphur Springs, which was passed by a constitutional majority-yeas 29, nays none.
Also, a bill to provide a Board of Commissioners of Roads and Revenues for the ccmnty of Emanuel, which was passed by a constitutional majority-yeas 28, nays none.
Also, a bill to prevent the reckless destruction of fish in the county of ~criven, which was passed by a constitutional majority-yeas 31, nays none.
Also, a bill to amend an act incorporating the town

1052

JoURNAL OF THE HOUSE,

of Talbotton, which was -passed by a constitutional majority-yeas 29, nays none.
Also, a bill for the relief of certain bondsmen on the bond given by the Stonew~ll Rifles for arms furnished by the State, which was passed by a constitutional majority-yeas 33, nays none.
Also, a bill to authorize the Mayor and Council of Dalton to levy a tax for certain purposes, which was passed by a constitutional majority-yeas 35, nays none.
Also, a bill to make the Jury Commissioners of Fulton county Superior Court, Commissioners of the City Court of Atlanta, which was passed by a constitutional majority-yeas 31, nays none.
Also, a bill to amend an act to -prevent the killing of partridges and other game in the counties of Lowndes, Thomas and Putnam, which was passed by a constitutional majority-yeas 30, nays none.
Also, a bill to order an election in regard to the sale of liquors in the county of Worth, which was passed by a constitutional majority-yeas 31, nays none.
Also, a bill to prevent the sale of liquors in certain bounds in the county of Washington, which was passed by a constitutional majority-yeas 31, nays none.
Also, a bill to compel Clerks of the Superior Court to deliver up ballots in regard to contested elections, which was passed by a constitutional majority-yeas 32, nays none.
Also, a bill to amend an act incorporating the town of Camilla, which was passed by a constitutional majority-yeas 30, nays none.
Also, a bill to amend an act in regard to the laws of the county of DeKalb, which was passed by a constitutional majority-yeas 28, nays "none.
Also, a bill to amend an act prescribing the tuauuer of foreclosing certain chattel mortgages, which was

THURSDAY, SEPTl';MBER 22, 1881.

1053

passed by a constitutional majority-yeas 34, nays none.
Also, a bill to repeal an act incorporating the town of Vienna, which was passed by a constitutional majority-yeas 31, nays none.
Also, a bill to legalize and provide for the enforcement of the bonds of county officers who filed their bonds after the time had elapsed for executing and filing such bonds under existing laws, which was passed by a constitutional majority-yeas 32, nays none.
Also, a bill to require each county to defray all expenses of trying every commission of lunacy, and for other purposes, which was passed by a constitutional majority-yeas 29, nays none.
Also, a bill to amend an act creating a Board of Commissioners of Roads and Revenues for the county of Fulton, which was passed by a constitutional majority-yeas 29, nays none.
The Senate has passed the following bills of the House, with amendments, in which they ask the concurrence of the House, to wit :
A bill to amend section 1562 of the Code of 1873, which was passed by a constitutional majority-yeas 27, nays none.
Also, a bill to incorporate the town ~f Monroe, which was passed by a constitutional majority-yeas 31, nays none.
Also, a bill to authorize the Mayor and Aldermen of Savannah to tax the Savannah, Florida and Western Railway Company within the limits of said city, which was passed by a constitutional majority-yeas 30, nays none.
Also, a bill to amend an act to construct a railroad from Elberton to intersect with the New York and New Orleans Railroad, which was passed by a constitutional majority-yeas 29, nays none.

1054

JouRNAL oF THE RousE,

The Senate has passed the following House bill, by substitute, in which they ask the concurrence of the Honse, to-wit:
.A bill to amend an act incorporating the town of Tennille, which was passed by a constitutional majority-yeas 31, nays none.
The Senate has concurred in the following resolution of the House, to-wit:
.A resolution, authorizing the State Treasurer to pay interest due on certain bonds, which was passed by a constitutional majority-yeas 29, nays none.
The following Senate bill was taken up, to-wit: .A bill to regulate and restrict the rate of interest in this State, and for other purposes. Several amendments were offered. Mr. Miller called fo:r the previous question; the call was sustained and the main question ordered. The amendments were not adopted. The report of the committee, as amended, was agreed to, and t.he bill read the third time.
Mr. Smith, of Oglethorpe, 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, to-wit :

Those voting in the affirmative are Messrs.-
.Anderson of Cobb, .Arrington, Bacon of Chatham, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Broyles, Bud, Cameron, Carter, Carithers, Christie, Clark, Coffin, Crawford, Urumbley, Daniel, Davis of Habersham, DuPree of Macon, DuPree of Pike, Dykes, Fuller, Garrard, Hammond, Heard, Heath, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hutchins, James, Jemison, T.;.nes of Baker, Keil, Kimsey, Lamar, Lamb, Lewis, Little, Martin of Houston, Martin of Talbot, McBride, McClellan, McKinney, McLeod, !vliddlebrook, Miller, Moore of Hancock, Moore of Pierce, Morrow, Nichols,

THURSDAY, SEPTEMBER 22, 1881.

1055

N orthen, Orr, Palmour, Peek, Polhill, Quillian, Rainey, Rawlins, Reese, Rice, Ritchie, Robins. Sapp, Silman, Smith of Oglethorpe, Spence, Stanford, Stapieton, Summerlin, Sumner, Sweat, Tharpe, Turner of Floyd, Turnipseed, Twiggs, Walker of Berrien, Wheeler, Williams, Wilson of Bulloch, Winslow, Withrow, Zachry-89.
Those voting in the negative are Messrs.-
Adderton, Awtry, Barnes, Brewer, Brinson, Burch, Dial, DuBignon, Dyer, Edwards, Estes, Feagin, Fordham,Goodrich, Gray, Hagen, Hale, Henry, Jackson of Carroll,Janes,Johnson of Lee, J ulian,Lonnon, Mays of Butts, McAllister, McClure, Mcintosh, McLucas, Milner, Park, Perkins, Post, Price, Smith of Union, Spearman, Strother, Walker of Crawford, Willingham, Wilkinson, Wilson of Camden, Wilson of Gref'ne, Wright, Zellars-43.
Those not voting are Messrs.-
Anderson of Newton, Branson, Cook, Crozier, Davis of Lumpkin, Day, Denton, Farnell, Flynt, Foster, Gaskins, Hall, Harp, Harrell, Hunt, Jackson of Richmond, Johnson of Johnson, Jones of DeKalb, Kennedy, Lester, Maddox, Mathews, Mays of Richmond, McCants, Mitchell, Moore of Taliaferro, Patterson, Rankin, Re11der, Roney, Sellars, Scruggs, Shockley, Singleton, Story, Thompson, Turner of Monroe, Walker of Jasper, Whittle, Wingfield, Youngblood, Mr. Speaker-42.
So the requisite constitutional majority having voted in the affirmative, the bill passed.
Mr. Wright gave notice of a motion to reconsider the action just had.
Leave of absence was granted to Mr. Hall, of Echols, for the balance of the session.
On motion of Mr. Twiggs, the House then adjourned till 4 o'clock p. m.

1056

JoURNAL OF THE HOUSE,

4 O'CLOCK P.M.
The House re-assembled, the Speaker in the chair. On motion of Mr. Wheeler, the roll call was dis-pensed with.
On motion of Mr. Bassenger, the rules were suspended, and the following resolution was introduced, read and agreed to, to-wit:
A resolution authorizing and requesting the Governor to call out such of the volunteer troops of the State as may be necessary to aid the Mayor of Savannah in preserving the peace and suppressing disturbances.
On motion of Mr. Twiggs, the resolution was ordered at once transmitted to the Senate.
The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary:
Mr. Speaker:
The Governor has approved and signed the following acts:
An act to establish a City Court in the county of Richmond, etc.
Also, an act to prohibit the sale of liquor in three miles of LaFayette, Walker county.
Also, an act to amend an act to create a County Board for Chattooga county.
Also, an act to amend the crippled soldiers' act so as to allow returned non-residents, now bona fide citizens, to enjoy the benefits of the act.
Also, an act to prohibit the sale of liquor in Wilkinson county.
Also, an act to provide for but one grand jury for each term in Hall county.
Also, an act to pay balance due James T. Glover to his family.
Also, an act to submit to the voters of Randolph county the granting of liquor license for two years.

THURSDAY, SEPTEMBER 22, 1881.

1057

Also, an act to increase the school fund of the State with the surplus of money from inspection of fertilizers and hire of convicts.
Also, an act to amend an act for the prevention of cruelty to animals.
.Also, an act to prevent the practice of hunting deer at night.
Mr. Sweat, 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 authorize the Town Council of Reynolds, in Taylor county, to issue bonds.
Also, an act to exempt Floyd county from the provisions of section 671 of the Revised Code of 1873.
Also, an act to incorporate the Kingston, Waleska and Gainesville Railroad Company.
Also, an act to regulate practice in the Supreme Court of Georgia.
Also, an act to abolish the County Court of Richmond county.
Also, an act to incorporate the town of Vienna, in the county of Dooly.
Also, an act to amend an act approved October 16, 1879, to prescribe the manner of foreclosing certain chattel mortgages, etc.
Also, an act to repeal an act approved September 25, 1879, in reference to the road laws of this State, in DeKalb county.
.Also, an act to amend the charter of the town of Camilla.
Also, an act to compel Clerks of the Superior Court to deliver up ballots in their possession and control, etc.
67

1058

J OURN.A.L OF TilE HOUSE,

Also, an act to incorporate the Rome Southern Railroad Company.
Also, an act to provide for the keeping of a record in each county of this State of the wild land lying and being therein.
Also, an act to amend an act to create a Board of Commissioners of Roads and Revenue for the county of Fulton.
Also, an act to require each county in this State to defray all expenses of trying every commission of lunacy, and for other purposes.
Also, an act to provide for the enforcement of the bonds of county officers who filed their official bond after the time has elapsed for executing and filing such bond under existing laws.
Also, an act to prohibit the sale of liquor in Burke county.
Also, an act to alter and amend the charter of Bainbridge, Cuthbert and Columbus Railroad Company.
Also, an act to incorporate the Chattahoochee Canal Company.
Also, an act to confer additional powers upon the Board of Commissioners of the town of Hampton, county of Henry.
Also, an act to incorporate the Atlanta Home Insurance Company.
Also, an act to prohibit th.e sale of whisky within two miles of any church in Forsyth, Monroe county.
Also, an act to require the Judge of the Superior Court for the county of Jackson to have published in advance the order in which he will take up the docket.
Also, an act to regulate the manner of letting out contracts to build or repair public bridges.
Also, an act to incorporate the Rome Canal and Water Company.
Also, an act to regulate the practice of medicine in this State.

THURSDAY, SEPTEMBER 22, 1881.

1059

Also, an act to incorporate the Cedartown Railroad Company.
Also, an act to prevent the purchase, or sale, or receipt,:or delivery of seed cotton between sunset and sunrise.
Also, an act to order an election to determine if the sale of intoxicating spirits shall be prohibited in the county of Worth.
Also, an act to amend an act to prohibit the killing of partridges, wild turkey and deer at certain seasons in the counties of Lowndes, Thomas and Putnam, approved February 28, 1876.
Also, an act to authorize the Mayor and Conncil of the city of Dalton to levy a tax for school purposes.
Also, an act for the relief of the bondsmen on the bond of the Stonewall Rifles for arms furnished by the State of Georgia.
Also, an act to amend an act incorporating the town of Talbotton.
Also, an act to prevent the reckless and unnecessary destruction of fish in Scriven county.
Also, an act to create or provide for the appointment of Road and Revenue Commissioners in the county of Emanuel.
Also, an act to incorporate the Greenville and White Sulphur Springs Railroad Company.
Also, an act to define the authority of the Commissioners of Roads and Revenue of Glynn county.
.Also, an act to appropriate $5,000 for the repair ot the public buildings at Milledgeville.
.Also, an act to prohibit the sale of intoxicating liquors in the town of Luthersville, Meriwether county.
.Also, an act to amend an act to incorporate the town of Sharpesburg, in the county of Coweta.
.Also, an act to incorporate the .Atlantic and Pacific Telegraph Company.
.Also, an act to authorize the foreclosure of mortga-

1060

JOURNAL OF THE HOUSE,

ges in equity, as well as in the manner prescribed by the Code.
Also, an act to confer additional powers on the corporated towns and villages of this State.
Also, an act to amend section 13 of the school law of August 23, 1872.
Also, an act to amend an act incorporating the Gate City Street Railroad Company.
Also, an act to alter and change the time for holding the Superior Courts in the county of Baldwin.
Also, an act to incorporate the Brunswick and Flint River Railroad Company.
Also, an act to make the Jury Commissioners of Fulton county, Jury Commissioners of the City Court.
Also, an act to prohibit the sale or furnishing spirituous or intoxicating liquors within three miles of Davidsboro Baptist church, in the county of Washington.
Respectfully submitted, J. L. SWEAT, Chairman.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof, towit:
Mr. Speaker: The Senate has concurred in the following resolu-
tion of the House, to-wit : A. resolution requesting and authorizing the Gov-
ernor to employ such portions of the volunteer troops of this State as he may deem necessary for the suppression of violence in the city of Savannah.
And I am directed to transmit the same forthwith to the House of Representatives.
Mr. Hutchins, chairman of the Committee on Finance, submitted the following report :
Mr. Speaker : The Committee on Finance instruct me, as their

THURSDAY, SEPTEMBER 22, 1881.

1061

chairman, to return the following bill and memorials, in order that the introducers may withdraw them, towit:
A bill for the relief of vV. G. B. C. Smith, a maimed
Confederate soldier. Also, the memorial of G. H. Penfield, agent of
Sharpe's Rifle Manufacturing Company, etc. Respectfully submitted, N. L. HuTCHINS, Chairman.

Mr. Walker, chairm'l.n of the Committee on Hygiene and Sanitation, submitted the following report :

Mr. Speaker:
The Committee on Hygiene and Sanitation have had under consideration-
A bill to be entitled an act to provide for the more efficient granting of diplomas by medical colleges, which they instruct me, as their chairman, to report back to the House with the recommendation that it do pass.
Respectfully submitted, F. WALKER, Chairman.

Mr. Martin, of Houston, offered the following resolution, which was read and referred to the Committee on Finance, to-wit:
A resolution authorizing the Governor to pay certain amounts due for printing, ordered by the Railroad Commission, out of the general printing fund.
On motion of Mr. N orthen, the following Senate bill was read the third time and indefinitely postponed, to-wit :
A bill to enlarge the Board of Trustees of the University of Georgia, by making certain additions thereto.
The following Senate bill was read the third time, the report of the committee was agreed to, and the bill

1062

JOURNAL OF THE HoUSE,

passed, as amended, by the requisite constitutional majority-yeas 100, nays none-to-wit:
A bill to provide for the better security of life and property from the dangers of coal and petroleum oils.
The following Senate bill was read the third time, the report of the committee was agreetl to, and the bill passed by the requisite constitutional majority-yeas 89, nays none-to-wit:
A bill to require all conditional sales of personal property to be evidenced in writing.
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 97, nays none-to wit:
A bill to protect the public schools, private schools and Sunday-schools of this State from disturbance, and to punish those who unlawfully disturb the same.
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 majorityyeas 93, nays none-to-wit:
A bill to amend section 1312 of the Code of 1873, providing for the time of convening Presidential Electors by the Governor.
The following Senate bill was read the third time, the substitute reported by the committee was amended and adopted, and the report of the committee, as amended, was agreed to, to-wit:
A bill to incorporate railroad companies in this State, and to prescribe the powers, rights, duties and liabilities of the same.
Mr. Price called for the previous question, the call was sustained and the main question ordered.
Mr. Garrard 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, to wit :
Those voting in the affirmative are Messrs.Adderton, Arrington, Bacon of Chatham, Barnes,

THURSDAY, SEPTEMBER 22, 1881.

1063

Bates, Beatty, Bennett, Bird, Branch, Branson, Brinson, Bull, Burch, Carithers, Clark, Coffin, Crawford, Crumbley, Daniel, Davis of Lumpkin, DuBignon, Dyer, Dykes, Edwards, Estes, Farnell, Feagin, Flynt, Fordham, Fuller, Garrard, Hagen, Hale, Harrell, Heard, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Jackson of Carroll, James, Janes, Jemison, Johnson of Lee, Julian, Keil, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Little, Martin of Houston, Martin of Talbot, McAllister, McClure, McClellan, McKinney, McLeod, McLucas, Miller, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, N orthen, Orr, Patterson, Peek, Perkins, Polhill, Post, Price, Quillian, Rawlins, Reese, Render, Rice, Ritchie, Roney,Sapp, Sellars, Silman, Smith of Union, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd, Walker of Jasper, Wheeler, Williams, Wilkinson, Wilson of Bulloch, Wilson of Camden, vVilson of Greene, Wright, Youngblood, Zachry-111.

Those voting in the negative are Messrs.-
Awtry, Basinger, Dial, Hutchins, Jones of Baker, Lewis,Maddox, McBride, Middlebrook, Park, Walker of Crawford-11.

Those not voting are Messrs.- -
Anderson of Cobb, Anderson of Newton, Barrow, Brewer, Broyles, Cameron, Carter, Christie, Cook, Crozier, Davis of Habersham, Day, Denton, DuPree of Macon, DuPree of Pike, Foster, Gaskins, Goodrich, Gray, Hall, Hammond, Harp, Heath, Hillyer, Hunt, Jackson of Richmond, Johnson of Johnson, Jones of DeKalb, \Iathews, Mays of Butts, Mays of Richmond, McCants, Mcintosh, Mitchell, Palmour, Rainey, Rankin, Robins, Scruggs, Shockley, Singleton, Smith of Oglethorpe, Story, Turner of Monroe,

1064

JOURNAL OF THE HOUSE,

Turnipseed, Twiggs, "\Valker of Berrien, Whittle, Willingham, Wingfield, Winslow, Withrow, Zellars, Mr. Speaker-52.
So the requisite constitutional majority having voted in the affirmative, the bill passed, by substitute.
Mr. Sweat, 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 ot the House of Representatives, the following resolution, to-wit:
A resolution requesting and authorizing the Governor to employ such portions of the volunteer military force of Georgia, as he may deem necessary, for the suppression of violence in the city of Savannah.
Respectfully ~:~ubmitted, J. L. SwEAT, Chairman.
Mr. Barrow, chairman pro tem. of the General Committee on the Judiciary, submitted the following re port:
Mr. Speaker: The General Committee on the Judiciary have had
under consideration the following bill of the Senate, which they recommend do pass, to-wit:
A bill to fix the fees of public weighers of cotton, and to punish the charging and taking of excessive fees.
The committee recommend that the following bills of the Senate do not pass, to- wit :
A bill to -provide for the speedy foreclosure of mortgages on realty in certain cases, etc.
Also, a bill to amend section 1282 of the Code. Also, a bill to make the first tetm the trial term in cases brought to the Superior Courts, etc. Respectfully submitted,
PoPE BARRow, Chairman pTo tem.

FRIDAY, SEPTEMBER 23, 1881. 1065
Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report :
Mr. Speaker: The Committee on Enrollment report as duly en-
rolled, signed by the Speaker of the House of Representatives, President of the Senate and delivered to the Governor, the following resolution, to-wit:
A resolution requesting and authorizing the Governor to employ such portions of the volunteer military force of Georgia, as he may deem necessary, for the suppression of violence in the city of Savannah.
Respectfully submitted, J. L. SwEAT, Chairman.
On motion of Mr. Reese, the House then adjourned until10 o'clock to-morrow morning.
ATLANTA, GEORGIA, Friday, September 23, 1881. The Honse met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Chaplain. On motion of Mr. Martin, of Houston, the roll call was dispensed with. Mr. Harrell, chairman of the Committee on J onrnals, reported the J onrnal of yesterday examined and approved. The Journal was then read and approved. Mr. Wright moved to reconsider so much of the Journal of yesterday as relates to the action of the House upon a bill to regulate and restrict the rate of interest in this State. On motion of Mr. McBride, the motion to reconsider was laid on the table. On motion of Mr. Spence, the rules were suspended

1066

JouRNAL OF THE HousE,

for the purpose of reading Senate bills favorably reported the second time, and Senate bills the third time.

Mr. Sweat, chairman of the Committee on Enroll ment, submitted the following report:
Mr. Speaker :
'l'he 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 establish a City Court in the county of Richmond.
Also, an act to amend an act approved August 26, 1879, to prevent the driving or grazing of diseased cattle into places other than those where the cattle are diseased, etc.
Also, an act to incorporate the Logansville Railroad Company.
Also, an act to appropriate money to refund triple taxes illegally collected from the Fire Association, of Philadelphia.
Also, an act to appropriate money to refund triple taxes illegally collected from the American Fire Insurance Company, of Philadelphia.
Also, an act to appropriate money to refund double taxes illegally collected from the Atlantic Fire Insurance Company, of New York.
Also, an act to appropriate money to refund triple taxes illegally collected from the Franklin Insurance Company, of Philadelphia.
Also, an act to appropriate money to refund double taxes illegally collected from the Manhattan Fire Insurance Company, of New Y vrk.
Also, an act to appropriate money to refund triple taxes illegally collected from the Insurance Company of North America, of Philadelphia.
Also, an act to appropriate money to refund double

FRIDAY, SF.PTE1\IBRR 23, 1881.

1067

taxes illegally collected from the Niagara Fire Insurance Company, of New York.
.Also, an act to appropriate money to refund triple taxes illegally collected from the Girard Fire Insurance Company, of Pennsylvania.
Also, an act to appropriate money to refund double taxes illegally collected from the Westchester Fire Insurance Company, of New York.
Also. an act to appropriate money to refund double taxes illegally collected from the Phamix Insurance Company, of Brooklyn, New York.
Also, an act to appropriate money to refund triple taxes illegally collected from the Pennsylvania Fire Insurance Company.
Also, an act to appropriate money to refund double taxes illegally collected from the Williamsburg City Fire Insurance Company, of New York.
Also, an act to appropriate monPy to refund double taxes illegal.ly collected from the Lorillard Fire Insurance Company, of New York.
Also, an act to appropriate money to refund double taxes illegally collected from the Continental Insurance Company, of New York.
Also, an act to appropriate money to refund double taxes illegally collected from the German American Insurance Company, of New York.
Also, an act to appropriate money to pay bond No. 225 of the State of Georgia.
Also, an act to fix the time of holding the Superior Court for the county of Mitchell.
Also, an act to relieve E. Polk, security on J ett Dobbs' forfeited bond, in Paulding Superior Court, and for other purposes.
Also, an act to regulate the sale of spirituous liquors in the county of Gwinnett.
Also, an act to compensate the County Board of Roads and Revenues of 'faliaferro county.

1068

JouRNAL oF THE HousE,

Also, an act to incorporate the Covington and South River Railroad Company.
Respectfully submitted, J. L. SwEAT, Chairman.

Mr. Hutchins, chairman of the Committee on Finance, submitted the following report :
Mr. Speaker :
The Joint Committee on Finance of the Senate and House of Representatives have, through sub-committee, examined the offices of the Comptroller-General and State Treasurer, as required by section 186 of the Code of 1873, and herewith submit the report of the sub-committee, which is adopted and presented as the report of the Joint Standing Committee on Finance.
Respectfully submitted, R. T. FoucHE,
Chairman Senate Committee on Finance,
N. L. HUTCHINS, Chairman House Committee on Finance.

REPORT OF THE SUB-CO~BIITTEE OF THE JOINT STAND-
ING COMMITTEE ON FINANCE.
Mr. Gkai1man:
The sub-committee from the Joint Standing Committee on Finance have examined the accounts and vouchers of the Comptroller-General and Treasurer, as requirP.d by section 186 of the Code, and respectfully submit that the books of these officers have been neatly and correctly kept, and their annual reports are sustained by the condition of thP. offices.
The report of the Treasurer showed a balance in the Treasury, October 1, 1880, of 8688,865.47, which amount is shown on the books ; and on the lOth day of November, 1880, J. W. Renfroe, the former Treasurer, turned over to D. N. Speer, the present Treasurer, the sum of $665,594.97, which amount we find on

FRIDAY, SEPTEliBER 23, 1881.

1069

the books, and the same agrees with the books of the Comptroller-General of that date.
The books of the Treasurer showed a balance on September 5, 1881 (the day your committee began its investigation), of $782,884.84, which amount your committee found in the hands of the Treasurer and the State depositories, an itemized statement of which is herE>unto appended.
In the opinion of your committee, the Treasurer deserves the gratitude of the people for his conduct in the matter of the State's funds in the Citizen's Bank, as well, also, as for his efficiency and the good management of his office. He found in this bank, when he entered the office, $332,432.75, more than half of the whole amount of the State~s funds at that time. He at once began drawing from this bank to meet all the demands of the State, so that, at the time of its suspension, there wns on deposit in said bank only $103,218.46, thus, as we think, saving to the State a large sum of money.
We would respectfully call attention to the condition of the bond book now used. It is much worn and mutilated, and it is with difficulty that any bond of any issue can be found. We would suggest that steps be taken to have the record of bonds transcribed in a systematic method into a new book.
Deeming the present vault entirely unsafe, we suggest that an appropriation be made to have the vault made "fire and burglar proof," in accordance with a proposition of the Herring Safe Company.
We would further call attention to the accumulation of old vouchers, such as bond coupons, warrants, etc., etc., which are fast filling the vault, to the great inconvenience of the present and future busir.ess of the office, and we suggest that the necessary steps be taken to have them destroyed.
We call especial attention to the books of the Comptroller-General's office. Said books are comprehen-

1070

JouRNAL 0]' THE HousE,

sively, neatly and beautifully kept. The system is so thorough that the condition of any account in the office can be ascertained at a moment's notice.
Respectfully submitted, DuPoNT GuERRY,
w. H. MATTOX,
J. F. BROWN, From Senate Committee.
A. w. HILL,
S. D. FULLER, B. J. DAVIS,
s. R. CHRISTIE,
D. C. BACON, From House Committee.

STATEMENT OF THE CONDITION OF THE STA'l.'E TREASURY
A.t the close of business September 5, 1881.
Deposited with Fourth National Bank, New York .............................. $ 45,066 99
Deposited w1th Southern Bank State of Georgia, Savannah . . . . . . . . . . . . . . . . . . 27,397 82
Deposited with Georgia Railroad Bank, Augusta............................ 28,436 24
Deposited with Central Georgia Bank, Macon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24,161 58
Deposited with Eagle & Phrnnix Bank, Columbus............................. 37,780 33
. Deposited with Bank of Americus, Americus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29,263 63
Deposited with Bank of the University, Athens ...................... :. . . . . . 21,378 25
Deposited with LaGrange Banking and Trust Company, La~range . . . . . . . . . . 29,726 54
Deposited with Citizen's Bank, Atlanta... 88,218 51 Deposited with Bank of Rome, Rome.... 45,013 38 Deposited with Griffin Banking Company,
Griffin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289 42

FRIDAY, SEPTEMBER 23, 1881.

1071

Legislative advances .................... . 47,628 98 Civil advances . . . . . . . . . . .............. . 10,733 05 Bonds and coupons paid ................ . 285,063 65 Cash in vault ........................... . 62,734 47

$782,888 88

Mr. Day, chairman on the part of the House of the joint committee to investigate the standing and affairs of the Marietta and North Georgia Railroad, submitted the following report :

Mr. Speaker :

We, the committee appointed by your joint resolu-

tion to investigate and report upon the standing of the

affairs of the Marietta and North Georgia Railroad

Company with the State, beg leave to report that we have

discharged the duty imposed and find that the company

was entitled to the net proceeds of the hire of the con-

victs for four years, and have received from the State, under the act granting them the loan of the net pro-

proceeds arising from the hire of the convicts of this

State and the purchase of the engine and iron of the

Memphis Branch Railroad, the sum of $56,898.28,

which was the amount due by the company to the

State, for which the State holds the bonds of the com-

pany of different dates, and for different amounts, all

bearing interest at seven per cent. per annum, and all

falling due July 1, 1897.

.

We find that this fund has been properly expended in the building of the road, as will appear by refer-

ence to the report of a committee recently appointed

by the Governor to examine and appraise the road, a

copy of which report is hereto attached, marked

"Exhibit A," by reference to which it will be seen that

the road, with its rolling stock on hand May 30, 1881,

was appraised by them at 8154,824.67, which we think

was a fair valuation of the road at that time, and it

1072

JoURNAL OF THE HOUSE,

is but fair to state that it cost the company a much larger sum than this.
We find that since this appraisement was made, the sum ot $42,307.59, has been expended in the further construction and improvement of the road, and that contracts have been given out to the amount of $28,600.00 for rails, engines and cars, which are now being received. We find the work now being done to be far superior to that of the first twenty miles of the road that has been completed and put in operation, but there are now several squads of hands engaged in straightening the curves and reducing the grades on the first twenty miles, so as to put it jn a first class condition.
We find it quite a difficult matter to find exactly the number of convicts in the control of the road at any one time, as they are continually discharging some and receiving others, but the number now in their control is about 180, about twenty of whom have not been fit for work since their reception, owing to permanent disorders with which they were afflicted at the time of their reception. In addition to this force of convicts, we find in the employ of the company about seventyfive hired laborers engaged in the construction of the road, and about forty in improving the road now in operation. We find that at no one time has the company had the number of convicts given them by the act of the General Assembly, and that the giving of them in small squads at different times, with a considerable proportion of sick, diseased and disabled men, women and boys not fit for service has been a serious obstruction and hindrance to the construction of the road ; but hitherto its greatest trouble has been the want of means, but we are glad to be able to report that we find from contracts submitted to us that the company has about completed arrangements with a responsible party having ample means, which arrangement, if carried out and concluded, will secure

FRIDAY, SEPTEMBER 23, 1881.

1073

the completion of the road to Murphy, North Carolina, to Duck Town, Tennessee, and to Rabun Gap, in the county of Rabun, in this State, within a comparatively short time.
The enterprise is an important one, in that. it developes a large section of the State, now entirely without railroad facilities, and the tax digests show a large increase in the valuations of the propezty in the counties through which the road is being located, which increase valuations is almost solely due to the contemplated building of the road and which valuations continue to increase, as the road is extended.
As to the condition of the convicts at this camp, we must say that we find them well fed and clothed, and that they have been uniformly treated with kindness and humanity, with the single exception of the convict, Mathews, about which this General Assembly already possesses all the information within our knowledge, and as the grand jury of Cherokee county have already taken the matter in hand and indicted
the guard for the offense of murder, we forbear to ex-
press any opinion regarding his guilt or innocense, but leave that matter to the jury by whom he may be tried, and when they shall have heard all the evidence on both sides, we doubt not that their verdict will speak the truth, and if the law has been violated, that it will be vindicated upon the person of the individual by whom the violation was committed, and so far as we can ascertain, was alone responsible for his conduct in this instance. Now, having performed the duties imposed upon them, your committee ask to be discharged.
vVILL J. WINN, Chairman. Senate Committee.
'\V. T. DAY, Chairman. CHAS. B. pARK, W. M. WILLINGHAM,
House Committee. 68

1074

JouRNAL OF THE HousE,

EXHIBIT A.

MARIETTA, GA., May 30, 1881. To his Excellency, Alfred H. Colquitt, Go'Vernor :
Sm---J.n compliance with an Executive order of May lOth, inst., the undersigned, appointed commissioners to examine the condition of the Marietta and North Georgia Railroad, estimate the value of the assets and to ascertain the amount that has been invested in said road by private parties, have performed the duty to which we were assigned by your order, and most respectfully submit the following report :
CONDITION OF ROAD.
The road from Marietta to Canton, a distance of 24 miles, we find to be complete and in operation. The road is a 36 inch gauge, laid with a thirty pound iron rail, track in good condition, with an equipment of two locomotives, four box and three platform cars, all in good condition for transportation of passengers and freight. In addition to this equipment, we find six platform cars in process of construction and nearly finished.
UNFINISHED GRADING.
We find, north of Canton, some six miles ofcontinn ous grading about completed and ready for track. This work is well done and permanent in character ; other detached portions of grading have been completed further north on line of road beyond the limit of our inspection, and though of value, this work is not taken into consideration as an asset of the road.

VALUE 01!' ASSETS.
The following items we regard as the legitimate assets of the road, and give to each the estimated value specified: Completed road, sidings,depots an.d turn-
tables, between Marietta and Canton, $120,000 00

FRIDAY, SEPTEMBER 23, 1881.
Two locomotives, four box and three platform cars ... , ........ ......... .
Accounts due and cash on hand ....... . Six unfinished platform cars .......... . Gradmg done, timber and ties delivered
north of Canton .................. .

1075
10,500 00 1,388 22 1,104 91
21,831 54

Total value ..............................$154,824 67
The books of the Treasurer of the road show the cost of the completed road, rolling stock and valut> of accounts dut> to be $197,475.23, being $64,482.10 in excess of our estimated value of these items; the returned estimate of the engineer in charge of construction north lf Canton, show at prices allowed, contracts for grading and timber furnished, the value of the work and material to be $28,861.18, being $7,029.64 more than the estimated value placed by commissioners on same items. We are fully satisfied that our estimated value of the assets of the road is low enough to cover any ordinary contingency.
AMOUNT INVESTED BY PRIVATE PARTIES.
We have no means of ascertaining the amount invested by private parties in this road outside of the books of the Secretary of the road. We attach to this report a statement marked 'A,'' furnished by the Secretary, giving the name of all the stockholders and the amount paid up stock held by each, which, in amount, aggregates as per statement, $107,600.00.
CONCLUSION.
While it may not be considered a part of the duty of the commission to offer any opinion as to the future of the road, we do not think it improper to state that from observation, we are convinced that should the road be Qompleted through the counties of Cherokee, Gilmer, Pickens and Fannin, it will develope one of the most desirable sections of the State, now laboring

1076

JOURNAL OF THE RoUSE,

under the great disadv~ntage of a want of transporta-

tion facilities, and by this development will add much

to the material wealth of Georgia and greatly increase

the value of taxable property in the counties lying

along and contiguous to the road.

Respectfully submitted,

J. W. ROBERTSON,

M. H. DooLY,
F. s. w .ALL.ACE.

Commission.

Mr. Sweat, 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:
A.n act to require all additional sales of personal property to be evidenced in writing, and for other purposes.
Also, an act to amend section 1312 of the Code of Georgia.
Also, an act to protect public, private and Sundayschools of this State from disturbance.
Respectfully l!lubmitted, J. L. SwEAT, Chairman.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker :
The Senate has refused to pass the following bills of the House, to-wit :
A. bill to amend section 829 of the Code of 1873, and to regulate the returns of tax on plantations through which county lines run.
Also, a bill to amend an act to provide for the reguation of railroad freight and passenger tariffs in this

FRIDAY, SEPTEMBER 23, 1881.

1077

State, to prevent unjust discrimination, and for other . purposes.
The Senate has passed the following bills of the House, to-wit :
.A. bill to amend an act chartering the Talbotton Branch Railroad Company, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill to authorize municipal corporations in this State to provide by ordinance for the forfeiture . and collection of appearance bonds, and authorize the officer presiding in any municipal court to bind over or commit to jail for violations of State laws, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to enhrge the powers of county authorities in this State, which was passed by a constitutional majority of yeas 31, nays none.
Also, a bill to protect the farming interests of the
county of Monroe by making parties who permit animals to run at large liable in damages for any trespass which such animals may commit, which was passed by a constitutional majority of yeas 28, nays none.
.A.lso, a bill to authorize the Mayor and Council of Macon to submit certain questions to the qualified voters of said city, which was passed by a constitutional majority of yeas 31, nays none.
.A.lso, a bill to amend the several acts incorporating the city of Macon, which was passed by a constitutional majority of yeas 25, nays none.
.A.lso, a bill for the appointment of county police or patrol for the territory of Richmond county not included in the incorporated limits of the city of Augusta, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to repeal an act incorporating the town of Lawtonville, which was passed by a constitutional majori~y of yeas 25, nays none.

1078

JOURNAL OF THE ROUSE,

Also, a bill to amend sections 1449, 1450, 1451, 1452, 1453 and 1454 of the Code of 1873, which was passed by a constitutional majority of yeas 26, nays none.
Also, a bill b make permanent the income of the University of Georgia, which was passed by a constitutional majority of yeas 31, nays none.
Also, a bill to amend section 4194 of the Code of 1873, which was passed by a constitutional majority of yeas 26, nays none.
Also, a bill to change the time of holding the Superior Courts for the county. of Clayton, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to amend section 3509 of the Code of 1873, which was passed by a constitutional majority of yeas 24, nays none.
Also, a bill allowing the voters of the county of Ma non to pass upon the question of sale ofliquors, which was passed by a constitutional majority of yeas 24, nays none.
Also, a bill to regulate the manner of letting out certain contracts in the county of Polk, which was passed by a constitutional majority of veas :.!7, nays none.
Also, a bill to authorize the County Commissioners of Twiggs county to purchase property at certain sales, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill to prohibit the sale of liquors within certain bounds of the county of Bibb, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill to authorize the survey, building and equipping a railroad from Covington to Ocmulgee river, which was passed by a constitutional majority of yeas 25, nays none.
Also, a bill to exempt toll-cotton from seizure and sale, under any process against the person owning or having such cotton ginned, existing prior to, or at the

FRIDAY, SEPTEMBER 23, 1881.

1079

time it was ginned, which was passed by a constitutional majority-yeas 28, nays none.
The Senate has passed the following House bills, with amendments, in which they ask the concurrence of the House, to-wit:
.A bill to incorporate the Citizens' Savings Bank of Savannah, which was passed by a constitutional majority-yeas 30, nays none.
.Also, a bill to incorporate the Dahlonega, Dawsonville and Gainesville Tel~graph and Telephone Company, which was passed by a constitutional majority -yeas 26, nays none.
.Also, a bill to incorporate the Etowah and BI ue Ridge Railroad Company, which was passed by a constitutional majority-yeas 25, nays none.
.Also, a bill to incorporate the Elberton and Petersburg Railroad Company, which was passed by a constitutional majority-yeas 28, nays none.
.Also, a bill to incorporate the South-side Street Railroad Company of the city of .Atlanta, which was passed by a constitutional majority-yeas 27, nays none.
.Also, a bill to prohibit the fishing in the waters of certain parties in the county of Lowndes, which was passed by a constitutional majority-yeas 26, nays none.
.Also, a bill to regulate the pratice in equity causes referred to Masters in Chancery, and to prescribe the mode of trial of exceptions filed to the reports of Masters in Chancery, which was passed by a constitutional majority-yeas 25, nays none.
The following bill of the House has been indefinitely postponed, to-wit:
.A bill to create a Board of Commissioners of Roads and Revenues in the county of Hancock.
Mr. Maddox, chairman of the co=nmittee to investi-

1080

JOURNAL OF THE HOUSE,

gate the lease of the Western and Atlantic Railroad, submitted the following report :

Mr. Speaker :
The joint special committee appointed under a resolution of the General Assembly authorizing and directing an investigation of the lease of the Western and Atlantic Railroad, beg leave to submit the following report :
Impressed with the magnitude of the question sub mitted, and the intricate legal proposition involved in the subject matter of investigation, your committee have made as patient, pain-taking and thorough examination and inquiry into the ownership and condition of the lease as has been possible, consistent with the proper discharge of other duties devolved upon them as members of the General Assembly, and they deem it not improper here to state that owing to said duties and the difficulty experienced in procuring the attendance of witnesses, some of whom reside at remote distances, it has been impossible to report at an earlier day, the testimony which is herewith submitted, and tbe findings and conclusions of your committee thereon.
From the evidence your committee find-
1. That there has been no violation of so much of the lease act as was intended to prohibit discriminations in favor of or against any company or persons having business connections or relations with the Western and Atlantic Railroad.
2. That, in the opinion of the committee, the evidence raises a strong presumption that a majority of the stock in said lease is not bonafide owned and controlled by Georgians.
3. A question as to the validity of the bond by the lessees to the State was made and discussed in the committee, on which question they failed to agree.

FRIDA.Y, SEPTEMBER 23, 1881.

1081

But your committee have agreed upon and recommend the adoption of the following resolutions, to-wit:
Be it resolved by the Senate and House of Represen-
tatives of the State of Georgia, That his Excellency
the Governot be and he is hereby requested to transmit to the Attorney-General of the State the evidence herewith submitted, and direct him to make a critical and careful examination of the same, and if, in his, the said Attorney-General's, opinion, from such examination or such other facts as he may be able to obtain, he should conclude that a majority of the stock in said lease is not bona fide owned and controlled by residents of the State of Georgia, and that the same, under the terms of the lease act, works a forfeiture of said lease, that he then be instructed to institute suitable and necessary proceedings to forfeit and annul said lease and for the recovery of such property in the bauds of theWestern and Atlantic Railroad Company as the State may be entitled to.
Resolved further, That his Excellency the Governor be and he is hereby requested to submit the bond given by the lessees, and all the papers and evidence connected therewith or relating thereto, to the Attorney-General, and instruct him to examine the same thoroughly and report to the Governor the result of his investigation; and should such report be adverse to the validity of the bond, then his Excellency the Governor shall cause notice of the same to be given to the President of the Western and Atlantic Railroad Company, at. the same time calling upon him to exe cute a new bond or perfect the present one within sixty days from the date of service of said notice, and upon the failure of said company to comply with said demand within the time specified, the Governor shall direct the Attorney-General to institute proceedings to have said lease forfeited, and to take such other steps as may be by him deemed necessary to recover such property now in the possession of. the Western and

1082

JoURNAL OF THE HOUSE,

Atlantic Railroad Company as the State shall and may be entitled to.
Respectfully submitted, A. T. HACKETT, Chairman ; W. B. BuTT, J A:r.IES G. p ARKR, DuPoNT GuERRY, P. W. MELDRIM,
Committee on part of the Senate.
JOHN W. MADDOX, Chairman ; F. C. FosTER,
H. c. RONEY,
W. R. RANKIN, C. A. TURNER, JoHN J. HUNT, T. D. HIGHTOWER, Committee on part of House Representatives.
The following Senate bill was read the second time, to-wit:
A bill to provide for the more efficient granting of diplomas by medical colleges.
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 93, nays 3-to-wit:
A bill to prescribe the fees of Sheriffs in this State, and to provide for the payment of the same.
The following Senate bill was read the third time, to-wit:
A bill to make it a misdemeanor for any person or persons to carry to any place in this State where people are assembled for divine worship, or for Sundayschool, or for a Sunday-school celebration, any intoxicating liquor, and to provide a punishment therefor, and for other purposes.
Mr. Wheeler moved to indefinitely postpone the bill, which motion did not prevail.

FRIDAY, SEPTEMBER 23, 1881.

1083

Mr. Sweat proposed to amend the amendment of the committee by inserting the words "medicin:tl or." The amendment was adopted. By nnanimous consent the verbiage of this amendment was changed.
Mr. Mcintosh proposed an amendment making the bill include day school celebration. The amendment was adopted.
Mr. Miller called for the previous question; the call was sustained and the main question ordered;
The report of the committee, as amended, was agreed to.

Mr. Middlebrook called for the yeas and nays on the passage of the bill ; the call was sustaind, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Bacon of Chatham, Barnes, Bates, Beatty, Bird, Brewer, Broyles, Burch, Carter, Carithers, Christie, Clark, Coffin, Cook, Urumbley, Daniel, Davis of Habersham, Day, Denton, Dial, DnBignon, DuPree of Macon, Dyer, Dykes, Edwards, Estes, Farnell, Flynt, Fordham, Fuller, Garrard, Gray, Hammond, Harrell, Heard, Heath, Hester, Hightower of Early, Hutchins, Jackson of Carroll,Johnson of Lee, Jones of DeKalb, Julian, Kennedy, Kimsey, Lamar, Lonnon, Lewis, Little, Martin of Talbot, Mays of Butts, McAllister, McClure, Mcintosh, McKinney, McLeod, McLucas, Miller, Milner, Moore of Hancock, Moore of Pierce, Morrow, Nichols, Northen, Orr, Park, Patterson, Peek, Post, Price, Quillian, Render, Ritchie, Robins, Roney, Sellars, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stapleton, Strother, Summerlin, Sumner, Sweat, Thompson, Turner of Monroe, Turnipseed, Walker of Berrien, "\Valker of Crawford, Walker of Jasper, Whittle, \Villiams, \Villingham, Wilkinson, Wilson of Camden, Wilson of Gret>ne, Wright, Youngblood, Zachry-102.

1084

JOURNAL OF THE HOUSE,

Those voting in the negative are Messrs.-
Awtry, Basinger, Branch, Bull, Cameron, Davis of Lumpkin, DuPree of Pike, Feagin, Goodrich, Hale, Henry, Hill, Hunt, James, Janes, Jemison, Johnson of Johnson, T~nes of Baker, Keil, Lamb, Lester, Maddox, Mathews, Mays of Richmond, McCants, McClellan, Middlebrook, Rainey, Rawlins, Reese, Scruggs, Singleton, Stanford, Tharpe, Turner of Floyd, Wheeler, Wilson of Bulloch, Withrow, Zellars-39.

Those not voting are Messrs.-
Anderson of Newton, Arrington, Barrow, Bennett, Branson, Brinson, Crawford, Crozier, Foster, Gaskins, Hagen, Hall, Harp, Hightower of Stewart, Hillyer, Jackson of Richmond, Martin of Houston, McBride, Mitchell, Moore of Taliaferro, Palmour, Perkins, Polhill, Rankin, Rice, Sapp, Shockley, Silman, Story, Twiggs, Wingfield, Winslow, Mr. Speaker-33.
So the requisite constitutional majority having voted in the affirmative, the bill passed.
On motion of Mr. Miller, the following resolution was taken up, to-wit:
A resolution fixing the day of adjournment of the General Assembly.
The Senate amendment was amended so as to make it read Saturday the 24th instant at 12 o'clock, midnight, and concurred in, as amended.
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 93, nays noae-to-wit :
A bill to change the time of holding the Superior Court of Bulloch county.
The following Senate bill was read the second time, to-wit:
A bill to fix the fees of public weighers of cotton,

FRIDAY, SEPTEMBER 23, 1881.

1085

and to punish the charging and taking of excessivA fees.
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 98, nays none-to-wit:
A bill to amend the County Court laws of this State, and to alter and regulate the provisions for compensation ofthe County Court .Tudges, and to alter and regulate the mode of procuring jurors in said court, and to provide for their compensation and the payment of cost.
Mr. Jackson, of Carroll, offered the following resolution, which was read and agreed to, to-wit:
A resolution for immediatley transmitting to the President of the United States, a petition for the pardon of persons convicted of violations of the revenue laws.
Leave of absence was granted to Mr. Palmour, for the balance of the session.
The Honse then adjourned till 3:30 o'clock p. m.

3:30 O'CLOCK, P.M. The House re-assembled, the Speaker in the chair.
On motion of Mr. Wheeler, the roll call was dispensed with.
The Senate amendments to the following bills were concurred in, to-wit:
A bill to regulate the practice in equity in cases referred to Masters in Chancery, etc.
Also, a bill to incorporate the town of Morrows, in the county of Clayton.
Also, a bill to incorporte the Gainesville, Dawsonville and Dahlonega Telegraph and Telephone Com pany.

1086

JouRNAL oF THE HousE,

.Also, a bill to amend the charter of the town of ,Tennille.
Also, a bill to incorporate the Citizen's Saving Bank of Savannah.
Also, a bill to incorporate the Elberton and Petersburg Railroad Company.
.Also, a bill to incorporate the South Side Street Railroad Company.
Also, a bill to amend an act to construct a railroad from Elberton to intersect with the New York and New Orleans .Air-Line Railroad.
Also, a bill to incorporate the Etowah and Blue Ridge Railroad Company.
Also, a bill to authorize the authorities of Savannah to tax the propt>rty of the Savannah, Florida and Western Railway in said city.
Also, a bill to amend section 1562 of the Code of 1873.
Leave of absence was granted to Mr. Hagen on account of sickness in his family.

Mr. N orthen, chairman of the Committee on Education, submitted the following report:
Mr. Speaker :
The Committee on Education have considered the following Senate bill, which they recommend do pass, to-wit:
A bill to be entitled an act to amend section 19 of the public school laws of Georgia.
Respectfully submitted, W. J. N ORTHEN, Chairman.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof, towit:
Mr. Speaker :
The Senate has passed the following bills of the

FRIDAY, SEPTEMBER 23, 1881.

1087

House, with amendments, in which they ask the con- currence of the House, to- wit :
A bill to amend an act relating to fences and stock and for the protection of crops, and for other purposes, which was passed by a constitutional majority of yeas 33, nays none.
.Also, a bill to establish a Board of Pharmaceutic Examiners, which was passed by a constitutional majority of yeas 32, nays none.
.Also, a bill to amend the charter of the city of Savannah, which was passed by a constitutional majority, yeas 33, nays none.
.Also, a bill to submit to the legal voters of Sumter county the question ot sale of liquors in said county, which was passed by a constitutional majority-yeas 27, nays none.
.Also, a bill to amend section 3698 of the Code of 1873, which was passed by a constitutional majorityyeas 32, nays none.
The Senate has passed the following bills of the House, to-wit:
.A. bill to amend section 4368 of the Code of 1873, which was passed by a constitutional majority-yeas 28, nays none.
.Also, a bill to reqnire the chairman of the Honse Committee on Finance to keep a register of certain bills, which was passed by a constitutional majorityyeas 34, nays none.
.Also, a bill to provide for the payment of the reward offered for the arrest of Charles F. Killey, which. was passed by a constitutional majority-yeas 35, nays none.
.Also, a bill to amend an act incorporating the town of Summerville, which was passed by a constitutional majority-yeas 33, nays none.
.Also, a bill for the better protection of creditors in cases of voluntary assignments by insolvent debtors,

1088

JouRNAL oF THE HousE,

which was passed by a constitutional majority-yeas 31, nays none.
Also, a bill to amend section 4505 of the Code of 1873, which was passed by a constitutional majority -yeas 32, nays none.
Also, a bill to incorporate the Monticello and TransOcmulgee Railroad Company, which was passed by a constitutional majority-yeas 30, nays none.
Also, a bill to provide compensation for the Sheriff of the Supreme Court in pauper cases, which was passed by a constitutional majority-yeas 29, nays none .
.Also, a bill to enable the trustees of the University of Georgia to inaugurate a system of free tuition in that institution, which was passed by a constitutional majority-yeas 26, nays 13.
Also, a bill to repeal an act creating a Board ot' Commissioners for the county of Madison, which was passed by a constitutional majority-yeas 32, nays none.
Also, a bill to amend an act for the better organization of the volunteer troops of this State, which was passed by a constitutional majority-yeas 33, nays none.
Also, a bill to prescribe the manner of making returns by Insurance Companies to:the Comptroller General, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to charter th~ Middle Georgia Railroad, which was passed by a constitutional majority of yeas 32, nays none.
The Senate has concurred in the following resolutions of the House :
A resolution requesting the Governor to have the obstructions in the Savannah river, above Augusta, investigated.
Also, a resolution in reference to paying certain

FRIDAY, SEPrEMBER 23, 1881.

1089

coupons of bonds of the Macon and Brunswick Railroad, which was passed by a constitutional majority of yeas 33, nays none.
The following bill of the House has been indefinitely postponed, to-wit:
A bill regulating the paying of teachers of the public schools of this State.
The following Senate bill was read the second time, to-wit:
A bill to amend section 19 of the public school laws of Georgia.
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 88, nays none-to-wit:
A bill declaring persons who cannot read and write incompetent to serve as election ma~agers.
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 constitutiona1 majority-yeas 100, nays 8-to-wit:
A bill to prescribe the fees of Clerks of the Superior Court in this State, and to provide for the payment ofthe same.
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 100, nays 3-to-wit:
A bill to amend section 4612 of the Code of 1873.
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 majorityyeas 89, nays 10-to-wit :
A bill to amend section 4355 of the Code of 1873, which relates to the punishment of bestiality.
The following Senate bill was read the third time, the report of the committee was agreed to, and the bill
69

1090

JOURNAL OJ!' THE HOUSE,

passed by the requisite constitutional majority-yeas 97, nays none-to-wit:
A bill to re-apportion the House of Representatives of this State.
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 98, nays none-to-wit:
.A. bill to make it penal to point or aim fire-arms at another, whether loaded or unloaded.
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 92, nays 4-to-wit :
A bill to declare that the wife shall be a competent witness against her husband upon the trial of the husband for any criminal offense committed or attempted to have been committed upon the person of the wife.
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 97, nays none-to-wit:
.A. bill to authorize the County Boards of Education, and the Boards of Education in the city of Savannah and other cities of the State of Georgia, to require scholars to be vaccinated before admission to the schools.

Mr. Hutchins, chairman of the Committee on Finance, submitted the following report :
Mr. Speaker: The Committee on Finance have had under their
considerationA resolution to abolish the office of State Geologist
in the State of Georgia. Which they recommend be agreed to, by substitute.
Also, a resolution in relation to the payment of cer-

FRIDAY, SEPTEMBER 23, 1881.

1091

tain bills for printing and advertising for the Railroad Commission.
Which they recommend be not adopted. Respectfully submitted,
N. L. HuTCHINS, Chairman.

By unanimous consent, the following resolution was read and agreed to, by substitute, to-wit:
A resolution in regard to the office of State Geologist.
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 97, nays none-to wit:
A bill to repeal an act to establieh 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.
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 majorityyeas 99, nays none-to-wit:
A bill to amend section 2048 of the Code of 1873.
The following Senate bill was read the third time, the report of the committee was agreed to, and the bill passed, the requisite constitutional majority having voted in the affirmative-yeas 91, nays none-to-wit:
A bill to provide for the service of notice in writing of the time and place of trial upon road defaulters.
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 99, nays none-to- wit :
A bill to regulate the practice and to prescribe the form of pauper oath in carrying cases to the Supreme Court.
The following Senate bill was read the third time, the

1092

JOURNAL OF THE HOUSE,

report of the committee was agreed to, and the bill passed by the requisite constitutional majority-yeas 91, nays none-to-wit:
.A bill to provide for the collection of insolvent tax executions.
On motion of Mr. Hutchins, the House then adjourned till 10 o'clock a. m. to-morrow.

.ATLANTA, GEORGIA,
Saturday, September 24, 1881.
The Rouse met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. Mr. Clarke, of t)le House.
On motion of Mr. Moore, of Pierce, the roll call was dispensed with.
Mr. James, from the Committee on Journals, re ported the Journal of yesterday examined and approved.
The Journal was then read and approved.
On motion of Mr. Maddox, the report of the committee to investigate the lease of the Western and .Atlantic Railroad was made the special order for this afternoon, immediately after the re-assembling of the House.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following bills of the House, to-wit:
.A bill to incorporate the town of Millen, which was passed by a constitutional majority-yeas 33, nays none.
.Also, a bill to amend an act repealing the several acts establishing Commissioners of Roads and Rev-

SATURDAY, SEPTEMBER 24, 1881.

1093

enues in the counties of Jones, Chattahoochee, Douglas, Bulloch, Heard and Lumpkin, which was passed by a constitutional majority-yeas 37, nays none.
.Also, a bill to incorporate the town of Grovetown, which was passed by a constitutional majority-yeas 30, nays none.
.Also, a bill to incorporate the Georgia Southern and Florida Railroad Company, which was passed by a constitutional majority-yeas 29, nays none.
.Also, a bill to incorporate the Covington and North Georgia Railroad Company, which was passed by a constitutional majority-yeas 29, nays none.
.Also, a bill to authorize the crossing of a certain canal in the city of Savannah, which was passed by a constitutional majority-yeas 38, pays none.
.Also, a bill to amend an act approved March 2, 1875, relating to the county of Butts, which was passed by a constitutional majority of yeas 34, nays none.
The Senate has passed the following bills of the House, with amendments, in which they ask the concurrence of the House, to-wit:
A bill to incorporate the Elberton and Point Peter Railroad Company, which was passed by a constitutional majority of yeas 35, nays none.
.Also, a bill to incorporate the town of Alapaha, which was passed by a constitutional majority of yeas 29, nays none.
.Also, a bill to amend an act incorporating the Baptist Convention of the State of Georgia, which was passed by a constitutional majority of yeas 37, nays none.
-Also, a bill to prohibit the sale of liquors in the county of Walton, which was passed by a constitutional majority of yeas 35, nays none.
The Senate.has concurred in the amendments of the House to the following bills of the Senate, to-wit:
A bill to make it a misdemeanor for any person to carry any liquors to places of divine worship.

1094

JOURNAL OF THE HoUSE,

Also, a bill to prescribe the fees of Sheriffs in this State.
Also, a bill to provide for the better protection of life and property from the sale of petroleum oil.
Also, a bill to incorporate railroad companies in this State.
Also, a bill to amend the County Court laws of this State.
Also, a bill to declare the wife a competent witness against the husband in certain cases.
The Senate has concurred in the following resolution of the House, to-wit:
A resolution requesting the President of the United States to pardon the violators of the revenue laws re siding in this State.
The Senate has concurred in certain amendments, and refused to concur in certain other amendments of the following bill of the Hiouse, to-wit:
A bill to prescribe the fees of Clerks of the Superior Court of this State.

The following message was received from the Senate,

through Mr. Harris, Secretary thereof:

Mr. Speaker :

The Senate has passed the following House bill, to-

wil:



A bill to authorize the commissioner and adjustant

of the claims due to Howard VanEpps for insolvent

costs due him as Solicitor-General of the City Court of

Atlanta, and to provide for the payment thereof-yeas

32, nays none.

The Senate amendments to the followng bills were

concurred in, to-wit:

'

A bill to incorporate the Elberton and Point Peter

Railroad Company.

Also, a bill to submit to the legal voters of Sumter

county the question of prohibiting the sale of spirit-

uous or malt liquors in said county.

SATURDAY, SEPTEMBER 24, 1881.

1095

Also, a bill to establish a Board of Pharmaceutic Examiners to define the powers and duties of said board.
Also, a bill to amend the fence and stock law, so as to make the same apply to either part or portion of any county that is divided by any water course that is or shall be deemed fences.
Also, a bill to repeal so much of the charter of the city of Savannah, and the acts amendatory thereof, as providf's for the election of a Jailor by the Mayor and Alderman of the city of Savannah:
Also, a bill to incorporate the town of .Alapaha, in Berrien county.
Also, a bill to amend an act to amend an act amendatory of an act to incorporate the Baptist Convention of Georgia, and to authorize certain trustees of Mercer University to make by-laws for the government of Penfield, assembled to 28th of December, 1838, and to place the government of Penfield in the hands of commissioners.
Also, a bill to amend section 3698 of the Code of 1873, in regard to fees of Jailors.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker :
The Senate has refused to pass the following bills of the Honse, to wit :
A bill to amend section 3214 of the Code of 1873. Also, a bill to amend section 1427 of the Code of 1873. Also, a bill to amend section 4565 of the Code of 1873. Also, a bill to amend the road laws of this State. Also, a bill to prevent the spread of the disease among animals known as glanders. .Also, a bill to carry"into effect paragraph 6, of section 4, article 5 of the Constitution.

1096

JOURNAL OF THE HOUSE,

.Also, a bill to provide for the punishment of dealers at any gambling table, and for other purposes.
.Also, a bill to make all companies selling fertilizers to give certain warranties on the same.
The Senate has concurred in the following resolutions of the Honse, to-wit:
.A resolution relating to loaning books by the State Librarian .
.Also, a resolution authorizing the Governor to make investigations as to lease of Indian Springs reservation.
Also, a resolution relating to certain lots of land on the line of the Macon and Brunswick Railroad.
Also, a resolution requesting the Governor to investigate the case of James Denton, a convict lately in charge of the Marietta and North Georgia Railroad.
The Senate has passed the following bills of the House, to-wit:
.A. bill to levy and collect a tax from dealers in iron safes doing business in this State, which was passed by a constitutional majority of yeas 27, nays 5.
Also, a bill to regulate and fix the time of holding &lections by the General Assembly, which was passed by a constitutional majority of yeas 34, nays none.
.Also, a bill to make it unlawful for any person owning cotton compresses to cut from any bale of cotton any bagging enclosing the same, which was passed by a constitutional majority of yeas 31, nays none.
Also, a bill to appropriate money for the compensation of VanDyke, Cook & VanDyke and N. J. Hammond for certain purposes, which was passed by a constitutional majority of yeas 35, nays none.
Also, a bill for the incorporation of companies formed within this State to navigate the ocean, seas and rivers by steam vessels, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill to incorporate the Walton Railroad

SATURDAY, SEPTE1t!BER 24, 1881.

1097

Company, which was passed by a constitutional majority of yeas 34, nays none.
Also, a bill to require owners of certain stock to keep the same from running at large in the county of Putcam, which was passed by a constitutional majority of yeas 33, nays none.
The Senate has passed the following bills of the House, with amendments, in which they ask the concurrence of the House, to-wit:
A bill to provide for the registration of certain voters in the city of Savannah, which was passed by a constitutional majority of yeas 37, nays none.
Also, a bill to appropriate monfly for balance due
William ,V. Holt, which was passed by a constitu-
tional majority of yeas 33, nays none.
The Senate has indefinitely postponed the following bill of the House, to-wit:
A bill to apportion among the several counties of this State the whole number of Representatives of which the House of Representatives, ulider the Constitution, is composed, and so forth.

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following rPport :

Mr. Speaker :
The Committee on Enrollment report as duJy enrolled, and ready for the signature of the Speaker ot the House of Representatives, the following acts, towit:
An act to encourage the culture of fish in the Ocean Pond and in all waters, lakes and ponds on land lots Nos. 78, 106, 107, 108, 124 and 154, 16th district, G. M., Lowndes county.
Also, an act to exempt toll cotton, received by the ginners of this State, from judgment, lien or decree against the person owning the same.

1098

JoURNAL OF THE HOUSE,

Also, an act to authorize the building a railroad from Covington, Newton county, to the Ocmulgee river.
Also, an act to prohibit the selling or furnishing liquor in the 483d district, G. M.
Also, an act to authorize the commissioners of Twiggs county to purchase property advertised for sale for State and county taxes.
Also, au act to regulate the manner of letting out contracts to build or repair public bridges, causeways or other public works in Polk county.
Also, an act to allow the voters of Macon county to pass upon prohibiting the sale of spirituous liquor in Macon county.
Also, an act to amend section 3509 of the Code of 1873.
Also, an act to change the time of holding the Superior Court for Clayton county.
Also, an act to prescribe the mode of equity of practice in certain cases.
Also, an act to make permanent the incomes of the University of Georgia.
Also, an act to extend and make applicable the provisions of sections 1449, 1450, 1451, 1452, 1453 and 1454 of the Code to the 31st, 38th and 260th district, G. M., in the county of Scriven.
Also, an act to repeal an act to incorporate the town of Lawtonville.
Also, an act for the appointment of county police and patron for Richmond county.
Also, an act to amend the several acts incorporating the city of Macon, in Bibb county.
Also, an act to incorporate the town of Alapaha, in the county of Berrien.
Also, an act to alter and amend the several acts incorporating the Baptist Convention of the State of Georgia.
Also, an act to authorize the crossing by bridge or

SATURDAY, SEPTEMBER 24, 1881.

1099.

track of the outlet of the Savannah and Ogeechee canal below the lock in the city of Savannah.
Also, an act to prohibit the sale of whisky in the county of Walton.
Also, an act to amend an act approved March 2, 1875, relating to the county of Butts, and for other purposes, applies to the 217th, 21St and 220th militia district of Clark county.
Also, an act to authorize the Mayor and Council of the city of Macon to submit to a vote the question of purchasing t~e Holdridge property for school purposes.
Also, an act to protect the farming interest of Monroe county in this State.
Also, an act to enlarge the powers of county authorities of this State, by levying taxes for pauper :purposes.
Also, an act to authorize municipal corporations in this State to provide by ordinance for the forfeiture and collection of appearance bonds, etc.
Also, an act to amend an act incorporating the Talboton Branch Railroad Company, approved August 23, 1872.
Also, an act to regulate the practice in equity causes referred to Masters in Chancery.
Also, an act to incorporate the Dahlonega, Dawsonville and Gainesville Telephone and 'felegraph Company.
Also, an act to amend an act to incorporate the town of Tennille, in Washington county.
Also, an act to incorporate the Citizens' Savings Bank of Savannah.
Also, an act to authorize and empower the Mayor of the city of Savannah to tax the property of the Savannah, Florida and Western Railroad.
Also, an act to incorporate the Elberton and Petersburg Railroad Company.

1100

JOURNAL OF THE HOUSE,

Also, an act to incorporate the South-side Street Railroad Company.
Also, an act to amend the charter of the Elberton Air-Line Railroad.
Also, an act to incorporate the Etowah and Blue Ridge Railroad Company.
Also. an act to incorporate the town of Morrow, in the county of Clayton.
Also, an act to amend section 1562 of the Code of 1873.
Also, an act to charter the Middle Georgia Railroad Company.
Also, an act to prescribe the mode and manner of making Insurance returns to Comptroller-General.
Also, an act to amend act to provide for the better organization, government and discipline of the volunteers of this State.
Also, an act to repeal an act creating a Board of Commissioners of Roads and Revenue for the county of Madison.
Also, an act to enable the trustees of the University of Georgia to inaugurate a system of free tuition in that institution.
Also, an act to provide compensation for the Sheriff of the Supreme Court of this State in pauper cases.
Also, an act to incorporate the Monticello and Trans-Ocmulgee Railroad Company.
Also, an act to amend section 4505 of the Code of Georgia.
Also, an act to protect creditors in cases of voluntary assignment by insolvent debtors.
Also, an act to incorporate the town of Summerville, in Chattooga county.
Also, an act to provide for the payment of Ben. F. Culp and John B. Burch for the arrest of Charles F. Kelly.
Also, an act to require the chairman of the House Finance Committee to keep a register.

SATURDAY, SEPTEMBER 24, 1881.

1101

Also, an act to amend section 4368 of the Code of 1873.
Also, an act to incorporate the town of Millen. Also, an act to amend an act to repeal the several acts establishing Commissioners of Roads and Revenue in the counties of Jones, Chattahoochee, Douglas, Bulloch and Heard, assented to September 26, 1879, so far as the same relates to the county of Douglas. Also, an act to incorporate the town of Grovetown, in the county of Columbia. Also, an act to incorporate the Georgia Southern and Florida Railroad Company. Also, an act to incorporate the Elberton and Point Peter Railroad Company. .Also, an act to incorporate the Covington and North Georgia Railroad Company. Also, an act for the relief of Howard Van Epps, former Solicitor City Court of Atlanta. Respectfully submitted,
J. L. SWEAT, Chairman.

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 15-to-wit:
A bill to fix the fees of public weighers of cotton, and to punish the charging of excessive fees.
The following House bill, amended in the Senate, was taken up, to-wit:
A bill to prohibit the sale of liquors in the county of Walton, and to provide for holding an election at which the question of such prohibition shall be submitted to the qualified voters of said county.
The House refused to concur in the first, fourth, fifth, ninth and tenth Senate amendments.
The House amended the second, third and sixth Senate amendments, and concurred in them as amended.

1102

JouRN.AL oF THE HousE,

The House concurred in the seventh and eighth Senate-amendments.

Mr. Peek, chairman pro tem. of the Committee on .Agriculture, submitted the fol1owing report:

Mr. Speaker :

The Committee on Agriculture have had under con-

sideration the following Senate bill, which they instruct

me to report back, with the recommendation that it do

not pass, to-wit:

.A bill to be entitled an act to amend section 1044 of

the Code of 1873, in relation to inclosures by ditches,

etc.

Respectfully submitted,



W. L. PEEK, Chairman protem.

The following Senate bill, amended in the House, and in some of the amendments to which the Senate refused to concur, was taken up, to-wit:
.A bill to fix the the fees of Clerks of the Superior Court of this State.
The House receded from its amendment in regard to the fee for each certiorari case.
The House refused to recede from its amendment in regard to recording motions.
The House receded from its amendment reducing the fee for attending court to $2 per day.
The House insisted upon its amendment to the 71, 72d, 73d, 74th and 75th lines.
The House receded from the amendment to the 91st line, striking out $6 and inserting $5.
The House insisted upon its amendment striking lines 99 to 103

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report :
Mr. Speaker: The Committee on Enrollment report as duly en-

SATURDAY, SEPTEMBER 24, 1881. ~ 1103
rolled, and ready for the signature of the Speaker of the House of Representatives the following resolutions, to-wit:
A resolution requesting the Governor to have the obstructions in the Savannah river, above Augusta, investigated.
Also, a resolution in reference to paying certain coupons of bonds of the Macon and Brunswick Railroad.
Also, a resolution authorizing the State Treasurer to pay interest due on ce;tain bonds of this State herein mentioned.
Also, a resolution relating to loaning books by the State Librarian.
Also, a resolution to authorize the Governor to make investigation as to the lease of the Indian Spring reservation, etc.
Also, a resolution requesting the Governor to investigate the case of James Denton, a convict lately in charge of the Marietta and North Georgia Railroad.
Also, a resolution relating to certain lots of land owned by the State of Georgia on the line of the Macon and Brunswick Railroad.
Also, a resolution requesting the President of the United States to pardon violators ofthe revenue laws.
Respectfully E~ubmitted, J. L. SWEAT, Chairman.
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 majorityyeas 90, nays none-to-wit:
A bill to prescribe and fix the legal weight of rough rice in this State.
The House concurred in the Senate amendments to the following bills, to-wit:
A bill to pay balance of salary due W. vV. Holt, formerly Judge of the Middle Circuit.

1104

JouRNAL:~oF THE HousE,

.Also, a bill to provide for the registration of voters to vote at municipal elections in the city of Savannah.

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

Mr. Speaker :
The Senate has passed the following bills of the House, to wit :
A bill to amend sections 1449, 1450, 1451, 1452, 1453 and 1454 of the Code of 1073, which was passed by a constitutional majority-yeas 24, nays none.
.Also, a bill to incorporate the Cumming and Suwanne Railroad Company, which was passed by a constitutional majority-yeas 28, nays none.
Also, a bill to encourage the building of the Marietta and North Georgia Railroad Company, which was passed by a constitutional majority-yeas 31, nays three.
Also, a bill to authorize the trustees of the State University to accept as a branch of said University a college of Agriculture and Mechanics Arts and Science, to be established at Hamilton, in this State, and for other purposes, which was passed by a constitutional majority-yeas 33, nays 5.
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 majorityyeas 89, nays 4, to-wit:
.A bill to amend section 4540 of the revised Code of 1873, so as to include servants or agents within the provisions and penalties of said section.
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 majorityyeas 96, nays none, to-wit:
A bill to provide for the restoration of the last previous name of the wife in all divorce cases now pend-

SATURDAY, SEPTEMBER 24, 1881.

1105

ing or hereafter brought, wherein the wife may pray for the same and a total divorce shall be granted.
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 reqnisite constitutional majority-yeas 91, nays none-to-wit:
A bill to alter and amend section 326 of the Code of 1873, which provides how matters, causes and proceedings pending in the Ordinary's Court are disposed of when the Ordinary is disqualified.
The following Senate bill was read the third time, and the report of the committee agreed to, to-wit :
.A bill to punish the stealing of a bale or more of cotton, and for other purposes.
Mr. Wheeler movPd to indefinitely postpone the bill, and called for the previous question ; the call was sustained and the main question ordered.
On the question of the passage of the bill, the yeas and nays were called for by Mr. Orr; the call was sustained, and on calling the roll the vote was as follows, to-wit.:
Those voting in the affirmative are Messrs.-
.Adderton, .Anderson of Cobb, .Anderson of Newton, .Arrington, .Awtry, Bacon of Chatham, Barnes, Bates, Beatty, Bennett, Bird, Branch, Brinson, Broyles, Burch, Cameron, Christie, Clark, Crozier, Crumbley, Davis of Lumpkin, Dial, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Feagin, Flynt, Fordham, Fuller, Garrard, Harrell, Heard, Heath, Hightower of Early, Hutchins, James, Janes, Jones of Baker, Jones of DeKalb, Julian, Keil, Lester, Martin of Houston, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McAllister, McBride, McCants, McClure, McClellan, McKinney, McLucas, Miller,Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, N orthen, Orr, Park, Patterson, Peek, Polhill, Post, Price, Rainey, Reese, Render,
70

1106

JOURNAL OF THE RoUSE,

Rice, Robins, Roney, Sapp, Sellars, Singleton, Smith of Oglethorpe, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd, Turnipseed, "\Valker of Berrien, Walker of Crawford, Walker of Jasper, Williams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wingfield, Withrow, Youngblood, Zachry, Zellars-105.

Those voting in the negative are Messrs.-
Basinger, Bull, Carithers, Cook, Daniel, Davis of Habersham, Day, DuBignon, Estes, Goodrich, Gray, Hale, Hammond, Henry, Hunt, Jackson of Carroll, Jemison, Johnson of Lee, Kimsey, Lamb, Lonnon, Lewis, Maddox, Middlebrook, Perkins, Quillian,Rawlins, Ritchie, Silman, Turner of Monroe, Wheeler, Whittle, Wilson of Greene, vVright-34.

Those not voting are Messrs.--
Barrow, Branson, Brewer, Carter, Coffin, Crawford, Denton, Dykes, Farnell, Foster, Gaskins, Hagen, Hall, Harp, Hester, Hightower of Stewart, Hill, Hillyer, Jackson of Richmond, Johnson of Johnson,Kennedy, Lamar, Little, Mcintosh, McLeod, Mitchell, Palmour, Rankin, Scruggs, Shockley, Smith of Union, Story, Twiggs, Winslow, Mr. Speaker-35.
So the requisite constitutional majority having voted in the affirmative, the bill passed, as amended.

The following Senate bill was read the third time, to-wit :
A bill to regulate the sale of intoxicating liquors in the State, outside of incoporated towns, cities and villages, to determine by election the granting of license to sell such liquors within incorporated towns, to prescribe a penalty, etc.
Mr. Wheeler moved to indefinitely postpone the bill.

SATURDAY, SEPTEMBER 24, 1881.

1101

Mr. Spence called for the yeas and nays ; the call was sustained, and on calling the roll the vote was as follows, to-wit :

Those voting in the affirmative are Messrs.-
Anderson of Newton, Arrington, Bacon of Chatham, Barrow, Basinger, Bennett, Brewer, Bull, Cameron, Carithers, Coffin, Daniel, Davis of Habersham, Davis of Lumpkin, Dial, DuBignon, Edwards, Fordbam, Fuller, Goodrich, Gray, Harrell, Henry, Hester, Hightower of Early, Jackson of Carroll, James, Jemison, Jones of DeKalb, Keil, Maddox, McBride, McClellan, Mcintosh, McKinney, Middlebrook, Miller, Nichols, Park, Patterson, Rankin, Rawlins, ReesE>, Rice, Scruggs, Sumner, Tharpe, Turner of Floyd, Wheeler, Willingham, Wilson of Bulloch, Withrow -52.

Those voting in the negative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Barnes, Bates, Beatty, Bird, Branch, Brinson, Broyles, Burch, Christie, Clark, Cook, Crozier, Crumbley, DuPree of Macon, DuPree of Pike, Dyer, Estes, Feagin, Flynt, Hale, Hammond, Heath, Hightower of Stewart, Hunt, Hutchins, Janes, Johnson of Lee, Julian, Kimsey, Lamb, Lannon, Lester, Lewis, Little, Martin of Hous ton, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McAllister, McCants, McClure, McLeod, McLucas, Milner, Moore of Hancock, Moore of Pierce, Morrow, Northen, Orr, Peek, Polhill, Post, Price, Quillian, Rainey, Render, Ritchie, Robins, Roney, Sapp, Sellars, Singleton, Silman, Spence, Spearman, Stanford, Stapleton, Strother, Summerlin, Sweat, Thompson, Turner of Monroe, Turnipseed, Walker of Berrien, Walker of Crawford, Walker of Jasper, Whittle, "\Villiams, Wilkinson, Wilson of Camden, Wingfield, Wright, Youngblood, Zachry, Zellars89.

1108

JOURNAL O.F THE RoUSE,

Those not voting are Messrs.-
Branson, Carter, Crawford, Day, Denton, Dykes, Farnell, Foster, Garrard, Gaskins,Hagen, Hall, Harp, Heard, Hill, Hillyer, Jackson of Richmond, Johnson, of Johnson, Jones of Baker, Kennedy, Lamar, Mitchell, Moore of Taliaferro, Palmour, Perkins, Shockley, Smith of Oglethorpe, Smith of Union, Story, Twiggs, Wilson of Greene, Winslow, Mr. ::;peaker-33.
So the motion to indefinitely postpone did not prevail.

Mr. Spence moved to adjourn until 4 o'clock p. m. The motion did not prevail.
Mr. Render called for the previous question ; the call was sustained and the main question ordered.
The report of the committee was not agreed to.
Mr. Stanford 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, to-wit:

Those voting in the affirmative are Messrs.-
Anderson of Cobb, Awtry, Barnes, Beatty, Bird, Branch, Brinson, Broyles, Burch, Carter, Christie, Clark, Cook, Crozier, Crumbley, Dial, DuPree of Pike, Dyer, Estes, Flynt, Fuller, Hammond, Heard, Hester, Hightower of Stewart, Hutchins, Johnson of Lee, Julian, Keil, Kimsey, Lamb, Lonnon, Lester, Lewis, Little, Martin of Houston, Martin of Talbot, Mays of Butts, McAllister, McClellan, Mcintosh, McKinney, McLeod, Milner, Moore of Hancock, N orthen, Orr, Peek, Perkins, Polhill, Post, Price, Quillian, Render, Roney, Sapp, Spence, Spearman, Stanford, Stapleton, Sumner, Sweat, Turner of Monroe, Turnipseed, Walker of Berrien, Walker of Jasper, Williams, Wilkinson, Wilson of Camden, Winslow, Wright, Youngblood72.

SATURDAY, SEPTEMBER 24, 1881.

1109

Those voting in the negative are Messrs.-
.A.nderson of Newton, Arrington, Bacon of Chatham, Barrow, Basinger, Bennett, Brewer, Cdmeron, Carithers, Coffin, Daniel, Davis of Habersham, Davis of Lumpkin, Day, DuBignon, DuPree of Macon, Dykes, Feagin, Fordham, Goodrich, Gray, Hale, Harrell, Henry, Hightower of Early, Hill, Hunt, Jackson of Carroll, James, Jemison, Jones of DeKalb, Lamar, Mathews, Mays of Richmond, McBride, McClure, Middlebrook, Nichols, Patterson, Rainey, Rankin, Rawlins, Reese, Rice, Ritchie, Robins, Scruggs, Singleton, Smith of Oglethorpe, Strother, Summerlin, Tharpe, Thompson, Turner of Floyd, Walker of Crawford, Wheeler, Whittle, Willingham, Wilson of Bulloch, Wilson of Greene, "\Vingfield, Withrow, Zellars-63.

Those not voting are Messrs.-
Adderton, Bates, Branson, Bull, Crawford, Denton, Edwards, Farnell, Foster, Garrard, Gaskins, Hagen, Hall, Harp, Heath, Hillyer, Jackson of Richmond, Janes, Johnson of Johnson, Jones of Baker, Kennedy, Maddox, McCants, McLucas, Miller, Mitchell, Moore of Pierce, Moore of Taliaferro, Morrow, Palmour, Park, Sellars, Shockley, Silman, Smith of Union, Story, Twiggs, Zachry, Mr. Speaker-39.
So the requisite t:onstitutional majority not having voted in the affirmative, the bill was lost.

Leave of absence was granted to Mr. Johnson, of Johnson, on account of sickness.

The House, on motion of Mr. Hill, adjourned till 4 o'clock p. m.

4 0' CLOCK, p. M. The House re-assembled, the Speaker in the chair. The following message was received from the Sen-

1110

JoURNAL OF THE HOUSE,

ate, through Mr. Harris, the Secretary th8reof, towit:
Mr. Speaker:
The Senate has agreed to the following resolution, in which they ask the concurrence of the House, towit:
A resolution concerning the lease of the Western and Atlantic Railroad Company.
The Senate recedes from its disagreements to certain amendments by the House to the following bill of the Senate, to-wit:
A bill to prescribe the fees of Clerks of the Superior Courts of this State.
The Senate has passed the following bills of the House, with amendments, in which they ask the concurrence of the House, to- wit :
A bill making additional appropriations to those containt'd in the last general appropriation act, approved December 6, 1880, and which was omitted therefrom, which was passed by the requisite constitutional majority of yeas 34, nays 1.
Also, a bill to amend an act creating a Board of Commissioners of Roads and Revenues for the county of Taylor, which was passed by a constitutional majority of yeas 34, nays none.
Also, a bill to make it a misdemeanor for any person to obstruct the free passage of timber in the w.1ters of this State, which was passed by a constitutional majority of yeas 31, nays none.
The Senate has passed the following bills of the House, to-wit:
A bill to amend section 3514 of the Code of 1873, which was passed by a constitutional majority ofyeas 32, nays none.
Also, a bill to prescribe for the compensation of cer tain public officers of this State, which was passed by a constitutional majority of yeas 30, nays 1.

S.A.TURDAy' SEPTEMBER 24, 1881.

1111

.Also, a bill to incorporate the Romney Marsh Canal and Navigation Company, whieh was passed by a constitutional majority of yeas 31, nays none.
Also, a bill to require Clerks of the Superior and City Courts to make immediate record of certain orig inal papers, which was passed by a constitutional majority of yeas 23, nays 1.
The Senate has agreed to the following resolution in which they ask the concurrence of the House, towit:
.A resolution appointing a committee to ascertain if it is possible for the General Assembly to adjourn at 12 o'clock to.night, and have appointed on the part of the Senate-Messrs. Hackett and MeWhorter.
The Senate has concurred in the amendment of the House to the following bill of the Senate, to-wit:
A bill to punish the stealing of one or more bales of cotton.
On motion of Mr. Wright, the following Senate resolution was taken up, read and agreed to, to-wit:
.A resolution to appoint a committee of two from the Senate and three from the House to examine into the state of the business before the two houses, and report if it be possible to adjourn sine die at 12 o'clock t<>night.
The Speaker appointed as the committee on the part of the House-Messrs. Wright, Polhill and Estes.
On motion of Mr. Maddox, the following Senate resolution was taken up, read and agreed to, to-wit:
.A resolution concerning the lease of the Western and Atlantic Railroad.
The following Senate bill was read the third time and lost, the requisite constitutional majority not having voted in the affirmative-yeas 71, nays 29-to-wit:
A bill to amend section 19 of the public school laws of Georgia.

1112

JOURNAL OF THE HOUSE,

By permission of the House, Mr. Martin, of Houston, withdrew House resolution No. 143.
By unanimous consent, Mr. Martin, of Houston, then offered the following resolution, which was read and agreed to, to-wit:
A resolution to authorize the Governor to pay certain advertising bills of the Railroad Commission out of the "public printing" fund.
The following House bills, amended in the Senate, were taken up and the Senate amendments concurred in, to-wit:
A bill to make it a misdemeanor to obstruct the free passage of timber on the water courses in this State.
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Taylor, approved October 20, 1879.
The following Senate bill was read the third time, the report of the committee was not agreed to, and the bill lost-yeas 44, nays 65-to-wit:
A bill to provide for the appointment of a committee of Senators and Representatives to act as a Board of Visitors to the State University, 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 majorityyeas 105, nays none-to-wit:
A bill to repeal the last clause of section 441 of the Code of 1873, and to amend said section, so far as the same declares eligible and qualified for the office of Justice of the Peace.
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 100, nays none-to-wit:
A bill to provide an additional mode of obtaining tales jurors in trials for a felony, and to provide compensation for such jurors,

SATURDAY, SEPTEMBER 24, 1881.

1113

Mr. Wright, chairman on the part of the House to

examine into the business of the two houses and re-

port on the time of adjournment sine die, submitted

the following report :



Mr. Speaker:
The joint committee appointed by the Senate and House under a rPsolution directing them to inquire into the business of the General Assembly and ascertain if it is possible to adjourn at 12 o'clock to- night, beg leave to report, after looking into business, that we cannot, with due regard to the J>Ublic interest, adjourn sine die before Tuesday evening next.
A. T. HACKETT, R. L. McWHORTER,
On part of Senate.
SEABORN WRIGHT,
.ToHN B. EsTEs, J. H. PoLHILL,
On part of House.

On motion of Mr. Wright, the report was taken up, read and concurred in.

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report :
.~..lfr. Speaker:
The Committee on Enrollment report as duly enrolled, and ready for the signature of the Speaker ot the House of Representatives, the following acts, towit:
An act to levy and collect a tax from dealers in iron safes, doing business in this State.
Also, an act to alter and amend section 3698 of the Revised Code of 1873.
Also, an act to amend so much 0f the charter of Savannah as provides for the election of a Jailor by the Mayor and Aldermen,

1114

JOURNAL OF THE HoUSE,

.Also, an act to amend an act relating to fence and stock, and for the protection of crops, etc.
.Also, an act to establish a Board of Pharmaceutic Examiners for the State of Georgia.
.Also, an act to submit to the legal voters of Sumter county the question of prohibiting the sale of spirituous liquors in Sumter county.
.Also, an act to incorporate companies formed within this State.
.Also, an act to regulate and fix the time of holding elections by the General .Assembly.
.Also, an act to make it unlawful for persons owning a cotton compress to cut from any bale of cotton, etc.
.Also, an act to appropriate money to pay VanDyke, Cook and VanDyke, and N.J. .Hammond, for services rendered.
.Also, an act to amend an act to incorporate the Walton Railroad Company.
.Also, an act to require the owners of all horses, mules, sheep, etc., to keep the same from running at large, in Putnam county.
.Also, an act to appropriate money to pay W. W. Holt, etc.
.Also, an act to provide for the registration of voters in the city of Savannah.
.Also, an act to provide for a settlement and adjustment of the claims of the State against the Marietta and North Georgia Railroad Company on the terms herein stated.
.Also, an act to establish a branch College of .Agriculture at Hamilton, in this State.
.Also, an act to extend the provisions of sections 1449, 1450, 1451, 1452, 1453 and 1454 of the Code of 1873.
.Also, an act to incorporate the Cumming and Suwanne Railroad Company.
.Also, an act to require Clerks of the Superior and City Courts to make immediate record of certain original papers filed in said courts.

SATURDAY, SEPTEMBER 24, 1881.

1115

.Also, an act to amend an act to amend section 3514 of the Code of 1873.
Also, an act to provide for the compensation of certain public officers of this State.
Also, an act to incorporate the Romney Marsh Canal and Navigation Company.
Respectfully Elubmitted, J. L. SwEAT, Chairman.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker :
The Senate has passed the following bills of the House, to-wit:
.A. bill to amend section 1631 of the Code of 1873, which was passed by a constitutional majority of yeas 32, nays none.
.Also, a bill to appropriate money to the Deaf and Dumb Asylum, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill t<_, appropriate money for the purchase of books for the State Library, which was passed by a constitutional majority of yeas 28, nays none.
.Also, a bill to create a Board of Commissioners of Roads and Revenues in the county of Polk, which was passed by a constitutional majority of yeas 34, nays none.
.Also, a bill to authorize proceedings in equity in certain cases of insolvency, which was passed by a constitutional majority of yeas 27, nays none.
Also, a bill to provide for carrying into effect paragraph 3, of section 1, articl~ 11 of the Constitution, which was passed by a constitutional majority of yeas 28, nays none.
.Also, a bill to incorporate the Indian Springs Railroad Company, which was passed by a constitutional majority of yeas 24, nays none.
Also, a bill to establish a Board of Commissioners

1116

JouRNAL OF THE HousE,

for Scriven county, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill to prohibit hunting on the lands of another in the county of Tatnall, which was passed by a constitutional majority of yeas 29, nays none.
Also, a bill to provide compensation for certain officers in the county of Dougherty, which was passed by a constitutional majority of yeas 33, nays none.
The Senate has concurred in the amendments of the House to the Senate amendments of the following bill of the House, to-wit:
A bill to prohibit the sale of liquors in the county of Walton, whieh was passed by a constitutional majority of yeas 35, nays none.
The Senate has refused to pass the following bill of the House, to-wit:
A bill to promote medical science in this State.
The Senate has refused to pass the following bill of the House, the same having failed of a two-third majority vote, to-wit:
A bill to amend the Constitution of this State by striking therefrom paragraph 15, of section 7, article 3, in regard to the introduction of local bills.
The Senate has adopted the following report of committee in regard to adjournment, to-wit :
That the General Assembly cannot, with due regard to the public interest, adjourn sine die before Tuesday evening next.

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report :
Mr. Speaker:
The Committee on Enrollment report as duly enrolled, signed by the President and ready for the signature of the Speaker of the House of Representatives the following Senate acts, to wit:
An act to authorize the County Boards of Education

SATURDAY, SEPTEMBER 24, 1881.

111'/

and the Boards of Educations in the city of Savannah and other cities of the State to require scholars to be vaccinated before admission to the schools.
Also, an act to repeal an act to establish the State line between Georgia and North Carolina, etc.
Also, an act to provide for the collection of insolvent tax executions.
Also, an act to regulate the practice and to prescribe the form of the pauper oath in carrying cases to the Supreme Court.
Also, an act to prescribe the fees of Sheriffs in this State, and provide for the payment thereof.
Also, an act to amend section 4355 of the Code of 1873.
Also, an act to reapportion the House of Representatives of this State.
Also, an act to amend section 4612 of the Code of 1873.
Also, an act to amend section 2048 of the Code of 1873.
Also, an act to amend the County Court laws of this State, and for other purposes.
Also, an act to provide for the better security of life and property from the dangers of coal and petroleum oils.
Also, an act to provide for the service of notice in writing of the time and place of trial upon road de
faulters~
Also, an act to change the time of holding the Superior Court of Bulloch county.
Also, an act defllaring persons who cannot read and write incompetent to serve as election managers.
Also, an act to make penal the intentional pointing or aiming of fire arms at another, whether loaded or not.
Also, an act to declare that the wife shall be a competent witness against her husband in certain cases.
Also, an act to make it a misdemeanor for any per-

1118

JOURNAL OF THE HOUSE,

son or persons to carry to any place in this State, where people are assembled for divine worship, or for Sunday-school or Sunday-school celebration, any intoxicating liquor, etc.
.Also, an act to amend the County Court laws of this State, and for other purposes.
Respectfully submitted, J. L. SWEAT, Chairman.

The following mes~age was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following bills of the Honse, to- wit :
.A bill to incorporate the Savannah Transportation Company, which was passed by a constitutional majority of yeas 30, nays none.
Also, a bill to open and construct a railroad from Athens to Clayton, Georgia, which was passed by a constitutional majority of yeas 28, nays none.
The Senate has adopted the following resolution in which they ask thA concurrence of the House, to-wit:
A resolution for the appointment of three from the Senate and five from the House to make arrangements for religious exercises to be held in the House of Represantatives on Monday next.
And have appointed as such committee on the part of the Senate-Messrs. Byrd, Hicks and Smith, of the 15th.

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report :
Mr. Speaker:
'l'he 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:

SATURDAY, SEPTEMBER 24, 1881.

1119

An act to create a Board of Commissioners of Roads and Revenues for Taylor county.
Also, an act to make it a misdemeanor for any person to obstruct the free passage of timber on the waters of this State.
Also, an act to provide compensation for the Commissioners of Roads and Revenue for the county of Dougherty.
Also, an act to prevent the hunting or fishing on the lands of another, etc.
Also, an act to establish a Board of Commissioners for Scriven county.
Also, an act to incorporate the Indian Springs Railroad Company.
Also, an act to carry into operation article 11, section 1, paragraph 3 of the Constitution.
Also, an act to authorize proceedings in equity in certain cases of insolvency.
Also, an act to create a Board of Commissioners of Roads and Revenue in the county of Polk, etc.
Also, an act to appropriate money for the purchase of books for the State Library, etc.
Also, an act to appropriate money to the State Deaf and Dumb Asylum.
Also, an act to incorporate the Savannah Transportation Company.
Also, an act to amend the charter of the Northeastern Railroad.
Also, an act amend section 1631 of the Code of 1873.
Also, an act to incorporate the Savannah Freight Tramway Company.
Also, an act to incorporate the Red Line Steamboat Co';llpany.
Also, an act to change the fiscal year and provide when official reports shall be made.
Also, an act to abolish the County Court of Scriven county.

1120

JOURNAL OF THE HOUSE,

Also, an act to incorporatA the Gainesville, Blairsville and State Line Railroad Company.
Respectfully submitted, J. L. SwEAT, Chairman.

The following Senate bill was taken up for a third reading, and on motion of Mr. Lamar, laid on the table, to-wit:
A bill to provide for the better inspection, management and control of the convicts in this State.
The following Senate bill was read the sec0nd time, to-wit:
A bill to amend an act to enable the purchasers of railroads to form corporations and to exercise corporate powers and to define their rights, powers and privileges, assented to February 29, 1876.
On motion of Mr. Lamar, the following Senate resolution was taken up, read and concurred in, to-wit:
A resolution to appoint a committee of three from the Senate and five from the House to arrange for suitable services in the hall of the House of Representatives on Monday next, in memory of the late President.
The Speaker appointed as said committee, Mr. Lamar, chairman ; Messrs. Turner of Floyd, Peek, Coffin and Crumbley.
Leave of absence was granted for the balance of the session to Mr. Heard, on account of sickness ; to Messrs. Coffin, Turnipseed and Keel, on account of sickness in their families.
The House then adjourned until 8 o'clock p. m.

8 O'CLOCK P.M.
The House re-assembled, the Speaker in the chair. On motion of Mr. Milner, the following Senate bill was taken from the table, to-wit:

SATuRDAY, SEPTEl\IBER 24, 1881.

1121

A bill to provide for the better inspection, management and control of the convicts of this State.
Pending the consideration of the substitute reported by the committee, Mr. Jemison moved to indefinitely postpone the bill with all amendments, etc.
On this question Mr. Milner called for the yeas and nays, and the call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Branch, Brewer, Dykes, Feagin, Gray, Hale, Hightower of Early, Hightower of Stewart, Jemis::m, Lewis, Martin of Talbot, Render, Sapp, Stapleton, Wilson of Bulloch-16.

Those voting in the negative are Messrs.-
Anderson of Cobb, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Brinson, Carithers, Cook, Crawford, Crumbley, Daniel, Day, Dial, DuBignon, DuPree of Pike, Estes, Flynt, Fordham, Fuller, Garrard, Goodrich, Harrell, Heard, Henry, Hester, Hill, Hillyer, Hunt, Hutchins, Jackson of Carroll, James, Janes, Julian, Kimsey, Lamar, Lamb, Lannon, Lester, Little, Maddox, Martin of Houston, Mathews, Mays of Butts, Mays of Richmond, McAllister, McBride, McClure, Mcintosh, Milner, Moore of Pierce, Nichols, Northen, Perkins, Polhill, Post, Price, Rainey, Rice, Ritchie, Robins, Roney, Sellars, Scruggs, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spearman, Stanford, Strother, .Summerlin, Sumner, Sweat, Thompson, Turner of Floyd, Twiggs, \Valker of Berrien, Walker of Crawford, Wheeler, Whittle, Williams, 'Villingham, Wilkinson, vVilson of Camden, Wilson of Greene, Wright, Youngblood-92.

Those not voting are Messrs.-
Anderson of Newton, Arrington, Awtry, Branson, 71

1122

JouRNAL oF THE RousE,

Broyles, Bull, Burch, Cameron, Carter, Christie, Clark, Coffin, Crozier, Davis of Habersham, Davis of Lumpkin, Denton, DuPree of Macon, Dyer, Edwards, Farnell, Foster, Gaskins, Hagen, Hall, Hammond, Harp, Heath, Jackson of Richmond, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Keil, Kennedy, McCants, McClellan, McKinney, McLeod, McLucas, Middlebrook, Miller, Mitchell, Moore of Hancock, Moore of Taliaferro, Morrow, Orr, Palmour, Park, Patterson, Peek, Quillian, Rankin, Rawlins, Reese, Shockley, Spence, Story, Tharpe, Turner of Monroe, Turnipseed, Walker of Jasper, Wingfield, Winslow, Withrow, Zachry, Zellars, Mr. Speaker-66.
So the motion to indefinitely postpone did not prevail.

Mr. Wheeler called for the previous question ; the call was sustained and the main question ordered.
The bill was read th6 third time, and on the question of adopting the substitute, as amendfld, in lieu of the bill, Mr. Hunt called for the yeas and nays; the call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Bird, Brinson, Buil, Carithers,Cook, Crawford, Daniel, Dial, Estes, Flynt, Garrard, Goodrich, Henry, Hill, Hillyer, Hunt, Hutchins, Jackson of Carroll, Janes, Jemison, Lamb, Lonnon, Little, Maddox, Mathews, Mays of Butts, McBride, Mcintosh, Milner, Moore of Pierce, Nichols, Perkins, Post, Rainey, Reese, Rice, Robins, Roney, Sellars, Singleton, Silman, Smith ofUnion, Spearman, Summerlin, Sweat, Turner of Floyd, Twiggs, Walker of Berrien, Walker of Crawford, Wheeler, Whittle, Williams, Willingham, Wilkinson, Wilson of Camden, Wilson of Greene, "\Vright-62.

SATURDAY, SEPTEMBER 24, 1881.

1123

Those voting in the negative are Messrs.-
Adderton, Anderson of Cobb, Beatty, Bennett, Branch, Urumbley, Day, DuBignon, DuPree of Pike, Dykes, Feagin, Fordham, Fuller, Gray, Hale, Hammond, Harrell, Heard, Heath, Hester, Hightower of Early, Hightower of Stewart, James, Julian, Kimsey, Lamar, Lester, Lewis, Martin of Houston, Martin of Talbot, Mays of Richmond, McAllister, McClure, N orthen, Price, Render, Ritchie, Scruggs, Stanford, Stapleton, Sumner, Thompson, Walker of Jasper, Wilson of Bulloch, Winslow-45.

Those not voting are Messrs.-
Anderson of Newton, Arrington, Awtry, Branson, Brewer, Broyles, Burch, Cameron, Carter, Christie, Clark, Coffin, Crozier, Davis of Habersham, Davis of Lumpkin, Denton, DuPree of Macon, Dyer, Edwards, Farnell, Foster, Gaskins, Hagen, Hall, Harp, Jack. son of Richmond, Johnson of Johnson, Johnson of Lee, T~nes of Baker, Jones of DeKalb, Keil, Kennedy, McCants, McClellan, McKinney, McLeod, McLucas, Middlebrook, Miller, Mitchell, Moore of Hancock, Moore of Taliaferro, Morrow, Orr, Palmour, Park, Patterson, Peek, Polhill, Quillian, Rankin, .Rawlins, Sapp, Shockley, Smith of Oglethorpe, Spence, Story, Strother, Tharpe, Turner .of Monroe, Turnipseed, Wingfield, Withrow, Youngblood, Zachry, Zellars, Mr. Speaker-67.
So the substitute, as amended, was adopted.

On the question of the passage of the bill, Mr. Milner called for the yeas and nays ; the call was sus tained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Anderson of Cobb, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch,

1124

JOURNAL 0.1!' THE HOUSE,

Brinson, Bull, C,tmeron, Carithers, Cook, Crawford, Crumbley, Daniel, Day, Dial, DuBignon, DuPree of Pike, Estes, Flynt, Fordham, Fuller, Garrard, Goodrich, Hammond, Henry, Hester, Hill, Hillyer, Hunt, Hutchins, Jackson of Carroll, James, Janes, Jemison, Julian, Kimsey, Lamar, Lamb, Lonnon, Little, Maddox, Mathews, Mays ofBntts, Mays of Richmond~ McAllister, McBride, McClure, Mcintosh, Milner, Moore of Pierce, Nichols, Northen, Perkins, Post, Price, Rainey, Reese, Render, Rice, Ritchie, Robins, Roney, Sellars, Singleton, Silman, Smith of Union, Spearman, Strother, Summerlin, Sumner, Sweat, Turner of Floyd, Twiggs, Walker of Berrien, Walker of Crawford, Wheeler, Whittle, Williams, Willingham, Wilkinson, Wilson of Camden, Wilson of Greene, W right-88.
Those voting in the negative are Messrs.-
Adderton, Brewer, Dykes, Feagin, Gray, Hale, Harrell, Heard, Hightower of Early, Hightower of Stewart, Lester, Lewis, Martin of Houston, Martin of Talbot, Stanford, Stapleton, Thompson, Wilson of Bulloch-19.
Those not voting are Messrs.-
.A.nderson of Newton, Arrington, Awtry, Branson, Broyles, Burch, Carter, Christie, Clark, Coffin, Crozier, Davis of Habersham, Davis of Lumpkin, Denton, DuPree of Macon, Dyer, Edwards, Farnell, Fos ter, Gaskins, Hagen, Hall, Harp, Heath, Jackson of Richmond, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Keil, Kennedy, McCants, McClellan, McKinney, McLeod, McLucas, MidMiddlebrook, Miller, Mitchell, Moore of Hancock, Moore of Taliaferro, Morrow, Orr, Palmour, Park, Patterson, Peek, Polhill, Quillian, Rankin, Rawlins, Sapp, Scruggs, Shockley, Smith of Oglethorpe, Spence, Story, Tharpe, Turner of Monroe, Turnipseed, Walker of Jasper, Wingfield, Winslow, Withrow, Youngblood, Zachry, Zellars, Mr. Speaker-67.

MoNDAY, SEPTEMBER 26, 1881.

1125

So the requisite constitutional majority having voted in the affirmative, the bill passed, by substitute.

On motion of Mr. Reese, the House then adjourned till 10 o'clock a. m. Monday.

ATLANTA, GEORGIA, Monday, September 26, 1881.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. Mr. Clarke, of the Honse.
On motion of Mr. DuPree, of Pike, the roll call was dispensed with.
Mr. Harrell, chairman Committee on Journals, reported the Journal of Saturday examined and approved.
The Journal was then read and approved.
Mr. Stanford gave notice of a motion to reconsider the action of the House upon the bill known as the general temperance bill of the :::lenate.
Mr. Hammond gave notice of a motion to reconsider the action of the House in agreeing to certain resolutions in regard to the lease of the Western and Atlantic Railroad.
Mr. Adderton gave notice of a motion to reconsider the action of the House upon the Senate bill known as the penitentiary bill.
The committee appointed under a joint resolution of Senate and House of Representatives of Georgia, to make arrangements for appropriate religious exercises, to be held in the hall of the House of Representatives at 11 o'clock a. m., of Monday, the 26th inst., as a day of humiliation and mourning in honor of the late President of the United States, beg leave to pre-

1126

JoURNAL OF THE HOUSE,

sent the accompanying programme, and to report that they have made arrangements to have it carried out, the choir and various ministers selected having signified their willingness to be present and to assist by the performance of the respective duties assigned them.
Respectfully submitted, S. M. H. BYRD, Chairman ; T. J. S:\IITH, J. H. HICKS,
Committee on part of the Senate.
L. M. LAMAR, Chairman ; J. W. TURNER,
w. L. PERK,
Z. S. COFFIN, J. J. CRUMBLEY, Committee on part of House Representatives.

ORDER OF ~IEMORIAL EXERCISES TO BE HELD IN THE
HALL OF THE HOUSE OF RFPRESENTATIVES,
September 26, 11 0' Clock A.. M.
Voluntary by choir. Reading of Scriptures by Rev. R. J. Cooke, M. E. church. Song by choir. Prayer by Rev. Dr. Martin, Presbyterian church. Song by choir Sermon by Rev. "\Vm. E. Boggs, Presbyterian church. Prayer by Rev. A. G. Thomas, Christian church. Doxology by choir and audience. Benediction by Rev. W. D. Gwin, D. D., Baptist church.
Mr. Johnson, of Lee, offered the following resolution, which was read and agreed to, to-wit:
A resolution granting the use of the hall of the House of Representatives to the colored military and

TUESDAY, SEPTEMBER 27, 1881.

1127

civic societies of Atlanta to bold memorial services this afternoon.
On motion of Mr. Reese, the House then adjourned
till 9 a ..m. to-morrow.

ATLANTA, GEORGIA,
Tuesday, September 27, 181:31.
The House met pursuant to adjounment, was called to order by the Speaker and opened with prayer by Rev. Mr. Henry, of the House.
'fhe roll was called and the following members were absent :
Those absent are Messrs.-
Arrington, Bacon of Chatham, Barnes, Bennett, Branson, Burch, Coffin, Cook, Day, Denton, DuPree of Macon, Edwards, Estes, Farnell, Gaskins, Hagen, Hall, Harp, Heard, Johnson of Johnson, Jones of Baker, Keil, Kennedy, Mays of Butts, McCants, McClure, Middlebrook, Palmour, Park, Patterson, Peek, Quillian, Rankin, Robins, Spence, Story, Strother, Tur nipseed, Zachry-39.
Those present are Messrs.-
Adderton, Anderson of Cobb, Anderson of Newton, Awtry, Barrow, Basinger, Bates, Beatty, Bird, Branch, Brewer, Brinson, Broyles, Bull, Cameron, Carter, Carithers, Christie, Clark, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Dial, DuBignon, DuPree of Pike, Dyer, Dykes, Feagin, .Flynt, Fordham, Foster, Fuller, Garrard, Goodrich, Gray, Hale, Hammond, Harrell, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Jemison, Johnson of Lee,

1128

JOURNAL OF THE HOUSE,

Jonesof DeKalb, Julian, Kimsey, Lamar, Lamb, Lonnoil, Lester, Lewis, Little, Maddox, Martin of Hous ton, Martin of Talbot, Mathews, Mays of Richmond, McAllister, McBride, McClellan, Mcintosh, McKinney, McLeod, McLucas, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, N orthen, Orr, Perkins, Polhill, Post, Price, Rainey, Rawlins, Reese, Render, Rice, Ritchie, Roney, Sapp, Sellars, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spearman, Stanford, Stapleton, Summerlin, Sumner, Sweat, Tharpe, 'rhompson, 'rurner of Floyd, Turner of Monroe, Twiggs, 'Valker of Berrien, Walker of Crawford, Walker of Jasp::or, wheeler, "rhittle, Williams, Willingham, vVilkinson, 'Vilson of Bulloch, wilson of Camden, Wilson of Greene, Wingfield, Winslow, Withrow, Wright, Youngblood, Zellars, Mr. ~peaker -135.
Mr. Heath, from the Committee on Journals, reported the Journal of yesterday examined and approved.
The Journal was then read and approved. Mr. Stanford moved to reconsider the action of the Honse upon the bill of the Senate to regulate the sale ofliquor in this State. On motion of Mr. Bull, the motion to reconsider was laid on the table. Mr. Hammond withdrew the motion to reconsider the resolution in regard to the lease of the Western and Atlantic Railroad. Mr. Adderton withdrew the motion to reconsider the penitentiary bill. The following Senate bill was read the third time, the report of the committee was agreed to, and the bill passed by the requisitA constitutional majority-yeas 88, nays none-to-wit: A bill to amend section 1377 of the Code of 1873, reJating to quarantine jurisdiction.

TUESDAY, SEPTEMBER 27, 1881.

1129

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 88, nays 7-to wit:
A bill to regulate and fix the mode of appointment and the official term of the State Librarian, and to repeal that portion of section 72 of the Code of 1873, which relates to the State Librarian being appointed and removed at the pleasure of the Governor.
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 96, nays none-to-wit:
A bill to amend an act to en:tble the purchasers of railroads to form corporations and to exercise corporate powers and to define their rights, powers and privileges, assented to February 29, 1876, by conferring additional powers and privileges upon said purchasers, their successors and assigns, and further defi~ing their rights, powers and privileges.
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 92, nays none-to-wit:
A bill to provide for the more efficient granting of diplomas by medical colleges in this State.
The following message was 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 change the fiscal year, which was passed by a constitutional majority of yeas 2:5, nays none.
Also, a bill to incorporate the Gainesville, Blairsville and State Line Railroad Company, which was passed by a constitutional majority of yeas 26, nays none.

1130

JOURNAL OF THE HOUSE,

.Also, a bill to abolish the County Court of Scriven county, which was passed by a constitutional majority-yeas 23, nays none.
.Also, a bill to incorporate the Savannah Freight Tramway Company, which was passed by a constitutional majority-yeas 25, nays none.
.Also, a bill authorizing the Town Council of Thomaston to issue bonds for certain purposes, which was passed by a constitutional majority-yeas 26, nays none.
.Also, a bill amending an act regulating the manner of letting out certain contracts in the several counties of this State, which was passed by a constitutional majority-yeas 26, nays none.
The Senate has passed the following bills of the House, with amendments, in which they ask the concurrence of the House, to-wit:
.A bill to incorporate the Red-Line Steamboat Company, which was passed by a constitutional majority -yeas 25, nays none.
The Senate has concurred in the amendment of the House to the following bill of th" Senate, to-wit :
.A bill to amend section 326 of the Code of 1873. .Also, a bill to provide for the more efficient granting of diplomas by medical colleges. .Also, a bill amending an act enabling the purchasers of railroads to form corporations. The Senate has agreed to the following resolution in which they ask the concurrence of the House, to-wit: .A resolution requesting the House of Representatives to return to the Senate House bill No. 1079, in regard to the pwmotion of medical science in this State. The Senate has refused to concur in the amendment of the House to the following bill of the Senate, towit: .A bill to provide for the better inspection, management and control of the convicts of this State.

TUESDAY, SEPTEMBER 27, 1881.

1131

The House went into the Committee of the Whole House for the purpose of considering the Senate amendments to the supplemental appropriation bill.

Mr. Little, chairman of the Committee of the Whole House, made the following report :
Mr. Speaker:
The Committee of the Whole House have had under consideration-
A bill to make certain appropriations which were omitted from the general appropriation act, with several amendments thereto by the Senate.
Which they have instructed me to report back, with the recommendation that the amendments, as amended, be concurred in.
The Senate amendment to pay actual expenses ot the Senate Committee on the Penitentiary, in visiting the penitentiary, was concurred in.
The second Senate amendment, to pay the expenses of the Joint Committee on the Deaf and Dumb Asylum, in visiting said ~ylum, was concurred in.
The third Senate amendment, to pay the expenses of members of the Committee on the Lunatic Asylum, in visiting Gainesville, Carrollton and other places, was concurred in.
The fourth Senate amendment, to pay A. F. Coolidge, Stenographe1 to the Committee to Investigate the Lease of the Western and Atlantic, was concurred in.
The fifth Senate amendment, to pay Charles Henry Smith for twenty-six days' service as Porter of the water closets, was concurred in.
The House refused to concur in the Senate amendment increasing the pay of the Porters of the House, and of the Senate, and of the water closets.
The House concurred in the Senate amendment to pay T. N. Peeples the sum of $244.50 for his fee as arbitrator on the part of the State against the Savan-

1132

JOURNAL OF THE HOUSE,

nab, Florida and Western Railway and branches, and for his actual expenses.
The Senate amendment, appropriating $75 to pay Jackson T. Taylor for indexing the Senate Journals of this session, and a like sum for indexing the House

Journals, was concurred in. The Senate amendment, to pay H. W. Cannon for
services as Commissioner on the survey of the line between Georgia and North Carolina the sum of $50, was concurred in.
The Senate amendment, striking out $310 and inserting $348 to pay for stationery, was concurred in.
The Senate amendment, to appropriate $1,600 to pay balance due on account of1878-79 to the Public Printer, was not concurred in.

The Senate amendment, appropriating $100 to pay

for binding acts in the State Library, was concurred

in.

The Senate amendment, appropriating $45 to pay

Porter of State Library for balance of 1881, and $180

to pay Porter of State Library for the year 1882, was

concurred in.



On the question of adopting, finally, the amendments above mentioned, as concurred in, and which were independent additional appropriations, not in the original bill, the yeas and nays were required to be recorded, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Awtry, Barnes, Barrow, Basinger, Bates, Beatty, Bird, Branch, Broyles, Bull, Cameron, Carter, Carithers, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Feagin, Flynt, Fordham, Fuller, Garrard, Gray, Hale, Hammond, Heath, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, James,

TUESDAY, SEPTEMBER 27, 1881.

1133

Janes, Jemison, Johnson of Lee, Jones of DeKalb, Julian, Kimsey, Lamar) Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Martin of Talbot, Mathews, McAllister, McBride, McClure, McClellan, McKinuey,McLeod,McLucas, Miller, Morrow, N orthen, Orr, Park, Patterson, Perkins, Polhill, Post, Rainey, Rawlins, Reese, Render, Ritchie, Roney, Sapp, Sellars, Scruggs, Shockley, Silman, Smith of Union, Spearman, Stanford, Stapleton, Strother, Summerlin, Sumner, Thompson, Turner of Floyd, Turner of Monroe, Twiggs, Walker of Berrien, Whittle, Williams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, vVingfield, Winslow, Wright, Youngblood, Zachry, Zellars-111.

Those voting in the negative are Messrs.-
Mitchell, Smith of Oglethorpe, Walker of Crawford, Wheeler-4.
Those not voting are Messrs.--
Anderson t>f Cobb, Anderson of Newton, Arrington, Bacon of Chatham, 13ennett, Branson, Brewer, Brinson, Burch, Christie, Clark, Coffin, Cook, Day, Denton, Dial, Dykes, Edwards, Estes, Farnell, Foster, Gaskins, Goodrich, Hagen, Hall, Harp, Harrell, Heard, Henry, Jackson of Carroll, Jackson of Richmond, Johnson of Johnson, Jones of Baker, Keil, Kennedy, Mays of Butts, Mays of Richmond, McCants, Mcintosh, Middlebrook, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Nichols, Palmour, Peek, Price, Quillian, Rankin, Rice, Robins, Singleton, Spence, Story, Sweat, Tharpe, Turnipseed, Walker of Jasper, Withrow, Mr. Speaker-59.
So the amendments were concurred in, and adopted by the House by the requisite constitutional majority.
On motion of Mr. Barrow, the House insisted upon its amendment to the Senate bill to provide for the

1134

JOURNAL OF THE ROUSE,

better inspection, management and control of the penitentiary convicts in this State, and asked for the ap pointment of a committee of conference.
The Speaker appointed as such committee of con ference, Messrs. Barrow, Post, DuBignon, Maddox, and Turner of Monroe.

Mr. DuBignon offered the following resolution, which was read and agreed to, to-wit:
A resolution to return to the Senate House bill No. 1079, in relation to the promotion of medical science, as reqnested.

Mr. Sweat, 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 ot ths Speaker of the House of Representatives, the following acts, to-wit:
An act to amend section 4.540 of the Rsvised Code of 1873, so as to include servants or agents within the provisions and penalties of said section.
Also, an act to prescribe and fix the legal weight of rough rice in this State.
Also, an act to fix the fees of public weightlil of cotton.
Also, an act to punish the stealing of a bale or more of cotton, and for other purposes.
Also, an act to provide for the restoration of the last previous name of the wife in divorce cases.
Also, an act to prescribe the fees of Clerks of the Superior Courts in this State, and to provide for the payment of the same.
Also, an act to regulate and restrict the rate of interest in this State, and for other purposes.
Also, an act to regulate and fix the mode of appointment, and the official term of the State Librarian.

Tu.I!:SDAY, SEPTEMBER 27, 1881.

1135

Also, an act to amend section 1377 of the Code. Respectfully submitted,
J. L. SwEAT, Chairman.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker : The Senate has indefinitely postponed the following
bill of the House, to- wit: A bill prohibiting the distillation of any grain in
this State for twelve months, and to provide a punishment therefor.
The Senate has refused to pass the following bill of the House, to-wit:
A bill requiring Ordinaries to register the names of persons for whom they shall issue marriage license.
The Senate has passed the following bill of the House, with an amendment, in which they ask the concurrence of the House, to-wit:
A bill amending an act providing for the manner of tax sales by municipal corporations in this State, which was passed by a constitutional majority~yeas 27, nays none.
The Senate has passed the following bills of the House, to wit :
A bill to fix and determine the manner of returning, for taxes, lands divided, which was passed by a contutional majority-yeas 29, nays none.
Also, a bill to correct an error in an act approved August 24, 1881, in regard to an act amending the acts incorporating the town of Conyers, which was passed by a constitutional majority-yeas 27, nays none.
The House concurred in the Senate amendment to the following bill, to-wit:
A bill to amend an act to provide for the manner of tax sales by municipal corporations in this State, approved February 27, 1877.


1136

JouRNAL OF THE HousE,

The following Senate resolutions were indefinitely postponed, to wit :
A resolution to appoint a committee to inquire into and report upon the advisability of recommending a uniform system of keeping accounts by County Treasurers.
Also, a resolution to appoint a committee to report upon existing legislation relative to subjects of medical interests.
Also, a resolution to require Committee on State Library to inquire how many of B. Y. Martin's reports are needed by the State.
Also, a resolution empowering the Joint Committee on the Western and Atlantic Railroad to sit during the recess, etc.
Also, a resolution to request our delegation in Congress to secure. a branch of the U. S. Mint, and an assay office at Dahlonega.
The following Senate resolutions were read and agreed to, to wit:
A resolution requesting the members of Congress from Georgia to aid in obtaining appropriations for the education of the children of the 8outh.
Also, a resolution to request our delegation in Congress to use their diligence in securing appropriations to render our rivers navigable.

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

.11r. Speaker :
The Senate has refused to recede from certain amendments, and does recede from other amendments to a certain bill, to-wit:
A bill making additional appropriations to those contained in the last general appropriation act, approved December 6, 1880, and which was omitted therefrom, and for other purposes.


TuESDAY, SEPTEMBER 27, 1881.

1137

Mr. Sweat, 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 ot the House of Representatives, the following acts, towit:
An act to fix and determine the manner of returning lands for taxes.
Also, an act to provide compensation for the Commissioners of Roads and Revenue for the county of Dougherty.
Also, an act to amend an act to provide for the manner of tax sales.
Also, an act to authorize the Town Council of Thomaston, in the county of Upson, to issue bonds.
Respectfully submitted, J. L. SwEAT, Chairman.

On motion of Mr. Miller, the House refused to recede from its disagreement to the Senate amendment appropriating sixteen hundred dollars to pay balance due Public Printer for 1878-79, to the supplemental appropriation bill, and a committee of conference was ordered.
The following is the committee of the House, to-wit: Messrs. Miller, Reese, Martin of Talbot, vVheeler and Hutchins.
By permission of the House, Mr. Reese withdrew House bill No. 666.
On motion ot Mr. Davis, of Lumpkin, the action of the House in Indefinitely postponing the following resolution was reconsidered, to-wit:
A resolution requesting our Senators and Representatives to use their best endeavors to have an assay office established at Dahlonega.
The resolution was amended and agreed to. 72

1138

JouRNAL':oF THE HousE,

Mr. Sweat, 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 Honse of Representatives, the following acts, to- wit :
An act to amend an act entitled an act to enable the purchasers ofrailroads to form corporations, etc.
Als('}, an act to provide for the more efficient granting of diplomas by medical colleges.
Respectfully E~ubmitted, J. L. SwEAT, Chairman.
The following mes~age was received from the Senate through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has refused to pass the following bill of the Honse, to- wit :
A bill to regulate the sale of pistols, dirk knives, bowie knives, sword canes and toy pistols in this State.
The Senate has passed the following bill of the Honse, to-wit:
A bill repealing an act encouraging immigration to Georgia, which was passed by a constitutional majority of yeas 24, nays none.
The following message was received from the Senate through Mr. Harris, the Secretary thereof:
Mr. Speaker : The Senate has appointed the following as a com-
mittee of conference on the penitentiary bill-Messrs. Fouche, Meldrim and Wynn.
Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report :
Mr. Speaker: The Committee on Enrollment report as duly en-

TuESDAY, SEPTEMBER 27, 1881.

1139

rolled and ready for the signature of the Speaker of the House of Representatives, the following act, to wit:
.A.n act to repeal an act to encourage immigration to Georgia, and for other purposes.
Respectfully submitted, J. L. SwEAT, Chairman.

The following Senate resolution was read and con curred in, to-wit:
.A. resolution refusing to accept certain bonds of the United States in payment of balance due on purchase of the Macon and Brunswick Railroad.
The following Senate resolution was read and con curred in, to-wit:
.A. resolution adopting the report of the commissioners to value the capitol building at Milledgeville.
The following House bills were withdrawn, to-wit: Nos. 798, 910 and 1029.
On motion, the House then adjourned until 3 o'clock p.m.

3 O'CLOCK P.M. The House re-assembled, the Speaker in the chair. By permission of the House, Mr. DuBignon with drew House bill No. 780.
Mr. DuBignon offered the following resolution, which was read and unanimously agreed to, to- wit:
A resolution in reference to the celebration of the Yorktown centennial.
Mr. Janes, chairman of the Committee on Counties and County Lines, submitted the following report:
Mr. Speaker : The Committee on Counties and County Lines beg
leave to withdraw the following bills, to-wit : A bill to amend an act to carry into effect paragraph

1140

JouRNAL oF THE HousE,

3, section 1, article 2 of the Constitution, approved October 14, 1879.
Also, a bill to provide for the altering and changing ofcounty lines in this State.
Also, a bill for the better improvement of the public roads of Dodge county.
Also, a bill to declare the mode and manner of changing county lines, which may pass through the incorporate limits of any town.
Respectfully submitted, C. G. JANES, Chairman.

Mr. Hammond, chairman of the General Committee on the Judiciary, submitted the following report :
Mr. Speaker:
'l'he General Committee on the Judiciary return the following bill to the House, with the recommendation that the introducer be allowed to withdraw the same, to-wit:
A bill to provide for a registration of voters in accordance with section 2, article 2 of the Constitution of1877.
The committee also return the following resolution, to-wit:
A resolution requesting the Judiciary Committee to examine into the sale of the Macon and Brunswick railroad, and report by bill or otherwise, with the following suggestions and conclusions:
By reason of the multitude of matters requiring attention at their hands, the committee have been unable to give to the questions covered by the resolution such thorough consideration as they would otherwise have bestowed upon them. They feel justified, however, in suggesting that there is nothing in the circumstances attending the original lease of the Macon and Brunswick Railroad, nor in the present situation of the matter, that demands interference by the House of Representatives.

TUESDAY, SEPTEMBER 27, 1881.

1141

The committee are of the opinion that the requirements of the Act authorizing the lease or salA of the road were substantially complied with, both in the making and execution of the lease and sale.
They have concluded, further, that it was competent for the Governor to transfer to the purchasers of said railroad all rights and interests owned by the State in the road before the extension, provided for in the 13th section of the Act, had been actually completed; and that the security furnished by the lessees and purchasers, and that now held by the State, is ample.
The committee have been informed that legal proceedings have been instituted, and are now pending in the Circuit Court of the United States at Savannah, by the holders of certain bonds of the road indorsed by the State, looking to the establishment of a lien against the road and its appurtenances, but are, for manifest reasons, unable to make any report as to the probable result of such litigation or its effect on the rights of the State to demand and receive the purchase money due for the road.
The committee find that the purchasers of the road appear to be complying in good faith with the terms and oonditions imposed on them by the Act of September 3, 1879. ThPy are informed that no apprehensions are entertained by his Excellency the Governor, either as to the willingnees or the ability, of the purchasers to pay the balance of the pur~hase money as it becomes due; and in the event of any non-compliance on the part of such purchasers, the eommittee are of the opinion that the remedy provided by the Act of 1879 is sufficient to protect the interests of the State.
The committee have to report, further, that the purchasers are proceeding with the work of extending the road from Macon to Atlanta with the apparent purpose of completing it within the time prescribed by the Act, and that the power vested in the Governor by sections 13th and 1st of said ..Act, and to be exercised by

1142

JOURNAL OF THE HOUSE,

him in the event of a failure or refusal by the purchasers to build said extension, is ample to protect the State.
Respectfully submitted, "\V. M. HAMMOND, Chairman.

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has concurred in the amendments of the House on a resolution, to-wit:
To instruct our Senators and Representatives in Congress to use their influence to establish an assay office at Dahlonega.
Also, the Senate bas agreed to a committee of conference on the appropriation bill, and have appointed the following committee-Messrs. Price, Mattox, Guerry, Mosely and Treadwell.
The Senate bas appointed, asadditional members of the conference committee on the bill to provide for the better control of the convicts, Mesdrs. \Vilson and Bond.

The following message was received from the Senate, through Mr. Harris, Secretary thereof:
Mr. Speaker: The Senate bas concurred in the following resolu-
tions of the House, to-wit: A resolution authorizing his Excellency the Gov-
ernor, to pay certain advertising bills of the Railroad Commission out of the public printing fund.
Also, a resolution in relation to the office of State Geologist of this State.
The Senate bas passed the following bill of the House, with an amendment, in which they ask the concurrence of the House, to- wit :
A bill to provide for the payment of certain insolv-

TUESDAY, SEPTEMBER 27, 1881.

1143

ent criminal costs in the Northern Judicial Circuit, which was passed by a constitutional majority of yeas 27, nays none.
The Senate has passed the following bills of the House, to-wit:
A bill to promote medical science in this State, which was passed by a constitutional majority of yeas 28, nays 7.
Also, a bill to change the time for revising the juryboxes in this State, which was passed by a constitutional majority of yeas 28, nays none.
The Senate has refused to pass the following bill of the House, to-wit:
A bill to abolish tl!e County Court of Troup.

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report :
Mr. Speaker:
'fhe Committee on Enrollment report the following resolutions as duly enrolled and ready for the signature of the Speaker of the House of Representatives, to-wit:
A resolution to rPquest our delegation in Congress to use their diligence in securing appropriations to render our rivers navigable.
Also, a resolution requesting the members of Con gress, from Georgia, to aid in obtaining appropriations for the education of the children of the South.
Also, a resolution to authorize his Excellency the Governor, to pay certain advertising bills of the Railroad Commission out of the public printing fund.
Also, a resolution in relation to the office of State Geologist of this State.
Also, an act to change the time for revising the jury boxes in this State.
Also, an act to regulate the manner of letting out contracts to build bridges, etc.

1144

JOURNAL OF THE HOUSE,

Also, an act to promote medical science in this State.
Respectfully submitted, J. L. SwEAT, Ch<:tirman.

On motion of Mr. Hunt, of Spalding, the following resolution was taken from the table and agreed to by subRtitute, to-wit:
A resolution recommending Mitchell's System of Public Accounts for the use of County Treasurers.
The Senate amendments to the following bill were concurred in, to-wit:
A bill to amend an act for the payment of insolvent costs in criminal cases, so far as the same relates to the county of Hancock.
Mr. Hammond offered the following joint resolution. which was read and agreed to, to-wit:
A resolution. authorizing the President of the Senate and Speaker of the House of Representatives to affix their signatures to bills for twenty-four hours after the adjournment of the General Assembly.

Mr. Barrow, chairman on the part of the House, of the Committee of Confarence on the Penitentiary, submitted the following report, to-wit:
Mr. Speaker:
The Committee of Conference, to whom was referred the difference(between the Senate and House of Representatives, upon the consideration of a bill to be entitled an act to provide for the better inspection, management and control of the convicts of this State, recommend that the same do pass by a substitute, which has been prepared by the committee in lieu of the Senate bill and the substitute of the House of Representatives, Septemher 27, 1881.
Respectfully submitted, PoPE BARRow, Chairman, Committee of the House.

TUESDAY, SEPTEMBER 27, 1881.

1145

Mr. Sweat, 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 ot the Speaker of the House of Representatives, the following act, towit:
.An act to amend an act to provide for the payment of certain insolvent criminal costs in the Northern Judicial Circuit.
Respectfully submitted, J. L. SwEAT, Chairman.

Mr. Miller, chairman on the part of the House of the Committee of Conference on the supplemental appropriation bill, submitted the following report:
Mr. Speaker:
The Committee of Conference of the two houses appointed on the disagreeing vote in regard to the amendment of the Senate to the contingent appropriation bill, appropriating $1,600 to J. P. Harrison, former Public Printer, have considered the same and beg leave to report that they can come to no agreement thereon. They therefore ask to be discharged from the further consideration of the same, and recommend the appointment of a new conference committee, to whom the matter may be referred.
Respectfully submitted, W. P. PRICE, Chairman, Senate Committee. A. L. MILLER, Chairman, House Committee.
On motion of Mr. Miller, the committee was discharged, and a new committee was ordered.
The following is the new Committee of Conference on the supplemental appropriation bill, to-wit: Messrs. Garrard, Hammond, Adderton, Janes and Wright.

1146

JouRNAL OF THE HousE,

The following message was received from th~ Sen-

ate, through Mr. Harris, the Secretary thereof:

Mr. Speaker :

The Senate has concurred in the following resolu-

tion of the House, to-wit:

A resolution in rPgard to adopting Mitchell's Com

plete System of Public Accounts in the several coun-

ties of this State.

The Senate has appointed a second Committee of

Conference on the appropriation bill, consisting of the

following senators: Messrs McDaniel, Barksdale,

Baker, Smith, of the 5th, Jordan.

The joint committee to examine and report upon the

manuscript of a work prepared by D. N. Martin, Esq.,

entitled "A Manual of the Supreme Court," submitted

the following report :

Mr. Speaker:

The undersigned were appointed a joint committee

of the Senate and House of Representatives to examine

and report upon the manuscript of a work prepared

by D. N. Martin, Esq., entitled ''A Manual of the

Supreme Court." We have severally performed the

duty assigned us, and find the work what it purports

to be: a book of forms necessary and useful in the

preparation and carrying of cases to the Supreme

Court, together with the decisions of the Supreme Court

and the statutes in relation thereto, Pxcept as modified

by the present General Assembly. We deem the forms

presented as safe and reliable, and will be found useful

to the legal fraternity, clerks of courts, as well as all

others who may have occasion to consult a work of

this character.

Respectfully submitted,

w.HENRY D. McD..lNIEL,
P. PRICE,

~~0:::

of the Senate.

PoPE BARROW,

HENRY HILLYER,

of the House.

TUESDAY, SEPTEMBER 27, 1881.

1147

Mr. Sweat, chairman of the Committee on En-

rollment, submitted the following report :

Mr. Speaker:

The Committee on Enrollment report as duly en-

rolled, signed by the President of the Senate, and

ready for the signature of the Speaker of the House of

Representative, tb.e following resolution, to-wit:

A. resolution to request our Senators and Repre-

sentatives in Congress to use their influence to estab-

lish an assay office at Dahlonega.

Also, a resolution to request our delegation in Con-

gress to use their diligence in securing appropriations

to render our rivers navigable.



Also, a :resolution in relation to the old capitol

building at Milledgeville.

Also, a resolution requesting the members of Con-

gress from Georgia to aid in obtaining appropriations

for the education of the ~hildren of the 8outh.

Also, a resolution concerning the lease of the West-

ern and Atlantic Railroad.

Also, a report of the committee to investigate the

offer of bonds by the Macon and Brunswick Railroad

in payment of indebtedness to the State.

Respectfully submitted, J. L. SwEAT, Chairman.

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

Mr. Speaker:

The Senate has concurred in the following resolution of the House, to-wit :
A resolution authorizing the President of the Senate and Speaker of the House of Representatives to affix their official signatures to all bills and resolutions, passed during the present session, at any time within twenty-four hours after the final adjournment thereof.
Also, a resolution in relation to the celebration of the battle at Yorktown.

1148

JOURNAL OF THE HOUSE,

Mr. Hunt, of Spalding, offered the fo1Iowing resolution, which was read and agreed to, to-wit :
A resolution, that the Penitentiary Committee and its zealous chairman are entitlt>d to thanks for their fidelity to duty in attempting to perfect penitentiary reform.
Mr. Silman offered the fo1Iowing resolution, which was read and agreed to, to-wit:
A resolution, thanking Dr. Thomas Raines and Ron. Frank L. Haralson for the prompt and faithful manner in which they discharged the delicate duty devolved upon them in investigating and reporting to the Governor the facts connected with the alleged murder of John Mathews, a :penitentiary convict late in the service of the Marietta and North Georgia Railroad.
Th~ following message was received from the Senate, through Mr. Harris, the Secretary thereof, towit:
.Mr. Speaker: The Senate has refused to adopt the report of the
conference committee onA bill to provide for the better management and con-
trol of the convicts of this State.
Mr. Garrard, chairman on the part of the House of the committee of conference on the supplemental appropriation bill, submitted the following report :
Mr. Speaker : The conference committee on the Senate amendment
to the anpropriation bill touching the payment of a balance claimed for public printing by the late Public Printer, recommend that the sum of fiv~ hundrt;d dollars be paid in full satisfaction of the claim, and that the Senate amendment be accordingly.
Respectfully submitted, H. L. McDANIEL, Chairman Senate Committee. L. F. GARRARD, Chairman House Committee.

TuESDAY, SEPTEMBER 27, 1881.

1149

The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker :
The Senate has agreed to the report of the Conference Committee OP.. the appropriation bill.
The Senate has agreed to a resolution for the appointment of a committee of two from the Senate and three from the House, to notify the Governor that the General Assembly is ready to adjourn, and has ap pointed Messrs. Parks and Gorman on the part of the Senate.
Mr. Garrard moveil to agree to the report of the Committee of Conference.
Mr. Reese called for the previous question; the call was sustained and the main question ordered.
Mr. Tharpe called for the yeas and nays ; the call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Basinger, Beatty, Bird, Branch, Brinson, Carter, Carithers, Clark, Crawford, Davis of Lumpkin, Day, DuBignon, DuPree of Pike, Dyer, Flynt, Fordham, Fuller, Garrard, Hammond, Hester, Hill, Hillyer, Hunt, James, Jones of DeKalb, Kimsey, Lamb, Lonnon, Maddox, Mays of Richmond, McAllister, McClellan, Milner, Moore of Hancock, Nichols, N orthen, Orr, Park, Patterson, Peek, Polhill, Rainey, Rankin, Rawlins, Render, Rice, Ritchie, Sellars, Shockley, Singleton, Silman, Stapleton, Sumner, Sweat, Turner of Monroe, Walker of Jasper, Wilkinson, Wilson of Greene, Wingfield, Winslow, Youngblood, Zellars-65.

Those voting in the negative are Messrs.!
Barrow, Broyles, Bull, Cook, Davis of Habersham, Dial, Feagin, Foster, Goodrich, Gray, Hale, Harrell,

1150

JouRNAL oF THE RousE,

Henry, Hightower of Early, Hightower of Stewart, Hutchins, Jackson of Carroll, Jemison, Johnson of L~>e, Lamar) Little, Martin of Talbot, Mathews, McBride, McClure, McKinney, McLucas, Miller, Morrow, Perkins, Post, Reese, Smith of Oglethorpe, Smith of Union, Spearman, Stanford, Tharpe, Walker of Crawford, Wheeler, Whittle, Williams, Willingham, Wilson of Bulloch, Withrow, Wright, Zachry-46.

Those not voting are Messrs.--
Anderson of Newton, Arrington, Bacon of Chatham, Barnes, Bates, Bennett, Branson, Brewer, Burch, Cameron, Christie, Coffin, Crozier, Crumbley, Daniel, Denton, DuPree of Macon, Dykes, Edwards, Estes, Farnell, Gaskins, Hagen, Hall, Harp, Heard, Heath, Jackson ofRichmond,Janes,Johnson of Johnson, Jones oi' Baker, Julian, Keil, Kennedy, Lester, Lewis, Martin of Houston, Mays of Butts, McCants, Mcintosh, McLeod, Middlebrook, Mitchell, Moore of Pierce, Moore of Taliaferro, Palmour, Price, Quillian, Robins, Roney, Sapp, Scruggs, Spence, Story, Strother, Summerlin, Thompson, Turner of Floyd, Turnipseed, Twiggs, Walker of Berrien, Wilson of Camden, Mr. Speaker-63.
So the report of the committee was adopted.

Mr. Barrow moved that the House recede from its amendment, which was a substitute for the bill, to the Senate bill to provide for the better inspection, management and control of the convicts of this State.
Mr. Winslow called for the previous question; the call was sustained and the main question ordered.
Mr. Barrow called for the yeas and nays ; the call was sustained, and on calling the roll the vote was as follows, to-wit:

Those voting in the affirmative are Messrs.Adderton, Anderson of Cobb; Awtry, Barnes, Bar-

TUESDAY, SEPTEMBER 27, 1881.

1151

row, Basinger, Beatty, Bird, Brinson, Broyles, Carter, Carithers, Clark, Cook, Davis of Habersham, Davis of Lumpkin, DuBignon, DuPree of Pike, Flynt, Fordham, Fuller, Goodrich, Hale, Harrell, Hester, Hill, Hillyer, James, Johnson of Lee, Jones of Dt>Kalb, Kimsey, Lamar, Lannon, Maddox, Mathews, McAllister, McClure, McKinney, Moore of Taliaferro, Nichols, Northen, Orr, Park, Peek, Polhill, Rainey, Rankin, Rice, Ritchie, Sellars, Silman, Stanford, Strother, Sumner, Sweat, Turner of Floyd, Whitth-1, Williams, Wilkinson, Wilson of GrePne, Wright, Zachry-62.
Those voting in the negative are MP,ssrs.Bu.l, Day, Dial, Feagin, Fostt>r, Gray, Henry, Hightower of Early, Hightower of Stewart, Hunt, Jackson of Carroll, Janes, Jemison, Lamb, Lester, Littl?., Mays of Richmond, McBride, Milner, Patterson, Perkins, Post, Rawlins, Reese, Re11der, Singleton, Smith of Union, Spearman, Stapleton, Tharpe, Walker of Crawford, Walker of Jasper, Wheeler, Willingham, Wilson of Bulloch, Winslow, Withrow, Zellars-38.
Those not voting are Messrs.Anderson of Newton, Arrington, Bacon of Chatham, Bates, Bennett,Branch, Branson;Brewer, Burch, Cameron, Christie, Coffin, Crawford, Crozier, Urumbley, Daniel, Denton, DuPree of Macon, Dyer, Dykes, Edwards, Estes, Farnell, Garrard, Gaskins, Hagen, Hall, Hammond, Harp, Heard, Heath, Hutchins, Jackson of Richmond, Johnson of Johnson, Tones of Baker, Julian, Keil, Kennedy, Lewis, Martin of Houston, Martin of Talbot, Mays of Butts, McCants, McClellan, Mcintosh, McLeod, McLucas, Middlebrook, Miller, Mitchell, Moore of Hancock, Moore of Pierce, Morrow, Palmour, PI"ice, Quillian, Robins, Roney, Sapp, Scruggs, Shockley, Smith of Oglethorpe, Spence,Story,Summerlin, Thompson, Turner of Monroe,Turnipseed, Twiggs, Walker of Berrien, Wilson of Camden, Wingfield, Youngblood, Mr. Speaker-74. So the Hoase receded from its amend:nent.

1152

JouRNAL OF THE RousE,

Mr. Jemison made the point of order that the bill had not been passed by the requisite majority of all members.
The Speaker pro tem. ruled the point not well taken. Mr. Jemison appealed from the decision of the chair -the Speaker protem. being in the chair. Mr. Jemison withdrew his appeal to the House and moved to reconsider the action of the House in receding from its amendment to the pP.nitentiary bill. Mr. DuBignon moved to lay the motion to reconsider on the table. Mr. Jemison called for the yeas and nays on the motion to table the motion to reconsider; the call was sustained aad on calling the roll the vote was as follows, to-wit:
Those voting in the affirmative are Messrs.-
Adderton, Anderson of Cobb, Awtry, Barrow, Basinger, Bird, Bull, Carithers, Christie, Clark, Cook, Davis of Lumpkin, DuBignon, DuPree of Pike, Flynt, Fordham, Fuller, Garrard, Hale, Harrell, Hester, Hightower o! Early, James, Johnson of Lee, Kimsey, Lamar, Lonnon, Lester, Martin of Houston, Martin of Talbot, McAllister, McBride, McClure, McIntosh, Moore of Taliaferro, Nichols, Northen, Orr, Park, Peek, Polhill, Rainey, Rice, Ritchie, Sellars, Silman, Spearman, Stanford, Stapleton, Strother, Sweat, Turner of Floyd, Turner of Monroe, Walker of Jasper, Whittle, Williams, Wilkinson, Wilson of Greene, Wingfield, Withrow, Zachry-62.
Those voting in the negative are Messrs.-
Daniel, Davis of Habersham, Day, Dial, Feagin, Foster, Goodrich, Henry, Hightower of Stewart, Hunt, Jackson of Carroll, Janes, Jemison, Little, Mathews, Mays of Richmond, McLucas, Mitchell, Patterson, Perkins, Post, Singleton, Smith of Union, Walker of Crawford, Wheeler, Willingham, Wilson of Bulloch, Zellars-28.

TUESDAY, SEPTEMBER 27, 1881.

1153

Those not voting are Messrs.-
.Anderson of Newton, Arrington, Bacon of Chatham, Barnes, Bates, Beatty, Bennett, Branch, Bran son, Brewer, Brinson, Broyles, Burch, Cameron, Carter, Coffin, Crawford, Crozier, Crumbley, Denton, DuPree of Macon, Dyer, Dykes, Edwards, Estes, Farnell, Gaskins, Gray, Hagen, Hall, Hammond, Harp, Heard, Heath, Hill, Hillyer, Hutchins, Jackson of Richmond, Johnson of Johnson, Jones of Baker, Jones- of DeKalb, Julian, Keil, Kennedy, Lamb, Lewis, Maddox, Mays of Butts, McCants, McClellan, McKinney, McLeod, Middlebrook, Miller, Milner, Moore of Hancock, Moore of Pierce, Morrow, Palmour, Price, Quillian, Rankin, Rawlins, Reese, Render, Robins, Roney, Sapp, Scruggs, Shockley, Smith of Oglethorpe, Spence, Story, Summerlin, Sumner, Tharpe, 'fhompson, Turnipseed, Twiggs, Walker of Berrien, \Vilson of Camden, Winslow, Wright, Youngblood, Mr. Speaker-84.
So the motion to lay on the table prevailed.

Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker :
The Committee on Enrollment report as duly enrolled and ready for the signature of the Speaker of the House of Representatives, the following act, to-wit:
.An act making certain appropriations, which were omitted from the general appropriation bill, and for other purposes.
Also, a resolution relating to the celebration of the battle of Yorktown.
Also, the following bill, which they report as duly enrolled, signed by the President of the Senate and ready for the signature of the Speaker of the Honstl of Representativt:'s, the following act, to-wit:
.An act to provide for the better inspection, manage73

1154

JouRNAL oF THE RousE,

ment and control of the penitentiary convicts of this
State.
Respectfully submitted, J. L. SwEAT, Chairman.

The following message was received from the Senate through Mr. Harris, the Secretary thereof:
Mr. Speaker~
I am instructed by the Senate to inform the Ho11se of Representatives that the Senate having completed their busines, are now ready to adjourn sine die.
Mr. Sweat, chairman of the Committee on Enrollment, submitted the following report :
Mr. Speaker : The Committee on Enrollment report as duly en-
rolled, signed by the Speaker of the House of Representati vE>s, President of the Senate, and delivered to the Governor thR lowing acts, to-wit:
An act to authorize the Town Council of Reynolds, in Taylor county, to issue bonds.
Also, an act to exempt Floyd county from the provisions of section 671 of the Revised Code of 1873.
Also, an act to incorporate the Kingston, Waleska and Gainesville Railroad Company_
Also, an act to regulate practice in the Supreme Court of Georgia.
Also, an act to incorporate the town of Millen. Also, an act to incorporate the town of Grovetown, in the county of Columbia_ Also, an act to incorporate the Georgia Southern and Florida Railroad. Also, an act to incorporate tJ;te Elberton and Point Peter Railroad Company. Also, an act to incorporate the Covington and North Georgia Railroad Company. Also, an act to incorporate the Monticello and Trans Oomulgee Railroad Company.

TUESDAY, SEPTEMBER 27, 1881.

1155

Also, an act to amend section 4505 of the Code of 1873.
Also, an act to protect creditors in cases of voluntary assessment by insolvent debtors.
Also, an act to incorporate the town of Summerville, in Chattooga county.
Also, an act to provide for the payment of Ben. F. Culp and John B. Burch for the arrest of Charles F. Kelly.
Also, an act to require the chairman of the House Finance Committee to keep a register.
Also, an act to amend section 4368 of the Code of 1873.
Also, an act to amend an act to provide for the better organization, government and discipline of the volunteers of this State.
Also, an act to repeal an act creating a Board of Commissioners of Roads and Revenue for the' county of Madison.
Also, an act to enable the trustees of the University of Georgia to inaugurate a system of free tuition in that institution.
Also, an act to amend an act to repeal the several acts establishing Commissioners of Roads and Revenue in the counties of Jones, Chattahoochee, Douglas, Bulloch and Heard, assented to September 26, 1879, so far as relates to Douglas county.
Also, an act to provide compensation for the Sheriff of the Supreme Court of this State in pauper cases.
Also, an act to incorporate the South Side Street Railroad Company.
Also, an act to amend the charter of the Elberton Air-Line Railroad.
Also, an act to incorporate the Etowah and Blue Ridge Railroad Company.
Also, an act to incorporate the town of Morrow, in the county of Clayton.

1156

JOURNAL OF THE HOUSE,

Also, an act to amend section 1562 of the Code of 1873.
Also, an act to charter the Middle Georgia Railroad Company.
Also, an act to prescribe the mooe and manner of making insurance returns to the Comptroller-General.
Also, an act to regulate the practice in equity causes referred to Masters in Chancery.
Also, an act to incorporate the Dahlonega, Dawsonville and Gainesville Telephone and Telegraph Company.
Also, an act to amend an act incorporating the town of Tennille, in Washington county.
Also, an act to incorporate the Citizens' Savings Hank of Savannah.
Also, an act to authorize l!tud empower the Mayor of the city of Savannah to tax the property of the Savannah, Florida and Western Railroad.
Also, an act to incorporate the Elberton, and Petersburg Railroad Company.
Also, an act to prescribe the mode of equity practice in certain cases.
Also, an act to make permanent the income of the University of Georgia.
Also, an act to extend and make applicable the provisions of sections 1449, 1450, 1451, 1452, 1453 and 1454 of the Code to the 31st, 38th and 260th district, G. M., in the county of Scriven.
Also, an act to repeal an act to incorporate the town of Lawtonville.
Also, an act for the appointment of county police and patrol for Richmond county.
Also, an act to amend the several acts incorporating the city of Macon, in Bibb county.
Also, an act to prohibit the selling or furnishing liquor in the 483d district, G. M.
Also, an act to authorize the Commissioners of

TUESDAY, SEPTEMBER 27, 1881.

1157

Twiggs county to purchase property advertised for sale for State and county taxes.
Also, an act to regulate the manner of letting out contracts to build or repair pub1ic bridges, causeways, or other public wol'ks, in Polk county.
Also, an act to allow the voters of Macon county to pass upon prohibiting the sale of spirituous liquors in Macon county.
Also, an act to amend sE>ction 3509 of the Code of 1873.
Also, an act to change the time of holding the Superior Court for Clayton county.
Also, an act to authorize the City Council of the city of Macon to submit to a vote the question of purchasing the Holiday property for school purposes.
Also, an act to protect the farming interest of Monroe county in this State.
Also, an act to enlarge the powers ofcounty authorities of thi8 State by levying taxes for pauper purposes.
Also, an act to authorize municipal corporations in this State to provide by ordinance for the forfeiture and collection of appearance bonds, etc.
Also, an act to amend an act incorporating the Tal botton Branch Railroad Company, approved August
23, 1872. Also, an act to incorporate the South Side Street
Railroad Company. Also, an act to amend the charter of the Elberton
Air-Line Railroad. Also, an act to incorp.:>rate the Etowah and Blue
Ridge Railroad Company. Also, an act to incorporate the town of Morrow, in
the county of Clayton. Also, an act to amend section 1562 of the Code of
1873. Also, an act to charter the Middle Georgia Railroad
Company.

1158

JouRNAL oF THE HousE,

Also, an act to prescribe the mode and manner of making insurance returns to the Comptroller-General.
Also, an act to abolish the County Court of Richmond county.
Also, an act to incorporate the town of Vienna, in the county of Dooly.
Also, an act to amend an act approved October :16, 1879, to prescribe the manner of foreclosing certain chattel mortgages, etc_
Also, an act to repeal an act approved September 25, 1879, in reference to the road laws of this State, in DeKalb county.
Also, an act to amend the charter of the town of Camilla.
Also, an act to compel Clerks of the Superior Courtto deliver up ballots in their possession, etc.
Also, an act to incorporate the Rome Southern Railroad Company.
Also; an act to provide for the keeping of a record in each county of this State of the wild land lying and being therein.
Also, an act to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Fulton.
Also, an act to require each county in this State to defray all expenses of trying every commission of lunacy, and for other purposes.
Also, an act to provide for the enforcement of the bonds of county officers who filed their official bond after the time bas elapsed for executing and filing such bond under existing law.
Also, an act to prohibit the sale of liquor in Burke county.
Also, an act to alter and amend the charter of the Bainbridge, Cuthbert and Columbus Railroad Com pany.
Also, an act to incorporate the Chattahoochee Canal Company.

TU..Il.SDAY, SEPTEMBER 27, 1881.

1159

Also, an act to confer additional powers upon the Board of Commissioners of the town of Hampton, in the county of Henry.
Also, an act to incorporate the Atlanta Home Insurance Company.
Also, an act to prohibit the sale of whisky within two miles of any church in Forsyth, Monroe county.
Also, an act to require the Judge of the Superior Court of the county of Jackson, to have published in advance the order in which he will take up the docket.
Also, an act to regulate the manner of letting out contracts to build or repair public bridges.
Also, an act to incorporate the Rome Canal and Water Company.
Also, an act to regulate the practice of medicine in this State.
Also, an act to incorporate the Cedar Town Railroad Company.
Also, an act to prevent the purchase or sale or receipts or deliver of seed cotton between sunset and sunrise.
Also, an act to order an election to determine if the sale of intoxicating spirits shall be prohibited in the county of Worth.
Also, an act to amend an act to prohibit the killing of partidges, wild turkey and deer at certain seasons in the counties of Lowndes, Thomas and Putnam, ap proved February 28, 1874.
Also, an act to authorize the Mayor and Council of the dty of Dalton to levy a tax for school purposes.
Also, an act for the relief of the bondsmen on the bond of the Stonewall Rifles for arms furnished by the ~tate of Georgia.
Also, an act to amend an act incorporating the town of Talbotton.
Also, an act to prevent the reckless and unnecessary destruction of fish in Scriven county.

1160

JouRNAL OF THE HousE,

Also, an act to create or provide for the appointment of Road and Revenue Commissioners in the county of Emanuel.
Also, an act to incorporate the Greenville and White Sulphur Springs Railroad Company.
Also, an act to define the authority of the C)mmissioners of Roads and Revenue of Glynn county.
Also, an act to appropriate $5,000 for the repair of the public buildings at Milledgeville.
Also, an act to prohibit th~-> f'ale of intoxicating liquors in the town of Luthersville, Meriwether county.
Also, an act to amend an act to incorporate the town of Sharpsburg, in Coweta county.
Also, an act to incorporate the Atlantic and Pacific TelPgraph Company.
Also, an act to authorize the foreclosure of mortgages in equity, as well as in the manner prescribed by the Code.
Aiso, an act to confer additional powers on the corporate towns and villages of this State.
Also, an act to amend section 13 of the school law of August 23, 1872.
Also, an act to amend an act incorporating the Gate City Street Railroad Company.
Also, an act to alter and change the time for holding the Superior Courts in the county of Baldwin.
Also, an act to incorporate the Brunswick and Flint River Railroad Company.
Also, an act to make the Jury Commissioners of Fulton county .Tury Commissioners of the City Court.
Also, an act to prohibit the sale, or furnishing, spirituous or intoxicating liquors within three miles of Davidsboro Baptist church, in the county of Washington.
Also, an act to incorporate the town of Alapaha, in the county of B<>rrien.
Also, an act to alter and amend the several acts incorporating the Baptist Convention of this State.

TUESDAY, SEPTEMBER 27, 1881.

1161

Also, an act to authorize the crossing by bridge or track ofthe outlet of the Savann::th and Ogeechee Canal, below the lock, in the city of Savannah.
Also, an act to prohibit the sale of whisky in the county of Walton.
Also, an act to amend an act approved March 2, 1875, relating to the county of Butts, and for other purposes, applies to the 217-!, 218 and 220th militia district, Clarke county.
Also, an act to encourage the culture ot fish in the Ocean Pond, and in all waters, lakes and ponds on land lots Nos. 78, 106, 107, 108, 124 and 154, sixteenth district, G. M., of Lowndes county.
Also, an act to exempt toll-cotton, received by the ,;inners of this State, from judgment, lien or decree against the person owning the same.
Also, an act to authorize the building a railroad from Covington, Newton county, to the Ocmulgee river.
Also, an act to levy and collect a tax from dealers in iron safes doing business in this State.
Also, an act to alter and amend section 3698 of the Revised Code of 1873.
Also, an act to amend so much of the charter of Savannah as provides for the election of a Jailer, etc.
Also, an act to appropriate money for the purchase of books for the State Library, etc.
Also, an act to appropriate money to the State Deaf and Dumb Asylum.
Also, an act to incorporate the Savannah Transportation Company.
AI so, an act to amend the charter of the Northeastern Railroad.
Also, an act to amend section 1631 of the Code of 1873.
Also, an act to incorporate the Savannah Freight Tramway Company.
Also, an act to incorporate the Red Line Steamboat Company.

1162

JouRNAL OF THE RousE,

Also, an act to prevent the hunting or fishing on the lands of another.
Also, an act to establish a Board of Commissioners for Scriven county.
Also, an act to incorporate the Indian Springs Railroad Company.
Also, an act to carry into operation article 11, section 1, paragraph 3 of the Constitution.
Also, an act to authorize proceedings in equity in certain cases of insolvency.
Also, an act to create a Board of Commissioners Of Roads and Revenue in the county of Polk.
Also, an act to incorporate th~ Romney Marsh Canal and Navigation Company.
Also, an act to provide for a settlement and adjustment of the claims of the State against the Marietta and North Georgia Railroad Company on the terms herein stated.
Also, an act to create a Board of Commissioners of Roads and Revenue, for Taylor county.
Also, an act to make it a misdemeanor for any per son to obstruct the free passage of timber on the waters of this State.
Also, an act to provide compensation for the Commissioners of Roads and Revenue for the county of Dougherty.
Also, an act to appropriate money to pay VanDyke, Cook and VanDyke, and N. J. Hammond,for services rendered.
Also, an act to amend an act to incorporate the Walton Railroad Company.
Also, an act to appropriate money to pay W. W. Holt, etc.
Also, an act to require the owners of all horses, mules, sheep, etc., to keep the same from running at large.
Also, an act to provide for the registration of voters in the:city of Savannah.

TUESDAY, SEPTEMBER 27, 1881.

1163

Also, an act to amend an act relating to fence and stock, and for the protection of crops, etc.
Also, an act to establish a Board of Pharmaceutic Examiners for the State of Georgia.
Also, an act to submit to the legal voters of Sumter county the question of prohibiting the sale of spirituous liquors in Sumter county.
Also, an act to incorporate companies formed within this State.
Also, an act to regulate and fix the time of holding elections by the General Assembly.
Also, an act to make it unlawful for persons owning a cotton compress to cut from any bale of cotton, etc.
Also, an act to establish a bqmch College of Agriculture, in Hamilton, in this State.
Also, an act to extend the provisions of sections ' 1449, 1450, 1451, 1452, 1453 and 1454 of the Code of 1873, etc.
Also, an act to incorporate the Cummiog and Suwanne Railroad Company.
Also, an act to prescribe for the compensation OJ certain public officers of this State.
Also, an act to require Clerks of Superior and City Courts to make immediate record of certain original papers filed in said courts.
Also, an act to amend section 3514 of the Code ~of 1873.
Also, an act to change the fiscal year and provide when official reports shall be made.
Also, an act to abolish the County Court of Scriven county.
Also, an act to incorporate the Gainesville, Blairsville and State Line Railroad Company.
Also, an act to change the time for revising the jury boxes of this State
Also, an act to repeal an act to encourage immigration to Georgia.

1164

JOURNAL OF THE HOUSE,

Also, an act to amend an act to provide for the manner of tax sale.~ by municipal corporations.

Also, an act to amend an act entitled an act to regulate the manner of letting out contracts to build and repair public buildings, etc., in the several counties

of this State, approved February 29, 1879.

Also, an act to authorize the Town Council of Thomaston, in Upson county, to issue and sell bonds

to the amount of $5,000 for educational purposes.

Also, an act to fix and determine the manner of returning, for taxes, lands divided.

Also, an act to correct an error in a date occurring

in an act approved August 24, 1881.

Also, an act to promote medical science in this

State.



Also, a resolution to authorize the Governor to pay certain advertising bill of the Railroad Commission out

of the public printing fund.

Also, a resolution, in relation to State Geologist of

this ~tate.

Also, an act to amend an act to provide for the pay-

ment of certain insolvent criminal cost in theNorthern

Judicial Circuit.

Also, a resolution, relating to the celebration of the

battle of Yorktown.

Also, an act making certain appropriations, which

were omitted from the general appropriation bill, and

for other purposes.

Respectfully submitted, J. L. SwEAT, Chairman.

The House concurred in the Senate resolution to appoint a committee to notify the Governor that the General Assembly is ready to adjourn sine die.
The Speaker appointed as such committee-Messrs. Hunt, Zellars and Williams.

TUESDAY, SEPTEMBER 27, 1881.

1165

The committee returned and reported that the Governor bad no further communication to make.
The Journal was then read and approved. The Clerk of the House was instructed to notify the Senate that the House was ready to adjourn sine die. The House then adjourned sine die.

INDEX.

A.

.ABSENCE-LEAVE OF.

Granted to Mr. Mays, of Richmond . . . . . . . . . . . . . . 17

Messrs. Price and Tharpe . . . . . . . . . . . . . . 29

Messrs. Adderton, Davis of Habersham, Wright, Nichols,

Moore of Hancock, and Little. .

41

Messrs. Bates, Kimsey and Harp . . .

57

Mr. Turner of Munroe. . . . . . . .

77

Messrs. Hightower of Early, Brewer ~nd Hill

102

Committee on Penitentiary . . . . .

106

Mr. Moore of Taliaferro . . . . . . . . .

117

Messrs. Dyer and Walker of Jasper . . . . .

117

Messrs. Post, McClellan, Branch, Johnson of Lee, McAl-

ister and Silman . . . . . . . . . . . . . . . . 133

Messrs. Daniel, 'Valker of Berrien, Rawlins, Turnipseed,

Coffin, Arrington and Wilson. . . . . . . . . . . 143

Messrs. Cameron, Perkins and Turner of Floyd. . . . 154

Messrs. Keil, Withrow, Edwards, Jones, Cook, McBride,

Lonnon, Bacon of Chatham, and Kennedy.

179

Mr. Bates. . . . . . . . . . . . . . . . . . . . 197

~fessrs. Reese and Farnell . . . . . . . . . . . . . 210

Messrs. Tharpe, Brinson, Shockley, Glover, Harrell, Jones

of Baker, t'ltapleton, Price, Sumner,'Villingham, Johnson

of Johnson, Crozier, Spence and Davis of Habersham . 226

Messrs. Whittle and Estes

227

Messrs. James and Hester . . . . . . . .

236

Mr. Morrow . . . . . . . . . . . . .

247

Committee on the Deaf and Dumb Asylum

257

Messrs. Fordham, Jones of DeKalb, Martin of Houston,

Perkins and Davis of Habersham. . . . . .

261

The Special Committee on the Lunatic Asylum . . . 261

Messrs. Milner and Hill . . . . . . . . . . . . 277

Messrs. 'Valker of Berrien, Dyer, Feagin, Youngblood,

Render, Quillian, Scruggs, Walker of Jasper, and Mc-

Clellan ..........

Messrs. McLucas, McCants, Mathews, Rawlins, Julian,

Hightower of Stewart, Patterson, Nichols, Northen,

'l'umip.eed and DuPree of Macon . . . . . . .

1168

INDEX.

Messrs. Cameron, Hightower of Early, Silman, Hutchin~,

Turner of Floyd, and Zellars . . . .

Messrs. Denton and Story . . . . . . . . .

354

Messrs. Quillian, Gaskins and Crawford . .

365

Mr. Smith, Messenger . . . . . . . . . .

383

Messrs. Zachry, Beatty, Mcintosh, Perkins, Wilson of

Bulloch, DuPree of Macon, ani Goodrich . . . .

Messrs. Zellars, Christie, Price, Brewer, Lester, Williams,

Stanford, Martin of Talbot, Barnes, Arrington, Tharpe,

Harrell, Lamar, Crumbley, Sweat and DuBignon ..

Messrs. McAllister, Hillyer, Whittle, Gray and Bird . 408

Messrs. Dial and Stapleton . . . . . . . . . . . 420

Mr. Strother . . . . . . . . . . . . . . . . . 422

Messrs. Dial, Wilson of Camden, Johnson of Johnson,

Heard, Coffin and Smith . . . . . . . . . . . . . . 432

l.'tfr. Hagen . . . . . . . . . . . . . . . . . . . . 433

Messrs. Fordham, Walker of Jasper, Moore of Hancock,

and Lewis . . . . . . . . . . . . . . . . . . . 443

Messrs. Mathews, Mays of Butts, Arrington, Polhill, Dyer,

Bates, Little, Robins, Scruggs and Wright . . . . . 464

Messrs. Hall, Bacon of Chatham, Wingfield and Keil . 474

Messrs. Zellars and Peek . . . . . .

475

Messrs. Jones of Baker, and Willingham .

481

Messrs. McClellan, James and Julian . . .

487

Messrs. Turnipseed, Beatty, Orr, Rainey, Tharpe and

Jackson of Carroll. . . . . . . . . . .

500

Messrs. Branch, Rawlins, Cameron, Fuller, Glover, An

derson of Cobb, Spence, Wilson of Greene, Render,

Youngblood and Adderton . . . . . . . . . . . . . 512

Messrs. Brewer, Edwards, Kennedy, McLeod, Crozier,

Moore of Pierce, Johnson of Lee, Farnell, Turner of

Floyd, Davis of Lumpkin, Clarke, Martin of Houston,

and Miller, the Doorkeeper. . . . .

514

Messrs. Price, Hill and Turner of Munroe . . . . . . . 522

Messrs. Wilson of Camden, and McCants . . . . . . . 525

Messrs. Broyles, Carithers, Reese, Martin of Talbot, and

Hightower of Early . . . . . . . . . . . . . . 535

l\<fr. Hagen . . . . . . . . . . . . . . . . . . 542

Mr. Story, and the Committee on the Boundary Line of Georgia and South Carolina . . . . . . . . . . . 546

MEssrs. Peek, Hall, Glover, Perkins, Moore of Hancock, Palmour, Park, Day and Willingham . . . . . . . . 563

Messrs. Walker of Crawford, Ritchie, Feagin, Sumner and Brinson. . . . . . . . . . . . . . . . . . . . 567
Messrs. Crumbley, Winslow, Barnes, Quillian and Bird . 579 l.'tfr. Mays of Butts. . . . . . . . . . . 581

INDEX.

1169

Messrs. Hunt, Julian, Lester, Crozier, Heath, Mathews,

Walker of Jasper, Jackson of Carroll, Walker of Ber-

rien, Burch, Foster and Davis of Habersham . . . . 596

Messrs. Wright, Tharpe, Hill and Dyer. . . . . . 599

Messrs. Christie, Dykes, Willingham, Wilson of Greene,

and Moore of Taliaferro . . . . . . . . .

614

Messrs. Hillyer, DuPree of Pike, and Nichols . . . . 625

Messrs. Keil, Bacon of Chatham, and Bates . . . . . . 640

Messrs. Mclnto~h, Orr, Wilson of Bulloch, and Lamar . 655

Messrs. Keil, Whittle, Perkins, Stapleton and Turnipseed. 667

Mr. Anderson of Newton. . . . . . . . . . 674

Messrs. Williams, Nichols, Strother and DuPree of Macon 691

Mr. Hightower of Stewart . . . . . . . . . .

691

Messrs. Middlebrooks and Mays of Richmond .

694

Mr. Maddox . . . . . . . . . . . . . .

696

ADJOURNMENT. Sine Die . . . .

. . . . . . . . . . . . . . . 1165

ACADEMY FOR THE BLIND. A bill to establish an Academy for colored blind . . . . 179 523 533

ADVERTISING-LEGAL.
A bill to prescribe where county official advertising shall be published . . . . . . . . . . . . . . . . . . . . 260 312
To make uniform the publication of legal advertising . 557
AGRICULTURE, ETc.
A bill to promote the agricultural interests of Habersham county . 193 To prevent fraud in sales of nursery stock . . . . . . . . . 259 To extend the Department of Agriculture, by establishing county boards . . . . . . . . . . . . . . 337 693 943 944 To protect the farming interests of Monroe county. . 394 508 693 950
APPROPRIATIONS.
A bill to appropriate money for representation at The International Cotton Exposition . . . . . . . . . . . . . . 36 415 577 581
To appropriate money to repair public buildings at Milledgeville . . . . . . . . . . . . . . . . . . . . . 119 227
To appropriate the net proceeds of inspection of fertilizers to school purposes . . . . . . . . . . 120 235 288 758 760 941
To refund money to purchasers of lot 124, in the 5th district, 3d section of Bartow county . . . . . . . . . . . . . 121 229
To appropriate money to Vanl.Jyke, Cooke & VanDyke, and N.J. Hammond . . . . . . . . . . . . . . 132 627 767 1017
To appropriate money to the Gate City Guard, for services. . 153 To appropriate money to pay State bond No. 225 . . 154 642 790
74

1170

INDEX.

To appropriate money for representation of the State at York-

town . . . . . . . . . . . . . . . . . . . . . . . . . 155

To appropriate balance due to Public Printer on account of

1879-80 . . . . . . . . . . . . . . . . . . . . . 15.5 1139

Appropriating money to refund illegal taxes to the Home In-

surance Company, of N.Y. . . . . . . . . . . 178 625 630

Approptiating money to refund illegal taxes to Underwriters'

Agency, of N.Y. . . . . . . . . . . . . . 179 626 632

Appropriating money to Messrs. Mynatt & Howell, attorney's

fees . . . . . . . . . . . . . . . . . . . . . . . . . 184"

Appropriating money to construct a road across Blue Ridge,

Towns county . . . . . . . . . . . . . . . . . . . lSi< 257

Appropriating money to H. P. Hammett . . . . . . 191 403 509

Appropriating illegal taxes to the American B. H. 0. Sewing

Machine Company. . . .

. . . . . . . . 221

Appropriating illegal taxes to the Atlantic Fire Insurance

Company, of N. Y. . . . . . . . . . . . . . . . . 222 657 846

Appropriating illegal taxes to the Continental Insurance Com-

pany, of N.Y. . . . . . . . . . . . . . . . . 222 657 847

Appropriating illegal taxes to the American Fire Insurance

Company, of Philadelphia . . . . . . . . . . . . 222 658 846

Appropriating illegal taxes to the Fire Association, of Phila-

delphia . . . . . . . . . . . . . . . . . . . . 222 658 850

Appropriating illegal taxes to Franklin Fire Insurance Com-

pany, of Philadelphia . . . . . . . . . . . . . . 222 658 851

Appropriating money to build a State Capitol .. 231 567 622 665

Appropriating illegal taxes to Girard Fire Insurance Com-

pany, of Pennsylvania . . . . . . . . . . . . 265 659 874

Appropriating illegal taxes lo Insurance Company of North

America . . . . . . . . . . . . . . . . . . . . . 265 875

Appropriating illegal taxe~ to Lorrillard Fire Insurance Com-

pany, of N.Y.. . . . . . . . . . . . .

. . 265 8ii

Appropriating illegal taxes to Manhattan Fire Insurance

Company, of N. Y. . . . . . . . . . . . . . . . . . 265 878

Appropriating illegal taxes to Niagara Fire Insurance Com-

pany, of N. Y. . . . . . . . . . . . . . . . . . 265 880

Appropriating illegal taxes to 'Vestchester Fire Insurance

Company, of N.Y. . . . . . . . . . . . . . . . . . 302 669 919

Appropriating illegal taxes to Williamsburg City Fire Insur-

ance Company, of N.Y. . . . . . . . . . . . . . 302 669 921

Appropriating illegal taxes to Phrenix Fire Insurance Com-

pany, of Brooklyn, N.Y. . . . . . . . . . . . 302 669 922

Appropriating illegal taxes to Pennsylvania Fire Insurance Company . . . . . . . . . . . . . . . . . 302 669 924

Appropriating illegal taxes to German American Insurance Company, of N.Y.. . . . . . . . . . . . . 302 669 925

INDEX.

1171

Appropriating the net proceeds from hire of State convicts to support of the State University . . . . . . 303 692
Appropriating $3,000 to the Deaf and Dumb Asylum .307 968 1034 Appropriating money to I. Y. Sawtell . . . . . . . . . . 308 Appropriating money to rebuild North Georgia Agricultural
College . . . . . . . . . . . . . . . 352 419 500 624 681 Appropriating money to meet omissions in the general appro-
priation act . . . . . . . . . . . . . . 393 693 1023 1131 Appropriating money to pay two Georgia Bonds owned by es-
tate of N. B. Knapp . . . . . . . . . . . . . . . . . 403 417 Appropriating money to encourage immigration . . . . . . 415 Appropriating money to enlarge the Lunatic Asylum .453 560 579 Appropriating money for the preparation, publication and dis-
tribution of a history of Georgia . . . . . . . 403 416 499 512 Appropriating $50 as witness fees to J. L. Logan . . . . . . 515 Appropriating $60 for relief of 0. H. Roberts . . . . . . . . 517 Appropriating money to Thomas L. Snead . . . . . . 523 533 542 Appropriating money to purchase books for the State Library
585 839 999 Appropriating money to pay ballance due Hon. W. W. Holt.
585 1001 1029 1044 1045 1103 Appropriating balance due John W. Heidt, as Solicitor-Gen-
eral in 1862 . . . . . . . . . . . . . . . . . . . . . 585 Appropriating the net hire of convicts to the common school
fund . . . . . . . . . . . . . . . . . . . . . . . . 689 Appropriating money to repair the old capitol building.. 689 776 Appropriating money to repair the Deaf and Dumb Asylum.. 743

ATTORNEY-GENERAL.

Communication from, on revision of Code .

144

A bill to provide a clerk for . .

146

B.
BANKS.
A bill to incorporate Dahlonega Savings' Bank . . . . . . 98 639 To incorporate the Citizens' Savings Bank of Savannah .. 147 378 628 771 To incorporate the !'Ianter's Banking 'Varehouse and Commission Company, at Camilla . . . . . . . . . . . 250 292 479 To amend the charter of the Augusta Saving~ Institution . . 293 To amend the charter of the Citizens' Bank of Augusta . 104 309 324 511 598 720
BONDS-CouNTY.
A bill to provide for i~suing new bonds for Clarke county . . 46 565 595 To amend an act authorizing Dougherty county to issue bonds 564 To repeal an act authorizing settlement of bonds of Bartow !'OUnty, etc., etc . . . . . . . . . . . . . . . . . . 596 60S

1172

INDEX.

BONDS-MUNICIPAL.
A bill to provide for paying interest of bonds of the city of M:acon.54 293 To amend an act authorizing the issue of certain bonds by the city of Macon. . . . . . . . . . . . . . . . . 54 To authorize the issue of bonds by the Mayor and Council of Macon . . . . . . . . . . . . . . . . 104 522 530

BONDS-OFFICIAL.
A bill to reduce and fix the Sheriff's bond of Quitman county . . . 140 To legalize certain bonds of county officers . . . . . . . . 147 To relieve certain county officers by legalizing their official bonds . . . . . . . . . . . . . . . . . . . . 155 643 835 To reduce the bond of the Sheriff of Early county .. 189 252 292

BONDS-OF RAILROADS AND OTHER CORPORATIONS.
A bill to provide payment of certain coupons of M. & B. R. R., in dorsed by the State . . . . . . . . . . . . . . . . 54 967

BONDS-STATE.
A bill directing Treasurer to pay certain valid past due bonds of Georgia, etc . . . . . . . . . . . . . . . . . . 563 568 648

BRIDGES, CAUSEWAYS, ETc.

A bill to regulate letting out contracts for building or repairing . . 120

235 815 914 969 1042

To amend the law in regard to repairs of bridges, etc . . . 175 266

643 912 914 969 1042

To exempt Floyd county from section 671 of the Code, requir

ing bonds to keep bridges, etc., in repair . . . . . 176 644 913

To declare bridge of W. D. Young over Tallulah River a toll

bridge. . . . . . . . . . . . . . . . . . . . . 190 353

To regulate the Jetting out contracts for building bridges, etc.,

in Polk county . . . .

. . . . . _ . . . 267 668 914

c.

CANALS AND NAVIGATION COMPANIES.
A bill to incorporate the Augusta Canal and Savannah River Steamboat Company - . . . . . . . . . . . . . . . 100 598 720
To amend the charter of Skidaway Narrows Canal Co .105 522 531 To incorporate the Vernon and Ogeechee Canal Co.. 105 522 531 To incorporate the Savannah and Tybee Transportation Co. . 105 To incorporate the Savannah Freight and Tramway Company 105 To incorporate the Red Line Steamboat Company . . 177 523 532 To incorporate the Chattahoochee Canal Compauy .. 184 656 843 To incorporate the Merchants' and Planters' Steamboat Com-
pany . . . . . . . . . . . . . . . . . . . 308 323 560 To incorporate the Rome Canal and Water Co. . . 412 693 952

INDEX.

1173

To authorize the crossing of the Savannah and Ogeechee Canal by bridge or otherwise . . . . . . . . . 514 839 987
To incorporate the Romney 1\IarBh Canal and Navigation Company . . . . . . . . . . . . . . . . 586 1031
To incorporate Ocean Steam Navigation Company. 615 740 1031

CHAIN-GANGS.
A bill to.repeal an act providing of chain-gangs for misdemeanor convicts . . . . . . . . . . . . . . . . . . . . . 585
To amend the act authorizing the organization of chain-gangs for misdemeanor convicts . . . . . . . . . . . . . . . 744

CHURCHES-INCORPORATION OF. A bill to incorporate New Hope M. E. Church, Carroll counnty . . 455

CLARKE COUNTY.

A bill to provide for payment of debt of .

. . 54 293 303

To apply a certain act to certain Militia Districts of Clarke

county . . . . . . . . . . . . . . . 57 403 415

CLERKS SUPERIOR, COUNTY AND CITY COURTS.

A bill to provide compensation of. . . . . . . . .

20

To provide extra compensation for . . . . . . . . .

4a

To require immediate record of certain papers . . . . 60 567 620

To require Clerks Superior Court to cancel certain deeds. . 122

To authorize Clerk Superior Court of Richmond county to re-

quire security for costs . . . . . . . . . . . . . . . . . 149

To require Clerks of Superior Courts to deliver ballots, etc., 180 644 946
To prohibit Clerks of Superior Courts from practicing law . 78 597 640

CODE-AMENDMENTS OF, ETC.

A bill to amend section 1950, as to bills of exchange . . . . . 11 353 521

To repeal an act repealing section 5323, relating to punish-

ment for murder . . . . . . . . . . . . . .

20

To amend the Code as to cheating and swindling .

20

To repeal section 3554 of the Code . . . . . . .

149

To amend section 244 of Revised Code . . . . . .

20

To amend section 1455 of the Revised Code . . . . . 20 261 378

To amend section 4077 of the Code . . . . . .. .

123

To amend an act amendatory of section 1646 . .

20

To amend section 1269 of the Code . . . . . . .

187

To amend section 3033 of the Rgvised Code . . .. To amend section 3854 of the Code . . . . To amend section 4542 of the Code . . .. To amend section 4637 of the Code . . .

20 21 141 21 259

To amend an act amending section 2009 of the Code . . . . 122

1174

INDEX.

To repeal an act amendatory of section 1646 of the Code, and repeal secti')n 1650 . . . . . . . . . . . . . . . . 21

To amend section 1922, et al, a~ to the lien laws . . . . . . 22 524

To amend an act amending section 4310, approved August 11, 18i9 . . . . . . . . . . . . . . . . . . . . . . . . 22

To define and amend the Code as to cheating and swindling . 22

To amend section 829 of the Code, and regulate returll$ for

taxes on land< severed by connty lines . . . . . 22 297 564 573

To amend section 3033 of the Code, as to damages for injury

to live stock by Railroads . . . . . . . . . . . . . . . 22

To amend section H24 of the Code . . . . . . . . 31 740 766

To amend section 13Hl of the Code-Election of county officers

119 206 225

To amend section 42.5\l of the Code . . . . . . . . . 32 564 577

To amend section 2973 of the Code . . . . . . . . . . . . 33

To repeal sections 1631, 1633, 1634 and 1635 of the Code. . . 43

257 1001 1017

To amend section 3648 of the Code .

. llQ 231 508

To amend "eetion 4575 of the Code .

. 43 398

To amend section 1646 of the Code .

60

To amend section 4323 of the Code .

. 60 408

To amend section 4372 of the Code .

60

To amend section 1407 of the Code .

. 78 257 634 646 843

To amend section 610 of the Code . .

. . . 78 121

To amend section 1711 of the Code .

. 78 121 636

To amend section 16i6 of the Code .

78

To extend the provisions of ~ection 4255 .

79

To amend section 4058 of the Code . . .

79

To amend section 4527 of the Code . . .

. 79 216

To amend sections 1449 and 1455-as to fences, etc .

. 92 123

To amend section 2533 of the Code . . . . . . . . . . . 105 598

To amend section 3.533 of the Code . . . . . . . . . 106 122

To amend section 340 of the Code . . . . . . . . . . . . . 123

To amend section 4161 of the Code . . . . . . . . . . . 123 132

To amend sections 3838 and 3339 of the Code ..

131

To amend section 3939 of the Code .

132

To amend section 2900 of the Code . . . .

140

To amend section 1312 of the Code . . . .

141

To amend section 926 of the Code . . . . .

145

To amend section 4i)04 of the Code . . . . . . . . . . . 156 257

To enforce section 3921 of the Code . . . . . . . . . . . 156 815

To amend section 369G of the Code .

157

To amend section 3:201 of the Code .

157

To amend section 3976 of the Code .

. . . . . 157 258

To amend section 2967 of the Code .

. . . . . 158

To amend section 3514 of the Code .

. 159 815 1026

INDEX.

1175

To amend section 3509 of the Code .

. 159 642 794 813

To amend section 3845 of the Code .

. . 159 642 811 1045

To amend section 2040 of the Code . . . . . 216 658 854 859 1036

To amend the judiciary act contained in ~ection 3580 of the

Code. . . . . . . . . . . . . . .

217

To amend section 1408 of the Code .

525

To amend section 1985 of the Code . . . .

240

To amend section 1991 of the Code . . . .

265

To repeal section 2410 of the Code . . . . ..

266

To amend section 315 of the Code . . . . . . .

266

To extend the provisions of sections 1449, 1450, 1451, 1452,

1453 and 1454 of the Code . . . . . 295 334 669 917 945 1021

To amend section 4109 of the Code . . . . . . . . . 308 322 480

To amend section 205 of the Code . . . . . . . . . . . . . 377

To amend section 4565 of the Code . . . . . . . . . . . . . 352

To amend section 4139 of the Code . . . . . . 392 693 814 825

To repeal an act amendatory of section 3623 of the Code . . 616

839 1032 1049

To amend section 1562 of the Code .

. . . . . . 410

To amend section 1286 of the Code .

. . . . . 454 952

To amend ~ection 3213 of thE! Code . . . . . . . . . . . 454

To amend sections 4538 and 4-540 of the Code . . . . . . . . 454

To amend section 3698 of the Code . . . . . . . . . 454 694 954

To amend section 4363 of the Code . . . . . . . . . . . 516 995

To amend section 1427 of the Code as to taking up estrays. . 516

968 995

To correct mistakes in sections 1Hi8, 1987,1989, 1992and 1994 561

To amend section 4612 of the Code. . .

. . . 584

To amend section 4505 of the Code . .

. 586 1001

To amend section 3214 of the Code . .

. 593 1031

To amend section 191 of the Code . . .

. . . 689

To authorize the publication of a New Code . . . 157 692 739 759

COMMISSIO:NERS-CouNTY.

A bill to legalize action of, as to court-house square in Douglasville, Douglas county . . . . . . . . . 14 354 370 385 395 524 539
To authorize the Commi~sioners of Mitchell county to levy a tax, etc. . . . . . . . . . . . . . . . . . . 22 280 404 511

To authorize the Commissioners of Mitchell county to issue

bonds, etc. . . . .

. . . . . . . . . . . . . 23 404 560

To provide compensation for Commissioners of Roads and Revenue of \Varren county . , . . . . . . . . . . . . . 26
To amend act of February, 1876, as to Board of Commissioners of Lee county. . . . . . . . . . . . . . 143 244 627 770
To create a Board of Commissioners of Worth county . 27 524 573 To amend an act creating a Board of Commissioners of Roads
and Revenues for Fulton county. . . . . . 153 642 790

1176

INDEX.

To empower County Commissioners to issue license for the sale

of liquors, etc . . . . . . . . . . . . . 21

To repeal an act establishing CommissionerB for the county of

Murray. . . . . . . . . . . . . . 33 243 564 576

To amend an act establishing a Board of Commissioners for

Columbia county . . . . . . . . . . . . . . . 44 565 593

To repeal an act to create a Board of Commissioner~ for Fay-

ette county. . . . . . . . . . . . . . . . . . 150 641

To amend an act creating a Board of Commissioners for Chat-

tooga county . . . . . . . . . . . . . . . . . 46 565 609

To suspend the act creating Board of Commissioners for Mil-

ton county . . . . . . . . . . . . . . 54 119 120 200

To authorize CommiRsioners of Baker county to levy and col-

lect a tax. . . . . . . . . .

. . . . . . . 56 120 231

To repeal an act establishing Road Commissioners for Bryan

county.. . . . . . . . .

. . . . . . . . . . 61

To define the powers of Commissioners of Glynn county, etc .

81 178 251 291 412 952

To amend an act creating Board of, for Greene county . . . 82 719

To repeal an act establishing Commissioners for Mcintosh

county and city of Darien .' . . . . . . . . . . . . . 99

To create a Board of Commissioners of Roads and Revenues

for Mcintosh county. . . . . . . . . . . . . . . . 99

To amend an act creating a Board of Commissioners of Roads

and Revenues for Webster county, approved Feb. 14, 1873,

104 :!51 286 480

To amend an act creating Commissioners for Webster county,

approved August 23, 1872 . . . . . . . . . . . . . . 251

To amend an act to create a Board of Commissioners for Web-

ster county, approved August 23, 1872. . . . . . . . . 104

To em power Commissioners of Twiggs county to purchase prop-

erty ~old under executions in which said county is inter-

ested . . . . . . . . . . . . . . . . . . 108 608 916

To create a Board of Commissioners for Brooks Co... 112 308 322

To amend an act creating a Board of Commissioners of Roads

and Revenue for Taylor county . . . . . . 132 196 815 1112

To authorize Commissioners of Newton county to levy an ex-

tra tax . . . . . . . . . . . . . . . . . . . . . . . . 155

To empower County Commissioners of Twiggs county to pun-

ish Road Commissioners. . . . . . . . . . . . . . 173 294

To authorize County Commissioners and Ordinaries to appropriate certain funds to the salary of County Judges . . 181

To compensate the Commissioners of Roads and Revenue of Taliaferro county . . . . . . . . . . . . . 187 657 844

Amendatory of an act authorizing Commissioners of Newton county to levy an extra tax to pay county debt 188 530

INDEX.

1177

To authorize the Commissioners of Floyd county to purchase bridges, etc . . . . . . . . 190 563 572

To authorize Commissioners of Dougherty county to issue

bonds . . . . . . . . . . . . . 190 564 572

To authorize the Commissioners of Camden county to make

settlement with Hon. J. M. Arnow. . . . . . . . . . 220

To create Commis~ioners for Emanuel county . . . . 221 657 845

To create a Board of Commissioners for Habersham county . 226

To repeal an act amending an act creating Commissioners for

Baker county . . . . . . . . . . . . . . . . . . 231

To amend an act creating a Board of Commissioners for Cobb

county . . . . . . . . . . . . . . . . . . . . 342

To amend an act creating Board of Commissioners of Roads

and Revenue for the counties of Jones, Douglas, and other

counties . . . . . . . . . . . . . . .

. . 409 693 951

To create a Board of Commissioners for Hancock Co . 475 694 955

To repeal an act creating a Board of Commissioners for Madi-

son county . . . . . . . . . . . . . . . . . . . 553 670 996

To amend an act creating Commissioners for Taylor Co . 688 1033 To provide compensation for Commissioners of Doug-herty
county . . . . . . . . . . . . . . . . 220 245 690 740 1033 To create a Board of Commissioners for Polk county. 744 969 1039 To establish a Board of Commissioners for Scriven Co.769 839 1041

CONSTITUTION-AMENDMENTS OF.

A bill to change article 3, section 4, paragraphs 2 and 3, and article

5, section I, paragraph 3 . . . . . . .

12

To change paragraph 6, section 5, article 3 . . . . . . . . 12

To change paragraph 1 section 9, article 3 . . . . . . . . 12 896

To enforce ~rticle 11, section 1, par 3.. 15 403 522 873 884 1031

To amend paragraph 1, section 1, of article 7. . . . . 21 740 857

To amend an act to carry into effect paragraph 1, section 1,

article 7 of the Constitution. . . . . . . . . . . . . . 65

To carry into effect article 8, section 4 of the Constitution . . 65

To carry into effect paragraph 6 of section 4 of art. .5.. 79 967 975

Tc enforce section 2, article 2 as to registration of voters. . . 106

To amend an act to enforce paragraph 2, section 18; article 6. 156

To amend an act to enforce par. 2, sect. 18, art. 6 . . 156 522 545

To amend an act to enforce paragraph 9, article 6 in relation to Judges pro hoc vice . . . . . . . . . . . . 158 644
To enforce the last clause of sec. 1, art. 7 of the Constitution . 216

To amend an act to enforce the last clause of paragraph 1, section 1, article 7 . . . . . . . . . . . . . . . . . . 288
To repeal par. 15 of sec. 7, art. 3 of the Constitution . . . 259 913

To amend the Constitution by striking therefrom paragraph 15, of section 7, article 3 . . . . . 259 692 913 938

1178

INDEX.

CONSTITUTION.

A bill to amend the Constitution by striking out paragraphs 15 and 16 of article 3, section 7 . . . . . . . . . . . . . . 337 669
To amend p:tragraph 1, section 12, article 6 of the C,:mstitution in relation to election of Judges and Solicitors . . . 523 535

542 546 939

To amend the Constitution by striking out section 9, para

graph 1, in article 3, etc. . . . . . .

. . . . 772 882

CONVICTS-COUNTY. A bill to amend an act to control certain convicts in Bibb county . . 262

CONVICT5-STATE.

A bill to provide for the better control of State convicts . . 77 303 351

422 423 460 470

To authorize [he transfer of, from camp to camp .

146

To provide clothing, etc., for discharged convicts . . . 297

CORPORATIONS-)liSCELLANF.OUS.
A bill to incorporate the Georgia Improvement Company . . . . 496 To incorporate the Savannah Storage Company . 56 287 508 1001 To amend an act incorporating the Contractor8' Association . 268 To incorporate the Grand Council of Knights of Temperance of this State .. . . . . . . . . . . . . . . . . . . . 950

COSTS.
A bill to regulate payment of insolvent costs in Mcintosh county. 17 To secure payment of costs in divorce cases . . . . 43 To provide for insolvent criminal costs of Clerk and Sheriff of Richmond county . . . . . . . . . . . . . . . . 140 769 To provide for payment of certain insolvent criminal costs in the Northern Circuit . . . . . . . . . . . . . . 515 988 To provide for payment of costs to J mtices of the Peace and Con,;tables . . . . . . . . . . . . . . . . . . . . . . 556

COUNTY-LINES-CHANGES OF.
A bill to Jirovide the mode of changing county Jines . . . . . 35 222 To change the line between Dawson and Cherokee counties 65
COUNTY OFFICERS.
A bill to consolidate the offices of Sh!"riff and Tax-Collectors of Camden county . . . . . . . . . . . . . . . . 59
To fix the compensation of County School Commissioners . . 79 To provide compensation for the Treasurer of webster county 104 To provide" extra compensation for Sheriff and Clerk of Bur!<e
county . . . . . . . . . . . . . . . . . . . . 116 fi63 569 To provide for compensation of certain public officers . . . . 119 To provide copy of the Code to County Treasurers . . . . . i38 To pay certain Tax-Collectors and Receivers for services in 1380 141

INDEX.

1179

To confer additional powers on the Tax-Collector of Dougherty ccunty . . . . . . . . . . . . . . . . 150
To regulate commi~Rion of Tax-Receiver and Collectors of Oconee county . . . . . . . . . . . . . . . . . 169
To increage the salary of TreamrPr of Baldwin Co. . 190 523 533 To rPpeal an act conFOlidating the offices of TrPaurer and
Clerk in Wehter county . . . . . . . . . . . . 103 251 285 To make Clerk Superior Court of Coweta county, Clerk als0 of
the County Conrt . . . . . . . . . . . . . . . . 257 To alter and regulate the fees of Tax-Receivers and Collectors 312 To upply Ordinaries, Clerks, etc., with the Code, etc . . . . 758 To rPquire county officers having control of county re'l"enues to
sell imolvPnt ta= executions . . . . . . . . . . . . . . 410 To enlarge the powers of county authorities as to levying taxes
for pauper purposes . . . . . . . . . . . . . . . . . 454

COURTS-CITY.
A bill to enlarge the jurisdiction of the City Court of Savannah, etc. 47 656 712
To create a City Court for Richmond county . . . . 415 670 953

COURTS-CRiliiiNAL. A bill to establish a criminal court for Mcintosh county . . . . . 160

COURTS-COL'NTY AND COUNTY COURT JUDGES.

A bill authorized to try misdemeanors . . . . . . . . . . . . . . 32

To abolish the County Court of Dodge county . . . . 5.) 353 378

To repeal the act to or,anize a County Court for Randolph

county . . . . . . . . . . . . . . . . . . . . 103 250 296

To abriuge and define the powers of the County Judge of Brooks

county . . . . . . . . . . . . . . . . . . . . . . . . 113

To amend an act approved October 13, 1879, as to jurisdiction

of County Courts . . . . . . . . . . . . . . 121 207 210 216

To require monthly and quarterly sessions of Pike County

Court . . . . . . . . . . . . . . . . . . . . . . . . . 169

To create a County Court for Walton county . . . . 223 658 875

To amend section 14 of the County Court Act . . . . 266 668 914

To authorize County Judges to appoint Clerks Superior Court

Clerks of the County Courts . . . . . . . . . . . . . . 266

To abolish the County Court of Troup county . . . . 334 669 927

To aboli"h the County Court of Richmond county . . 458 499 955

To abolish the County Court of Hancock county. . . . . . 515

To amend the General County Court Act . . . . . . . . 515 882

To prohibit County .Judges from practicing law . . . . 78 597 640

To amend paragraph 1, section 1 of the General County Court

Act. . . . . . . . . . . . . . . . . . . . .

. . . 516

To abolish the County Court of Scriven count1 . . . . 768 1041

1180

INDEX.

COURTS-oF LAw AND EQUITY.

A bill to provide for the complete merger of Courts of Law and Equity 31

COURTS-SuPERIOR.

A bill to change the time of holding in Upson county . . . 30 564 574,

To change the times for holding in the counties of Dawson

and Pickens . . . . . . . . . . . . . . 32 216 238 249 275

To change the time of holding in Quitman county . . 32 564 574

To change time of holding in Clayton county. . . . . 43 565 594

To change the time of holding in Laurens county . . . . . 40 58

To change the time of holding in Macon county . . . . . 78 640

To change the time of holding in Marion county . . 78 640

To change the time of holding in ){ontgomery county. 78 328 338

To change the time of holding in Bartow county . . . 158

To change the time of holding in :\Iitchell county . . 266 668 881

To change the time of holding in Baldwin county . . 298 669 927

To change the time of holding in the counties of Pickens, Gil-

mer and Fannin . . . . . . . . . . . . . 408 531 558

To change the time of holding in Calhoun county. . . . 409

To change the time of holding in Taylor county . . . . 454 694

To fix the time for holding in the counties comprising North-

eastern Judicial Circuit. . . . . . . . . . . .

529 545

To fix the time of holding in the Western Circuit . . . . 536 815

To change the time of holding in Troup county . . . . . 598 721

To change the time of holding the spring term of Echols Su-

perior Court . . . . . . . . . . . . . . . . . . . 804

COURTS-SuPREME.

A bill to define what shall be omitted from Reports of. .

78

To provide for electrotyping Reports of . . . .

. 78 718

To regulate the practice in . . . . . . . . . .

78

To provide for payment of Sheriff of . . . . . . . . . 516 988

D.
DEAF AND DUMB ASYLUM, ETc. A bill to allow certain pupils to attend the Deaf and Dumb Asylum
308 321 413 DEEDS. A bill to require the record of deeds and mortgages where the record
thereof has been lost or destroyed . . . . . . . . . . 297
DEPOSITORIES. A bill to repeal an act establishing State Depositories . . . 24 408 778
DISEASED CATTLE, ETc. A bill to protect the people of Dade county from diseased cattle . 19 232
To amend an act in relation to driving diseased cattle.180 644 841

INDEX.

1181

To prohibit the driving cattle into Rabun county at certain sea-

sons. . . . . . . . .

. 239 692 857

To prevent the spread of glanders . . . . . . . . 496 969 985

DOGS.
A bill relating to the ownership of dogs in Washington county . 192 312 Referring the question of taxing dogs to the legal voters of Georgia . . . . . . . . . . . . . . . . . . . . . 691 795

DOWER. A bill to authorize waiver of, and of year's support. . . . . 141

E.

EDUCATIONAL.

A bill to provide for teaching elementary principles of agriculture in

public schools, etc . . . . . . . . . . . . . . 24

To provide a uniform system of text books for the public

schools of the State . . . . 28 309 353

To regulate the paying of public school teachers.92 639 646 1089

To appoint a board of trustees to sell lot No. 157, 21st district,

for educational purposes . . . . . . . . . . . 92 596 608 609

To prohibit County School Commissioners from teaching pub-

lic schools . . . . . . . . . . . . . . . . . . . . . . 113

To abolish the office of State School Commissioner . . . . 131

To amend the public school law as to Cot:nty School Commis-

sioner of Walker county . . . . . . . . . . . 138

To establish a board of education for Stewart county .139 627 769

To abolish County School Commissioners of Fannin, Gilmer

and Pickens . . . . . . . . . . . . .

156

To define and amend the public school law . . .

187

To improve the school system of Clinch wunty . . . .

193

To secure uniformity in grading teachers . . . . . . 249 273

To prohibit School Commissioners from being book agents .. 257

To make permanent the incomes of the State University . . . 268

668 915

To abolish the office of County School Commissioners, etc.314 386

To create a board of educution for Effingham county . . . 391

To amend section 13 of the school law of August 23, 1872 . 397

693 951

To enable the trustees of the State University to inaugurate

free tuition . . . . . . . . . . . . . . . . . . 454 694 963

To establish and regulate the branches of the University . . 508

694 987

To regulate and fix the time for elections by the General As-

sembly. . . . . . . . . . . . . . . . . . . .

586

To abolish the office of County School Commissioner 701

1182

INDEX.

ELECTIONS.

A bill to change the time of, for Governor, State House officers and

county officers. . . . . . . . . . . . . . . . . 12 210 211

To chan~e article 3, Rection 4, paragraphs 2 and 3, article 5,

para"raph 3 of Constitution, as to general electionR, etc . 12 3.')4

To preRcribe the mode of changing election precincts . . . . 12

To provide compensation for clerks and managers of elections

131 312 353 520 525

To provide for registration of voters in Savaunoth municipal

elections . . . . . . . . . . . . . . . . . . . . . 223 856

Election of a judge of the Xortheastern Judicial Circuit . . . 437

438 439

Election of a Sulicitor-General of the X ortheastern Judicial

Circuit . . . . .

. . . . . 439 to 443

To regulate and fix the times for elections by the General

Assembly . . . .

. . . . . . . . . . . 839 1000

ELECTION PRECINCTS.

A bill to locate the election precinct in the 1273 district, G. M.

15

EVIDENCE. A bill to prevent suppression of, by making attorneys of witne,;ses. 123

EXE~IPTIOXS-FRml R0AD AXD JuRY DuTY A:-ID TAXES.

A bill to exempt active members of Howell'~ Artillery from jury

duty . . . . . . . . . . . . . . . . . . . . . 55 132 174

To exempt. practicing dentists from jury duty . . . . . . 120 233

To exempt County Boards of ~Iitchell county from road and

jury duty . . . . . . . . . . . . . . . . . . . . . 142 354

To exempt toll cotton from execution at the gin, etc . 240 658 866

To exempt pilot:; from jury dnty . . . . . . . . . 251 288 480

To repeal an act approved September 17, 1879, exempting min-

isters and others from jury duty. . . .

265

To exempt grist millers from road duty . . . . . . . . . 394

F.
FARM PRODUCTS-ILLEGAL SALES OF.
A bill to amend an act relating to sales of certain farm products in Lincoln and Brooks counties . . . . . . . . . . . 4G 119 308
To prohibit the sale and buying certain farm products at certain hour.< in Bibb county . . . . . . . . . . . 55 132 316
To prevent the sale of seed cotton between sunset and sunriRe. 206 613 615 666 971
FEES-OF f'OU:-ITY OFFICERS.
A bill to make uniform the fee of Tax-Collectors and Receivers . . 121 To repeal section 1 of an act regulating and reducing fees of Tax-Recei\erH and Collectors . . . . . . . . . . . . . 122

INDEX.

1183

To fix fees of certain officerB where none are now allowed by law . . . . . . . . . . . . . . . . . . . . . . . . 122
To amend an act prescribing fees of Solicitors of County Courts 157 642 812
To provide payment of fees for Coroner of Chatham Co. . 186 245 To provide payment for pauper criminal costs to.] ustices, Bai-
liffs, etc. . . . . . . . . . . . . . . . . . . . . . . . 688
FENCES.
A bill to amend the act of August 26, 1872, relating to fences, stock, etc. . . . . . . . . . . . . . . . . . . . 92 179 215 31.''>
To amend an act relating to fences and crops, so as to apply the same to parts of counties . . . . . . . 267 657 930 968 980

FERTILIZERS-INSPECTION OF, ETC.

A bill to amend the law of 1877, as to inspection fees .

. . . . 148

To define the duties of In"pectors as to reports to Commis-

sioner of Agriculture, etc. . . . . . . . . . . . . . . . 410

To require vendors of, etc., to warrant the same . . . . . 968 980

FISH-Ct:LTCRE, ETC.

A bill to encourage culture of, in Lowndes county . . . . 16 814 841 884

To prohibit fishing in the waters of another, etc . . . 16 969 1042

To prevent destruction of fish in the streams of this State . . 30

564 573

To repeal the law prohibiting the seining for fish in certain

streams of Clinch county . . . . . . . . . . . . 45 56-) 594

To protect fish deposited in streams, etc . . .

. . . . . 64

To prevent seining for fish in Little Canoochee and other

streams in Emanuel county . . . . . . . . . . . . . 221 391

To prevent the wasteful destruction of fish in Scriven county.

222 658 856

To encourage the propagation of fish in the waters of Georgia

241 658 868 907

To regulate fishing in Savannah and Tugalo Rivers. . . 758

G.
GARNISHl\iENT LAWS. A bill to amend the law exempting wages of mechanics and day la-
borers, etc., from garnishment . . . . . . . . . . . . . 213
GUARDIANS A bill to provide for guardian ad litum. . . . . . . . . . . 139
To authori.te married women to act as guardians of their minor children by previous marriage . . . . . . . . . . 78

1184

INDEX.

H.

HALL OF REPRESEXTATIVES:

Use of, tendered to friends of temperance

29

Tendered to Citizens of Atlanta

58

Repairs to windows thereof ordered .

112

Tendered to the Xational Educational Association

213

Tendered to Rev. A. G. Haygood . . . .

245

Tendered to Mr. G. F. Howard . . . . . . . . .

261

Tendered the State Horticultural Society. . . . .

354

Tendered the colored people for expression of grief on the death

of the President . . . . . . . . . . . . . . . . 1009 1126

HOMESTEAD.

A bill to decl:ue male heads of families taking the homestead free-

holders . . . . . . . .

. . . . . . . . . 121

I.

IMMIGRATION.
A bill to amend an act to encourage immigration. To repeal an act to encourage immigration.

. . . . . 113 . 834 969 1040

INSURANCE CO.MPANIE~.
A bill to incorporate Athens Mutu&l Insurance Company . . 46 565 596 To incorporate the Savannah Fire and :Marine Insurance Company . . . . . . . . . . . . . . . . . . . 105 404 420 508 To incorporate the Atlanta Home Insurance Co . . . 153 641 912 Home Insurance Company of New York-taxes refunded to. 178 To amend the charter of the Nat. Debt Assurance Co.178 404 498

INTEREST LAWS.

A bill to repeal an act approved October 14, 1879, regulating the rate

of interest . . . . .

. . . . . . . 26 32 398

J.
JUDGES OF SUPERIOR COURTS.
A bill to require Judges of Superior Courts to give written charges to juries . . . . . . . . . . . . . . . . . . . . . 31 564 766
To provide compensation for, in certain cases . . . . . . 121 134 To fix salary of Judges Superior Courts . . . . . . . . . . 157 To require Judges of, to give in charge the act as to cruelty to
animals . . . . . . . . . . . . . . . . . . . . 196 657 844 To require the Judge of Superior Court for Jackson county to
publish the order of trials in advance . . . . . . . . 297 919 Amending an act authorizing Judges to appoint stenographic
reporters . . . . . . . . . . . . . . . . 744

INDEX.

1185

JUDICIAL CIRCUITS.
A bill to create and organize a new Judicial Circuit . . 30 308 328 351 To transfer Bulloch coun!y to the Middle Circnit. . . 59 416 531 To revise the calendar for Brunswick Circuit . . . . 148 250 263

JURORS AND JURY BOXES.

A bill to fix the pay of, in all the counties, etc .

12

To revise the jury box in Stewart county . .

. 25 524

T{) r<'vise the jury boxes of 'Vhite county . . . .

56

To fix the pay of jurors for Brooks county . . .

61

To prevent abuses in summoning tales juror~, etc .

. 79 598

To dispense with grand juries when se8sion lasts longer than .

two weeks . . . . . . . . . . . . . . . .

122

To fix the pay of tales jurors . . . . . . . . ~ . . . . . 131

To disqualify jurors who are witnesses . . . . . . . . . . . 139

To provide for new jury lists . . . . . . . 158 643 815 526

To provide only one grand jury for each term of Hall Superior

Court . . . . . . . . . . . . . . . . . . . . . 178 523 532

To provide pay for jurors in County Courts . . . . . 181 292 304

To repeal an act to revise the jury box of October 17, 1879, etc

189 257 293

To provide for payment of jurors and officers of Sumter County

Court. . . . . . . . . . . . . . . . . . . . .

. 189

To more effectually secure the services of jurors in Superior

and City Courts . . . . . . . . . . . . . . . . . . . . 216

To make the jury Commissioners of Fulton county, appointed by Judge Superior Court, also Commiosioners for the City Court . . . . . . . . . . . . . . . . . . . . 221 657 845
To repeal an act to revise the jury box, etc., of Towns county. 313 To change the time for revising the jury boxes . . . . . . 352 517

JUSTICES AND CONSTABLES, A~D JUSTICE COURTS.

A bill to fix the fees of, for foreclosure of chattel mortgages.. 21 524 561

To authorize Justices and :Notaries Public to bind over to

County Courts for misdemeanors . . . . . .

32

To extend the jurisdiction of Justices of the Peace and Notaries Public . . . . . . . . . . . . . . . . . . . . . 41
To alter and amend the fees of Justices . . . . . . . . 122 131 To provide places for holding Justice Courts . . . . . . . . 122

To allow Justices and Notaries to continue their courts in certain cases. . . . . . . . . . . . . . . . . . . . . . . 216
To authorize Justices to appoint special Bailiff in certain cases 265

To declare the liens of Justice Court judgmenti, and require record of, in certain cases . . . . . . . . . . . . 481 486
75

1186

INDEX.

L.

LIQUORS-INToXICATING.

A bill to prohibit, after May 1, 1884, the manufacture, importation

and sale of . . . . . . . . . . . . . . . . . . . 12 178 997

To prohibit sale of, in Jefferson county. . . . . . 15 242 404 525

To submit the sale of liquor to the legal voters of each city

and county . . . . . . . . . . . . . . . . . . 21 178 261

To prohibit sale of, outside of towns and cities . . . 21 118 178

To increase the tax on liquor in Bryan county. . . . 146 628 771

To regn1ate the sale of, in Forsyth, Monroe county . . 23 404 718 To prohibit sal~ of, near Rehoboth ville, in ::\:forgan county. 24 243

To amend an act relative to the sale of domestic wines in this

State . .. . . . . . .

. . . . . . . . . . 25 178 656

To prohibit the sale of liquors in 427th District, G. J\1., of

White county . . . . . . . . . . . . . . . . . 27 243 561

To regulate the sale of liquor in Gwinnett county . 28 383 525 612

To fix the license for selling liq nor in Charlton county. 28 420 572

To fix the liquor license for Webster county . . . . 30 564 573

To suppress the evils of intemperance . . . . . . . . . . . 32

To fix the liquor license for Montgomery county . . . 33 564 576

To prohibit the sale of, near Unionville Church, Monroe coun-

ty . . . . . . . . . . . . . . . . . . . . . . . . 33 769

To prohibit the sale of, in Houston county . . . . . . 34 498 501

To amend an act regulating the sale of, in Eastman, Dodge

county . . . . . . . . . . . . . . . . . . . . . 42 565 578

To amend the liquor laws of wayne, Liberty, Coffee and Ap-

pling counties. . . . . . . . . . . . . . . . . . 45 328 338

To allow the voters of Clay county to decide as to sale of li-

quors therein . . . . . . . . . . . . . . . . . . . . . 45

To regulate the sale of, in Effingham Co . 57 131 250 275 2H5 480

To increa.e the liquor license in Camden county . . . 59 566 618

To abolish tippling houses, and suppre>s drunkenness .

64

To prohibit sale of liquor in Glynn county. . . . . . . . 81 624

To extend to all the counties the liquor law of Burke, Jeffer-

son and Washington . . . . . . . . . . . . . . . 91 178 656

To prohibit the manufacture and sale of liquor in Talbot county. . . . . . . . . . . . . . . . . . . 101 243 598 777
To repeal an act regulating sale of liquor in Dodge county. . 103 To regulate sale of liquor in Scriven county . 103 250 285

To prohibit sale of, within two miles of Cleveland, White county . . . . . . . . . . . . . . . . . 104 250 286 524

To prohibit sale of, within 714th District, G. ::\1, Carroll coun-

ty. . . . . . . . . . .

. . . . . . . 104 '250 286

To prohibit sale of, within two miles of Long Cane, Troup

county . . . . . .

" 107 244 598 721

INDEX.

1187

To prohibit the sale of, within two miles of ProRpect Church,

DeKalb county . . . . 108 626 722

To prohibit sale of, in Walton county . . . . . 109 626 722 1100

To prohibit sale of, at Delhi, Wilkes county. . . . . Ill 626 767

To prohibit sale of, in Lowndes county . . . . . 113 251 291 480

To prohibit sale of, within two miles of schools and churche~.

113 178 656 774

To regulate sale of, in Telfair county

. 116 295 636 686

To regulate sale of, in this State . . .

. . . 123 656 741

To regulate sale of, in Polk county .

. . . 132 627 768

To prohibit sale of, within two miles of Unionville Church,

Monroe county . . . . . . . . . . . . . . . 142 244 627

To prohibit sale of, within two miles of Mount Carmel Ch~>rch,

Gwinnett county . . . . . . . . . . . . . . 158 245 628 794

To prohibit sale of, in Macon county . . . . . . . . 160 642 811

To submit the question of prohibition in Sumter county to the

voters thereof . . . . . . . . . . . . . . . . . 170 642 813

To prohibit sale of, within three miles of LaFayette . 174 420 813

To prohibit sale of, in Wilkinson county . . . . . . 174 643 814

'To prohibit sale of, in Marietta . . . . . . . . . . . . . . 176

To prohibit sale of, near certain churches in Floyd Co.li7 307 317

To prohibit sale of, in Columbia county . . . . . . . . . 185

To prohibit sale of, near Subligna )I. E. Church . . . . . . 185

'To submit the question of prohibition to the voters of Ran

dolph county . . . . . . . . . . . . . . . . . 188 403 509

To allow the voters of Washington county to vote on prohibi

tion . . . . . . . . . . . . . . . . . . . . . . . . 190 508

To prohibit sale of liquors in Dooly county . . . 191 252 292 508

To prohibit sale of, near Shiloh Church, Polk county .192 308 321

'To prohibit sale of, near Bethlehem Church, Polk county .192 308

To test by election the qut'stion of prohibition in Worth Co.192 946

Fixing the liquor license for Clinch county . . . . . 192 352 518

'To prohibit Rale of, in the town of Stockton . . . . . 193 353 518

To prohibit 8ale of, in Oconee county . . . . . . . . . . . 207

To prohibit sale of, within the 483d District, G. M., of Bibb

county . . . . . . . . . . . . . . . . . . 213 245 444 657

To increaAe the liqnor license in Washington county to $20,000 238 563

To prohibit sale of, in Luthersville, ~Ieriwether Co . 239 658 857

To punish pnbhc officers for drunkenness . . . . . . . . . 239

To prohibit the sale of liquor in any district, etc., by vote of

the qualified voters , . . . . . . . . . . . . . . . . 267

To prohibit sale of, in Burke county . . . . . . . 385 668 949

To anthorize the authori:ies of Greenville, Meriwether county,

to regulate liquor sales in said town . . . . . . . . 17 404 540

To prohibit sale of, within three miles of Davisboro Baptist

Church, near Davisboro . . . . . . . 458 694 954

1188

INDEX.

To impose a tax, for school purposes, on dealers in intoxicating liquors, etc. . . . . . . . . . . . . . . . 523 532
To prohibit the manufacture of, in this State, etc. 558

LOTTERIES AND LOTTERY TICKETS. A bill to prohibit the sale of lottery tickets, etc . . . . . . 403 509

LUNATICI::l.

A bill to require each county to defray expenses of its own lunatics 152 641 783
To confine persons in the Lunatic Asylum who escape conviction for murder on the plea of insanity . . . . . 60

To reimbune counties the expenses incurred in keeping lunatics . . . . . . . . . . . . . . . . . . 131 401 657
To require contributions from each county to defray expenses of lunatics in the State . . . . . . . . . . . . . . . 187 657

To repeal an act regulating the mode of admitting lunatics to

the Asylum . . . . . .

. . . . . . . . . 239

M.

MANUFACTORIES. A bill to incorporate the Baldwin Manufacturing Company . . . 191

MARRIAGE LICEXSES. A bill to provide for return and registration of . . . . . . . . . 157

MEDICINE.
A bill to regulate the practice of. . . . . . . . . . 143 628 795 894 To establish a Board of Pharmaceutical ExaminerR . 175 643 863 To promote medical science in this State . 950 1042 1044 1049

MEMBERS ELECT. Qualification of . . .

. . . . . . . . . . 7 139

MESSAGEs-EXECUTIVE.
Message announcing election of Hon. J. D. ::\IcLeod . . . . . . 7 Announcing election of Hon. C. H. Anderson . . . . . . . . 7 82 R3 to 89 (Generall\Ies,;age.) 168 171 .375 416 419 422 430 460 467 507 530 590 607 638 655 706 715 716 763 785 853 871 887 909 937 948 978 1004 1014 1056 1060

MESSAGEs-FROM SENATE.
11 13 47 82 107 118 135 145 149 161 173 181 185 186 193 198 213 214 237 248 257 272 280 322 332 335 343 349 357 371 388 410 421 422 425 434 456 502 528 544 545 569 589 607 652 687 697 718 745 780 802 527 859 884 908 931 959 977 1004 1010 1015 1045 1050 1076 1086 1092 1094 1096 1104 1109 1115 1118 1129 1135 1136 1138 1142 1146 1147 1148 1149 1154.

INDEX.

1189

MILEAGE AND PER DIE~L

A bill to regulate the pay of contestant~ and contestees . . . . . . 120

To prohibit pay of per diem and mileage to sitting members

whose seats are contested .

. . . . . . . . . . . 123 246

MILITARY.

A bill to amend the act of October 1879 to better organize the volunteer troops of Georgia . . . . . . . . . . . . 81 147 882 911
To prohibit any further organization of military companies in this State, etc . . . . . . . . . . . . . . . . . . . . . . 497
MINORS

A bill to prohibit employment of, without parents consent. . . . . 119 123 134 233
To prescribe the mode of perfecting service of minol'fl.216 584 658 To amend the act of February 25, 1876, relating to service of
minors personally . . . . . . . . . . . . . . . . . . . . 216 To prohibit the employment of minors in bar rooms . . . 308 322 To allow J. T. :Morris, a minor of Coweta county, to control
his property . . . . . . . . . . . . . . . . . . . 457 To authorize Robert L Massey, of Macon county, a minor, to
settle, etc . . . . . . . . . . . . . . . . . . 586

~IISCELLANEOUS.

A bill to authorize certain members to remain after adjournment.13 354 'Io fix the jail fees for :Monroe county . . . . 23 132 142 ~44 627 To protect children from evil influences . . . . . . . . . . 293 To declare owners of cotton factories liable for certain damages 31 To lease the lands of the State near Indian Springs . . . To define the boundaries of Militia Districts in the county of Chatham . . . . . . . . . . . . . . . . . . . . 60 567 622 To confer police powers on passenger conductors . 65 295 567 624 To provide for the sale of railroad and bank stock . . 89 522 550 To provide for furnishing the Code to county Treasurers . . 101 To apportion Representatives to the counties. . . . . . . 112 Authorizing Governor to purchase certain Supreme Court Reports . . . . . . . . . . . . . . . . . . . . . . . 160 To prevent disturbances at school examinations . . . . . 223 To define the right~ and duties of owners of adjacent farms 240 To prohibit the issuing of certain due bills . . . . . . . . 262 To require inn-keepers and others to keep safety ropes . . 296 To exempt owners of stock from damages in certain cases 392 To change the time for convening the Legislature . . . .. . 393 To amend an act requiring fines, etc., paid into county treasuries . . . . . . . . . . . . . . . . . . . . . -!03 511 741 To authorize disabled persons to peddle without license . . . 410 To change the fiscal year . . . . . . . . 554 997

1190.

INDEX.

To require the chairman of House Committee on Finance to keep a register of certain bills . . . . . . . . . 554 997
To protect the baggage of travelers on railroads . . . . . . 557 To prevent the floating of logs by Satilla bridge, near J. B.
Cason's . . . . . . . . . . . . . , . . . . . . . 583 To correct an error of date in a bill of the present se~sion . . 689
740 1033 To provide for arrest and punishment of disturbers of religious
meetings . . . . . . . . . . . . . . . . . . 44 6-56 778 To allow the woods burned at certain seasons in Coffee county
44 565 594 To regulate the sale of pistols . . . . . . . . . . . 216 692 854

MISDEMEANORS.
A bill to declare selling food, drink or medicine under a false name, a misdemeanor . . . . . . . . . . . . . . . . . . 12 525
To declare the riding or driving the horse or mule of another, without consent of owner, a misdemeanor . . . . . 31 564 574
To declare the violation of certain contracts misdemeanors. . 32 338 656 946
To declare drunkeness, under some circumstances, a misdemeanor . . , . . . . . . . . . . . . . . . . 64 656 713
To declare running trains on the Sabbath day a misdemeanor 122 To declare verbal slander, in certain cases, a misdemeanor . . 122 To amend the act to prevent cruelty to animals . . . 157 642 812 To declare it a misdemeanor to set fire to the woods of another,
in certain cases, in Clinch county . . . . . . . Hl3 %7 518 To declare it a misdemeanor to make false reports of marks or
brand:; of stock killed by railroads . . . . . . . . . . . 267 To prevent the farming out of persons convicted of misdemeanorH 297 To dec] are it a misdemeanor to obstruct the free passage of
timber on streams in this State . . . . . . . 332 669 927 1112 To provide puni;;hment for dealing at any gambling table.352 518 To authorize the prosecution of misdemeanors by information 387 To make it a misdemeanor to seek service as a juror in any court 454 To make it a misdemeanor of cotton compress companies to
damage bagging on cotton bales. . . . . . . . 688 968 1032 To provide a uniform system of punishment:; for misdemeanors 745

MUNICIPAL CORPORATIO::SS A.ND LAWS.

A bill to prescribe legal voters for Mayor and Aldermen in the town

of Eastman . . . . . . . . . . . . . . . . . . . . . 14 626

To prescribe the time of election for l\fayor and Aldermen in

Eastman . . . . . . . . . . . .

. . . 14 626

To amend the charter of Loui"ville .

. 16 308 324

To amend the charter of Greenville

17 404 539

INDEX.

1191

To confer new powers on the Commissioners of Hampton, Henry

county. . . . . . . . . . . . . . . . . . . 143 628 770

To authorize the city of Americus to increase its indebtedness 25

596 608

To empower the city of Columbus to hold land for cemetery

uses . . . . . . . . . . . . . . . . . . . . . . 141 244

To authorize the city of Americus to appropriate certain

moneys to schools . . . . . : . . . . . . 25 64 159 626 634

To amend the charter of Griffin-school system authorized .119 233

To incorporate the town of Pelham .

. . . . . . 33 564 576

To establish a new charter for Franklin, Heard county .143 628 770

To amend the charter of Clarksville. . . . . . . . . 35 565 577

To amend the charter of Atlanta . . . . . . . . . . . 36 500

To amend the charter of Butler . . . . . . . . . 40 63 118 135

To incorporate the town of Rising Fawn, Dade Co . . 41 .565 578

To amend the charter of Bowdon, Carroll county . . . 47 566 609

To incorporate Groveton, Columbia county . . 55 292 557 967 972

To amend the charter of Palmetto . . . . . . . . 58 566 ~12

To amend the charter of Macon, as to election of Clerk and

Treasuser. . . . . . . . . . . . . . . . . . 61 566 619

To amend the charter of :\lacon as to Mayor's court ... 61 641 712

To authorize the voters of Macon to decide as to purchase of

certain property in l\Iacon . . .

. . . . . . 62 566 619

To submit a water contract to the voters of l\Iacon. . . 62 566 619

To amend the charter of :\lacon concerning a Board of Health 62

566 620

To amend the charter of Cartersville . . . . . . . . . . . 63 692

To supersede the charter of Buchanan, Haralson Co . . 90 597 625

To amend the charter of Hamilton, Harris couuty . . . . . 91

To amend the charter of Dahlonega . . . . . . . . . 98 597 639

To prescribe the time of election for Mayor and Aldermen of

the ciry of Darien. . . . . . . . . . . . . . . .

99

To regulate the official term of the Mayor of Augusta . . . 101

598 720

To incorporate the town of McVille, in Telfair and ~Iontgom-

ery counties . . . . . . . . . .

. 102 598 720

To amend the charter of West End .

. 103 250 560

To amend the charter of Decatur ..

. 108 598 721

To amend the charter of Tennille ..

. 109 626 722

To repeal the charter of Weston, Webster county . . 109 626 766

To amend the charter of Quitman, Brooks Co . . 112 213 524 538

To amend the charter of l\Iilledgeville . . . 116 190 522 523 532

To allow the Mayor and Council of Athens to use certain

funds for Hook and Ladder Company . . . . . . 116 307 317

Relating to the levying of an extra tax by the Mayor and

Council of Athens . . . . . . . . . . . . . . 117 251 287

To empower the city of Sandersville to levy a school tax . . 120

1192

INDEX.

To authorize the city authorities of Savannah to tax property

of Savannah, Florida & Western Railway o o 0 o ol48 641 772

To i;~corporate the town of ::\Iorrow, Clayton Co o148 262 659 873

To repeal the charter of Vienna 0 0 0 o o o o o o o 149 667

To re-incorporate DeSoto, Floyd county 0 0 o 0 o o o 152 641 783

To amend the charter of Talbotton o o o o o o o 0 o liO 642 813

To authorize the authorities of Dalton to levy a tax for school

purposes 0 o 0 0 o o 0 o o o o o o o

o 175 643 834

To amend an act re-incorporating Elberton o 0 o o o176 384 535

To amend the charter of Sharpsburg 0 o o o o o 185 657 843

To amend the charter of ::\Ionticello 0 0 o o o o o o o o 189

To amend the charter of Blackshear o

192 523 554

To incorporate the town of :Millen o o o o . 0 o 223 968 979

To change the corporate limits of Cedartown o o .

241

To amend the new charter of Atlanta . . o . o o .

241

To amend section 60 of the new charter of Atlanta o

241

To amend an act establi~hing a new charter for Atlanta .

242

To amend an act establishing a new charter for Atlanta, ap-

proved February 28, 1874 o o . o o 242 524 539 To amend section 35 of an act establishing a new charte~ for

Atlanta o o o o o o o o o o o o o o 242

To amend an act amendatory of the charter of Atlanta, ap-

proved February 17, 1875 o o o o o o 0

To amend the charter of Atlanta 0 o o o o o o o 242

To provide for the registration of voters in the town of East-

man o 0 o . o o o . o o o o 242 626 633

To prescribe the legal voters of Eastman o o o o o o o 0 242

To prescribe the time for electing J:lfayor and Aldermen of

Eastman . o o o 0 o o o 0 o o 0 0

0

o0

0

,

0



242

To empower the authorities of the town of Reynoids to issue

bonds to build a school house o o o o o o o 260 398 659 873

To incorporate Arlington, in Calhoun and Early counties o 147 260 498 538

To incorporate Leary, in Calhoun county . 0 o o o 0 262 498 538

To amend the charter of West End 0 o o o o 0 o 279

To amend the charter of Camilla . . o o o o o 296 919

To amend the charter of St. ::\Iarys o o . . o . o 303

To amend an act authorizing the issue of interest-bearing

bonds by the l\Iayor and Council of :\lacon o o o 312 522 530

To amend the charter of Savannah in regard to the jailor and

jail of Chatham county o o . o o o

o 337 670 929

To amend the charter of Lawtonville 0 o o . 337 670 943

To amend the charter of Conyers o



o

0

0





352 400

To confer cartain powr:rs on municipal corporations .-. . .410

954 694 952

To authorize municipal authorities to regulate the forfeiture of

recognizances, etc o . o o o 457

INDEX.

1193

To incorporate Alapaha, Berrien county. . . 458 694 972 To amend the charter of Summerville, Chattooga county . 415 694
987 To amend the charter of Penfield, and repeal the charter of
the Georgia Bapti8t Convention . . . . . . . . . . . 536 996 To authorize the municipal authorities of Thomaston to issue
bonds for educational pi1rposes . . . . . . . . . 766 839 1040

0.

ORDINARIES AND COURTS OF ORDINARY.

A bill to provide compensation for. . . . . . . .

. 20 200

To empower the Courts of Ordinary to summon juries and

submit matters of fact thereto . . . .

31

To allow Ordinaries to qualify before Clerks of Superior

Courts in certain cases . . . . . . . . . . . . . . . . 106

To provide compensation for the Ordinary, Clerk and Sherifi

of Lincoln county . . . . . . . . . . . . . . . . . . 120 246

To authorize Ordinary to levy an extra tax to pay insolvent

.sts in Dodge county. . . . . . . . . . . . . . . . . 175

To confer power on Ordinary of Douglas county to erect gates

across public roads . . . . . . . . . . . . . . . 177 563 572

To require prompt returns and record of m9,rriage licenses

when marriage is celebrated . . . . . .

. . . . 995

To prohibit Ordinaries from practicing law. . . . 78 597 640

P.

PENITENTIARY.

A bill, Prindpal Keeper-report of . . . . . . . . . . .

132

To fix the time for commencement of imprisonment . . 42 839 864

PETITIONS,

Of the 'Voman's Christian Temperance Union

131

Of certain ladies of Coweta on Temperance

148

By Mr. :McKinney, (not read) . . . . .

174

' By Mr. Wilson of Camden . . . . . . .

220

By Mr. Chrif'tie-temperance . . . . . .

395

In relation to certain bonds of Georgia .

514

From SharP"'s Rifle Company . . . . .

650

Oi Charles P. McCalla . . . . . . ..

720

PHYSICIANS.

A bill requiring itinerant physicians to pay license of $50

12

To a1:thorize A. J. Green to practice medicine, etc . 30

To provide pay for such as serve on commissions of lunacy. 141

POISONS.

A bill to regulate the sale of .

32

1194

INDEX.

POLICE-COMMISSIONERS OF, ETC.
A bill amending an act creating Board of, for the city of Augusta . 25 404 561
To appoint county police for Richmond county . . . 414 499 952

PRACTICE.

A bill to provide for signing and certifytng bills of exception, etc. 22

524 561

To regulate practice in the Supreme Court . . . . . . 22 597 608

To define the Jaw of prescription . . . . . . . . ~2

To require Judges of Superior Courts to furnish juries, on re-

q nest, written instructions as to the forms of verdicts . . . 31

257 525 815

To require Judges of Superior Courts to deliver their charges

in writing, etc . . . . . . . . . . . . . . . . . . 31 564

To prescribe the mode of equity practice in certain cases . 60

598 618

To regulate practice in equity in cases referred to Masters in

Chancery . . . . . . . . . . . . . . . . . . . . 60 691 712

To provide for service, and determine the venue in suits aftinst

Telegraph Companies . .

. . . . . . . . . 106 598 721

To repeal an act to allow tenants holding three days for filing

counter affidavits . . . . . . . . . . . . . . . . . . . 122

To provide for appeals in Superior Courts . . . . . . . . . 123

To provide for dismis~ing certain appeal~ in Superior Court~. 157

To provide for foreclosure of chattel mortgages . . . . . ] 58 658

To declare certain copy deeds admissible as evidence . . . . 158

Authorizing ministerial officers'to break and enter houses, etc., in certain cases . . . . . . . . . . . . . . . . . . . 181

To allcw plea of total or partial failure, of consideration in certain cases . . . . . . . . . . . . . . . . . . . . 181

To determine the priority of deeds, and provide for their record 216 To make the first term trial term in divorce cases . . . . 239 868 To amend an act as to foreclosing chattel mortgages . 240 692 868

To prohibit the granting of more than two new trials in civil . causes, etc . . . . . . . . . . . . . . . . . . . . . 258 344
To allow defendants to stop proceedings in formAL pauperis, in distress warrants, etc . . . . . . . . . . . . . . 275 278 377
To provide a summary remedy against trespassers on the lands of another . . . . . . . . . . . . . . . . . . . . 297
To make certain affidavits in proceedings to defend or enforce liens, amendable . . . . . . . . . . . . . . . . . 334
To regulate the practice against Officers of Court . . . . . 334 To prohibit criminal prosecutions by special presentment of
the grand jury, except in certain cases . . . . . . . . . . 387 To authorize the prosecution of misdemeanors by information 387 To authorize foreclosure of mortgages in equity, etc . 387 692 950

INDEX.

1195

To regulate the practice in claim ca~es . 397 To require persons taking depositions to make affidavit . . . 517 For the better protection of creditors in certain cases of volun-
tary assignment,; . . . . . . . . . . . . . . . . 585 740 998 To authorize proceedings in equity in certain cases of insol-
vency . . . . . . . . . . . . . . . . . . . 585 1001 To make the absence of counsel in attending legislative sum-
mons, ground for continuance . . . . . . . . . . . . 771

PUBLIC LAWS.
A bill authorizing W. H. Harri~on to publish the public acts of this ses.;ion . . . . . . . . . . . . . . . . . 457

PUBLIC PRINTING.

Report of Special Penitentiary Committee ordered to be printed . 77

Bill for better control of State Convicts ordered printed .

77

Governor's Generrd Message ordered printed . . . . . . .

83

Governor's Me3sage as to maimed soldiers .

... ...

168

Governor's Message and Report of Railroad Commissioners.

172

R.

RAILROADS.
A bill to incorporate the Belt Railroad Company . . . . . . 15 To amend the charter of the Gate City Railroad Company . . 15 To incorporate the Union Railroad Company . . . . 17 524 540 To amend the charter of the Clayton Railroad Company . . 27 To incorporate the Hawkinsville and Florida Railroad Co . . 34 To amend the charter of the Gainesville, Jefferson and Southern Railroad Company . . . . . 35 159 246 249 293 305 342 To an;end the charter of the Savannah, Florida and Western Railway Company. . . . . . . . . . . . . . 47 243 566 609 To amend the act of February, 1876, authorizing purchasers of railroads to form corporations . . . . . . . . . 80 196 246 Relating to corporations purchasing railroads . . . . 80 196 246 To amend the act of February, 1876, as to purchasers of railroads forming corporations. . . . . . . . . . . . 81 315 339 To incorporate Logansville Railroad C<Jmpany .. 83 243 882 898 To incorporate Kingston, 'Valeska and Gainesville Railroad Company . . . . . . . . . . . . . . . . 83 241 667 873 To incorporate Tennille and Wrightsville Railroad Co . . 98 640 To authorize the building, etc., of a railroad from Covington to the Ocmulgee river. . . . . . . . . . . . 100 692 918 To incorporate Broad River Railroad Company . . . 100 598 720. To require railroads to build shelters for guano . . . . . . . 112 To incorporate the Covington and North Georgia Railroad Company . . . . . . . . . . . . . 133 476 985

1196

INDEX.

To incorporate the Covington and South River Railroad Com-

pany . . . . . . . . . . . . . . . . . . . 133 296 627 768

To authorize the Governor to lease part of the right of way of

Western and Atlantic Railroad . . . . . . . . . . . . . 139

To amend the charter of the Bainbridge, Cuthbert and Colum-

bus Railroad CQmpany . . . . . . . . . . . . . 149 815 826

To incorporate the Elberton and Point Peter Railroad Com-

pany . . . . . . . . . . . . . . . 152 245 815 968 975

To incorporate the Elberton and Petersburg Railroad Com-

pany . . . . . . . . . . .

. . . . . . . . 153 245 526

To incorporate the Cincinnati and Georgia Railroad Com-

pany . . . . . . . . . . . . . . . . . . . 153 386 434

To incorporate the South-Side Street Railroad Co . . 155 628 792

To incorporate the Milltown Branch Railroad Company . 159 241

386 593

To incorporate the Cedartown Railroad Company . . 169 642 812

To amend the charter of the Northeastern Railroad Com-

pany . . . . . . . . . . . . . . . . . . . . 175 350 1040

To incorporate the Rome and Carrollton Railroad Company . 177

404 480

To incorporate the Rome and LaGrange Railroad Company. 177

To amend an acC incorporating the Gate City Street_Railroad

Company. . . . . . . . . . . . . . . . . . 184 644 843

To incorporate the Richmond County Railroad Company. 189 206

To incorporate the Rome and Atlanta Railroad Company - 189

To amend the charter of the Stone Mountain Granite and

Railroad Company . . . . . . . . . . . . . . 189 307 317

To amend the charter of the Elberton Air-Line Railroad Com-

pany . . . . . . . . . . . . . . . . . . . . 220 6.')7 844

To amend the charter of the Talbotton Branch Railroad Com-

pany . . . . . . . . . . . . . . . . . . . . . 223 692 856

To incorporate the Etowah and Blue Ridge Railroad Company 240 692 868

To provide for the uniform taxation of railroad property, etc. 249 273 358 365

To incorporate the Rome Southern Railroad Company. . . 250 280 350 370 423 471

To incorporate the Suwannee and Cumming Railroad Company . . . . . . . . . . . . . . . . . . . . . 257 744 1039
To repeal 5th section of an act incorporating the Georgia Southern Railroad Company . . . . . . . . . . . . 258 815
To provide for sale of the W. & A. Railroad . . . . . . . . 293

To amend an act regulating railroad tariff8 in this State, approved October 14, 1879 . . . . . . . . . . . 334 390 927 957
Amending the charter of the Walton Railroad Company . . 351 969 1041

INDEX.

1197

To incorporate the Greenville and White Sulphur Springs Railroad Company . . . . . . . . . . . '. . . 351 670 946
To incorporate the Cleveland and Lula Railroad Company . 352 398 560
To incorporate the Brunswick and Flint River Railroad Company . . . . . . . . . . . . . . . . . . . . . 394 693 951
To encourage the building of the ~Iarietta and North Georgia Railroad . . . . . . . . . . . . . . . . . . 395 968 981
To incorporate the Middle Georgia Railroad Company .. 453 953 To incorporate the Albany, Atlantic and Gulf Transportation
Company . . . . . . . . . . . . . . . . . . . . . . . 475 To incorporate the Monticello and Trans-Ocmulgee Railroad. 554
996 To incorporate The Georgia Southern and Florida Railroad
Company . . . . . . . . . . . . . . . . . . . . 585 1001 To incorporate the Quitman and Monticello Railroad Company 696 To incorporate the Indian Springs Railroad Company.711 815 1033 To amend the charter of the North-Eastern Railroau Company 763 To amend an act incorporating theW alton Railroad Company 842 To incorporate the Gainesville, Blairsville and State Line
Railroad Company . . . . . . . . . . . . . 844 969 1041 To incorporate the Savannah Tramway Company . . . 1001 1016 To incorporate the Savannah Tran~portation Company .1001 1017

RAILROAD CO.:\Il\IISSIONERS.

A bill instructing the enforcement of an act of October 14, 1879 . . 160

To further define the powers and duties of the Railroad Com-

missioners, etc

_ . . . . . . . . . . . . 496

RECORDS.
A bill to require the record of certain judgments and executions . . 454 To provide in each county for a record of the wild lands therein . . . . . . . . . . . . . . . . . . . . . 523 634

REGISTRATION OF VOTERS.

A bill to provide for, in the town of Eastman . . . . . . . . . 14 626 To authorize the registratie>n of voters in Hancock county. . 475 To repeal all laws concerning registra1ion of vottrs in Camden county . . . . . . . . . . . . . . . . . . . . . 566 618 To provide for registration of municipal voters in Savannah . 856 1104

RELIEF.

A bill to relieve J. B. Thornburgh . . . . . . .
To relieve w. J. T. Hutchinson . . . . . To relieve w. C. Hughes, of Union county.
To relieve D. S. McCoy, of Upson county To relieve J. l\L Rouse and others . . . . .

15 . 16 135
26 . 26 243 . 30 564 574

1198

INDEX.

To relieve John W. Buchanan and David Lovett . . . . 57 122 To relit:ve Elder James W. Howard and others . . . . 64 567 620 To relieve Sam'! Trout, Treasurer Deaf and Dumb Asylum. 81 744
968 1034 To relieve William F. Hogg, 3: minor . . . . . . . . . . . 107 To relieve \V. H. Clarke, J. 0. Harris and others . . . . . . 121 To relieve J. E McGuire, of Bartow county . . . . 131 268 342 To relieve J. T. Moreland, double taxes . . . . . . . . . 139 To relieve Polk, security on Jeff Dobb's bond . . . 150 641 783 To relieve Henry F. Miller . . . . . . . . . . . . . . . 176 To relieve R. C ~Iitchell & Co., as to abstract of titles .188 563 578 To relieve James Camack . . . . . . . . . . . . . . . . 190 To relievE: W. B. Thomas . . . . . . . . . . . . . . . 190 242 To relieve B. T. Culp and J. B. Burch . . . . . . . 190 967 973 To relieve :Mechanics Building and Loan Association .191 814 824 To relieve Home Building and Loan Association . . 191 814 824 To relieve Bibb Loan and Building Association . . . 191 814 824 To relieve City Loan and Building Association of Bibb county 191
814 825 To relieve the Ocmulgee Building and Loan Association . . . 191
814 82-5 To relieve sureties of Stonewall Rifles . . . . . . . 259 659 913 To relieve Leroy A. ::\Iurphy . . . . . . . . . . . . . 268 To relieve the es'ate of John Caldwell . . . . . . . . . 403 526 To relieve \V. G. B. C. Smith, of ::\Iadison county . . . . . 586 To relieve Robert T. 1\Iills, of Scriven county . . . 768 1004 10-10
REPORTS.
Of CommiUee on Enrollment . . 7 39 12G 134 151 215 217 227 2GG 327 336 356 :365 313 3S3 38G 401 412 413 42~ 429 433 464 490 4ll4 51ll 540 .')43 54i .~G2 570 578 595 604 616 634 661 690 69i 700 ill 714 717 753 755 788 819 830 861 864 892 DOl 903 933 960 9il 1027 1036 1057 1064 1065 1066 1016 1097 1102 1113 1116 1118 1134 1137 1138 1143 1145 1147 1153 1154.
Committee to wait on the Governor . . . . . . . . . . . . 13 Committee on Rules . . . . . . . . . . lG 311 427 551 962 G94 Committee on Finance . 37 90 113 128 200 232 268 301 325 344
376 387 393 401 444 458 491 495 505 527 5il2 622 614 684 704 732 800 891
905 936 984 1060 1068 1090 Committee on the Judiciary . . 38 39 48 g.) 96 109 110 124-127
136 137 170 194 195 202 205 218 219 235 252 253 269 271 289 309 310 326 345 346 348 368 374 387 391 426 428 446 455 465 4G6 477 484 486 492 503 506 527 550 551 553 571 583 592 610

INDEX.

1199

611 637 638 650 651 661 672 674 698 703 729 750 751 784 798 799 833 8ti6 888 889 903 962 982 992 1026 1064 1140

Committee on Corporations . . . 39 172 198 247 283 287 310 311 326 347 406 445 469 490 505 541 559 588 663 687 705 783 862 947 978 1014

Committee on Education . 4:{ 49 61 98 129 130 217 255 263 347 405 431 446 529 587 611 662 684 804 821 994 1038 1086

Committee on Local and Special Bills . . . . . 49 54 92-95 123 168 182 228 662

Committee on death of Hom. A. J. Hansell and John 'Vi !cox. 58

Committee on Penitentiary . . . . 66-76 106 262 841 993 1015

Committee on Agriculture . . .ll1 151 288 300 366 388 447 506

675 890 967 1102

Committee on New Counties and County Line~ . . . . . . . 1139

Committee on Railroads . . . 136 137 186 200 280 282 336 369

468 543 683 700 750 785 798

830 881 ~47 993 1009 1042

Special Committee on death of Hons. A. J. Hansell and John

Wilcox . . . . . . . . . . . . . . . . . . . . . . 144

Committee on Deaf and Dumb Asylum . . . . . . 150 733-738

Special Committee on New Capitol . . . . . . . . . . 161-167

Committee on Temperance . . . . . 228 252 298 355 428 485

501 606 653 890 1038

Committee on the State of the Republic . . . . . . . . . . 194
Committee on Apportionment . . . . . . . . . . . . . 202 568

Committee on the Asylum for the Blind . . . . . . . . . . 214

Comi"littee on Internal Improvements. . .

. 214 468 663

Committee on Counties and County Lines . . . . . 215 384 872

Committee on Public Property. . . . . . . . . . . 227 323 800

Citizens Committee on Valuation of Old Capitol . . . . . . 663

Committee on Military Affairs. . . . . . . . . . . . 263 870

Committee on Adjournment . . . . . . . . . . . 676 722 1113

Committee on Public Worship . . . . . . . . . . . . . . 727

Committee on Banks . . . . . . . . . . . . . . . . . 284 367

Committee on Public Library . . . . . . . . . . . . . 306 994

Special committee on the trouble and expense of local hili~ . 335

Committee on the Lunatic Asylum . 355 448-450 451 452 548 936

Committee on Public Printing . . . . . . . . . . . . . . 367

Committee on Hygiene. . . . . . . . . . . . . 432 933 1061

Committee to report on tender of certain bonds by purchaHes

of the M. & B. R. R . . . . . . . . . . . . . . . . . . 459

Committee on Wild Lands . . . . . . . . . . . . . . . . 491

Committee to report Resolutions on the death of Hon. J. T.

Glover . . . . . . . . . . . . . . . . . . . . . . . 779 898

1200

INDEX.

Committee on the treaty of Georgia and South Carolina rela-

tive to the lines between said Htates . . . . . . . 786-788 804

Committee on Privileges and Elections . . . . . . . . .

526

Special Committee on Hand Book of Forms by ::lilman and

Thompson . . . . . . . . . . . . . . . . . . . . . . 948

Committee on the condition of the Marietta and ~orth Geor-

gia Railroad . . . . . . . . . . . . . . . . . . . . . 1071

Committee on Lease of the W. & A. R. R . . . . . . . 1080 1092

Committee to arrange memorial services on account of the

death of the !'resident . . . . . . . . . . . . . . . . 1125

Committee of Conference on the Penitentiary Bill . . . . 1144

Conference Committee on Supplemental Appropriation Bill . 1145

1148 1149

Committee on D. X. ~Iartin's Supreme Court l\lanual. . . . 1146

Committeee to notify the Governor that the General Assembly

was ready to adjourn . . . . . . . . . . . . . . . . . . 1165

RESOLUTIONS-OF HousE.

Resolution relating to the assassination of the President

6

Instructing Clerk to notify Senate, etc . . . . . .

10

Fixing hours of meeting and adjournment . . . . . . . . . 10 19

Providing a Joint Committee to inform Goveruor, etc . . . . 10

Providing a Committee to examine and report on the business

before the Legislature . . . . . . . . . . . . . . 10 28 57

Providing a Committee on Apportionment . . . . . . . . 13 115

Providing a Committee to report resolutions on the deaths o(
Hons. f... J. Hansell and John Wilcox . . . . . 20 28 101 144

Authorizing the Governor to purchase certain manuscripts of

Georgia's Colonial History . . . . . . . . . . 26 36 37 38 42

Referring report of Superintendent of Census to Committee on

Apportionment, and to print the same (500 copies) . . . 28

Providing a Committee on Temperance . . . . . . . . 29 99 105

Instructing Finance Committee to provide against the under-

valuation of property for taxes . . . . . . . . . .

147

Relating to introduction of local bills . . . . . . . . . 29 115

Providing a Spel'ial Committee on the Lunatic Aeylum . . 47 57

Relating to the survey and draining of certain creeks and

lands . . . . . . . . . . . . . . . . . . . . . . . . 615

To pay Special Penitentiary Committee for visiting convict

camps, etc . . . . . . . . . . . . . . . . . . 99

To pay to the heirs of Hons. .A. J. Hansell and John 'Wilcox

balance of per diem of present sesFion . . . . . . 100 596 599

Relating to difficulties attending introduction of Local Bills .. 102

Prohibiting introduction of new matter . . . . . . . . . . 103

Requiring windows in Hall oi Re[Jresentatives fixed . . . . 112

Calling on Principal Keeper Penitentiary for certain informa-

tion. . . . . . . . . . . . . . . . . . . . . . . . . 115

INDEX.

1201

Providing a Committee of twenty to attend commencement ex-

ercises at the University. . . . . . . . . . . . . . 115 132

Providing Joint Committee on lease of W. & A. R. R. (see Jour-

nal of last year) . . . . . . . . . . . . . . . . . . . 117

Requesting appointment' of new members on Standing Com-

mittees . . . . . . . . . . . . . . . . . . . . . . . . 133

Prohibiting the lending of law books from the State Library . 138

Relatin):t to certain papers concerning the colonial history of

Georgia .

. . . . . . . . . . . . . . . . . . . . 173

To provide a Committee to value the old capitol at :Milledge-

ville . . . . . . . . - . . . . . . . . . . . . . .

180

Relating to introduction of matter and final adjournment. . . 184

224 227

Relating to the death of Hon. R. L. :Mott . . . . . . . . . 186

Authorizing Penitentiary Committee to visit convict camps . 197

Tendering use of the Hall toNational Educational Association 213

Authorizing the Governor to purchase copies of N. E. Harris'

Analytical Index. . . . . . . . . . . . . . . . 22-! 292 304

Requesting theGoverrior to purchase the acts of 1880 for mem-

bers, Ordinaries, etc . . . . . . . . . . . . . . . . . 224 307

To pay Frank L. Haralson, State Librarian, for extra services 238

Relating to establishment of district colleges . . . . .

259

Appropriating money to pay the Sergeant-at-Arms of Commit-

tee on Lea"e of theW. & A. R. R . . . . . . . . . . 374 307

Pre~cribing the or<ier of disposing of bills . . . . . . . . 312

Authorizing the StatP- Trcaourer to sell certain Baldwin

county bridge bonds . . . . . . . . . . . . . . 338 404 508

Instructing the Finance Committee to consider the propriety

of taxing sewing machine agents . . . . . . . . . . . 338

Inviting Dr. J. L. ~I. Cnrry to address the General Assembly 364

Amendatory of Rule No. 12 . . . . . . . . . . . . . . 386 453

Of thanks to Rev..]. L. M. Curry for his address . . . . . . 387

Appropri atiug money to Hon. Francis Fontaine, Commissioner

of Immigration . . . . . : . . . . . . . . . 393 967 972

To dispense with reading of the Journal for the balance of

the session . . . . . . . . . . . . . . . . . . . . . 398

Requiring the Hon. F. Fontaine to furnish list of immigrants

brought to this State . . . . . . . . . . . . . . . . . . 398

Providing a Joint Committee on sale of the .M. & B. R. R . . 409

Requesting the Governor to return Honse Bill No. 51 .. .420 499

Providing for election of a Judge for the Northeastern Cir-

cuit . . . . . . . . . . . . . . . . . . . . . . . . . 423

Inviting Dr. :Mell, Chancellor of State University, to address

the General Assembly . . . . . . . . . . . . . . . . . 423

Relating to application of proceeds of sales of State property . 455

Relating to sale of lands of the State on the M. & B. R. R. . 476

1049
76

1202

INDEX.

Prohibiting introduction of new matter .

. . . . . 486

Appropriating money to John R. Driver for arresting and

bringing a prisoner to this State. . . . .

. . . . . . 497

Requiring the Principal Ket'per of Penitentiary to report the

whereabouts of James Denton, a convict . . . .

497

Providing for three sessions on certain days . . . . . . . . 499

Prohibiting irregular action on matters pending . . . . . . 499

Authorizing W. H. Harrison to publish the laws . . . . . 596 603

Calling on the bovernor for information a.o to certain funds

arising from use of M. & B. R. R . . . . . . . . . . . . 509

Calling on Comptroller-General for information as to wild

lands sold for taxes . . . . . . . . . . . . . . . . . 517

Authorizing the Commissioner of Agriculture to loan speci-

mens of woods and minerals to colleges . . . . . . . 517 587

Extending privileges. to Chas. C. Jones . . . . . . . . . 536 586

Instructing Committee on Lunatic Asylum to visit places

suggested for sites of a branch asylum. . .

. . 537

Providing a Committee on early adjournment

. . . 538

Restricting speeches to ten minutes . . . . .

. . 539 554

Fixing a day for final adjournment . . . . .

. 557 738 1084

To print 250 copies of the report on the Lunatic Asylum . . .')60

Relating to property of the State Lottery . . . . . . . . 583 764

Providing for two sesions per day . . . . . . . . . . . . 601

Requiring Treasurer to keep money arising from sale of State's

property separate . . . . . . . . . . . . . . . . 596 604

Of thanks to Hon. Wm. M. Reese, Sr . . . . . . . . . . . 667

Providing mileage for members and officers for adjourned

term . . . . . . . . . . . . . . . . . . . . .670 739 764

Authorizing expenditure of $2,000 for the Cotton Exposition . 688

Excluding new matter . . . . . . . . . . . . . 690

Authorizing the Governor to purchase certain Supreme Court

Reports . . . . . . . . . . . . . . . . . . . . . . 691 701

Remitting one-half the State tax for l!i81 . . . . . . . . . 711

Relating to religious service~ in Representative Hall on

the 6th. . . . . . . . . . . . . . . . . . . . 716

Relating to the death of Hon. J as. T. Glover . . . . . . . 732

Directing the Mayor and Conncil of Augusta to modify the

dam over Savannah river . . . . . .

. . . 743 1043

Authorizing ComptrollerGeneral to pay interest on certain

State bonds . . . . . . . . . .

. . . 745

To abolish the office of State Geologist . .

. . . 804 1091

Relating to lease of Indian Springs Reservation . . . . . 811 1049

Authorizing the printing of 1,000 copies of Report of Committee on lease of the W. & A. R. R . . . . . . . . . . 901

Calling on Governor for the facts relating to the death of John Mathews, a State convict. . . . . . . . . . . . 957

INDEX.

1203

Prohibiting payment of certain coupons of the M. & B. R. R. bonds past due . . . . . . . . . . . . . . . . . . . 973
Prohibiting the lending of books to private persons by the State Librarian . . . . . . . . . . . . . . . . . .1049
Authorizing the Governor to inquire and report the facts in regard to the killing of James Denton, a State convict . . . 1049
Authorizing the Governor to call out the volunteer troops to suppress riot in Savannah . . . . . . . . . . . . . . . 1056
Authorizing the payment of certain printing bill" past due. 1061 To transmit to President United State a petition for pardon of
illicit distillers of liquor . . . . . . ." . . . . . . . . 1085 Authorizing Governor to pay advertising bills of the Railroad
Commi:<sion . . . . . . . . . . . . . . . . . . . . . . 1112 Relative to the Yorktown celebration . . . . . . . . . . . 1139
Authorizing the presiding officers of the two houses to affix their signatures to bills for 24 hours of the adjournment . . 1144
Of thanks to the Committee on the Penitentiary. . . . . . . 1148 Of thanb to Dr. Thomas Raines and Ron. FrankL. Haralson 1148

RESOLUTIONS-OF SENA.'rE.

Notifying House of Senate's readiness for business . . . 11

Providing Joint Committee to inform Governor, etc . . . . 1113

Expressing sense of the Senate on assassination of the Presi-

dent. . . . . . . . . . . . . . . . . . . . . . . . . 13

Authorizing Committee on Lease of the W. &. A. R. R. to em-

ploy Sergeant-at-Arms and Reporter. . . . . . . . 177

To appoint a Joint Committee on the status of the Marietta

and North Georgia Railroad . . . . . . . . . . . . 197 199

Relating to a Court Manual by Col. D. N. Martin. . . . . . 260

Relating to a settlement with purchasers of the M. & B. R. R 260

263

Relating to articles of agreement between Commissioners of

South Carolina and Georgia . . . . . . . . . .

415

Relating to an agreement between Commissioners of Georgia and South Carolina settling boundary line . . . . . . 498 499
Relative to the property of the Georgia Lottery . . . . . . 725 To pay prr diem due Ron. J as. T. Glover, deceased . . . 814 822 Ordering return of House Bill No. 245 to the Senate . . . . 853 Relative to the death of President Garfield . . . . . . 1005 1120

Relative to appointment of a Committee on the state of busi-

ness before the General Assembly . . . . . .
,'V. Concerning the lease of the & A. R. R. . . . . .

. 1111 1111

Relative to a system of keeping public accounts . .

. 1136

Relating to existing legislation on medical subjects .

1136

Requiring the Committee on the State Library to report as to purchase of Martin's Reports of ~upreme Court . . . 1136

1204

INDEX.

Authorizing Joint Committee on theW. & A. R. R. to sit during the rece~s . . . . . . . . . . . . . . . . . . . . 1136
Requesting onr delegation in Congre"" tu ~ecure a branch mint at Dahlonega . . . . . . . . . . . . . . . . 11H6 1137
Requesting (JUT Congresi'ional delegation to obtain appropriations for educational purposes . . . . . . . . . . . . . . 1136
Requesting our Congre>'sional delegation to secure appropriations for improving rivers . . . . . . . . . . . . . . . 1136
Refusing to accept certain bonds of the l:nited States in payment for the .M. & B. R. R . . . . . . . . . . . . . . 1139
Adopting report of Commissioner:< to value the old capitol at Milledgeville . . . . . . . . . . . . . . . . . . . . 1139
Appointing .Joint Committee to notify the Governor that the General Assembly wa~ ready to adjourn . . . . . . . . . 1164

RIVERS, CREEKS, ETC.

A bill to provide for the opening of non-navigable streams in this

State. . . . . . . . . . . . . . . . . . . . , . . . . 31

To rt>peal an act to remove obstructions from rivers, etc., of this

i:itate, o far as relates to Haral~on county . . . 55 119 206 778

To repeal an act to keep open to free passage of fish . . . 188 557

To prevent the floating of logs by Satillo river bridge .

332

To declare the head of navigation of Ocmulgee river . . . . 352

ROAD LAWS.

A bill to provide for extra work on public roads . . . . . . :34 564 576

To provide for improvement of public roads in Dodge county 41

To amend the road laws of Fulton county of February, 1877,

and Odober, 1879 . . . . . . . . . . . . . . . . . . 80 624

To amend an act amending the road laws of Fulton county . . 80

To repeal an act of September 25, 1879, as to the road iaws of

DeKalh county . . . . . .

. 113 :-l15 669 927

To amend the road laws of this State . . . . . . . . . . 140 628

To repeal the road law of Bryan county . . . . . . 147 u28 771

To amend the road lawA and allow gates acrosR public roads . 170

1020

To provide for the better enforcement of the roads laws . 3!l5 693 951 1036

s.

SALES-OFFICIAL.

A bill to repeal an act fixing place of Sherifi's' sale~ in Baldwin county . . . . . . . . . . . . . . . . . . . . . 11 308 324

To provide for levy and sale of property under County Court execution;; . . . . . . . . . . . . . . . . . . 31 119 210

SALARIES-OFFICIAL.

A bill to increase salaries of officers Executive Department, Judges Supreme Court, etc . . . . . . . . . . . . . . , 146

INDEX.

1205

SCHOOLS, COLLEGES, ETc.
A bill to incorporate Snow Spring High School, in Dooly county . 27 To establish a F-chool Fystem for the city of Rome . . 56 251 291 To establish a Branch College of Agriculture at Hamilton, Harris county . . . . . . . . . . . . . 119 199 210 211 212 To repeal an act establi"hing a school system for Cartersville. 146 628 771 To establish a school system for the city of Sandersville . 205 209 To establi;;h a branch of the State University at Rome . . 121 212 To prevent sub-letting contracts for teaching public schools . 312 To establish a local Board of Trustees for the Agricultural College at Hamilton, Harris county . . . 314 480 500 516 990

SENATE BILLS.

A bill to regulate and restrict the rate of interest in this State . 209 342

1054 1065

To amend section 3696 of the Code . .

339

To regulate the fees of Ordinaries, etc .

339

To amend section 3725 of the Code . .

339

To amend section 4151 of the Code . .

339

To require all conditional sales of personal property to be made

in writing . . . . . . . . . . . . . . . . . . 339 478 1062

To amend section 2390 of the Code . . . . . . .

339

To provide for the speedy foreclosure of mortgages on realty

in certain cases . . . . . . . . . . . . . . . . .

339

To amend section 1312 of the Code . . . . . . . . 340 478 1062

To authorize the Jury Commissioners to drop all uisqualified

persons from the jury boxes . . . . . . . . . . . . . . 340

To prescribe fees of Sheriffs, and provide for their payment . 340

740 966 1082

To regulate the testimony of physicians and surgeons . . . 340

To prescribe the fees of Clerks of the Superior Court . . . 340 740

1089 1102

To amend section 4612 of the Code . . . . . . . . 340 478 1089

To amend section 435.5 of the Code . . . . . . . . 340 478 1089

To declare the wife a competent witness against the husband,

in certain cases . . . . . . . . . . . . . . . . 340 537 1090

To provide for the proper distribution of fines in cases trans-

ferred to County Courts . . . . . .

. . . . . 340

To amend section 2048 of the Code . .

. . . 340 741 1091

To fix the legal weight of rough rice .

. . . 340 479 1103

To more clearly define the meaniugof section 20 of the Public

School Law. . . . . . . . . . . . . . . . . . . . . . 341

To protect public and private schools, etc., from disturbances. 341

478 1062

To authorize County an<l City Boards (f Education to require

scholars to be vaccinated . . . . . . . . . 341 479 1090

1206

INDEX

To make it a misdemeanor to carry into::icating liquors where

persons are a~sembled for Divine worship. . . . . 341 478 1082

To make more certain the levy and collection of county tax . 341

478 689

To re-apportion the House of Representatives .. 341 740 767 1089

Declaring persons who cannot read or write incompetent as

election managers . . . . . . . .

. . 341 478 1089

To make it penal to point fire arms at another . . . 341 478 1090

To repeal an act establishing the line between Georgia and

North Carolina . . . . . . . . . . . . - 341 419 1091

To provide for written service of road defaulters . 342 479 1091

To provide for collection of insolvent tax executions . 342 741 1092

To amend section 4540 of the Code . . . . . . . 342 479 1104

To define the offense of selling liquor without license . . . . 341

To amend an act conferring additional powers on purchasers

of railroads . . . . . . . . . . . . . . . . 419 690 1129

To change the time of holding the Superior Court for Bulloch

county . . . . . . . . . . . . . . . . . 476 593 1084

To amend the County Court Act as to compensation of judges,

juries, etc . . . . . . . . . . . 476 1050 1085

To repeal section 659 of the Code , . . . . . . . . . 476

To provide for restoring the last name of the wife in cases of

divorce . _ . . . . . . . . . . . 476 741 1104

To define the law of prescription in constructive possession of

land . . . . . . . . . . . . . . . . . . . . . . . 476

To amend paragraph 1, section 1 of the County Court Act . . 479

To authorize the Jury Commissioners to exclude disqualified

per~ons from the jury box . . . . .

479

To provide for trials in Justices Courts when the Justice or

Notary is disqualified . . . . . . . . . . . . . . . . 537

To make it a felony to seduce any person to the offence of

bigamy or polygamy . . . . . . . . . . . . . . . . 537

To incorporate railroads in this State . . . . ; . 724 1002 1062

To regulate the mode of carrying pauper cases to the Supreme

Court . . . . . . . . . . . . . . . 725 966 1091

To punish the stealing of cotton in bales . . . . . 725 966 1105

To provide an additional mode for enforcing liens of mechanics

and others . . . . . . . . . . . . . . . - . . . 725

To repeal the last clause of section 441 of the Code of 1873 . 725 966 1112

To prohibit School Commissioners from being book agents . 725 763

To appropriate money to repair the State buildings at Milledge-

ville . . . . . . . . . . . . . . . . .

725

To order an election on sale of liquor in Worth county . . . 725

To provide for registration of voters in Savannah . . . . . . 725

Amendatory of the act regulating railroad freights and pass-

enger tariffs , . . . . . . . . 725 965

INDEX.

1207

To confer additional powers on municipal corporations

726

To amend section 1562 of the Code . . . . . . . . . .

726

To incorporate the Milledgeville Railroad Company . .

726

To authorize the Governor to pay the claim of Mr. L. D. Pitt-

man, of Alabama . . . . . . . . . . . . . . . . . . 726

To incorporate the Covington and North Georgia Railroad

Company . . . . . . . . . . . . . . . . . . . . . . . 726

To provide for payment of certain criminal cost in theNorthern

Circuit . . . . . . . . . . . . . . . . . . . . . . 726

To provide compensation for the Sheriff of the Supreme Court 726

To establish a branch of the State University at Hamilton, Ga. 726

To amend section 4368 of the Code . . . . . . . . . . . 726

To repeal an act incorporating the Baptist State Convention . 726

To prescribe the mode cf making returns to the Comptroller-

General by Insurance Companies . . . . . . . . . . . 726

To incorporate the Monticello and Ocmulgee Railroad Co . 726

To change the fiscal year, etc . . . . . . . . . . . . .

727

To prohibit the distillation of grain for twelve months . . 727

To amend section 4505 of the Code. . . . . . . . . . . . 727

To incorporate the Romney Marsh Canal and Navigation Co. 727

To amend section 3214 of the Code. . . . . . . . . . . . . 727

To :(ix the fees of public weighers of cotton . . . . 839 1084 1101

To regulate the sale of liquor in this State outside of cities,

towns, etc . . . . . . . . . . . . . 840 966 1106 11:28

To amend section 1282 of the Code . . . . . . . . . . . . 840

To provide for a committee of legislators to act as a Board of

Visitors to the State University. . . . 840 1002 1061 1112

To provide an additional;mode of obtaining tales jurors and

to pay their fees . . . . . . . . . . . . . . 840 1002 1112

To provide for appointment and fix the term of office of State

Librarian . . . . . . . . . . . . . . . . . 840 1002 1129

To make the first term trial term in certain cases in Superior

Courts . . . . . . . . . . . . . . . . . . . . . . . 840

To amend an act as to the method of letting out contracts to

build or repair public bridges, etc . . . . . . . . . . . 870

To increase the educational facilities of the State University . 965 1061

To regulate the sale of pistols in this State .

. . . . . 965

To declare county officers ineligible to the office of County

School Commissioner. . . . . . . . . .

. . . . . 965

To amend an act in relation to purchasing of railroads from

corporations, etc. . . . . . . . . . . . . . . . 965 1120

To provide for the better inspection and management of State

convicts.. . . . . . . . . . . . . ...966 1002 1120 1150

To amend the law as to mechanics' liens, as provided in sec-

tion 1981 of!the Code . . . . . . . . . . . . . . . . . 966

To amend paragraph 2, section 18, article 6 of the Constitution 966

1208

INDEX.

To change the time of holding the Superior Court of Worth Co. 966 To transfer Miller county from the Patanla to the Albany
Circuit, and Calhoun to the Pataula Circuit . . . . . . . 966 To amend section 326 of the Code in reference to trials where
Ordinary is disqualified . . . . . . . . . . . . . . 966 1105 To amend section 13i7 of the Corle as to quarantine laws. 967 1128 To amend section 19 of the public ~choollaws of Georgia .1049 1089 To amend section 1444 of the Code . . . . . . : . . . . . 1050 To provide for the more efficient granting of diplomas by
medical colleges . . . . . . . . . . . . . . 1050 1082 1129

SEWING MACHINES, ETc. A bill to require vendors of, to procure license . . . . . . . . . . . 123

SHERIFFS.

A bill to provide compen~ation of.

20

SOCIETIES-SECRET. A bill to incorporate the Grand Lodge of the Independent Order of
Obedients . . . . . . . . . . . . . . . . . . . . . . 475

SOLICITORS.

A bill to prol'ide compensation for extra service of Solicitor-General of Western Circuit in Clarke county . . . . . . . 55 2-!9 275
To fix the salary of the Solicitor of the County Court of the county of Richmonrl . . . . . . . . . . . . . . 56 121 233

To fix salary of Solicitor for County Court of Oconee Co - 56 258

fo require Solicitors-General to bring rules against attorneys

at law in certain cases . . . . . . . . . . . . . 122 134 352

To provide for appointment of a Solicitor for Putnam County

Court . . . . . . . . . . . . . . .

- . . . 189 406

To authorize settlement of the claim of Howard Van :Epps,

late Solicitor City Court, Atlanta . . . . . . . . 241 353 1024

To require Solicitors-General to pay fined and forfeitures into

county trea~ury . . . . . . . . . . . . . . 403 511 741

SPORTING LAWS.
A bill to prevent hunting with dogs in cotton tielde at certain periods. 45 To prevent deer hunting at night by fire-light . . - . . . 109 722 To proh1bit killing of deer and turkeys at certain seasons . . 131 294 312 To prohibit camp-hunting in Clinch county by non-residents. 193 386 524 539 To protect game in the county of Emanuel . . . . . . . 220 391 To protect game in this State, etc . . . . . . . . . . . . . 238 To prohibit the killing deer, turkeys, etc., in Thomas county, at certain seasons . . . . . . . . . - . - . . . . . . . 916 To prohibit hunting and fishing on the lands of another in Tatnall_county. . . . . . . . . . . . . . . 295 866

INDEX.

1209

STATE CAPITOL. A bill to provide for the erection of. . . . . . . . . . . . . . 65

STOCK-Ru~:siNG AT LARGE.
A bill to prevent stock from running at large in Upson Co. 516 7-40 1032 To submit the question of stock running at large in this State to the people . . . . . . . . . . . . . . . . . . 142

SURVEYS.

A bill to authorize the survey of the 6th land district of Habersham

county . .

...............

174

To prescribe the mode of Rurveying certain loh in Clinch

county ............. .

. -45 565 594

To regulate the tracing of land lines.

123

TAX LA '\VS AND TAX OFFICERS.

A bill to amend the general tax acl, approved Dec. i, 1!:\80 . :!-4 524 69-!

To authorize a special tax for school purposes iu Decatur

county, etc . . . . . . . . . . . . . . . . . . . . . 27

To increase the tax for pauper purposes in :\!arion Co. 34 693 953

To authorize the Board of Education of Bibb county to collect

the poll tax from the Tax Collector . . . . . . . . . . 63 105

To require payment of special tax by itinerant traders drum-

mers, etc . . . . . . . . . . . . . . . . . . . . . . . 92

To confer additional powers on the Tax Collec~or of Twiggs

county . . . . . . . .

. . . . . . . . . . . . . lOS

To extend the time for final settlements of Tax Collectors . . 122

To repeal the 17th section of the general tax act of 18bl-18::l2

155 ~67 975

To provide assessors of taxable property

li\l

To exempt .Atlanta Female Institute from taxation . . . . 80 119

To provide a tax on dogs . . . . . . . . . . . .

17\l

To regulate payment of certain !axe>< in Washington county. 188

To levy a tax of one-tenth of one per cent. for ,;chool purpo-

ses . . . . . . . . . . . . . . . . 251 287 419 487 i:i32 554

To fix a permanent tax on all :circus companies, etc . . . 352 498

To require Tax Collectors to receive jury :;crip for county taxes 353

To provide comp~nsation for eertain Tax Collectors and Re-

ceivers for 1880 . . . . . . . . . . . . . . . . . . 393 560

To levy and collect a tax from dealers in iron ;;afes . . 453 693 9;53

To amend the 17th paragraph of the 2d ,;ection of the general

tax act of 1881-1882 . . . . . . . . . . . . . . 4\l6 694 905

To amend the general tax act of 1881-188:! . . . . . 4!)7 619 985

To prescribe the manner for insurance companies to make tax

returns . . . . . . . . . . . . . . . . . . . . 537 996

To levy a school tax for Columbia county . . . . . 553

1210

INDEX.

7

To regulate the manner of paying taxes on lands divided by

county lines . . . . .

. . . . . 688 882 1032

Providiug pay for tax officers for services in 1880 illegally

withheld . . . . . . . . . . . . . . . . . . . . . . 689

To provide for the correct assessment of taxable p~opery . 743 834

905 930

To amend an act providing for tax sales by municipal corpo-

rations . . . . . . . . . . . . . . 744 968 1039 113.')

TELEGRAPH AND TELEPHONE COMPANIES.

A bill to incorporate the Dahlonega, Dawsonville and GaineRville

Telegraph and Telephone Company . . . . . . . 34 882 898

To incorporate the Atlantic and Mississippi Telegraph Com-

pany . . . .

. . . . . . . . . . . 100 882 910

TREASURY-STATE.

A bill to amend an act for the protection of the State Treasury . . . 745

To empower the Governor to invest any eurplus in the State

Treasury

. . . . . . . . . . . . . . . . . . . 35